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HomeMy WebLinkAbout11 PROF PLAN REVIEW 09-05-95AGEI DA )ATE: SEbTEMBER 5, 1995 NO. 11 Cl' '"' ; ' " Inter-Com TO: WILLIAM A. HUSTON, CITY MANAGER FROM: COM/4ITNITY DEVELOPMENT DEPARTMENT. SUBJEC~ AUTHORIZATION FOR PROFESSIONAL BUILDING PLAN REVIEW AND INSPECTION SERVICES, GRADING AND INFRASTRUCTURE PLAN REVIEW RECOMMENDATION It is recommended that the City Council approve the agreements with the companies of Esgil Corporation, Hunsaker & Associates Irvine, Melad & Associates, Willdan Associates, Berryman & Henigar Inc., and Adam Streeter Civil Engineers, Inc. and authorize the Assistant City Manager to execute said agreements subject to final approval of the contracts by the City Attorney's office. FISCAL IMPACT Consultant services for plan checking and inspections are utilized' by the Community Development Department on an as needed basis. The consultant's fee is paid from fees collected bY the City for either plan check or inspections The consultant's fee is a percentaqe of the fee collected by the ~ity with the remaining portion of th~ fee used to cover administrative and overhead costs of the City. Therefore, the cost of consultant services are fully paid by the project applicant. BACKGROUND AND DISCUSSION The City's Community Development Department operations require the continued use of contract plan check and inspection services in order to provide building safety services in a timely and efficient manner. The on-going development in Tustin Ranch along with the anticiPated activity in the Pacific Center East Specific Plan area and MCAS Tustin will continue the need for specialized services into the foreseeable future. The contracted services include plan review of buildings, grading, infrastructure and landscaping and specialized inspection services. The Building Division of Community Development Department operates with a small staff, sufficient in size to handle routine building activity in the City, while maintaining a high level of customer service.for the Community. City Council Report Authorization for Building Dept. Consult'ant Agreements September 5, 1995 Page 2 The on-going development in Tustin Ranch and the future development in the Pacific Center East Specific Plan area and MCAS Tustin will require continued consultant support to the Building DivisiOn. The 1995-1996 City budget proposes a $200,000 line item for consultant plan.check services. In May of 1995, the Community Development Department sent request for proposals for plan check and inspection services to twelve firms. Six firms responded with proposals. Each proposal was evaluated by Community Development Department staff. The evaluation criteria included knowledge of federal, state and local codes, ability to perform within the City's plan review and inspection schedules, scope of services that are proposed, experience of the firm, the qualifications of the responsible person, the potential for conflicts based on existing private clients a firm might have and the proposed fee schedule. Where applicable, past performance with the City of Tustin was also considered. Summary information on the cost of such service is provided in Attachment A. Based upon the above criteria, the following firms have been determined to be most qualified t6 provide services for each category: BUILDING PLAN REVIEW AND INSPECTIONS 1) 2) 3) 4) Melad & Associates Berryman & Henigar Willdan & Associates Esgil Corporation GRADING AND INFRASTRUCTURE PLAN REVIEW AND INSPECTIONS 1) 2) 3) 4) 5) Berryman & Henigar Hunsaker & Associates Irvine Willdan & Associates Melad & Associates Adam Streeter Civil Engineers, Inc. LANDSCAPE PLAN REVIEW 1) 2) Melad & Associates Willdan Associates City Council Report Authorization for Building Dept. Consultant Agreements September 5, 1995 Page 3 There are several reasons for entering into multiple agreements for the same category of service. It provides the flexibility to match a consultant's expertise to a unique project, to assign projects in a manner that will ensure plan check time commitments can be met, to accommodate multiple project submittals, and to encourage competitiveness in performance and fees. The City does not incur any additional costs by having multiple agreements. Draft professional service contract agreements with each of the above firms are attached. All service costs are recoverable and are designed as a percentage of the City's collected plan check fees leaving adequate coverage for the City's administrative cost of providing services. Christine A~ Assistant City Manager Rick Brown Building Official RB: j ks: kbm\cc report \prof serv. mem Attachment: Consultant Fees ATTACltMENT "A" CONSULTANT FEES The following schedule indicates the consultant's fees for the various services to be provided. Fees are shown as a percentage of the fee collected by the Community Development Department or as an hourly rate where appli- cable. FIRM BUILDING BUILDING GRADING/ GRADING/ LANDSCAPE PLAN PLAN IMPROVElvlENT IMPROVEMENT PLAN CHECK CHECK CHECK PLAN CHECK PLAN CHECK Melad & Associates 70% $35.00 HR $50.00 HR N.A. $40.00 HR Berryman Henigar 70% $35.00 HR 60% $55.00 HR N.A. Wildan Associates 70% $63.00 HR 70% $63.00 HR $76.00 HR Esgit 70% N.A. N.A. N.A. N.A. Hunsaker & Associates N.A. N.A. 70% $76.00 HR N.A. Adams/Streeter Inc. N.A. N.A. 40% $75.00 HR N.A. 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 BERRYMAN & HENIGAR ( "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 June 27, 1995, 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 and 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 may 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 by the Contract Officer, provided that 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 Changes. 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. To provide for revisions or modifications to documents or other work product or work when documents or 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. 2.4 Payment for Chanqes. Approved change orders shall 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 prescribed herein shall be set forth within the final edition thereof, 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. 3. PERFORMANCE SCHEDULE 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. 3.2 Schedule of Performance. Ail 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 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, fires, earthquakes, floods, epidemic, quarantine 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 fhereupon 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. beyond June 30, 1998. Additionally, upon mutual agreement by both parties, this contract may be extended for additional periods of one year per contract extension. 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 make all decisions in connection therewith: Scott Fazekas, A.I.A. 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 during the 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 Development of City unless otherwise designated in writing by the City Manager of City. It shall be the 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 Subcontractinq o~ ASsiqnment. The experience, 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 l~w, without the prior written approval of City. 4.4 Independent Consultant. Neither the City nor any of its e~ployees ~hall 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 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 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. Consultant shall maintain in full force and effect during the term of the contract, policies of comprhensive general liability, personal injury, and liability insurance with limits of at least $1,000,000 combined single limit coverage per occurrence, and professiOnal liability insurance with limits of at least $500,000 combined single limit coverage per claim or per occurrence for which a certificate of insurance or endorsements will be delivered in a form satisfactory to the City prior to implementation of any agreement for providing services. If the consultant provides claims made professional liability insurance, consultant shall also agree in writing either (1) to purchase tail insurance in the amount required by this agreement to cover claims made within three years of completion of the consultant's services under this agreement, or (2) to maintain professional liability insurance coverage with the same carrier in the amount required by this agreement for at least three years after completion of consultant's services under this agreement. The consultant shall provide evidence to the city of the purchase of the required tail insurance or continuation of the professional liability policy. 