HomeMy WebLinkAboutCC 3 EXT CKING CONS 07-06-93ATE: JULY 6, 1993
CONSENT CALENDAR NO. 3
7-6-93
Inter-Com
TO' WILLIAM A. HUSTON, CITY MANAGER
FROM:" COMMUNITY DEV~LOPM"~NT DEPARTHENT
SUBJECT: CONTRACT EXTENSION FOR BUILDING AND GRADING PLAN CHECKING
CONSULT~I'S
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager
to execute an extension of plan checking consultant contracts with
B.S.I Consultants, Inc., Hunsaker & Associates, Inc., Pacesetter
Municipal Services, Inc., Melad & Associates, and G.P.S., Inc.
pursuant to the terms noted herein and subject to the review and
approval of the contract amendments by the City Attorney.
FISCAL IMPACT:
Plan check consultant costs are budgeted as a part of the Community
Development Department and are recoverable from plan check costs
paid by the applicant to the City. Consultant services are used on
an as-needed basis and within the limits of the approved Community
Development Department budget.
BACKGROUND:
In 1992, the Community Development Department completed an
extensive request for proposal (R.F.P) process for plan check
· services for grading and building projects. Five qualified firms
were selected as a result of this process. Contracts were signed
for a one year period during May of 1992. The five selected firms,
B.S.I Consultants, Inc., Hunsaker & Associates, Inc., Pacesetter
Municipal Services, Inc., Melad & Associates, and G.P.S., Inc.,
have performed in a satisfactory manner over the past year. The
rates of compensation for the various consultants, have been
examined and remain consistent with norms for the industry and are
based upon percentages of plan check fees collected by the City.
With authorization of the City Council and concurrence of the City
Attorney, staff would recommend that the five firms be offered an
extension of their contracts with the City, subject to the
following contract amendments.
City Council Report
Contract Extension for
Plan Checking Consultants
July 6, 1993
Page 2
I ·
Section 3.4 be deleted 'and replaced with the following:
"Section 3.4 Term: Unless earlier terminated in
accordance with Section 7.7 of this agreement, this
agreement~ shall continue in full force and effect until
completion of the services, but not beyond June 30, 1994.
Additionally, upon mutual agreement by both parties, this
contract may be extended for additional periods of one
year per contract extension."
.
Item 3, of Exhibit D, Schedule of Performance.
paragraph to this item to read:
Add a new
"For plan checks requiring more than the initial check
and two rechecks for approval, the consultant shall meet
with the Building Official for the purpose of examination
of unresolved issues prior to authorization for any
additional plan checks. This meeting shall be scheduled
by the consultant within two work days of the completion
of the third check and prior to the release of correction
comments to the applicant."
Attached you will find an example of a current plan check
consultant contract. The amendments discussed above would be made
to the standard Plan check contract, subject to final review by the
City Attorney.
Rick Brown,
Building Official
Assistant City Manager
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Attachment
RB: jk: kbc\contract, ext
CONSULTANT SERVICES AGREEMENT
This Agreement for Contract Services (herein "Agreement"), is
made and entered into by and between the CITY OF TUSTIN, a
municipal corporation" ("City"), and BSI CONSULTANTS, INCORPORATED,
(, Consultant" ). ~ '-
'WHEREAS, Consultant is qualified to provide the necessary
services and has agreed to provide such services; and
WHEREAS, Consultant has submitted to City a proposal, dated
July 9, 1991, a copy of which is attached hereto as Exhibit' "A",
and is by this reference incorporated herein as though set forth.in
full hereat ("Proposal").
NOW, THEREFORE, in consideration of the premises and mutual
agreements contained herein, City agrees to employ and does hereby
employ Consultant and Consultant agrees to provide consulting
services as follows:
1. SERVICES OF CONSULTANT
1.1 Scope of Services. In compliance with all terms
xnd conditions of this Agreement, Consultant shall provide those
services specified in the "Proposal and Scope of Services" attached
hereto as Exhibit "A" and incorporated herein by this reference,
(the "services" or the "work"). Consultant warrants that all
services shall be performed in a competent, professional and
satisfactory manner in accordance with all standards prevalent in
the industry. ·
1.2 Consultant's Proposal. The scope of services
shall include all the terms contained in Exhibit "A"~ In the event
of any inconsistency between the terms contained in Exhibit "A" and
the terms set forth in the main body of this Agreement, the terms
set forth in the main body of this Agreement shall govern.
