HomeMy WebLinkAbout2013-08-27 - AGENDA REPORTS - BLDG & SFTY CNSULT CNTRCT INCR (2)CONSENT CALENDAR
DATE:
SUBJECT:
DEPARTMENT:
Agenda Item: 5
CITY OF SANTA PT ARITA
AGENDA REPORT
City Manager Approval:
Item to be presented by:
August 27, 2013
INCREASE EXPENDITURE LIMITS FOR CONTRACTS FOR
PLAN REVIEW, BUILDING INSPECTION, AND
PERMIT -RELATED PROFESSIONAL SERVICES
Public Works
RECOMMENDED ACTION
City Council authorize an increase in expenditure limits for contracts to California Code
Check and West Coast Code Consultants, Inc., for plan review, building inspection, and
permit -related professional services from $175,000 to an annual amount not to exceed
$630,000 for California Code Check and $420,000 for West Coast Code Consultants, Inc.
2. Authorize an increase to Building & Safety Plan Check revenue account 100-4111.007 by
$75,000; increase Miscellaneous Building & Safety Services and Fees revenue account
100-4521.001 by $60,000; and appropriate $135,000 from the General Fund (Fund 100) to
expenditure account Professional Services 14100-5161.002 .
3. Authorize the City Manager or designee to modify all documents, or modify the awards in the
event issues of impossibility of performance arise, and execute up to two annual renewal
options not to exceed the limits stated above, plus Consumer Price Index adjustments, subject
to City Attorney final document approval, contingent upon the appropriation of funds by the
City Council in the annual budget for such fiscal year.
BACKGROUND
The Building & Safety Division uses contractual services on an as -needed basis to assist staff
with plan reviews and inspections of buildings during periods of high construction activity.
Contractual support for plan review and/or inspection services helps supplement staffs effort to
reduce plan check turn -around time and manage the inspection workload as demand fluctuates.
APPROVED
On September 11, 2012, the City Council approved contracts for California Code Check, SPS
Plan Check Services Inc., and West Coast Code Consultants, Inc., with expenditure limits of
$175,000 each. Over the last year, the economy has improved and construction activity in Santa
Clarita has increased significantly. As a result of the increase, staff has been inundated with plan
review and inspections, increasing the turn -around time for both. During Fiscal Year 2012-13,
the number of permits issued and inspection requests exceeded the previous five years. In an
effort to provide excellent customer service and reduce the wait time for our customers, Building
& Safety needs additional resources in the form of contract plan check and inspection services
beyond the current $175,000 limit to meet the City's high customer service standards. Hourly
rates for these services range from $55 to $125 per hour.
Approval of the increased contract limits of $630,000 for California Code Check and $420,000
for West Coast Code Consultants, Inc., will allow Building & Safety to address the current
increase in workload and provide flexibility in selecting plan check and inspection services based
on each firm's staffing expertise. It will also enable staff to renew the amount each year for two
years using available budget appropriated by the City Council for such fiscal year. Approval of
the increased contract limits by the City Council will help Building & Safety utilize contract
services on an as -needed basis.
ALTERNATIVE ACTIONS
Other action as determined by the City Council.
FISCAL IMPACT
Fees paid by customers for plan review and building permits will directly fund the needed
contractual plan review, building inspection, and other permit -related services. The requested
increase to Building & Safety's revenue accounts by a combined $135,000 directly offsets the
requested appropriation of $135,000 for contract services.
This request to increase the contract limits will give staff the flexibility to use contract staff from
either firm. The total amount that can be paid for plan check and inspection services for all
contract staffing firms is limited to the funds authorized in the budget by the City Council.
Additional funding is available in the current year budget. The requested appropriation of
$135,000 will adequately provide for contract services through December 2013.
ATTACHMENTS
California Code Check Contract available in the City Clerk's Reading File
West Coast Code Consultant, Inc., Contract available in the City Clerk's Reading File
PROFESSIONAL SERVICES AGREEMENT
BETWEEN
1.
THE CITY OF SANTA CLARITA AND
CALIFORNIA CODE CHECK
Contract No. 13-00311'
This AGREEMENT is entered into this day of 20_, by and
between the CITY OF SANTA CLARITA, a municipal corporation and general law city
("CITY") and [California Code Check, ("CONSULTANT").
I. CONSIDERATION.
A. As partial consideration, CONSULTANT agrees to perform the work listed in the
SCOPE OF SERVICES, below; and
B. As additional consideration, CONSULTANT and CITY agree to abide by the
terms and conditions contained in this Agreement; and
C. As additional consideration, CITY agrees to pay CONSULTANT a sum not to
exceed sixty-three hundred thousand dollars ($630,000) for CONSULTANT's
services. CITY may modify this amount as set forth below. Unless otherwise
specified by written amendment to this Agreement, CITY will pay this sum as
specified in the attached Exhibit `B," which is incorporated by reference.
2. SCOPE OF SERVICES.
A. CONSULTANT will perform services listed in the attached Exhibit "A," which is
incorporated by reference.
B. 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. PERFORMANCE STANDARDS. While performing this Agreement, CONSULTANT
will use the appropriate generally accepted professional standards of practice existing at the time
of performance utilized by persons engaged in providing similar services. CITY will
continuously monitor CONSULTANT's services. CITY will notify CONSULTANT of any
deficiencies and CONSULTANT will have fifteen (15) days after such notification to cure any
shortcomings to CITY's satisfaction. Costs associated with curing the deficiencies will be borne
by CONSULTANT.
4. PAYMENTS. For CITY to pay CONSULTANT as specified by this Agreement,
CONSULTANT must submit a detailed invoice to CITY which lists the hours worked and
Revised 1/2011 Page I of 10
hourly rates for each personnel category and reimbursable costs (all as set forth in
Exhibit `B") the tasks performed, the percentage of the task completed during the billing period,
the cumulative percentage completed for each task, the total cost of that work during the
preceding billing month and a cumulative cash flow curve showing projected and actual
expenditures versus time to date.
5. 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 the CITY. In the event the CITY has not appropriated sufficient
funds for payment of CONSULTANT services beyond the current fiscal year, this Agreement
will cover only those costs incurred up to the conclusion of the current fiscal year.