5.2 Indemnification. The Consultant shall defend, 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 emp~oyees~ 6. RECORDS AND REPORTS 6.1 Reports. Consultant shall periodically prepare and submit to the Contract Officer such reports .concerning the 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 to inspect, copy, audit and make records and transcripts from such records. 6.3 Ownership of Documents. Ail 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 its 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 concepts 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 Agreement 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 Cali'fornia. Legal actions concerning any 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 in 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 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 right 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 concerning 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 such 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, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain ~injunctive ~relief, a declaratory judgment or any other remedy consistent with 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 liquidated 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 where 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. 7.8 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 stipulated, provided that the City shall use reasonable efforts 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, by 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. 9. MISCELLANEOUS PROVISIONS o 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 mail 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 300 Centennial Way Tustin, CA 92680 Attention: Director of Community Development (Contract Officer) To Consultant: Berryman & Henigar 11590 W. Bernardo Court, Suite 100 San Diego, CA 92127 Attention: Scott Fazekas, A.I.A. Senior Vice President 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 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. IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. "City" Dated: .CITY OF TUSTIN, a municipal corporation APPROVED AS TO FORM: Lois ~effrey ~ City ~ttorney By: Christine Shingleton Director of Community Development "Consultant" Berryman & Henigar By: Scott Fazekas, A.I.A. Senior Vice President 10 EXHIBIT "A" PROPOSAL and SCOPE OF SERVICES Attached hereto are: 1) 2) Consultant's Proposal; and Scope of Services · . . SCOPE OF SERVICES The following is the itemized scope of services which the consultant is expected to perform as a part of this Agreement. BUILDING PLA/~ REVIEW 1. Review plans, calculations, and specifications for compliance with the most recently enacted rules and regulations as adopted by the Federal, State, and local legislative bodies. Included are: Uniform Building Code Uniform Administrative Code Uniform Plumbing Code Uniform Mechanical Code Uniform Electric Code Uniform Building Security Code Uniform Pool, Spa and Hot Tub Code Uniform Code for Building Conservation'. California Energy Commission Regulations California Disabled Access Regulations City of Tustin Landscape Improvement Standards City of Tustin Floodplain Management Ordinance Tustin City Code o o 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 engineering practice. Attend meetings related to plan review at City Hall. 4. Pick-up and deliver plans for review. Provide a monthly plan check status report to the City of all assigned plans. o. Upon completion of a building 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. o 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 correct'ion sheet(s) as necessary to be consistent with City codes. Buildinq Unspection .. f. 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. Buildin9 b. Mechanical c. Plumbin9 d. Electrical e. Energy Conservation Handicapped Accessibility · Provide accurate daily inspection sheets. Note all discrepancies, cite code violations, and issue correction or stop-work notices. - Scope of Services The following is the itemized scope of services which the Consultant is expected to perform as a part of this Agreement. Gradinq and Infrastructure Plan'Review -. · Review plans, specifications and calculations for the most recently enacted rules and regulations as adopted by the federal, state and local legislative bodies. Included are: Uniform Building Code Uniform Administative Code California Disabled Access Regulatons - Title 24 City of Tustin Grading Ordinance City of Tustin Grading Manual City of Tustin Private Improvement Standards City of Tustin Floodplain Management Ordinance City of Tustin Conditions of Approval "Green Book" standard specifications for public works construction Standard Engineering Practices o 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.' The list shall indicate all items needed to be changed for the plans to be in compliance with all rules and regulations. Provide necessary connnunication 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. 4. Attend meetings related to plan review at City Hall. · o Pick-up and deliver plans for review. Provide a monthly plan check status report to the City of all assigned'plans. o 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. o 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 Cit}~ Code. Consultant shall amend their correction sheet (s) as necessary .to be consistent with City codes. Grading and Infrastructure Inspection Provide inspectors qualified in grading and infrastructure inspections. · · . Provide accurate daily inspection sheets. Note all discrepancies, cite code violations, and issue correction or stop-work notices. . . · o 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 consul'tant 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 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 be 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 Changes. 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 Liquidated Damages, shall be deleted. EXHIBIT "C" ~ SCHEDULE OF COMPENSATION and PERSONNEL HOURLY RATES o. Attached hereto are: 1) 2) Schedule of Compensation; and Personnel Hourly Rates . PERSONNEL HOURLY RATES The Consultant's personnel hourly rates shall not change from the attached schedule without approval from City. SERVICES: I. PLAN CHECKING a) · o Complete plan check of all types of building plans and related structures for building permit. All plan checking will be performed by the undersigned and his employees and associated consultants..to ensure full compliance with all City adopted codes (building, electrical, plumbing, mechanical), including State and Federal Regulations related to building construction. COMPENSATION: City may elect to compensate MELAD AND ASSOCIATES an amount equal to 70% of the plan check fee established by the City or at an hourly rate o6 $45.00. Exception for repetitive plan check: 70% for model .plans and 15% for repetitive plans. Included on repetitive plan check is construction observation .for models only, to assist City Inspectors in discovering and eliminating any deficiencies and/or clarifications on approved plans prior to start of production. NOTE: Plans must be complete (architectural, structural, T-24, mechanical, plumbing and electrical) when submitting for plan check. Otherwise additional plan check fee, agreeable with the City will be charged for late submittal. b) Architectural Plan Check only: To review architectural plans under the Uniforma Building Code and other City adopted ordinances. COMPENSATION: Will be. an amount equal to 25% of the plan check fee established by the City or an hourly rate of $40.00. c) Structural plan check only: To review structural plans and calculations under the Uniform Building Code provisions and standard engineering