1.3 Compliance with Law. Ail services rendered
hereunder shall be provided in accordance with all laws,
ordinances, resolutions, statutes, rules, and regulations of the
City of Tustin and of any federal, state or local governmental
agency of competent jurisdiction.
1.4 Licenses and Permits. Consultant Shall obtain at
its sole cost and expense such licenses, permits and approvals as
may be required by law for the performance of the services required
by this Agreement.
1.5 Familiarity with Work. By executing this
Contract, Consultant warrants that Consultant (a) has thoroughly
investigated and considered the work to be performed,. (b) has
investigated the site of the work and become fully acquainted with
the conditions there existing, (c) has carefully considered how the
work should be performed, and (d)' fully understands the facilities,
difficulties and' restrictions attending performance of the work
under this Agreement. Should'the Consultant discover any latent or
unknown conditions materially differing from those inherent-in the
work 'or as'represented by the city, Consultant shall immediately
inform City of such fact and shall not proceed with any work except
at'Consultant's risk until written instructions are received from
the Contract Officer.
1.6 Care of Work. Consultant shall adopt and follow
reasonable procedures and methods during the term of the Agreement
to prevent loss or damage to materials, papers or other components
of the work, and shall be responsible for all such damage until
acceptance of the work by City, except such loss or damages as ~ay
be caused by City's own negligence. '~
1.7 Additional Services. Consultant shall perform
services in addition to those specified in the Proposal when
directed to do so bythe Contract Officer, providedthat Consultant
shall not be required to perform.any additional services without
compensation. Any additional compensation not exceeding ten
percent (10%) of the Contract sum must be approved in writing by
the Contract Officer. Any greater increase must be approved in
writing by the City Manager.
1.8 Special Requirements. Any additional terms and
conditions of this Agreement, are set forth in Exhibit "B" hereto,
"Special Requirements" and incorporated herein by this reference.
In the event of a conflict between the provisions of Exhibit "B"
and any other provision or provisions of this Agreement, the
provisions of Exhibit "B" shall govern. ~
'- 2. COMPENSATION
2.1 .Compensation of Consultant. For the services
rendered pursuant to this Agreement, the Consultant .shall be
compensated and reimbursed only such amounts as are prescribed in-
the Proposal.
2.2 Method of Payment. In any .month in which
Consultant wishes to receive payment, Consultant shall no later
than the first working day of such month, 'submit to City in the
form apProved by city's Director of Finance, an invoice for
services rendered prior to the date of the invoice. City shall pay
Consultant for all expenses stated thereon which are approved by
City consistent with this Agreement, no-later than the last working
day of said month.
2.3 Chanqe~. In the event any change or changes in
the work is requested by city, the parties hereto shall execute an
addendum to this Agreement, setting forth with particularity all,
terms of such addendum, including, but not limited to, .any
additional Consultant's fees. Addenda may be entered into:
A. ~revisions or modifications to
documents or other work product or w~--~h-~-d~~~--or-other
'~or~oduct or work is required by the enactment or revision of
law subsequent to the preparation of any documents, other work
product or work;
B. To provide for additional services not
included in this Agreement or not customarily furnished in
accordance with generally accepted practice in Consultant~s
profession·
2.4 payment for Chanqes. Approved chang~ Orders sh~all.
be compensated at the personnel hourly rates prescribed in .Exhibit
"C"'hereto (where applicable, rates shall apply to travel time)·
2.5 Statement of Costs. Pursuant to the provisions of
California Government Code Section 7550, the total amount expended
~by City relating to the preparation of any report or documents
~escribed herein shall be set forth within the final edition
_hereof, in a separate section, in a statement substantially as
follows:
Pursuant to California Government
Code Section 7550 the City of Tustin
expended the total amount of
$ 'for the
preparation of this report and/or
documents. ~
·
PERFORMANCE SCHEDULE
3.1 Time of Essence. Time is of the essence in the
performance of this Agreement.
3.2 Schedule of Performance. All services rendered
pursuant to this Agreement shall be performed within any time
periods prescribed in any Schedule of Performance attached hereto
marked Exhibit "D". Extension of any time period specified in the
Exhibit "D" must be approved in writing by the Contract officer.