6. ADDITIONAL WORK.
A. If CONSULTANT believes Additional Work is needed to complete the Scope of
Work, CONSULTANT will provide the CITY with written notification that
contains a specific description of the proposed Additional Work, reasons for such
Additional Work, and a detailed proposal regarding cost.
7. FAMILIARITY WITH WORK.
A. By executing this Agreement, CONSULTANT agrees that it has:
i. Carefully investigated and considered the scope of services to be
performed; and
Carefully considered how the services should be performed; and
iii. Understands the facilities, difficulties, and restrictions attending
performance of the services under this Agreement.
B. If services involve work upon any site, CONSULTANT agrees that
CONSULTANT has or will investigate the site and is or will be fully acquainted
with the conditions there existing, before commencing the services hereunder.
Should CONSULTANT discover any latent or unknown conditions that may
materially affect the performance of the services, CONSULTANT will
immediately inform CITY of such fact and will not proceed except at
CONSULTANT's own risk until written instructions are received from CITY.
8. TERM. The term of this Agreement will be from October 1, 2013 to June 30, 2014. Unless
otherwise determined by written amendment between the parties, this Agreement will terminate
in the following instances:
A. Completion of the work specified in Exhibit "A."
B. Termination as stated in Section 15.
Revised 1/2011 Page 2 of 10
9. TIME FOR PERFORMANCE.
A. CONSULTANT will not perform any work under this Agreement until:
CONSULTANT famishes proof of insurance as required under Section 22
of this Agreement; and
CITY gives CONSULTANT a written notice to proceed.
B. Should CONSULTANT begin work on any phase in advance of receiving written
authorization to proceed, any such professional services are at CONSULTANT's
own risk.
10. TIME EXTENSIONS. 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 CITY 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 CITY will extend the completion time, when appropriate, for the
completion of the contracted services.
11. 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.
12. TAXPAYER IDENTIFICATION NUMBER. CONSULTANT will provide CITY with a
Taxpayer Identification Number.
13. 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.
14. 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.
15. TERMINATION.
A. CITY may terminate this Agreement at any time with or without cause.
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.
Revised 1/2011 Page 3 of 10
C. Upon receiving a termination notice, CONSULTANT .will immediately cease
performance under this Agreement unless otherwise provided in the termination
notice. Except as otherwise provided in the termination notice, any additional
work performed by CONSULTANT after receiving a termination notice will be
performed at CONSULTANT'S own cost; CITY will not be obligated to
compensate CONSULTANT for such work.
D. 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 satisfactorily completed up
to the effective date of notice of termination, not to exceed the total costs under
Section 1(C).
E. Should the Agreement be terminated pursuant to this Section, CITY may procure
on its own terms services similar to those terminated.
By executing this document, CONSULTANT waives any and all claims for
damages that might otherwise arise from CITY's termination under this Section.
16. OWNERSHIP OF DOCUMENTS. All documents, data, studies, drawings, maps, models,
photographs and reports prepared by CONSULTANT under this Agreement are CITY's
property. CONSULTANT may retain copies of said documents and materials 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.
17. 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
public 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.
18. INDEMNIFICATION. CONSULTANT agrees to indemnify and hold CITY harmless from
and against any claim, action, damages, costs (including, without limitation, attorney's fees),
injuries, or liability, arising out of the performance of this agreement by CONSULTANT.
Should CITY be named in any suit, or should any claim be brought against it by suit or
otherwise, arising out of performance by CONSULTANT of services rendered pursuant to this
Agreement, 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 costs incurred in defense otherwise.
19. 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.
20. INDEPENDENT CONTRACTOR. CITY and CONSULTANT agree .that
CONSULTANT will act as an independent contractor and will have control of all work and the
Revised 1/2011 Page 4 of 10
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.
21. 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 three (3) years
after termination or final payment under this Agreement.
22. INSURANCE.
A. Before commencing performance under this Agreement, and at all other times this
Agreement is effective, CONSULTANT will procure and maintain the following
types of insurance with coverage limits complying, at a minimum, with the limits
set forth below:
Tyne of Insurance Limits
Commercial general liability: $1,000,000
Professional Liability $1,000,000
Business automobile liability $1,000,000
Workers compensation Statutory requirement
B. Commercial general liability insurance will meet or exceed the requirements of
ISO -CGL Form No. CG 00 01 11 85 or 88. The amount of insurance set forth
above will be a combined single limit per occurrence for bodily injury, personal
injury, and property damage for the policy coverage. Liability policies will be
endorsed to name CITY, its officials, and employees as "additional insureds"
under said insurance coverage and to state that such insurance will be deemed
"primary" such that any other insurance that may be carried by CITY will be
excess thereto. Such endorsement must be reflected on ISO Form No. CG 20 10
11 85 or 88, or equivalent. 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. 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 renew the
insurance for a period of three (3) years after this Agreement expires or is
terminated. Such insurance will have the same coverage and limits as the policy
Revised 12011 Page 5 of 10
that was in effect during the term of this Agreement, and will cover
CONSULTANT 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.
D. Automobile coverage will be written on ISO Business Auto Coverage Form
CA 00 01 06 92, including symbol 1 (Any Auto).
E. CONSULTANT will furnish to CITY duly authenticated Certificates of Insurance
evidencing maintenance of the insurance required under this Agreement 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:VIL"
F. Should CONSULTANT, for any reason, fail to obtain and maintain the insurance
required by this Agreement, City may obtain coverage at CONSULTANT'S
expense and deduct the cost of such insurance from payments due to
CONSULTANT under this Agreement or terminate. In the alternative. should
CONSULTANT fail to meet any of the insurance requirements under this
agreement, City may cancel the Agreement immediately with no penalty.
G. Should CONSULTANT'S insurance required by this Agreement be cancelled at
any point prior to expiration of the policy. CONSULTANT must notify City
within 24 hours of receipt of notice of cancellation. Furthermore.