practice. COMPENSATION: Will be an amount equal to 45% of the plan check fee established by the City or an hourly rate of $40.00. d) State Energy Requlations~ Title 24 of the State A~ministrative ~ode: Complete plan check on building envelope, HVAC system and lighting system. · . COMPENSATION: Will be an amount equal to 25% of the Building plan check fee established by the City or an hourly rate of $50.00. e) Electrical including any required'' T-24 (Energy Conservation) documentation for lighting: To review electrical plans and other related documents under National Electrical Code and other City adopted ordinances. COMPENSATION: Will be an amount equal to 15% of the Building plan check fee established by the City or an hourly rate of $40.00. f) Mechanical including any required T-24 (Energy Conservation) documentations for HVAC: To review mechanical plans and other related documents under Uniform Mechanical Code and other City adopted ordinances. COMPENSATION: Will be an amount equal to 15% of the Building plan check fee established by the City or an hourly rate of $40.00. g) Plumbing: To review plumbing plans and other relat'ed documents under Uniform Plumbing Code and other City ordinances. h) COMPENSATION: Will be an amount equal to 15% of the Building plan check fee established by the City or an hourly rate of $40.00. Grading plan check: To review grading and other related civil engineering work. COMPENSATION:. $50.00 per hour. i) Landscaping and Irrigation plan check: To review landscaping and irrigation per city standards. COMPENSATION: $40..00 per hour. Checking time will be five (5) working days minimum to fifteen (15) working days maximum, depending on the size and complexity of the project. Rechecks will be completed in one (1) to seven (7) working days. Fast track will be accommodated per City's request including checking times. Included with the above services, with no additional cost to the City, is pick-up and delivery of plans on an as needed basis, a weekly one-hour minimum meeting in the City, and consultation on related matters. II. BUILDING INSPECTIONS: Provide general building inspection services during the entire course of construction. In performance of this duty, we will promptly provide qualified and certified· combination inspectors to review the various stages of construction, including required related State and Federal Regulations, and shall minimize or eliminate delays to builders on account of such inspection requirements. COMPENSATION: Will be an hourly rate of $35.00 with four hours minimum plus mileage at the °rate of $.30 per mile if the City does not provide transportation. EXHIBIT "D" SCHEDULE OF PERFORMANCE . o · . · 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 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. 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 be at 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 InsPection services shall be performed within three (3) working days 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. For plan checks requiring more than the initial check and two re-checks 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 with one (1) workday of the completion of the 3rd plan check and prior to release of any corrections to the applicant. - CONSULTANT SERVICES AGREEMENT · , This Agreement for Contra6t Services (herein "Agreement"), is made and entered into by and between the CITY OF TUSTIN, a municipal corporation ("City"), and ADAMS STREETER CIVIL ENGINEERS, INC. ("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 June 29, 1995, 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 p~emises 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 and 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 s~t 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 investigate~ 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 may 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 by the Contract Officer, provided that 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- 2.3 Chanqes. 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. To prOvide for revisions or modifications to documents or other work product or work when documents or 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. 2.4 Payment for Chanqes. Approved change orders shall 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 prescribed herein shall be set forth within the final edition thereof, 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. 3. pERFORMANCE SCHEDULE 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. 3.2 Schedule of Performance. Ail 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 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, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, and unusuall~ severe weather' if the Consultant shall within ten (10) days of the commencement 6f such condition notify the Contract Officer who shall thereupon ascertain the~facts and the extent of anYnecessary 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 beyond June 30, 1998. Additionally, upon mutual agreement by both parties, this contract may be extended for additional periods of one year per contract extension. 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 make all decisions in connection therewith: Randal L. Streeter, P.E. 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 during the 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 Development of City unless otherwise designated in-writing by the City Manager of City. It shall be the 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. The experience, 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 -4- 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 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 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 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. COnsultant shall maintain in full force and effect during the term of the contract, policies of comprhensive general liability, personal injury, and liability insurance with limits of at least $1,000,000 combined single limit coverage per occurrence, and.professional liability insurance with limits of at least $500,000 combined single limit coverage per claim or per occurrence for which a certificate of insurance or endorsements will be delivered in a' form satisfactory to the City prior to implementation of any agreement for providing services. If the consultant provides claims made professional liability insurance, consultant shall also agree in writing either (1) to purchase tail insurance in the amount required by this agreement to cover claims made within three years of completion of the consultant's services under this agreement, or (2) to maintain professional liability insurance coverage With the same carrier in the amount required by this agreement for at least three years after completion of consultant's services under this agreement. The consultant shall provide evidence to the city of the purchase of the required tail insurance or continuation of the professional liability policy. 5.2 Indemnification. The Consultant shall defend, 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, -5- employees and agents, arising out of or related to Consultant's performance hnder 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 and submit to the Contract Officer such reports concerning the 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 to inspect, copy, audit and 'make records and transcripts from such records. 6.3 Ownership of Documents. Ail 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 its 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 concepts 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 Agreement 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 any 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 in 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 -6- 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 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 right 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 concerning 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 such 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, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain injunctive relief, a declaratory judgment or any other remedy consistent with 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 liquidated 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, -7- except thaq where 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. 