3.3 Force Majeure. Time for performance of services
to be rendered pursuant to this Agreement may be extended because
of any delays due to unforeseeable causes beyond the control and
,ithout the fault or negligence of the Consultant, including, but
.ot restricted t°, acts of God or of a public enemy, acts of the
government, fires, earthquakes, floods, epidemic, quarantine
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restrictions, riots, strikes, freight embargoes, and unusually
severe weather if the Consultant shall within ten (10) days of the
commencement of 'such condition notify the Contract Officer who
shall thereupon ascertain the facts and the extent of any necessary
delay, and extend the time for performing the services for the
· period of the enforced delay when and if in the Contract Officer's
judgment such delay is justified, and the Contract officer's
.determination' shall be final and conclusive upon the parties to
this Agreement.
3.4 Term. Unless earlier terminated in accordance
with Section 7.7 of this Agreement, this Agreement shall.continue
in full force and effect until completion of the services but not
exceeding one (1) year from date hereof.
4. COORDINATION OF WORK
4.1 Representative of Consultant. The following
Principal of the Consultant is hereby designated as being the
principal and representative of Consultant authorized to act in its
behalf with respect to the work specified herein and m.ake all
decisions in connection therewith: Scott R. Fazekas.
It is expressly understood that the experience,
knowledge, capability and reputation of the foregoing Principal is
a substantial inducement for City to enter into this Agreement.
Therefore, the foregoing Principal shall be responsible duringthe
term of this Agreement for directing all activities of Consultant
and devoting sufficient time to personally supervise'the services
hereunder. The foregoing Principal may not be changed by
Consultant without the express written approval of City.
4.2 Contract officer. The Contract Officer shall be
the Director of Community Deve%opment of City unless otherwise
d~signated in writing by the City Manager of city. It shall bet he
COnsultant's responsibility .to keep the Contract Officer fully
informed of the progress of the performance of the services and
Consultant shall refer any-decisions which must be made by City to
the Contract Officer. Unless otherwise specified herein, any
approval of City required hereunder shall mean the approval of the
Contract Officer.
4.3 Prohibition Against Subcontracting or Assignment.
Theexperience, knowledge, capability and reputation of Consultant,
its principals and employees were a substantial inducement for the
City to enter into this Agreement. Therefore, Consultant shall not
contract with any other entity to perform in whole or in part the
services required hereunder without the express written approval of
the City.. In addition, neither this .Agreement nor any interest
herein may be assigned or transferred, voluntarily or by operation
of law, without the prior written approval of City.
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4.4 Independent Consultant. Neither the City nor any
of its employees shall have any control over the manner, mode or
means by which Consultant, its agents or employees perform the
services required herein, except as otherwise set forth herein.
Consultant shall perform all services required herein as an
independent consultant Qf City and shall remain at all times as to
city a wholly independentconsultant wit~ only such obligations as
are consistent with~that role. ~Consult~nt shall not at-any time or .
in any manner represent that 'it or any of its agents or employees
are agents or employees of city.
5. INSURANCE, INDEMNIFICATION AND BONDS
5.1 Insurance. Consultant shall procure and maintain,
at its'cost, and submit concurrently with its execution of this
Agreement, public liabilitY and property damage insurance against
all claims for injuries against persons or damages to property
resulting .from Consultant's performance under this' Agreement.
Consultant shall also carry workers' compensation insurance in
accordance with California worker's compensation laws.' Such
insurance shall be kept in effect during the term of t~is Agreement
and shall, n6tbe cancelable without thirty (30) days written notice
to City of any proposed cancellation. A certificate evidencing the
foregoing and designating City as an additional named insured shall
'-,e delivered to and approved by the City prior to commencement of
.he services hereunder. The procuring of such insurance and the
delivery of policies or certificates evidencing the same shall not
be construed as a limitation of Consultant's obligation to
indemnify the City, its consultants, officers, and employees. The
amount of insurance required hereunder shall include comprehensive
general liability, personal injury and automobile liability with
limits of at least One Million Dollars ($1,000,000)-combined single
limit per occurrence and professional liability coverage with
limits of at least Five Hundred Thousand..Dollars ($500,000).
