HomeMy WebLinkAbout14 PLN CHK CONS EXT 05-16-94NO. 14
· ~ t; ~' k 5-16-94
DATE: I n t e r- C o m
TO: WILLIAM A. HUSTON, CITY MANAGER
FROM: COMMUNITY DEVELOPMENT DEPARTMENT
SUBJECT: EXTENSION OF PLAN CHECKING CONSULTANT CONTRACTS
RECOMMENDATION
It is recommended that the City Council authorize the City Manager
to execute an extension of the existing plan checking consultant
contracts with B.S.I. Consultants, Inc., Hunsaker & Associates,
Inc., and Melad & Associates for an additional one year period from
July 1, 1994 through June 30, 1995.
FISCAL IMPACT
Plan check.consultant costs are a budgeted expense contained in the
Building Division section of the..community Development Department
budget. Consultant services .are used on an as-needed basis.
Consultant fees are paid from a portion of the plan check fees
collected by the City when processing building plans.
BACKGROUND
In 1992, the Community Development Department completed an
extensive request for proposal (R.F.P.) process for plan check
services from consulting engineering firms. The plan check
services requested in the R.F.P. include the review of plans,
specifications, and calculations for grading, storm drains, street
construction, and building construction on private property. As a
result of the R.F.P. process, the firms Of G.P.S., Inc., B.S.I.
Consultants, Inc., Hunsaker & Assoc., Inc., Melad & Associates,
Inc., and Pacesetter Municipal Services, Inc. were selected and the
City entered into contracts with these same firms. Of these five
original firms, the firms of B.S.I. Consultants, Inc., Hunsaker &
Associates, and Melad and Associates are recommended for a one year
contract extension based upon satisfactory performance during this
past year. G.P.S., Inc. has dissolved as of January 1, 1994 and
therefore no contract extension is possible. Pacesetter Municipal
Services is located in Hesperia, California and this physical
distance from Tustin creates difficulty with the timely processing
of plan checks and the coordination of meetings. Therefore no
contract extension is recommended for Pacesetter Municipal
Services.
City Council Report
Extension of Plan Checking
Consultant Contracts
May 16, 1994
Page 2
The rates of compensation for the consulting firms are established
in the original contracts and are based upon 75% of the fees
collected by the City for plan checking. The contract extension
does not involve a change in the approved rates of compensation.
Section 9.3 of the existing contracts would provide the opportunity
for amendments to the contract at any time.
Attached you will find an example of a current plan check
consultant contract and a sample of the proposed contract
extension.
Rick Brown
Building Official
RB: CAS: kbc\consu [ t. ext
Christine A.
Assistant City Manager
SECOND AMENDMENT TO
CONSULTANT SERVICES AGREEMENT
This first Amendment ("Amendment") to the Consultant Services
Agreement (herein "Agreement") is made and entered into this
day of , 1994 by and between the City of Tustin,.
a municipal corporation ("City") and 1~ ("Consultant").
RECITALS
ao
Bo
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The city and Consultant entered into certain consultant
services agreement dated January 17, 1992, which provided for
certain consultant services to the CitY. These services
involve providing plan checking services.
The Consultant has performed the designated services in a
satisfactory manner within the terms~of the contract.
The City Council has authorized the City Manager to execute
an extension of the plan check consultant contract.
The City wishes to Continue to receive certain consultant
services from the Consultant.
The Consultant wishes to continue to provide certain
consultant services to the City.
AGREEMENT
Now, therefore, in consideration of the foregoing and other good
and valuable consideration, the City and the Consultant agree as
follows:
lo
AMENDMENTS: The City and the Consultant agree to the
following amendments to the terms of the Agreement:
A. Section 3.4 Term is hereby deleted in its entirety and
replaced with the following:
"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, 1995. Additionally, upon mutual
agreement by both parties, this contract may be extended for
additional periods of one year per contract extension."