7.8 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 stipulated, provided that the City shall use reasonable efforts 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, by 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 ancest~f. 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 mail 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 300 Centennial Way Tustin, CA 92680 Attention: Director of Community Development (Contract Officer) To Consultant: Adams Streeter Civil Engineers, Inc. 15 Corporate Park Irvine, CA 92714 Attention: Randal L. Streeter, P.E. Vice President 9.2 %nteqrated 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. ' ~.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. IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. Dated: APPROVED AS TO FORM: City 'Attorney "City" CITY OF TuSTIN, a municipal corporation By: Christine Shingleton Director of Community Development "Consultant" Adams Streeter Civil Engineers, Inc. By: Randal L. Streeter, P.E. Vice President -10- EXHIBIT "A" PROPOSAL and SCOPE OF SERVICES Attached hereto are: 1) 2) Consultant's Proposal; and Scope of Services Scope of Services The following is the itemized scope of services which the Consultant is expected to perform as a part of this Agreement. Gradinq and Infrastructure Plan Review ReView plans, specifications and calculations for the most recently enacted rules and regulations as adopted by the federal, state and local legislative' bodies. Included are: Uniform Building Code Uniform Administative Code California Disabled Access Regulatons - Title 24 City of Tustin Grading Ordinance City of Tustin Grading Manual City of Tustin Private Improvement Standards City of Tustin Floodplain Management Ordinance City of Tustin Conditions of Approval "Green Book" standard specifications for public works construction Standard Engineering Practices . 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. The list shal~ 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. 4. Attend meetings related to plan review at City Hall. 5. Pick-up and deliver plans for review. o Provide a monthly plan check status report to the City of all assigned plans. o ~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. o 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. Gradinq and Infrastructure Inspection Provide inspectors qualified in grading and infrastructure inspections. ~ Provide accurate daily inspection sheets. Note all discrepancies, cite code violations, and issue correction or stop-work notices. EXHIBIT "B" SPECIAL REQUIREMENTS . o · · 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 Consultant 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 be 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 Liquidated Damaaes, shall be deleted. EXHIBIT "C" SCHEDULE OF COMPENSATION and PERSONNEL HOURLY RATES Attached hereto are: 1) 2) Schedule of Compensation; and Personnel Hourly Rates SECTION 6 GRADING AND PRIVATE IMPROVEMENT PLAN CHECK AND INSPECTION PROPOSED CONSULTANT COMPENSATION CATEGORY CONSULTANT ' S SHARE (%) ' Rough Grade Plans 40% Precise Grade Plans 26% 30% Private Improvements (Streets, Storm Drains, Hydrology, Parking Lots, etc.) Private Improvements (Hourly Rate) Inspection Services (Hourly Rate) HOURLY RATE $75/Hour $65/Hour *NOTE: Consultant's Compensation Percentage and Hourly Rate, as proposed herein, is negotiable upon request. "Consultant's Share (%) "is percentage of plan check fee is charged by the City of Tustin, based on Tustin's Fee Schedule (Exhibit "H"). "Hourly Rate" for private improvements is Consultant's rate for additional plan checks beyond City's initial check and two rechecks. "Hourly Rate" for inspection services is Consultant's rate for inspection services. EXHIBIT "D" SCHEDULE OF PERFORMANCE . · . · o · 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 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. 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 be at 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. Inspection services shall be performed within three (3) working days of notice, unless otherwise agreed to by Contract Officer. For ~pecial 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. For plan checks requiring more than the initial check and two re-checks for approval, the Consultant shall meet with the Building 0fficial for the purpose of examination of unresolved issues prior to authorization for any additional plan checks. This meeting shall be scheduled by the consultant with one (1) workday of the completion of the 3rd plan check and prior to release of any corrections to the applicant. EXHIBIT "D" SCHEDULE OF PERFORMANCE 1. . . e . . . Plan check services shall be performed within seven (7) working days maximum to within fourteen (I 4) working days maximum, depending on the complexity of the project. 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 (I) 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. 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 be at 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. Inspection services shall be performed within three (3) working days of notice, unless otherwise agreed to by Contract Officer. For special service projects and repons, a Schedule of Performance shall be agreed to by Co~.u_ltant and City, and shall be incorporated into this Agreement upon execution. For plan checks requiring more than the initial check and two re-checks 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 with one (1) workday of the completion of the 3rd plan check and prior to release of any corrections to the applicant. ~ :' . 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 HUNSAKER & ASSOCIATES IRVINE, INC. ("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 'June 28, 1995, 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 cont'ained 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 and 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 incons'istency 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 may 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 by the Contract Officer, provided that 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 Chanqes. 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. To provide for revisions or modifications to documents or other work product or work when documents or 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. 2.4 Payment for Chanqes. Approved change orders shall 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 prescribed herein shall be set forth within the final edition thereof, 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. 3. PERFORMANCE SCHEDULE 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. 3.2 Schedule of Performance. Ail 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 without the fault or negligence of the Consultant, including, but not restricted to, acts of God or of a public enemy, acts of the goverDment,' fires, earthquakes, floods, epidemic, quarantine 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 beyond June 30, 1998. Additionally, upon mutual agreement by both parties, this contract may be extended for additional periods of one-year per contract extension. 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 make all decisions in connection therewith: Neil D. Morrison, P.E. 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 during the 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 Development of City unless otherwise designated in writing by the City Manager of City. It shall be the 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 Aqainst Subcontractinq or Assiqnment. The experience,.