CONSULTANT must obtain replacement coverage that meets all contractual
requirements within 10 days of the prior insurer's issuance of notice of
cancellation. CONSULTANT must ensure that there is no lapse in coverage
23. USE OF SUBCONTRACTORS. CONSULTANT must obtain CITY's prior written
approval to use any consultants while performing any portion of this Agreement. Such approval
must approve of the proposed consultant and the terms of compensation.
24. INCIDENTAL TASKS. 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.
25. 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:
California Code Check
1000 Business Center Circle, Suite 200
Newbury Park, CA 91320
Attention: Tom Harris
If to CITY:
City of Santa Clarita
23920 Valencia Boulevard., Suite 300
Santa Clarita, CA 91355
Attention: Damon Letz
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
Revised 1/2011 Page 6 of 10
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.
26. CONFLICT OF INTEREST. CONSULTANT will comply with all conflict of interest
laws and regulations including, without limitation, CITY's Conflict of Interest Code (on file in
the City Clerk's Office). It is incumbent upon the CONSULTANT or CONSULTING FIRM to
notify the CITY pursuant to Section 25. NOTICES of any staff changes relating to this
Agreement.
A. In accomplishing the scope of services of this Agreement, all officers, employees
and/or agents of CONSULTANT(S), unless as indicated in Subsection B., will be
performing a very limited and closely supervised function, and, therefore, unlikely to
have a conflict of interest arise. No disclosures are required for any officers,
employees, and/or agents of CONSULTANT, except as indicated in Subsection B.
Initials of Consultant
B. In accomplishing the scope of services of this Agreement, CONSULTANT(S) will be
performing a specialized or general service for the CITY, and there is substantial
likelihood that the CONSULTANT'S work product will be presented, either written
or orally, for the purpose of influencing a governmental decision. As a result, the
following CONSULTANT(S) shall be subject to the Disclosure Category "I" of the
CITY's Conflict of Interest Code:
27. 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.
28. 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.
29. 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 Los Angeles County.
30. COMPLIANCE WITH LAW. CONSULTANT agrees to comply with all federal, state,
and local laws applicable to this Agreement.
Revised 1/2011 Page 7 of 10
31. ENTIRE AGREEMENT. This Agreement, and its Attachments, 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 tiwo (2) Attachment(s) to this Agreement. This
Agreement will bind and inure to the benefit of the parties to this Agreement and any subsequent
successors and assigns.
32. 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.
33. 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.
34. 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 executive manager, or designee, may execute any such amendment on behalf of CITY.
35. ACCEPTANCE OF FACSIMILE SIGNATURES. 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
facsimile transmission. Such facsimile signature will be treated in all respects as having the
same effect as an original signature.
36. CAPTIONS. The captions of the paragraphs of this Agreement are for convenience of
reference only and will not affect the interpretation of this Agreement.
37. TIME IS OF ESSENCE. Time is of the essence for each and every provision of this
Agreement.
38. FORCE MAJEURE. Should performance of this Agreement be prevented due to fire, flood,
explosion, acts of terrorism, war, embargo, government action, civil or military authority, the
natural elements, or other similar causes beyond the Parties' reasonable control, then the
Agreement will immediately terminate without obligation of either party to the other.
39. 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 CITY.
40. PROTECTION OF RESIDENT WORKERS. The City of Santa Clarita actively supports
the Immigration and Nationality Act (INA), which includes provisions addressing employment
eligibility, employment verification, and nondiscrimination. Under the INA, employers may hire
Revised 1/2011 Page 8 of 10
only persons who may legally work in the United States (i.e., citizens and nationals of the U.S.)
and aliens authorized to work in the U.S. The employer must verify the identity and employment
eligibility of anyone to be hired, which includes completing the Employment Eligibility
Verification Form (1-9). The CONSULTANT shall establish appropriate procedures and
controls so no services or products under the Contract Documents will be performed or
manufactured by any worker who is not legally eligible to perform such services or employment.
[SIGNATURES ON NEXT PAGE]
Revised 1/2011 Page 9 of 10
IN WITNESS WHEREOF, the parties hereto have executed this contract the day and
year First hereinabove written.
FOR CONSULTANT:
0
Print Name & Title
Date:
FOR CITY OF SANTA CLARITA:
KENNETH W. STRIPLIN, CITY MANAGER
ma
City Manager
Date
ATTEST:
By:
City Clerk
Date:
APPROVED AS TO FORM:
JOSEPH M. MONTES, CITY ATTORNEY
By:
City Attorney
Date:
Revised 1/2011 Page 10 of 10
Exhibit "A"
SCOPE OF WORK
Part 1 - Inspection Services
Section 1.1 General Provisions
Inspection Services will be performed by certified inspectors having appropriate
experience, training, and certification to conduct detailed inspections as assigned.
Building Inspector certifications held by assigned inspection personnel must be issued by
appropriate certifying organizations to the satisfaction of the City of Santa Clarita (City)
and furnished to the City upon request.
When specifically required by the City, an inspection for compliance with the
accessibility requirements of the California Building Code shall be performed by building
inspectors who hold a valid Certified Access Specialist (CASp) certification.
Prior to acceptance of an individual to perform inspection services, the City may request
an interview with a candidate to determine suitability prior to assignment.
Section 1.2 Inspection Job Duties
Assigned inspectors must be able to perform the following:
1. Conduct comprehensive inspections for all phases of construction for buildings,
structures, sites, or portions of buildings and sites, as assigned by the City
2. Verify all work is in conformance with City approved construction plans
3. Verify all work is in compliance with applicable state and local codes, standards and
construction regulations, including the California Building, Residential, Plumbing,
Electrical, Mechanical, Energy, and CALGreen Codes, including pertinent
construction provisions of the Santa Clarita Municipal Code
4. Write precise correction notices for observed construction deficiencies and related
inspection instructions in a professional, intelligible, and clear maturer, in a format
approved by the City
5. Conduct all inspections and interactions with the public and City staff in a
professional manner
6. Use the City's permitting software --Tidemark Advantage by Accela, Inc. --to
input/document inspection results and project status, and use City's ePlans system--
ProjectDox by Avolve Software --to access and view approved plans.
Where a discrepancy is found to exist between the plans approved by the City and
accepted standards and codes or other regulations, the assigned inspector will consult
with the supervisor designated by the City to make final determination.