Page two
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B Item No 3 of Exhibit "D" Schedule of Performance is
hereby amended by the addition of the following paragraph:
"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 workdays of the completion of the third
check and prior to the release of correction comments to the
applicant."
E~V~IRE AGREEMENT: This Amendment contains all of the
agreements of the parties hereto with respect to the matters
contained herein and no prior or contemporaneous agreement or
understanding, oral or written, pertaining to any such
matters shall be effective for any purpose. No provision of
this Amendment may be modified, amended, waived or added to
except by a~'writing signed~ by the party against which the
enforcement of such modification, amendment, waiver or'
addition is or may be sought. The parties hereto represent
and warrant, for the benefit· of each,other, that each has the
power and authority-to execute and"deliver this Amendment,
and that tO further consents .are requir~ed by any third
parties.
FULL FORCE AND EFFECT: Except as specifically modified or
supplemented by this Amendment, all terms and conditions of
the Consultant Services Agreement are hereby reaffirmed and
shall remain in full force and effect.
CAPTIONS: The captions or headings at the beginning of each
section are for the convenience of the parties only and are
not part of this Amendment.
GOVERNING LAW: This Amendment shall be governed by and
construed in aCcordance with the laws of the State of
California.
SEVERABILITY: Every provision of this Amendment is intended
to be severable. If any term or provision hereof is declared
by a court of competent jurisdiction to be illegal, invalid,
or unenforceable for any reason whatsoever, such illegality,
invalidity or unenforceability shall not affect the other
t~rms and provision hereof, which terms and provision shall
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remain binding and enforceable, and to the extent possible
all of such other provisions shall remain in full force and
effect.
Page three
IN WITNESS WHEREOF, the parties have executed this Agreement as of
the day and year first above written.
"City"
City of Tustin, A Municipal
Corporation
By:
CHRISTINE SHINGLETON
Assistant City Manager
Community DeVelopment Director
Approved as to form:
JAMES G. ROURKE
City Attorney
"Consultant"
.
By:
3-
-- RB:cntract2.amd: jk
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, ~ated
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
a~reements contained herein, City agrees to employ 9nd does hereby
-7-- onsultant and Consultant agrees to provide consulting
employ C
services as follows: "
1. SERVICES OF CONSULTANT
- -- -- ~ , ' r~j~ose
.... ~ .... ~4- ~eement- Consultant shall provide
ana conal=lon~ o~ ~o ~ '2 - ..... ~ .~--.~--.- attached-
(the.-services" or. the "work"). Consultant warrants that all
' services shall be performed in a competent, professional agd
satisfactory manner in accordance with all standards prevalent, an
·
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 inExhibit ,,A"and
the terms set forth in the main body of this Agreement, the terms
set forth'iht he main bod~ of this Agreement shall govern.
1.3 Compliance with Law. All 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 Permit~. Consultant ~hall obtain'a~
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
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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 m, ay
be caused by City's own negligence. : ·
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1.7 Additional ServiCes. Consultant shall perform
services in addition to those specified in the Proposal when
directed to do so by' the Contract Officer, provided that Consultant
shall not. be required to per. form' .any addit, ional services .wi. th0ut
compensation. Any additional compensation not exceeding~ ten
percent (10%)of the Contract s,,m must be approved in writing by
.the Contract Officer.. Any greater increase must be approved in
writing by the City Manager.'
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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. ~
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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
th~n 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 tothe 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.
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2.3 Chan e~te_~. In the event any change or change, s 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:
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A. ~evisions or modifications to
do ~ents or other work product or ~o~k--~h-~h--do~men~--o'r-other
work product 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. ,
· 9.. 4 ~ayment for Changes. Approved chang~ 6r.ders shal_l
be corn ensated at the perso~el hourly rates prescribed in ..E~. ibit
P . · a 1 to travel..tlme).