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 -4- 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 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 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 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. Consultant shall maintain in full force and effect during the term of the contract, policies of comprhensive general liability, personal injury, and liability insurance with limits of at least $1,000,000 combined single limit coverage per occurrence, and professional liability insurance with limits of at least $500,000 combined single limit coverage per claim or per occurrence for which a certificate of insurance or endorsements will be delivered in a form satisfactory to the City prior to implementation of any agreement for providing services. If the consultant'provides claims made professional liability insurance, consultant shall also agree in writing either (1) to purchase tail insurance in the amount required by this agreement to cover claims made within three years of .~ompletion of the consultant's services under this agreement, or (2) to maintain professional liability insurance coverage with the same carrier in the amount required by this agreement for at least three years after completion of consultant's services under this agreement. The consultant shall provide evidence to the city of the purchase of the required tail insurance or continuation of the professional liability policy. 5.2 Indemnification. The Consultant 'shall defend, 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, -5- 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 and submit to the Contract Officer such reports concerning the 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 to inspect, copy, audit and make records and transcriPts from such records. 6.3' Ownership of Documents. Ail 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 its 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 concepts 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 Agreement 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 any 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 in 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 s© 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 provisioqs 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 right 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 musk be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 7.4 Rights 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 such 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 addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to_compel specific performance of this Agreement, to obtain injunctive relief, a declaratory judgment or any other remedy consistent with the purposes of this Agreement. 7.6 Liquidated Damages. 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 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, -7- except that where 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. 7.8 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 stipulated, provided that the City shall use reasonable efforts 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. I~'~.2 Covenant Aqainst Discrimination. Consultant covenants that, by 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. 9. MISCELLANEOUS PROVISIONS o 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 mail 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 (4.8) hours from the time of mailing if mailed as provided in this Section. To City: CITY OF TUSTIN 300 Centennial Way Tustin, CA 92680 Attention: Director of Community Development (Contract Officer) To Consultant: Hunsaker & Associates Irvine, Inc. Three HUghes Irvine, CA 92718 Attention: Neil D. Morrison, P.E., Project Manager 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 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: Lois ~ffrey ~ City ~ttorney ~ "City" CITY OF TUSTIN, a municipal corporation By: Christine Shingleton Director of Community Development "Consultant" Hunsaker & Associates Irvine,~ Inc. By: Neil D. Morrison, P.E. Project Manager EXHIBIT "A" o PROPOSAL and SCOPE OF SERVICES · . Attached hereto are: 1) Consultant's Proposal; and 2) 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. Gradinq and Infrastructure Plan Review · . Revie~ plans, specifications and calculations for the most recently enacted rules and regulations as adopted by the federal, State and local legislative bodies. Included are: Uniform Building Code Uniform Administative Code California Disabled Access Regulatons - Title 24 City of Tustin Grading Ordinance City of Tustin Grading Manual City of Tustin Private Improvement Standards City of Tustin Floodplain Management Ordinance City of Tustin Conditions of Approval "Green Book" standard specifications for public wOrks construction Standard Engineering Practices o · 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. 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 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. 4. Attend meetings related to plan review at City Hall. 5. Pick-up and deliver plans for review. . Provide a monthly plan check status report to the City of all assigned plans. o 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 _Dxecution 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. Gradinq and Infrastructure Inspection Provide inspectors qualified in grading and infrastructure inspections. · Provide accurate daily inspection Sheets. Note all discrepancies, cite code violations, and issue correction or. stop-work notices. · · · o 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 Consultant 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 be 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'~%ction 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 biquidated Damaqes, shall be deleted. EXHIBIT "C" SCHEDULE OF COMPENSATION and PERSONNEL HOURLY RATES · . Attached hereto are: 1) Schedule of Compensation; and 2) Personnel Hourly Rates PERSONNEL HOURLY RATES The Consultant's personnel hourly rates shall not change from the attached schedule without approval from City. .. A. Plan Checking ' -vices of Grading ap' Infrastructure Improvement Plans 1. Less than 5 acres ..................................... 70% of Fee Collected o 2. 5 to 25 Acres ......................................... 70% of Fee Collected · .. 3. 26 Acres + $76 Per Hour 4. Additional Plan Checks in excess of first 3 Checks .... · . .$76 Per Hour 5. Additional Plan Checks for Changes, Revisions or Additions to Previously-Approved Plans ................ $76 Per Hour 6. Plan check outside Normal Business Hours for "Fast Tracking" (must be approved by Director of Community Development) · $95 Per Hour Be 1. Collected 2. Collected 3. Collected 4. Collected Inspection Services for Grading & Infrastructure Improvements Rough Grading ~ 70% of Fee Precise Grading ............................. 70% of Fee New Construction - Infrastructure .......... 70% of Fee Existing Repair of Improvements ............ 70% of Fee Co Hourly ka res As discussed in the Section I "General" of this Statement of Qualifications, H&A likes to keep things simple. Therefore, we have only one office billing rate and 3 field billing rates. They are: Hour Per Hour Per Hour Standard Office Rate ............................. $76.Per Standard Field Rates: Two-Man Crew ............................ Three-Man Crew .......................... $148 $184 Per Hour GPS Survey .............................. 5325 We want you to note that these rates do not change based upon who may be working on the project. EXHIBIT. "D" SCHEDULE OF PERFORMANCE 1. . 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 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. 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 be at 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. Inspection-services shall be-performed within three (3) working days of notice, unless otherwise agreed to' by Contract Officer. For special service projects and reports, a Schedule of Performance shall be agreed to by Co~m~ultant and City, and shall be incorporated into this Agreement upon execution. · For plan checks requiring more than the initial check and two re-checks 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 with one (1) workday Of the completion of the 3rd plan check and prior to release of any corrections to the applicant. - 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 ESGIL CORPORATION (" Consultant" ) . WHEREAS, Consultant is qualified to provide the necessary services and has agreed to provide such services; and WHE~, Consultant has submitted to City a proposal, dated June 27, lt9h9~5s, a copy of which is attached hereto as Exhibit "A", and is by ' 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 and 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 gompliance 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 -1- investigated and considered the work to be performed, (b) has investigated the site of the work and become fully acquainted wit'h 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 s-hall 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 may 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 by the Contract Officer, provided that 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 seX2vices 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- 2:3 Chanqes. 