Assigned inspectors will report to the Building & Safety Division at City 1 -tall per agreed
work schedule as determined by the City Building Official or his designee.
Section 1.3 Payment for Inspection Services
Inspection services will be billed by the Consultant to the City as per Fee Schedule,
Exhibit `B."
Consultant shall provide the assigned inspector with a vehicle for travel to and from
inspection sites. Consultant shall also provide the assigned inspector with a cell phone for
communication with the City while conducting inspections in the field. The cost for such
services shall be included in the hourly rate outlined in the Fee Schedule, Exhibit `B" or
as mutually agreed to prior to assignment.
Part 2 - Plan Review Services
Section 2.1 General Provisions
Plan Review Services will be performed by certified plans examiners having appropriate
experience, training, and certification to conduct detailed review of plans as assigned.
Plans Examiner certifications held by assigned plan reviewers must be issued by
appropriate certifying organizations to the satisfaction of the City and furnished to the
City upon request. Engineered drawings and calculations will be reviewed by plan
reviewers who also hold a current Professional Engineer's license issued by the State of
California.
When specifically required by the City, a review for compliance with the accessibility
requirements of the California Building Code shall be performed by plan reviewers who
hold a valid Certified Access Specialist (CASp) certification.
Assigned plan reviewers will work with architects, engineers, contractors, designers, and
developers directly to establish applicable construction requirements for projects.
Assigned plan reviewers will conduct comprehensive reviews of construction drawings,
calculations, reports, and related documents, as assigned by the City, for compliance with
applicable codes, standards and state and local construction regulations, including the
California Building, Residential, Plumbing, Electrical, Mechanical, Energy, and
CALGreen Codes, including pertinent construction provisions of the Santa Clarita
Municipal Code.
Assigned plans examiners will prepare precise corrections for observed design
deficiencies and related plan review instructions in a professional, intelligible, and clear
manner, in a format acceptable to the City. All notices, notes, corrections, and
instructions directed to customers will be properly documented/recorded and furnished to
the City upon request or as established herein.
Interactions with the public and City staff will be conducted in a professional manner
Section 2.2 Electronic Plan Review Services
Electronic plan review services shall be subject to the provisions of this Section.
Electronic plan review will be performed using the City's ePlans system - ProjectDox by
Avolve Software. Electronic plan review includes reviewing plans using the web -based
tools provided in ProjectDox, and completing "tasks" assigned by Building & Safety's
plan review workflow. Reviewers must review their task list and e-mail daily for newly
assigned tasks. Tasks are finalized by completing and submitting web -based forms.
Section 2.3 Internal Plan Review Services
Internal plan review services are those services performed by the assigned plan reviewer
at City Hall. Internal plan review services shall be subject to the provisions of this
Section.
Assigned internal plan reviewers must be able to perform the following:
1. Assist at the public counter to help answer questions and provide information to
customers pertaining to applicable regulations and pennitting requirements in a
helpful, professional, timely, and courteous manner
2. Perform "over-the-counter" plan reviews for small projects, as may be assigned .
3. Perform electronic plan reviews as described in Section 2.2 using the City's ePlans
system
4. Use the City's permitting software --Tidemark Advantage by Accela, Inc. --to input
project information, inspection requirements, and plan review status
Assigned internal plan reviewers will report to the Building & Safety Division at City
Hall per agreed work schedule as determined by the City Building Official or his
designee.
Prior to acceptance of an individual to perform internal plan review services, the City
may request an interview with a candidate to deternine suitability prior to assignment.
Section 2.4 External Plan Review Services
External plan review services are those services performed at the consultant's own
location. External plan review services shall be subject to the provisions of this Section.
Plan review turn -around time will not exceed 10 working days. For very large or
unusually complex projects the turn -around time may be extended, subject to prior
mutual agreement by City and Consultant.
Plan review turn -around time for Expedited Reviews shall be completed within five (5)
working days from the date plans are received by Consultant. For very large or unusually
complex projects the tum -around time for expedited reviews may be extended, subject to
prior mutual agreement by City and Consultant.
Plan review turn -around time shall be calculated from the date plans are received by
Consultant to the day the customer and/or City is notified that plans are complete and
ready for pick-up or delivery.
At the City's request and subject to prior agreement, external plan reviews may be
performed electronically as described in Section 2.2 using the City's ePlans system.
Consultant will keep adequate records for tracking plan review turn -around times for
each project, including turn -around time for re -check, and present such records to the
City upon request.
Consultant will fwmish the City with a summary of pertinent project data at or near
completion of first review on a form supplied by the City.
Consultant will provide project information to customers, upon request, pertaining to
applicable regulations and permitting requirements in a helpful, professional, timely, and
courteous manner.
Consultant will transmit project plans to customer and the City via 2 -day delivery service
at consultant's expense.
Consultant will deliver to the City two sets of approved plans when the plans are deemed
complete and in substantial compliance with applicable code requirements for the
specified codes, regulations, and standards.
Plans that have been approved by Consultant and deemed ready for permit issuance shall
bear an identifying approval stamp stating, in substance, that "...these plans have been
reviewed by (Consultant's corporate name)," with approval date on each sheet. The
name and signature of the responsible plans examiner shall be listed adjacent to
Consultant's approval stamp on the front sheet of that portion of the plans under his
review responsibility.
The City will coordinate and verify directly with agencies and other City Departments,
and the customer, any and all applicable agency approvals, which are deemed by the City
to be required prior to permit issuance.
Section 2.5 Payment for Plan Review Services.
Plan review services will be billed by the Consultant to the City as per Fee Schedule,
Exhibit "B."
ff12 it
�`
BUILDING CODE CONSULTANTS
CF L I FORN IA
_ 70% of City Standard Fee -
review (for approval purposes only). Hourly thereafter. Includes shipping J
a H`r•.
REQUEST FOR PROPOSAL BS -11-12-48
. ADDITIONAL RILANIAEVfE1N 5 RVtCES :::..