"C"' hereto (where applicable, rates shall pP Y
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
prescribed, herein shall be set ~-forth .within the final edition
thereof, ~n a separate section, in. a statement substantially as
·
follows:
Pursuant to California Government
Code Section 7550 the City of Tustin
expende~ the total amount of
$ 'for the
preparation of this ' report and/or
documents. ~
3. PERFORMANCE SCHEDULE
3.1 Time of ~ssence. 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 wr'iti~g by the c0htract' Officer.:
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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
without the fault or negligence of the Consultant, including, but
not restricted to, acts of God or of a public enemy, acts of the
government, f ires, earthquakes, floods, epidemic, quarantine
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r'estrictions, 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.
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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.
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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.
o
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· It is expressly understood that the experience~
knowledge, capability and reputation,o~the~foregoingPrincipal is
a substantial inducement for City to, enter into this Agreement.
Therefore, t~e foregoingprincipai shall be responsible during the
term of this Agreement for directing all activities of. Consultant
~nd devoting sufficien~ 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 writingbythe 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 meant he approval of the
Contract Officer.
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4.3 Prohibition. Aqainst Subcontractinq or Ass~qn~ent.
The experience,.knowledge,.capabilityand reputation of Consultant,
"its pri~cipals'and employees~ere a-substantial inducement for the
City to-enter into this-Agreement. .Thergfore, 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 Independent Consultant. Neither the City nor any
of its employees-Shall have any control over the manner, mode or
means by which 'C°nsultant, 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 of City and shall remain at all times as to
City a wholly independent consultant with only such obligations as
are consistent with that role. Consultant 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 ~hal~ procure a~d mai~ta~9,
_ · · ' ' d ro aamage Insurance u9
eement public 11abLllty .an .p ~ __ ro err
Agr - · -' - --=----~ ...... ~s~ persons or damages to p P
al ....... , .... ~or~ance under th~s Agreem .
resultln £rom consu~r~nu ~ F=~v~--... . ....
g_' .............. ~er~t comDensa=lon Insurance
~nsurance shall b p . . .
and shall, n6'tbecanoelable w~thoutthirty (30) days wr~tten notice-
· - ...... ~-~--. A certificate evidencing the
Clt of an ropose~canu~au~.. . . _
to y Y P . · · ' eU ~nsurea sna££
· Clt as anadditlonal nam ·
De .... =~=_ .~ ~ocur~.-of ~uch insurance and
the servlcesnereunuer- ~)9_~.- __--_~. · shall not
=_~= ..... -~ --~i-i~or oerc~zicates evidenclngthe ~a?? ....
~=~~.~' ~--Ti--i ,=_~~, Of Consultant's omllga=lon
ln~emnlzy.r~a= ~uz, ---r°n ........ m__ .~=~ include comprehensive
amount of insurance requlrea ner=~~
general .liability, personal injury and automobile liability with
limits of at least One Million Dollars ($1,000,O00)-combined single
l'.Lm%t occurrence and professional, liability coverage with
l~m~ts%%rat least Five Hundred Thousana..Doltars ($500,000).
5.2 indemnification. The Consultant shall defend,
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indemnify and hold harmless the City, 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. cbnsultant shall periodically prepare
and 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
e~aluate the performance of such services. The Contract ~fficer
shall have full and free access to such books and records at all
reasonable times, including the right to 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 ~greement shall
be the property of City and shall be delivered to City upon request
of'the Contract Officer or uponthe termination of this Agreement,
and Consultant shall have no claim for further, employment or
additional compensation as a result of theexercise by-City of ~s
full rights or ownership oft he 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.
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" 6~4 Release of Document~, Ail drawings,
specifications, reports, records, document~ and other materials
prepared by Consultant in the performance of services under this
A~reement shall not be released publicly without the prior written
approval of the Contract officer.
7~
'ENFORC~ 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 A. greement shall be instituted in the
Superior Court of the'County of Orange, State of California, or any
other appropriate court in' such county, and Consultant Covenants
and agrees to submit ~othe 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 ih~ured 'party shal~ continue performing its obligations
hereunder so long as the. injuring p~rty 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.