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. To provide for revisions or modifications to documents or other work product or work when-documents or 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. 2.4 Payment for Chanqes. Approved change orders shall ~ 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 prescribed herein shall be set forth within the final edition thereof, 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. 3. PERFORMANCE SCHEDULE 3.1 Time of Essence. Time is of the essence ~n the performance of this Agreement. 3.2 Schedule of Performance. Ail 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 M~jeure. 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, fires, earthquakes, floods, epidemic, quarantine -3- restrictions, riots, strikes, freigh~ 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 ef 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 beyond June 30, 1998. Additionally, upon mutual agreement by both parties, this contract may be extended for additional periods of one year per contract extension. · 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 make all decisions in connection therewith: Richard Esgate, P.E. 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 during the 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 Development of City unless otherwise designated'in writing~by'the City Manager of City. It shall be the 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 Aqainst Subcontractinq or Assiqnment. The experience, 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 ._ -4- 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 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 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 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. Consultant shall maintain in full force and effect during the term of the .contract, policies of comprhensive general liability, personal injury, and liability insurance with limits of at least $1,000,000 combined single limit coverage per occurrence, and professional liability insurance with limits of at least $500,000 combined single limit coverage per claim, or per occurrence for which a certificate of insurance or endorsements will be delivered in a form satisfactory to the City prior to implementation of any agreement for providing services. If the consultant provides claims made professional liability insurance, consultant shall also agree in writing either (1) to purchase tail insurance in the amount required by this agreement to cover claims made'within three years of completion of the consultant's services under this agreement, or (2) to maintain Professional liability insurance coverage with the same carrier in the amount required by this agreement for at least three years after completion of consultant's services under this agreement. The consultant shall provide evidence to the city of the purchase of the required tail insurance or continuation of the professional liability policy. 5.2 Indemnification. The-Consultant shall defend, 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, -5- employees and agents, arising out of or related to Consultant's performance under this Agreement, except for Duch 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 and submit to the Contract Officer such reports concerning the 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 to inspect, copy, audit and make records and transcripts from 'such records. 6.3 Ownership of Documents. Ail 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 its 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 concepts 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 Agreement 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 any 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 in 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 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 right 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 concerning the same or any other provision of this Agreement. 7.4 Rights 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 such 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 addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain injunctive relief, a declaratory judgment or any other remedy consistent with the purposes of this Agreement. 7.6 Liquidated Damages. 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 fhe sum of Dollars ($ ) as liquidated 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 witho, ut cause, upon thirty (30) days written notice to Consultant, -7- except that where 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. 7.8 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 stipulated, provided that the City shall use reasonable efforts 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, by 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. 9. M3SCELLANEOUS PROVISIONS 9.1 Notice. Any notice, demand, request, consent, approval, or communication either party desires o~.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 mail 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 300 Centennial Way Tustin, CA 92680 Attention: Director of Community Development (Contract Officer) To Consultant: Esgil Corporation 9320 Chesapeake Dr., Suite 208 San Diego, CA 92123 Attention: Richard Esgate, P.E. President 9.2 Inteqrated Aqreement. This Agreement contains all of the agreements of ~he part~es 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 byvalid 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. "City" Dated: CITY OF TUSTIN, a municipal corporation .- APPROVED AS TO FORM: ~ IJois ~effrey {I · City .~ttorney kY By: Christine Shingleton Director of Community Development "Consul tant" Esgil Corporation By: Richard Esgate, P.E. President -i0- EXHIBIT "A" PROPOSAL and SCOPE OF SERVICES Attached hereto are: 1) Consultant' s Proposal; and 2) 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. BUILDING PLAN'REVIEW · . 1. Review plans, calculations, and specifications for compliance with the most recently enacted rules and regulations as adopted by the Federal, State, and local legislative bodies· · Included are: Uniform Building Code Uniform Administrative Code Uniform Plumbing Code Uniform Mechanical Code Uniform Electric Code Uniform Building Security Code Uniform Pool, Spa and Hot Tub Code Uniform Code for Building Conservation- California Energy Commission Regulations California Disabled Access Regulations City of Tustin Landscape Improvement Standards City of Tustin Floodplain Management Ordinance Tustin City Code 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 engineering, practice. 