HOURLY
1000 Business Center Cir.
PLAN REVIEW, BUILDING INSPECTION, and/or PERMIT RELATED PROFESSIONAL SERVICES
Ste 200
{
Newbury Park, CA 91320
(I hour minfe)
(805)499-4584
$ 125,00/ hour
(805)499-4489 fax
$ 125.00 /hour -
TASKS
COSTS
`PLAN REVIEW SERVICES__ -
PERCENTAGE
Building Plan Check Review Fee - Includes a first, second and quick third
_ 70% of City Standard Fee -
review (for approval purposes only). Hourly thereafter. Includes shipping J
courier service ...... ...._.(applies when City PCfees are a%ofPermltfee)
_ ($20^.00 min (ee)
. ADDITIONAL RILANIAEVfE1N 5 RVtCES :::..
HOURLY
Building Plan Check Review Fee — For revisions and additions to plans
$ 105,00 / hour -
- Including "Supplemental information" & Deferred Submittals
{
.................. ... .... .(applies when city PC/ees are. hourly)
(I hour minfe)
Fire Code, Fire Sprinkler/Suppression and Alarm Review
$ 125,00/ hour
Grading Plan Review
$ 125.00 /hour -
Geotechnical Report Review
, $ 125.00 /hour
Meetings/Consultation regarding specific projects will be charged on an
j
- :hourly basis Including travel time, if applicable,
$1B4O0/ hour ..
8U(CDINGPLANCHECK,;ACCELERATED' PERCENTAGE
HOURLY:: ;',•::
Accelerated Plan Review 95°% of City Standard Fee
- 150% of our Regular Plan check Rrly Fee f
PERSONNEL
..... �_.,... ...,.
HOURLY'!.
.:
Contract Plans Examiner at City Hall •Residential, (4 hour min. /day)
$ 105,00; hour '.
Contract Plans Examiner at City Hall - Commercial, (4 hour min. / day)
$ 105,06-1 hour
Contract Budding Inspector—Residential - (4 hour min. / day)
j $ 65.00/hour
Contract Building Inspector—Commercial - (4 hour min. /,day)
t
` $ 75.00 hour
Permit Technician at City Hall, (4 hour min. / day)
$ 55.00 /hour
- Public Works Inspectors (4 hour min, j day)
- $ 85.00/hour
Certified Building Official
$ 110.00 /hour
ADDITIONAL COSTS ': - :
• ___ � •--
.Delivery costs associated with Plan Review Services
Included -j
Mileage and Travel Expenses
Included
Inspector's Cell Phone & Vehicle
. Included
'Overtime will be charged at 1.5 times the standard hourly rate (over 8 hours on any day and/or over 40 hours per week and weekends). All
out-of-pocket expenses are Included within specl0ed rates, unless prior authorization from the Building
Official Is received.
0SOUTHERN CALIFORNIA OFFICE
1000 Business Center Cir, Ste 200
Newbury Park, CA 91320
(805) 499-4584 • (805) 499A489 fax Copyright 2012—California Code Check, Inc
CENTRAL CALIFORNIA OFFICE
5905 Capistrano Ave, Ste F
Atascadero, CA 93422
(805) 792-1109 • (805) 792-1110 fax
PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE CITY OF SANTA CLARITA AND
WEST COAST CONSULTANTS, INC.
Contract No. 13-00312
This AGREEMENT is entered into this day of 20 , by and
between the CITY OF SANTA CLARITA, a municipal corporation and general law city
("CITY") and West Coast Consultant, Inc. ("CONSULTANT").
1. CONSIDERATION.
A. As partial consideration, CONSULTANT agrees to perform the work listed in the
SCOPE OF SERVICES, below; and
B. As additional consideration, CONSULTANT and CITY agree to abide by the
terms and conditions contained in this Agreement; and
C. As additional consideration, CITY agrees to pay CONSULTANT a sum not to
exceed forty-two hundred thousand dollars ($420,000) for CONSULTANT's
services. CITY may modify this amount as set forth below. Unless otherwise
specified by written amendment to this Agreement, CITY will pay this sum as
specified in the attached Exhibit "B," which is incorporated by reference.
2. SCOPE OF SERVICES.
A. CONSULTANT will perform services listed in the attached Exhibit "A," which is
incorporated by reference.
B. CONSULTANT will, in a professional manner, furnish all of the labor, technical,
administrative, professional and other personnel, all supplies and materials,
eqr ipment, 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. PERFORMANCE STANDARDS. While performing this Agreement, CONSULTANT
will use the appropriate generally accepted professional standards of practice existing at the time
of performance utilized by persons engaged in providing similar services. CITY will
continuously monitor CONSULTANT's services. CITY will notify CONSULTANT of any
deficiencies and CONSULTANT will have fifteen (15) days after such notification to cure any
shortcomings to CITY's satisfaction. Costs associated with curing the deficiencies will be home
by CONSULTANT,
4. PAYMENTS. For CITY to pay CONSULTANT as specified by this Agreement,
CONSULTANT must submit a detailed invoice to CITY which lists the hours worked and
Revised 1/2011 Page 1 of 10
hourly rates for each personnel category and reimbursable costs (all as set forth in
Exhibit `B") the tasks performed, the percentage of the task completed during the billing period,
the cumulative percentage completed for each task, the total cost of that work during the
preceding billing month and a cumulative cash flow curve showing projected and actual
expenditures versus time to date.
5. 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 the CITY. In the event the CITY has not appropriated sufficient
funds for payment of CONSULTANT services beyond the current fiscal year, this Agreement
will cover only those costs incurred up to the conclusion of the current fiscal year.
6. ADDITIONAL WORK.
A. If CONSULTANT believes Additional Work is needed to complete the Scope of
Work, CONSULTANT will provide the CITY with written notification that
contains a specific description of the proposed Additional Work, reasons for such
Additional Work, and a detailed proposal regarding cost.
7. FAMILIARITY WITH WORK.
A. By executing this Agreement, CONSULTANT agrees that it has:
i. Carefully investigated and considered the scope of services to be
performed; and
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.
B. If services involve work upon any site, CONSULTANT agrees that
CONSULTANT has or will investigate the site and is or will be fully acquainted
with the conditions there existing, before commencing the services hereunder.