· 5.2 Indemnification. The Consultant shall defend,
indemnify and hold harmless theCity, its officers and employees,
from and against any and all actions, suits, proceedings, claims,
demands, losses, costs, and expenses, including legal costs and
attorneys' fees, for injury to or death of person or persons, for
damage to property, including property owned by City, and for
errors and omissions committed by Consultant, its officers,
employees and agents, arising out of or related to Consultant's
performance under this Agreement, except for such loss as may be
caused by City's own negligence or that of its officers or
employees. -
6. RECORDS AND REPORTS
6.1 Reports. COnsultant shall periodically prepare
~nd submit to the Contract officer such reports concerning the
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performance of the services required by this Agreement as the
Contract officer shall require.
6.2 Records. Consultant shall keep such books and
records as shall be necessary to properly perform the services
required by this Agreement and enable the Contract officer to
evaluate the performance of sUch Services. The Contract officer
shall have full and free'access to such~books and records~at all
reasonable times, including the right ~o'inspect, copy, audit'and
make records and transcripts from such records.
6.3 Ownership of Documents. ~11 drawings,
specifications, reports, records, documents and other materials
prepared by Consultant in the performance of this Agreement shall
be the property of City and shall be delivered to City upon request
of the Contract Officer or upon the termination of this Agreement,
and Consultant shall have no claim for further employment or
additional compensation as a result of the exercise by-City of ~'ts
full rights or ownership of the documents and materials hereunder.
Consultant may retain copies of. such documents for its own use.
Consultant shall have an unrestricted right to use the ~oncepts
embodied therein.
6.4 Release of Documents. Ail drawings,
specifications, reports, records, documents and other materials
prepared by Consultant in the performance of services under this
~greement shall not be released publicly without the prior written
approval of the Contract Officer.
7. 'ENFORCEMENT OF AGREEMENT
7.1 California Law. This Agreement shall be construed
and interpreted both-as to validity and to performance of the
parties in accordance with the laws of the State of California.
Legal actions concerning an~ dispute, claim or matter arising out
of or in relation to this Agreement shall be instituted in the
Superior Court of the'County of Orange, State of California, or any
other appropriate court is such county, and Consultant Covenants
and agrees to submit to the personal jurisdiction of such court in
the event of such action.
7.2 Disputes. In the event of any dispute arising
under this Agreement, the injured party shall notify the,injuring
party in writing'of its contentions by submitting a claim therefor.
The injured party shall continue performing its obligations
hereunder so long as the injuring party cures any default within
ninety (90) days after service of the notice, or if the cure of the
default is commenced within thirty (30) days after service of said
notice and is cured within a reasonable time after commencement;
provided that if the default is an immediate danger to the health,
safety and general welfare, the City may take immediate action
under Section 7.5 of this Agreement. Compliance with the
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provisions of this Section shall be a condition precedent to any~
legal action, and such compliance shall not be a waiver of any
party's right to take legal action in the event that the dispute is
not cured.
7..3 Waiver. No delay or omission in the exercise of
any right or remedy of a non-defaulting party on any default shall
impair such ,~ighf. or-remedy 'or be~'construed .as. a ,.waiver. No
consent or approval of City shall be deemed to waive or render
unnecessary City's consent to or approval of any subsequent act of
Consultant. Any waiver by either party of any default must be in
writing and shall not be a waiver of any other default concerging
the same or any other Provision of this Agreement.
7.4 Riqhts and Remedies are Cumulative. Except with
respect to rights and remedies expressly declared to be exclusive
in this Agreement, the rights and remedies of the parties are
cumulative and the exercise by either party of one or-more of shch
rights or remedies shall not preclude the exercise by it, at the
same or different times,.of any other rights or remedies 'for the
same default or any other default by the other party.
·
7.5 Leqal'Action. In addition to any other rights or
~remedies, either party may take legal action, in law or in equity,
9 cure, correct or remedy any default,.to recover damages for any
~efault, to compel specific performance of this Agreement, to
obtain injunctive relief, a declaratory judgment or any other
remedy consistent 3ith the purposes of this Agreement.
7.6 Liquidated Damaqes. Since the determination of
actual damages for any delay in performance of this Agreement would
be extremely difficult or impractical to determine in the event of
a breach of this Agreement, the Consultant and its sureties shall
be liable for and shall pay to city the sum of
Dollars ($ ) as
~iquidated damages for each working day of delay in the performance
of. any service required hereunder. The City may withhold from any
monies payable on account ~of services performed by the Consultant
any accrued liquidated damages.