3. Attend meetings related to plan review at City Hall. 4. Pick-up and deliver plans for review. · Provide amonthly plan check status report 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 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 amend their C6rrection sheet(s) as necessary to be consistent with City codes. · · · o 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 Consultant 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 be 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 Pavment 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 Liquidated Damaqes, shall be deleted. EXHIBIT "C" SCHEDULE OF COMPENSATION and PERSONNEL HOURLY RATES · · Attached hereto are: 1) Schedule of Compensation; and 2) Personnel Hourly Rates · . XIII.PLAN REVIEW FEE Esgil Corporation's fee to provide plan review services is 50% .o.f the city's permit fee listed in the May 10, 1995 request for proposal. For this single fee Esgil will perform the initial plan review necessary plan check consultations, and all required rechecks. Our review will include'all of the following codes as adopted and amended by the State of California and or the City of Tustin: Uniform Building Code, Uniform Administrative Code, Uniform Plumbing Code, National Electrical Code, Uniform Building Security Code, Uniform Pool Spa and Hot Tub Code, California Energy Commission Regulations, California Disabled Access Regulations and related local policies and ordinances. Hourly rates are only charged for work requested in writing by the City and not covered by the plan review fee. Our hourly rate schedule is enclosure 'DM. There are no extra charges for supervision, management, clerical or any other overheads when hourly rates are used. -. LABOR RATES SCHEDULE CLASSIFICATION REC;ULAR Division Manager Supervising Structural Eningeer Civil, Electrical, R.C.E. Electrical Engineer,' E.E. Fire Protection Engineers, F.P.E. Mechanical Engineer, M.E. Structural Engineer, s.E. Energy Plans Examiner, C.B.C.I I.C.B.O. Plans Examiner Supervising Building Inspector Building Inspector Permit Specialist Word Processing Clerical SuPpOrt Corporate Attorney $157.50 $118.65 $148.43 $11'2.00 $115.50 $ 87.15 $115.50 $ 87.15' $115.50 $ 87.15 $115.50 $ 87.15 $129.88 $ 98.00 $115.50 ' $ 87.15 $ 98.70 $ 74.55 $105.00 $ 78.75 $ 89.25 $ 67.20 $ 80.85 $ 60.90' $ 55.65 $ 42.00 $ 37.80 $ 28.35 $280.35 $210.00 . . . 'Hourly NOTES: Labor rates are only used for work when requested by our clients, where a Building Code plan review fee is not applicable or appropriate. Preferred rates are used for all client jurisdictions where Esgil Corporation has a current approved plan review contract in place. The rates, do not include expenses resulting from transportation, meals, lodging and similar costs when Esgil Corporation is providing services outside the greater San Diego County area, (Rates are evaluated each year.) le . . . . o e EXHIBIT 'D' SCHEDULE OF PERFORMANCE Plan check services .shall be performed within seven (7) working days maximum to within fourteen (14) ¢,,orking days maximum, depending on the complexity of the project. 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. 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 be at 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. Inspection services shall be performed within xhree '(3) working days 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. For plan checks requiring more than the initial check and tWO m-checks 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 with one (1) workday of the completion of the 3rd plan check and prior to release of any corrections to the applicant. 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 WILLDAN ASSOCIATES ("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 June 29, 1995, 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 mutua1 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 and 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 ProDosal. 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. 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 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 - 1 investigate~ 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) fullyunderstands 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 may 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 by the Contract Officer, provided that 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 ~ompensation 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- 2.3 Chanqes. 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. To provide for revisions or modifications to documents or other work product or work when documents or 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. 2.4 Payment for Changes. Approved change orders shall 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 prescribed herein shall be set forth within the final edition 'thereof, 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. 3. PERFORMANCE SCHEDULE 3.1 Time of Essence. Time is of the essence in the_ performance of this Agreement. 3.2 Schedule of Performance. Ail 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 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, 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 beyond June 30, 1998. Additionally, upon mutual agreement by both parties, this contract may be-extended for additional periods of one year per contract extension. 4. COORDINATION OF WORK 4.1 Representative of consultant. The fol-lowing 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 make all decisions in connection therewith: Tom Brohard . 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 during the 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 Development of City unless otherwise designated in writing by the City Manager of City. It shall be the 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 Pr°hibiti°~ Against Subc°n acting or Assignment. The experience, 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 -4- 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 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 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 shalI 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. Consultant shaI1 maintain in full force and effect during the term of the contract, policies of c0mPrhensive general liability, personal injury, and liability insurance with limits of at least $1,000,000 combined single limit coverage per occurrence, and professional liability insurance with limits of at least $500,000 combined single limit coverage per-Claim or per occurrence for which a certificate of insurance or endorsements will be delivered in a form satisfactory to the City prior to implementation of any agreement for providing services. If the consultant provides claims made professional-liability insurance, consultant shall also agree in writing either (1) to purchase tail insurance in the amount reqUired by this agreement to cover claims made within three years of .completion of the consultant's services under this agreement, or (2) to maintain professional liability insurance coverage with the same carrier in the.amount required by this agreement for at least.three years after completion of consultant's services under this agreement. The consultant shall provide .evidence to the city of the purchase of the required tail insurance or continuation of the professional liability policy. 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, Indemnification, The Consultant shall ..... defend, -5- 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 and submit to the Contract Officer such reports concerning the 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 t© inspect, copy, audit and make records and transcripts from such records. 6.3 Ownership of Documents. Ail 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 its 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 concepts 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 Agreement 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 any.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 in 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.~his Agreement, the injured party shall notify the injuring -6- 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 ~he 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 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 right 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 mus~ be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 7.4 Rights 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 such 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 addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain injunctive relief, a declaratory judgment or any other remedy consistent with the purposes of this Agreement. -. " 7.6 Liquidated Damages. 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 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 where termination is due to the fault of the Consultant and constithtes 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. . 