Should CONSULTANT discover any latent or unknown conditions that may
materially affect the performance of the services, CONSULTANT will
immediately inform CITY of such fact and will not proceed except at
CONSULTANT's own risk until written instructions are received from CITY.
8. TERM. The term of this Agreement will be from October 1, 2013 to June 30, 2014. Unless
otherwise determined by written amendment between the parties, this Agreement will terminate
in the following instances:
A. Completion of the work specified in Exhibit "A."
B. Termination as stated in Section 15.
Revised 1/2011 Page 2 of 10
9. TIME FOR PERFORMANCE.
A. CONSULTANT will not perform any work under this Agreement until:
CONSULTANT furnishes proof of insurance as required under Section 22
of this Agreement; and
ii. CITY gives CONSULTANT a written notice to proceed.
B. Should CONSULTANT begin work on any phase in advance of receiving written
authorization to proceed, any such professional services are at CONSULTANT's
own risk.
10. TIME EXTENSIONS. 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 CITY 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 CITY will extend the completion time, when appropriate, for the
completion of the contracted services.
11. 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.
12. TAXPAYER IDENTIFICATION NUMBER. CONSULTANT will provide CITY with a
Taxpayer Identification Number.
13. 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.
14. 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.
15. TERMINATION.
A. CITY may terminate this Agreement at any time with or without cause.
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.
Revised 1/2011 Page 3 of 10
C. Upon receiving a termination notice, CONSULTANT will immediately cease
performance under this Agreement unless otherwise provided in the termination
notice. Except as otherwise provided in the termination notice, any additional
work performed by CONSULTANT after receiving a termination notice will be
performed at CONSULTANT'S own cost; CITY will not be obligated to
compensate CONSULTANT for such work.
D. 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 satisfactorily completed up
to the effective date of notice of termination, not to exceed the total costs under
Section 1(C).
E. Should the Agreement be terminated pursuant to this Section, CITY may procure
on its own terms services similar to those terminated.
F. By executing this document, CONSULTANT waives any and all claims for
damages that might otherwise arise from CITY's termination under this Section.
16. OWNERSHIP OF DOCUMENTS. All documents, data, studies, drawings, maps; models,
photographs and reports prepared by CONSULTANT under this Agreement are CITY's
property. CONSULTANT may retain copies of said documents and materials 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.
17. 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
public 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.
18. INDEMNIFICATION. CONSULTANT agrees to indemnify and hold CITY harmless from
and against any claim, action, damages, costs (including, without limitation, attorney's fees),
injuries, or liability, arising out of the performance of this agreement by CONSULTANT.
Should CITY be named in any suit, or should any claim be brought against it by suit or
otherwise, arising out of performance by CONSULTANT of services rendered pursuant to this
Agreement, 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 costs incurred in defense otherwise.
19. 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.
20. INDEPENDENT CONTRACTOR. CITY and CONSULTANT agree that
CONSULTANT will act as an independent contractor and will have control of all work and the
Revised 1/2011 Page of 10
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.
21. 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 three (3) years
after termination or final payment under this Agreement.
22. INSURANCE.
A. Before commencing performance under this Agreement, and at all other times this
Agreement is effective, CONSULTANT will procure and maintain the following
types of insurance with coverage limits complying, at a minimum, with the limits
set forth below:
Type of Insurance Limits
Commercial general liability: $1,000,000
Professional Liability $1,000,000
Business automobile liability $1,000,000
Workers compensation Statutory requirement
B. Commercial general liability insurance will meet or exceed the requirements of
ISO -CGL Form No. CG 00 01 11 85 or 88. The amount of insurance set forth
above will be a combined single limit per occurrence for bodily injury, personal
injury, and property damage for the policy coverage. Liability policies will be
endorsed to name CITY, its officials, and employees as "additional insureds"
under said insurance coverage and to state that such insurance will be deemed
"primary" such that any other insurance that may be carried by CITY will be
excess thereto. Such endorsement must be reflected on ISO Form No. CG 20 10
11 85 or 88, or equivalent. 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. 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 renew the
insurance for a period of three (3) years after this Agreement expires or is
terminated. Such insurance will have the same coverage and limits as the policy
Revised 1/2011 Page 5 of 10
that was in effect during the term of this Agreement, and will cover
CONSULTANT 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.
D. Automobile coverage will be written on ISO Business Auto Coverage Form
CA 00 0106 92, including symbol 1 (Any Auto).
E. CONSULTANT will furnish to CITY duly authenticated Certificates of Insurance
evidencing maintenance of the insurance required under this Agreement 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 "AXIL"
F. Should CONSULTANT, for any reason, fail to obtain and maintain the insurance
required by this Agreement, City may obtain coverage at CONSULTANT'S
expense and deduct the cost of such insurance from payments due to
CONSULTANT under this Agreement or terminate. In the alternative. should
CONSULTANT fail to meet anv of the insurance requirements under this
agreement. City may cancel the Agreement immediately with no penalty.
G. Should CONSULTANT'S insurance required by this Agreement be cancelled at
any point prior to expiration of the policy. CONSULTANT must notify Citv
within 24 hours of recent of notice of cancellation. Furthermore,
CONSULTANT must obtain replacement coverage that meets all contractual
requirements within 10 days of the prior insurer's issuance of notice of
cancellation. CONSULTANT must ensure that there is no lapse in coverage.
23. USE OF SUBCONTRACTORS. CONSULTANT must obtain CITY's prior written
approval to use any consultants while performing any portion of this Agreement. Such approval
must approve of the proposed consultant and the terms of compensation.
24. INCIDENTAL TASKS. 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.
25. 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:
West Coast Code Consultants, Inc.
2400 Camino Ramon, Suite 240
San Ramon, CA 94583
Attention: Giyan Senaratne
If to CITY:
City of Santa Clarita
23920 Valencia Boulevard., Suite 300
Santa Clarita, CA 91355
Attention: Damon Letz
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
Revised 1/2011 Page 6 of 10
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.
26. CONFLICT OF INTEREST. CONSULTANT will comply with all conflict of interest
laws and regulations including, without limitation, CITY's Conflict of Interest Code (on file in
the City Clerk's Office). It is incumbent upon the CONSULTANT or CONSULTING FIRM to
notify the CITY pursuant to Section 25. NOTICES of any staff changes relating to this
Agreement.