7.7 Termination Prior to Expiration of Term. The City
reserves the right to terminate this Agreement at any time, with or
without cause, upon.thirty (30) days written notice to Consultant,
except that wher~ termination is due to the fault of the Consultant
and constitutes an immediate danger to health, safety and general
welfare, the period of notice shall be such shorter time as may be
appropriate. Upon receipt of the notice of termination, Consultant
shall immediately cease all services hereunder except such as may
be specifically approved by the Contract officer. Consultant shall
..... be entitled to compensation for all services rendered prior to
receipt of the notice of termination and for any services
authorized by the Contract officer thereafter.
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7.8 Termination for Default of Consultant. If
termination is due to the failure of the ConsuLtant to fulfill its
obligations under this Agreement, City may take over the work and
prosecute the same to completion by contract or otherwise, and the
Consultant shall be liable to the extent that the total cost for
completion of the services required hereunder exceeds the
compensation'herein stipulat'ed, provided that the city shall use
reasonable eff-or~ts~to mitigate, damages, and~CitY may withhold any
payments to the Consultant for the purpose of set-off or partial
payment of the amounts'owed to City.
7.9 Attorneys Fees. If either party commences an
action against the other party arising out of or in connection with
this Agreement or it subject matter, the prevailing party shall be
entitled to recover reasonable attorneys' fees and costs of suit
from the losing party.
8. CITY OFFICERS AND EMPLOYEES; NON-DISCRIMINATION ~
8.1 Non-Liability of City Officers and 'Employees. No
officer or employee of City shall 'be personally liable., to the
Consultant, or any successor-in-interest, in the event of any
default or breach by the City or for any amount which may become
due to the Consultant or its successor, or for breach of any
obligation of the terms of this Agreement.
8.2 Covenant Aqainst Discrimination. Consultant
covenants that, b~ and for itself, its heirs,~ executors, assigns,
and all persons claiming under or throughthem, that there shall be
no discrimination or segregation in the performance of or in
connection with this Agreement regarding any person or group .of
persons on account of race, color, creed, religion, sex, marital
status, national origin, or ancestry. Consultant shall take
affirmative action to insure that applicants and employees are
treated without regard to their race, color, creed, religion, sex,
marital status, national origin, or ancestry.
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9. MISCELLANEOUS PROVISIONS
9.1 Notice. Any notice, demand, request, consent,
approval, or communication either party desires or is required to
give to the other party or any other person shall be in writing and
either served personally or sent by pre-paid, first-class-~ail'to
the address set forth below. Either party may change its address
by notifying the other party of the change of address in'writing.
Notice shall be deemed communicated forty-eight (48) hours from the
time of mailing if mailed as provided in this Section.
To city:
CITY OF TUSTIN
15222 Del Amo Avenue
Tustin, CA 92680 ·
Attention: Director of CommunityDevelopment.' ~
(Contract officer)
To Consultant:
BSI CONSULTANTS, Incorporated
16880 West Bernardo Drive
San Diego, CA 92127
Attention: Scott R. Fazekas
9.2 Inte~qrated Aqreement. This Agreement contains all
of the agreements of the parties and cannot be amended or modified
except by written agreement.
9.3 Amendment. This Agreement may be amended at any
time by the .mutual consent of the parties by an instrument in
writing. ~
· 9.4 Severability. In the event that any one or more
of. the phrases, sentences, clauses, paragraphs, or sections
contained in this Agreement shall be declared invalid or
unenforceable by valid judgment or decree of a Court of competent-
jurisdiction, such invalidity or unenforceability shall not affect
any of the remaining phrases, sentences, clauses, paragraphs, or
sections of this Agreement, which shall be interpreted to carry out
the intent of the parties hereunder. '
9.5 Corporate Authority. The persons executing this
Agreement on behalf of the parties hereto warrant that they are
duly authorized to execute this Agreement on behalf of said parties
and that by so executing this Agreement the parties hereto are
formally bound to the provisions of this Agreement.
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IN WITNESS WHEREOF, the parties have executed this Agreement'
as of the dates stated below.
Dated:'
APPROVED AS TO FORM:
"City" -.
. .
CITY OF TUSTIN~ a municipal
corporation
By:
Christine shingleton
Director of Community Development
James G. Rourke
City Attorney
"Consultant"
BSI CONSULTANTS, Incorporated
By:
Scott R. Fazekas,
Senior Vice President
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EXHIBIT "A"
PROPOSAL and SCOPE OF SERVICES
Attached hereto are:
1)
2)
Consultant's Proposal; and
Scope of Services
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Scope of Services
The following is the itemized scope of services which the
Consultant is expected to perform as a part of this Agreement.