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7.3 Waiver. No delay or omission in the exercise of
any right o~ remedy of a non-defaulting party on any default shall
impair such right or remedy or' be construed as a. waiver. .No
consent or approval of City shall be deemed to waive or renaer_
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 concer.ning
the same or any other provision of this Agreement.
7.4 Rights and Remedies awe Cumulative_. Except with
respect 'to rights and remedies expressly declared-%o 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 s~ch
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 Legal'Action.. In add/tion to any other rights or
· to cure, correct or_ remea.y_any _~_e_z~a=u~___u._,llI ~ this AoT-eement, to
~e.{ in4unctive relier, a
..... n ' · · ' this
remedy consistent .w~th the purposes of gr
7.6 Liguidated Damaaes. 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
liquidated damages for each workin~ 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 where termination is due to the fault of the Consultant
and Constitutes an immediate danger to health, safety and ge.neral
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 ahd
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 stipulated, provided that the City shall use
reasonable efforts to mitigate damages, and. C~ty 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
~ction 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 t
8.1 Non-Liability of city officer~ and 'Employees. No
officer or employee of city shall ~e personally liable, to the
~onsultant, or any successor-in-interest, in the event of any
default or breach by the City or ~or any~amount which may become
due to the Consultant or its successor, or for breach of any
obligation of the terms of this Agreement. ~'
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8.2 Covenant Aqainst Discrimination. Consultant
covenants that, b~ and for itself, its heirs,.executors, assigns,
and all persons claiming'under or through them, 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 nail 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 thi~ Section.
To city:
·
CITY OF TUSTIN
15222 Del Amo Avenue
Tustin, CA 92680 ·
Attention: Director of Community D'evelopment~-
(Contract officer)
To Consultant:
BSI CONSULTANTS, Incorporated
16880 West Bernardo Drive
San Diego, CA .~ 92127.
Attention: Scott R. Fa~ekas
9.2 Inteqrated 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 ~Corp°rate AuthoritY. 'The' pe~s~ns executin~-~is
o
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 b~und 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, Incorpor. ated
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 -
o.
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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
2.
Review plans, calculations and specificatibns 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)
o.
Provide two copies of the plan check correction list for each
project reviewed. The li~t shall indicate all items needed to
be changed for the plans to be in compliance with all rules
and regulations. Provide necessary communication ~ith 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 engineering practice.
3. 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. ~
6.
Upon' completion of a building plan review, the Consultant
shall send a questionnaire to the applicant requesting
comments on the performaDceofthe 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) da~s of the execution
of this Agreement.
7. .A. copy .of all plan.' check correction' sheets used in the
performance of service~'shal~ be submitted to th~ City within
five (5) working, days of the execution of this Agreement for
comparison to state regulati6ns and Tustin City Code.
Consultant shall amend their correction sheet(s) as necessary
to be consistent with City codes.
-12-
Building Inspection,
--
lo
2.
stop-work notices.
Gradin and Infrastructure Plan Review
1.
·
·
.
.
Provide ICBO Certified Building Inspectors to inspect
buildings and associated structures under construction for
compliance with approved plans and specifications- Inspectors
are responsible for checking all phases of construction
including:
a. Building
b. Mechanical
c. Plumbing
'd. Electrical
e. Energy Conservation ....
f. Handicapped Accessibility
Provide accurate daily inspection sheets.
discrepancies, cite code violations,
NOte all
and issue correctio, n or.
Review plans, specifications and calculations for compliance
with the most recently enact, ed ~_ru3~_:~a~.~~ r%~~~.sa ~f
~^~~ ~tate and local governing auunu~~- - r
~~~t~n city Code,including ~'. ......