7.8 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 stipulated, provided that the City shall use reasonable efforts 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, ~by and for itself, its heirs, executors, assigns, and all personsclaiming 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. -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 mail 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. 300 Centennial Way Tustin, CA 92680 Attention: Director of Community Development (Contract Officer) To Consultant: Willdan Associates 12900 Crossroads Parkway South, Suite 200 Industry, CA 91746-3499 Attention: Tom Brohard, P.E. Senior Vice President 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 unenf0rceability 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. IN WITNESS WHEREOF, the parties have executed this Agreement as of the d~tes stated below. Dated: APPROVED AS TO FORM: L~.ois ~effrey Fi City Attorney k3 "City" CITY OF TUSTIN, a municipal corporation By: Christine Shingleton Director of Community Development "Consultant" Willdan Associates By: Tom Brohard, P.E. Senior Vice President -10- EXHIBIT "A" PROPOSAL.and SCOPE OF SERVICES · · Attached hereto are,: 1) Consultant's Proposal; and 2) Scope of Services . . SCOPE OF SERVICES The following is the itemized scope of services which the consultant is expected to perform as a part of this Agreement. BUILDING PLAN REVIEW · . 1. Review plans, calculations, and specifications for compliance with the most recently enacted rules and regulations as adopted bY the Federal, State, and local legislative bodies. Included are: Uniform Building Code Uniform Administrative Code Uniform Plumbing Code Uniform Mechanical Code Uniform Electric Code UnifOrm Building Security Code Uniform Pool, Spa and Hot Tub Code Uniform Code for Building Conservation- California Energy Commission Regulations California Disabled Access Regulations City of Tustin Landscape Improvement Standards City of Tustin Floodplain Management Ordinance Tustin City Code e 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 engineering practice. 3. Attend meetings related to plan review at City Hall. 4. Pick-up and deliver plans for review. 5. Provide a monthly plan check status report 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 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 amend their correction sheet(s) as necessary to be consistent.with City cOdes. Building Inspection · 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. Note all discrepancies, cite code violations, and issue correction or stop-work notices. Landscape and Irriqation Plan Review I · · 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 b. Tustin Landscape Improvement Standards 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 the rules and regulations.. Provide necessary communication with the applicant to assure understanding of all correction 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. 3. Attend meetings related to plan review at City Hall. 4. Pick-up and deliver plans for review. · Provide monthly plan check status report to City of all assigned plans. · Upon completion of a landscape or irrigation 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 amend their correction sheet(s) as necessary to be consistent with City codes. Scope of Services The followin9 is the itemized scope of services which the Consultant is expected to perform as a part of this Agreement. Gradinq and Infrastructure Plan Review · . Review plans, specifications and calculations for the most recently enacted- rules and regulations as. adopted by the ~federal, state and local legislative bodies. Included are: Uniform Building Code Uniform Administative Code California Disabled Access Regulatons - Title 24 City of Tustin.Grading Ordinance City of Tustin Grading Manual City of Tustin Private Improvement Standards City of Tustin Floodplain Management Ordinance City of Tustin Conditions of Approval "Green Book" standard specifications for public works construction Standard Engineering Practices 2.- 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. 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 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. 5. Pick-up and deliver plans for review. · Provide a monthly plan check status report to the City of all assigned plans. . 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. Consul.rant shall amend their correction sheet (s) as necessary to be consistent with City codes. Grading and Infrastructure Inspection I · · Provide inspectors qualified in grading and infrastructure inspections. Provide accurate daily inspection shee~s. Note all discrepancies, cite code violations, and issue' correction or stop-work notices. EXHIBIT "B" SPECIAL REQUIREMENTS 1. 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 Consultant 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 theproject owner or applicant is a client of Consultant or its officers 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 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. 2. 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". 3. 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. · 4.~ 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 ~iquidated Damaqes, shall be deleted. · EXHIBIT "C" SCHEDULE OF COMPENSATION and PERSONNEL HOURLY RATES · . Attached hereto are: 1) Schedule of Compensation; and 2) Personnel Hourly Rates . COMPENSATION -- The following compensation schedules are established for each service category: BUILDING AND SAFETY pLAN CHECK For valuations under $100,000: 75% of fees collected for Initial and two rechecks For valuations of $100,000 to under $500,000; 70% of fees collected for Initial and two rechecks For valuations over $500,000 65% of fees collected for Initial and two rechecks For additional checks and special projects: See Schedule of Houdy Rates BUILDING AND SAFETY INSPECTION Inspection compensation will be In accordance with the current effective Schedule of Hourly Rates and correspond to the following inspection types: Combination Inspection: $52 or $63 per hour, depending on the complexity of the project. Commercial Structural, Plumbing, Mechanical, or Electrical Inspections: $63 or $73 per hour, depending on the complexity of the projecL GRADING/PRIVATE IMPROVEMENTS PLAN CHECKING For I__~-s_ than 2 acres: 100% of fees Collected for Initial and two rechecks For 2-25 acres: 70% of fees collected for initial and two rechecks For greater than 25 acres: $76 per hour (effective until June.30, 1996) For additional checks and special projects: See Schedule of Houdy Rates PRIVATE IMPROVEMENT INSPECTION Public Works Inspection: $63 per hour. LANDSCAPE PLAN CHECKING Landscape/Irrigation System Plan Checking: $76 per hour. The following Schedule of Hourly Rates is effective until June 30, 1996. with the rates shown Including all overhead Items. A .new rote schedule .will be published and become effective July 1, 1996, and all billings after that d~te will reflect changes Included in that new rate schedule.. Willdan does not charge separately for non-pemonnel Items, such as travel, mileage, telephone, and postage. Reproduction expenses, including copying and blueprinting, are invoiced at cost plus 10 percent. I Proposal -5- City of Tustin o PERSONNEL HOURLY RATES The Consultant's personnel hourly rates shall not change from'the attached schedule without approval from City. .' Cornpensatio, , EI~K~~ Principal Engineer Div~on IVbu~ger Oily Engineer ProJec~ Dire~or ~uperv~ng Engineer Sr. Engineer Sr. Proje~ IV~'~ger Project Mmmger Associate Engineer Sr. Designer (CADD) Designer (CADD) Engineering Associate Sr. Designer Sr. Design Engineer Design Engineer Sr. Drafter Designer Sr. Drafter (CADD) Drafter (CADD) Drafter TechnicaJ Nde Spv~. - Public WoH<s Observation SI'. Public Works Observer Public Works Observer Spy=. - Ileal Properly Services Sr. Real Property Agent Real Property Agem Assistant Real Property Agent Real Property Technician SURVEYING Sr. Survey Analyst Sr. Calculator Calculator Ii Calculator I Survey Analyst II S~rvey Analyst I Spvsr. - Survey. Survey Party Chief Two-Man Field Party Three-Man Field Party SPEOIN. DISTRICTS Sr. 8peciaJ Disa'icts Coordinator ,Special Districts Coordinator . WILLDAN ASSOCIATES SCHEDULE OF HOURLY RATES July 1, 1995 - June 30, 1996 85.00 85.00 73.00 60.00 73.00 61.00 94.00 89.00 1,56J:X3 210.00 Proposal -6- City of Tustin