Buildinq Plan Review
1.
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Review plans, calculations and specifications for compliance
with the most recently enacted rules and regulations of
federal, state and local governing authorities.
Included are:
a. Tustin city Code
Building Regulations
Fire Protection Regulations
b. California State Building Code.
(Title 24, parts 1-9, 12)
-.
Provide two copies of the plan check correction list for each
project reviewed. The list shall indicate all items needed to
be changed for the plans'to be in compliance with all rules
and regulations. Provide necessary communication With the
applicant to assure understanding of all correction items.
Provide necessary rechecks until the construction documents
are in compliance. The Consultant's plan review manager shall
sign a statement that plans approved by. the Consultant comply
with all requirements and standard englneering practice.
Attend meetings related to plan review at city Hall.
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Pick-up and deliver plans for review.
Provide a monthly plan check status re~ort to the City of all
assigned plans. .~
Upon completion of a building plan review, the Consultant
shall send a questionnaire to the applicant requesting
comments on the performaDce of the Consultant. copies of all
questionnaires returned shall be given to the City on a
monthly basis. The text of the questionnaire shall be
approved by the city within thirty (30) days of the execution
of this Agreement.
\
A copy of all plan check correction' sheets used in the
performance of services shall be submitted to the city within
five (5) working days of the execution of this Agreement for
comparison to state regulations and Tustin City Code.
Consultant shall amend their correction sheet(s) as necessary
to be consistent with City codes.
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Building Inspection
Provide ICBO Certified Building Inspectors to inspect
buildings and associated structures under construction for
compliance with approved plans and specifications. Inspectors
are responsibl~ for checking~_all phases of construction
including: -
a. Buil.ding
b. Mechanical
c. Plumbing
d. Electrical
e.
f.
Energy Conservation
Handicapped Accessibility
2. Provide accurate daily inspection sheets. Note all
discrepancies, cite code violations, and issue correction o~
' stop-work notices. ~
Gradinq and Infrastructure Plan Review
·
1. Review plans, specifications and calculations for compliance
with the most recently enacted rules and regulations of
federal, state and local governing authorities. Included are:
a. Tustin city Code,including
1. Construction Standards for Private Streets, Storm
Drains and On-site Private Improvements
2. Grading and Excavation Ordinance
3. Floodplain Management Ordinance
b. Orange County Environmental Management Agency
c. Federal Environmental Management Agency (FEMA) Floodplain
Management
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e
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Grading plan review shall include on-site grading, hydrology
and hydraulic calculations, drainage plans and erosion control
plans.
Provide two copies of the plan check correction list for each
project reviewed. Th~ list shall indicate all items needed to
be changed for the plans to be in compliance with all rules
and regulations. Provide necessary communication with the
applicant to assure understanding of all corrections items.
Provide~necessary rechecks until the plans are in compliance.
The Consultant's plan review manager shall sign a~statement
that plans approved by the Consultant comply with all
requirements, and standard engineering practice.
Attend meetings related to plan review at City Hall.
Pick-up and deliver plans fo~ review.
Provide a monthly plan check status report to the City of all
assigned plans.
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Upon completion of a grading or infrastructure plan review,
the Consultant shall send a questionnaire to the applicant
requesting comments on the performance of the Consultant.
copies of all questionnaires returned shall be given to the
city on a monthly basis. The text of the questionnaire shall
be approved by the City within thirty (30) days of the
executiOn of this Agreement. -
A copy of all'~pIan check correction ~sheets used in the
performance of services shall be submitted to the City within
five (5) working days of the execution of this Agreement for
comparison to state regulations and Tustin City Code.
Consultant shall amend their correction sheet(s) as.necessary
to be consistent with City codes.
Gradinq and Infrastructure Inspection
1. Provide inspectors qualified in grading and infrastructure
inspections.
2. Provide accurate daily inspection sheets. Note all
discrepancies, cite code violations, and issue correction or
stop-work notices.
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EXHIBIT "B"
SPECIAL REQUIREMENTS
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That Section 1.9 shall be added to read:
1.9 Conflict of Interest. In order to assure city that
Consultant is not subject to any conflict of interest,
consultant affirms that while Agreement is in effect, neither
Consultant nor any of its officers or employees.will accept
private work from or provide services for any company whose
project Consultan~ is plan checking or inspecting for City.