A. In accomplishing the scope of services of this Agreement, all officers, employees
and/or agents of CONSULTANT(S), unless as indicated in Subsection B., will be
performing a very limited and closely supervised function, and, therefore, unlikely to
have a conflict of interest arise. No disclosures are required for any officers,
employees, and/or agents of CONSULTANT, except as indicated in Subsection B.
Initials of Consultant
B. In accomplishing the scope of services of this Agreement, CONSULTANT(S) will be
performing a specialized or general service for the CITY, and there is substantial
likelihood that the CONSULTANT'S work product will be presented, either written
or orally, for the purpose of influencing a governmental decision. As a result, the
following CONSULTANT(S) shall be subject to the Disclosure Category "1" of the
CITY's Conflict of Interest Code:
27. 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.
28. 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.
29. 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 Los Angeles County.
30. COMPLIANCE WITH LAW. CONSULTANT agrees to comply with all federal, state,
and local laws applicable to this Agreement.
Revised 1/2011 Page 7 of 10
31. ENTIRE AGREEMENT. This Agreement, and its Attachments, sets forth the entire
understanding of the parties. There are no other understandings, terms or other agreements
expressed or implied, oral or written. There aretrvo (2) Attachment(s) to this Agreement. This
Agreement will bind and inure to the benefit of the parties to this Agreement and any subsequent
successors and assigns.
32. 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.
33. 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.
34. 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 executive manager, or designee, may execute any such amendment on behalf of CITY.
35. ACCEPTANCE OF FACSIMILE SIGNATURES. 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
facsimile transmission. Such facsimile signature will be treated in all respects as having the
same effect as an original signature.
36. CAPTIONS. The captions of the paragraphs of this Agreement are for convenience of
reference only and will not affect the interpretation of this Agreement.
37. TIME IS OF ESSENCE. Time is of the essence for each and every provision of this
Agreement.
38. FORCE MAJEURE. Should performance of this Agreement be prevented due to fire, flood,
explosion, acts of terrorism, war, embargo, government action, civil or military authority, the
natural elements, or other similar causes beyond the Parties' reasonable control, then the
Agreement will immediately terminate without obligation of either party to the other.
39. 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 CITY.
40. PROTECTION OF RESIDENT WORKERS. The City of Santa Clarita actively supports
the Immigration and Nationality Act (INA), which includes provisions addressing employment
eligibility, employment verification, and nondiscrimination. Under the INA, employers may hire
Revised 1/2011 Page 8 of 10
only persons who may legally work in the United States (i.e., citizens and nationals of the U.S.)
and aliens authorized to work in the U.S. The employer must verify the identity and employment
eligibility of anyone to be hired, which includes completing the Employment Eligibility
Verification Form (I-9). The CONSULTANT shall establish appropriate procedures and
controls so no services or products under the Contract Documents will be performed or
manufactured by any worker who is not legally eligible to perform such services or employment.
[SIGNATURES ON NEXT PAGE]
Revised 1/2011
Page 9of 10
IN WITNESS WHEREOF, the parties hereto have executed this contract the day and
year first hereinabove written.
FOR CONSULTANT:
Print Name & Title
Date:
FOR CITY OF SANTA CLARITA:
KENNETH W. STRIPLIN, CITY MANAGER
By:
City Manager
Date:
ATTEST:
By:
City Clerk
Date:
APPROVED AS TO FORM:
JOSEPH M. MONTES, CITY ATTORNEY
By:
City Attorney
Date:
Revised 1/2011 Page 10 of 10
Exhibit "A"
SCOPE OF WORK
Part 1 - Inspection Services
Section 1,1 General Provisions
Inspection Services will be performed by certified inspectors having appropriate
experience, training, and certification to conduct detailed inspections as assigned.
Building Inspector certifications held by assigned inspection personnel must be issued by
appropriate certifying organizations to the satisfaction of the City of Santa Clarita (City)
and furnished to the City upon request.
When specifically required by the City, an inspection for compliance with the
accessibility requirements of the California Building Code shall be performed by building
inspectors who hold a valid Certified Access Specialist (CASp) certification.
Prior to acceptance of an individual to perform inspection services, the City may request
an interview with a candidate to determine suitability prior to assignment.
Section 1.2 Inspection Job Duties
Assigned inspectors must be able to perform the following:
1. Conduct comprehensive inspections for all phases of construction for buildings,
structures, sites, or portions of buildings and sites, as assigned by the City
2. Verify all work is in conformance with City approved construction plans
3. Verify all work is in compliance with applicable state and local codes, standards and
construction regulations, including the California Building, Residential, Plumbing,
Electrical, Mechanical, Energy, and CALGreen Codes, including pertinent
construction provisions of the Santa Clarita Municipal Code
4. Write precise correction notices for observed construction deficiencies and related
inspection instructions in a professional, intelligible, and clear manner, in a format
approved by the City
5. Conduct all inspections and interactions with the public and City staff in a
professional manner
6. Use the City's permitting software --Tidemark Advantage by Accela, Inc. --to
input/document inspection results and project status, and use City's ePlans system--
ProjectDox by Avolve Software --to access and view approved plans.
Where a discrepancy is found to exist between the plans approved by the City and
accepted standards and codes or other regulations, the assigned inspector will consult
with the supervisor designated by the City to make final determination.
Assigned inspectors will report to the Building & Safety Division at City Hall per agreed
work schedule as determined by the City Building Official or his designee.
Section 1.3 Payment for Inspection Services
Inspection services will be billed by the Consultant to the City as per Fee Schedule,
Exhibit 1113.7
Consultant shall provide the assigned inspector with a vehicle for travel to and from
inspection sites. Consultant shall also provide the assigned inspector with a cell phone for
communication with the City while conducting inspections in the field. The cost for such
services shall be included in the hourly rate outlined in the Fee Schedule, Exhibit "B" or
as mutually agreed to prior to assignment.
Part 2 - Plan Review Services
Section 2.1 General Provisions
Plan Review Services will be performed by certified plans examiners having appropriate
experience, training, and certification to conduct detailed review of plans as assigned.