Drains a~d On-site.Priva:e improvemen~
2. Grading and ~xcavation Ordinance
3. FloodplainManage~ent Ordinance
b. Orange county ~nviron~ental Management Agency
c. Fede~al~nviron~en~al Management Agency(F~) Floodplain
Management
G~ading plan review shall include on-site grading, hydrology
and hydraulic calculations, drainage plans and erosion control
plans.
Provide t~o copie~ or,he plan check correction list for each
project reviewed. ~h~ list shall indicate.all items needed to
be changed for the plans ~o be in compliance ~ith all rules
and regulations. Provide necessar~ co~unication ~ith the
applicant to assure understanding of all corrections items.
Provide 'necessary rechecks until~he plans are'in compliance.
The Consultant~s plan review manager shall sign a statement
that plans approved by the Consultant comply ~ith all
'requirements and standard engineering practice.
~tend meetings related to plan revie~ at city Hall.
Pick-up and deliver plans for review.
Provide a monthly plan check status report to the city of all
assigned plans.
--13--
o
e
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 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 amendtheir correction sheet(s) as.necessary
to be consistent with City codes.
Grading and Infrastructure Inspection
1.
Provide inspectors qualified in grading and ~.nfrastruct~re
inspections.
Provide accurate daily inspection sheets. Note all
discrepancies, cite code violations, and issue corr~tion or
stop-work notices.
-14-
EXHIBIT "B"
SPECIAL REQUIREMENTS
2.
~
~
~
That Section 1.9 shall be added to read:
1.9 Conflict of Interest. In order to assure ci.tY 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 Consultant is plan checking or inspecting for City.
consultant also a~firms 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 officer, s
or employees. If either City of Consultant thinks there may
be a conflict of interest involving any project, Consultant
shall immediately return- plans or remove inspector 'f~om
project. In' the event of uncertainty about whether' a
potential conflict of interest exist-s, Consultant shall advise
Contract officer whose decision shall be final.
o..
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 Exh~it "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~iquidated DamaGes, shall be deleted-
-15-
EXHIBIT "C"
SCHEDULE OF COMPENSATION and PERSONNEL HOURLY RATES
Attached hereto are:
1)
2)
Schedule of.Compensation; and
Personnel Hourly Rates -
-16-
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.
Building. 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 ea~
building that is a duplicate. Included in the repetitive plan
review is construction observation of mode~s units '.by
Consultant,. to assist City inspectors in discovering and
eliminating deficiencies prior to the start of production
units. ..
· .
Included in the above fees ~r~ pick-up and delivery-of plans; a
weekly one-hour meeting with City; and, ,~onsultation on related
matters ~
Buildinq Inspection
For an ICBO Certified Combination Building Inspector:
$55.00 Iper hour (4 hour minimum), plus on-the-job mileage of
$ 0.30 per mile.
Gradinq 'and Infrastructure Plan Review
For standard review of grading, drainage and erosion control
pro j ects:
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?t-.he-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.
-18-
· ·
EXHIBIT "D"
SCHEDULE OF PERFORMANCE
3~
o
Plan check services shall be performed within seven (7)
working days maximum to within fourteen (14) working days
maximum, depending on the complexity of the project-. The
actual project due date will be established ~Y 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
working day ~f the request- Reviewed projects and their
~(~oke~o~ 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 C~ty shall'.be
at no additional expense to City.
~ .... ' --' =f ..... ~-~-- ~=-, ~hall include ~e applicant,
· Co~ult~t and City, an~ saa~ m= --~ at C~t~ .
meeting shall be at no addition~ e~ense to ~e applicant nor
Con~act officer rese~es ~e right to re,est "fast tracking"
of a project. The project shall be reviewed by Consultant at
a faster ~an no~al plan review schedule.
5.': '- I~pection se~ices shall ~ ~fo~ed-wi~in one (1) working
day of notice, .unless othe~ise agreed to by Contract officer.
6. For special se~ice projec~ and repo~s, a Schedule of
p~fo~ance shall be a~eed to by Consult~t and City, and
shall be inco~orated into ~is A~eement upon execution.
-19-