Consultant also affirms that while Agreement is in effect,
consultant shall not accept a project from City if the project
owner or applicant is a client of Consultant 'or its officers
or employees. If either City.of Consultant thinks there may
~e a conflict of interest involving any project, Consultant
shall immediately return plans or remove inspector from
project. In' the event of uncertainty about whether' a
potential conflict of interest exists, Consultant shall advise
Contract officer whose decision shall be final.
·
That Section 2.1 shall be revised to read:
2.1 Compensation of Consultant. For the services rendered
pursuant to this Agreement, Consultant shall be compensated in
accordance with the Schedule of Compensation attached hereto
as Exhibit "C".
That Section 2.3(B) shall be revised to read:
2.3 (B) To provide for services not included in this
Agreement which are within the expertise of the Consultant's
profession.
That Section 2.4 shall be revised to read:
2.4 Payment for Chanqes. Approved change orders shall be
compensated at an agreed upon rate and based on the Schedule
of Compensation or Consultant's Personnel Hourly Rates,
attached hereto as Exhibit "C".
That Section 7.6 L_i_quidated Damaqes, shall be deleted.
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EXHIBIT "C"
SCHEDULE OF COMPENSATION and PERSONNEL HOURLY RATES
Attached hereto are:
.1) Schedule of.Compensation; and
2) PerSonnel HoUrly Rates -
. .
SCHEDULE OF COMPENSATION
The following is the itemized schedule of compensation which the
Consultant shall be compensated for the scope of services as a part
of this Agreement. The Building Division Fee Schedule, as adopted
by City Council Resolution No. 87-138, is the basis for determining
the-.plan check fee collected by City.
Buildinq Plan Review
For standard plan review:
75% of the plan check fee collected by City (minimum $200.00).
For repetitive plan review, such as on tracts,
25% of the plan check fee collected by the City for each
building that is a duplicate. Included in the repetitive plan
review is construction observation of models units '.by
Consultant, to assist City inspectors in discovering and
eliminating deficiencies prior to. the start of production
units.
..
Included in the above fees are pick-up and delivery-of plans; a
weekly one-hour meeting with City; and, consultation on related
'--matters.
Buildinq Inspection
For an ICBO Certified Combination Building Inspector:
$55.00 per hour (4 hour minimum), plus on-the-job mileage of
$0.30 per mile.
Grading and Infrastructure Plan Review
For standard review of grading, drainage and erosion control
projects:
75% of the plan check fee collected by City.
For standard reView of infrastructure projects:
50% of the plan check fee collected by City.
Gradinq and Infrastructure Inspection
For a qualified grading or infrastructure inspector:
$55.00 per hour (4 hour minimum), plus on-the-job mileage of
$0.30 per mile.
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PERSONNEL HOURLY RATES
The Consultant's personnel hourly rates shall not change from the
attached schedule without approval from City.
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EXHIBIT "D"
SCHEDULE OF PERFORMANCE
·
Plan check services shall be performed within seven (7)
working days maximum to within fourteen (1'4) working days
maximum, depending on the complexity of the projectL The
actual project due date will be established by City for each
project before it is released to the Consultant. The time for
performance shall begin the same day a request for plan pick-
up is made-by City. Projects shall be picked-up within one
(1) working day of the request. Reviewed projects and their
correction sheets shall be returned to City for release to the
applicant within one (1) working day of completion, but o
later than the project due date. Rechecks shall be completed
within seven (7) working days maximum.
The pick-up and delivery of projects from and to'City shall'.be
at no additional expense to City.
e
If an applicant requests plan check issues be resolved in
person, an appointment shall be arranged for by the Consultant
within one (1) working day, shall include the applicant,
Consultant and City, and shall be held at City Hall. The
meeting shall beat no additional expense to the applicant nor
City.
·
Contract Officer reserves the right to request "fast tracking"
of a project. The project shall be reviewed by Consultant at
a faster than normal plan review schedule.
5.- '- Inspection services shall be performed.within one (1) working
day of notice, unless otherwise agreed to by Contract Officer.
·
For special service projects and reports, a Schedule of
Performance shall be agreed to by Consultant and City, and
shall be incorporated into this Agreement upon execution.
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