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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 \ 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 -3- 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. -4- 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 -5- 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 -6- 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. -7- 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. -8- 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. -9- 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 -10- EXHIBIT "A" PROPOSAL and SCOPE OF SERVICES Attached hereto are: 1) 2) Consultant's Proposal; and Scope of Services -11- 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. · · 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. · Se · 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. -12- 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 · e · · 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. -13- · . 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. -14- EXHIBIT "B" SPECIAL REQUIREMENTS ~ · ~ · 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. -15- 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. -17- PERSONNEL HOURLY RATES The Consultant's personnel hourly rates shall not change from the attached schedule without approval from City. -18- 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. -19-