Plans Examiner certifications held by assigned plan reviewers must be issued by
appropriate certifying organizations to the satisfaction of the City and furnished to the
City upon request. Engineered drawings and calculations will be reviewed by plan
reviewers who also hold a current Professional Engineer's license issued by the State of
California.
When specifically required by the City, a review for compliance with the accessibility
requirements of the California Building Code shall be performed by plan reviewers who
hold a valid Certified Access Specialist (CASp) certification.
Assigned plan reviewers will work with architects, engineers, contractors, designers, and
developers directly to establish applicable construction requirements for projects.
Assigned plan reviewers will conduct comprehensive reviews of construction drawings,
calculations, reports, and related documents, as assigned by the City, for compliance with
applicable codes, standards and state and local construction regulations, including the
California Building, Residential, Plumbing, Electrical, Mechanical, Energy, and
CALGreen Codes, including pertinent construction provisions of the Santa Clarita
Municipal Code. .
Assigned plans examiners will prepare precise corrections for observed design
deficiencies and related plan review instructions in a professional, intelligible, and clear
manner, in a format acceptable to the City. All notices, notes, corrections, and
instructions directed to customers will be properly documented/recorded and furnished to
the City upon request or as established herein.
Interactions with the public and City staff will be conducted in a professional manner.
Section 2.2 Electronic Plan Review Services
Electronic plan review services shall be subject to the provisions of this Section.
Electronic plan review will be performed using the City's ePlans system- ProjectDox by
Avolve Software. Electronic plan review includes reviewing plans using the web -based
tools provided in ProjectDox, and completing "tasks" assigned by Building & Safety's
plan review workflow. Reviewers must review their task list and e-mail daily for newly
assigned tasks. Tasks are finalized by completing and submitting web -based forms.
Section 2.3 Internal Plan Review Services
Internal plan review services are those services performed by the assigned plan reviewer
at City Hall. Internal plan review services shall be subject to the provisions of this
Section.
Assigned internal plan reviewers must be able to perform the following:
1. Assist at the public counter to help answer questions and provide information to
customers pertaining to applicable regulations and permitting requirements in a
helpful, professional, timely, and courteous manner
2. Perform `over-the-counter" plan reviews for small projects, as may be assigned
3. Perform electronic plan reviews as described in Section 2.2 using the City's ePlans
system
4. Use the City's permitting software --Tidemark Advantage by Accela, Inc. --to input
project information, inspection requirements, and plan review status
Assigned internal plan reviewers will report to the Building & Safety Division at City
Hall per agreed work schedule as detenmined by the City Building Official or his
designee.
Prior to acceptance of an individual to perform internal plan review services, the City
may request an interview with a candidate to determine suitability prior to assignment.
Section 2.4 External Plan Review Services
External plan review services are those services performed at the consultant's own
location. External plan review services shall be subject to the provisions of this Section.
Plan review turn -around time will not exceed 10 working days. For very large or
unusually complex projects the turn -around time may be extended, subject to prior
mutual agreement by City and Consultant.
Plan review turn -around time for Expedited Reviews shall be completed within five (5)
working days from the date plans are received by Consultant. For very large or unusually
complex projects the tum -around time for expedited reviews may be extended, subject to
prior mutual agreement by City and Consultant.
Plan review turn -around time shall be calculated from the date plans are received by
Consultant to the day the customer and/or City is notified that plans are complete and
ready for pick-up or delivery.
At the City's request and subject to prior agreement, external plan reviews may be
performed electronically as described in Section 2.2 using the City's ePlans system.
Consultant will keep adequate records for tracking plan review tum -around times for
each project, including turn -around time for re -check, and present such records to the
City upon request.
Consultant will furnish the City with a surmnary of pertinent project data at or near
completion of first review on a form supplied by the City.
Consultant will provide project information to customers, upon request, pertaining to
applicable regulations and permitting requirements in a helpful, professional, timely, and
courteous manner.
Consultant will transmit project plans to customer and the City via 2 -day delivery service
at consultant's expense.
Consultant will deliver to the City two sets of approved plans when the plans are deemed
complete and in substantial compliance with applicable code requirements for the
specified codes, regulations, and standards.
Plans that have been approved by Consultant and deemed ready for permit.issuance shall
bear an identifying approval stamp stating, in substance, that "...these plans have been
reviewed by (Consultant's corporate name)," with approval date on each sheet. The
name and signature of the responsible plans examiner shall be listed adjacent to
Consultant's approval stamp on the front sheet of that portion of the plans under his
review responsibility.
The City will coordinate and verify directly with agencies and other City Departments,
and the customer, any and all applicable agency approvals, which are deemed by the City
to be required prior to permit issuance.
Section 2.5 Payment for Plan Review Services.
Plan review services will be billed by the Consultant to the City as per Fee Schedule,
Exhibit `B."
y y
❑ „ :- EU
E ro Q 7 c .o E o ro � ro
•� '^S � ami , ; w '". � c °' c
> •° o ° .a - o itl p
�
r o a.c N `n > v c
.n U0 3 N ° v 4 •� w •0.i �
T •O
rn� o DA ro oo
c �
o
p •o Q• a v v
o s o
a - y v ro =
v o U 3 v b ro 9 b .>_'
CC `o °
CL
�U
ro— °
4: o
ti '-. M V •-• O ° to .� V b
in d N'E• aN a 3 v �" c
in
W a`
0 > .� y '9 vr T O v w v Ql n E
T
vv �
E vry c n c v } l a c v
wu a3 u a3 ¢a C) CIO
U
Z
u
2
Q
a
oA
L
l^
C
w
>
s
°
o
a�
w
o
�
q
U
�
J
4•
o
ami
N
b
.n
T
O
O_
p
v
°
bA
c7
':
U
�
.n
o
}
•3
C
o
a
a
b
ro
v
W
o
�
41
tU
a
N
`i
W
a
E'
C�
v
m
¢
/\
\
\\
\
\\\
\
/\
2
:
}\
40
z
+
@
_
\
\» y
\
\/
00
)
&\\
m
¢