HomeMy WebLinkAboutCC 11 PROF SVCS AUTH 07-05-88 CONSENT CALENDAR
DATE: JULY $, 1988 '~,~wi~a~%.~r ........... i
TO:
FROM:
SUBJECT:
WILLIAM A. HUSTON, CITY MANAGER
COMMUNITY DEVELOPFIENT DEPARTMENT
AUTHORIZATION FOR PROFESSIONAL SERVICES/STRUCTURAL PLAN CHECK AND
! NFRASTRUCTURE SERV ICES
RECOMRENDATXON
It is recommended that the City Council approve the agreements with the firms of
Melad & Associates, Roger Leggett, Inc., BSI Consultants, Inc. and GPS
Consul ting Engineering and authorize the City Manager to execute said agreements
subject to City Attorney approval as to form.
BACKGROUND AND DXSCUSSION
With the current development activity within the East Tustin Specific Plan area
and the current workloads in the Department of Community Development, outside
plan check and inspection consultants, continue to be needed to help provide
Building Division services in a timely and effective manner. The areas of plan
check services are structural building plan check and on-site infrastructure
plan check which encompasses grading, street/storm drain improvements and
landscape drawings of tract perimeters.
It is staff's desire to renew the services of four of the City's current
consultants which have been used over the last year and a half. These
consultants have generally agreed to renew and extend their services and fees at
the same rates as approved over a year ago with one exception (fees have been
adjusted for one consultant to compensate for insurance coverage).
Staff feels that by using the same consultants over the next year there will be
greater continunity provided in plan checking particularly large scaled, phased
projects in East Tustin that existing consultants have al ready begun work on.
Staff have also found existing services to be above average.
Each consultant's expertise in the projects'completed during' the last year are
as summarized in the attached exhibit.
Lloyd D~
Bui 1 di ~Kg Offi cia 1
Christine A. Shin'gle~oh//
Director of Community Befvelopment
LD: CAS: pe f
Attachments
FIRM
MELAD & ASSOCIATES
ROGER LEGGETT, INC.
BSI CONSULTANTS, INC.
STRUCTURAL PLAN CHECK AND
INFRASTRUCTURE PLAN CHECK AND
INSPECTION SERV ICES
TYPE OF SERVICE
Structural Plan check
and inspection
Structural plan check
SUMMARY OF FEES
,,
65% of plan check fee;
$35 per hour for
i nspecti on
75% of plan check fee;
or $50 per hour
75% of plan check fee
for bldgs up to
$1 mill in valuation;
65% of plan check fee
for bldgs over $1 mill
GPS CONSULTING
ENGINEERS
Infrastructure plan check
and inspection
Infrastructure plan check
50% of city schedule
for infrastructure plan
check; 85% of schedule
to include inspection;
hourly schedule is
$46-76 for special
services; fi xed rate
for tract review -
1,000 + $10 per lot or
parcel; $700 for parcel
maps + $25 per parcel
Hourly rate $38-76;
$5,500 maximum for
grading ordinance,
$2,500 maximum for
design standards
Community DeveloPment Department
CONSULTTNG SERVICES AGREElqENT
IIIII I III III IIII III · II
THTS AGREEHENT, made and entered into, to be effective this Z3th day of
June , 1988, by and between the CTTY OF TUSTTN, hereinafter
referred to as 'Clty', and Melad and Associates
hereinafter referred to as 'Consultant'.
W I T N E S SETH:
WHEREAS, City desires consultant services for plan checking of building
plans as to conformance of the Uniform Building Code, Security Code, Title 24
State Energy and State Handicapped Access and Useability, National Electric
Code, Uniform Mechanical and Uniform Plumbing Code. Grading and site
improvement plans on reqbest; and
WIIEREAS, Consultant is qualified to provide the necessary services and has
agreed to provide such services; and
WHEREAS, Consultant has submitted to CZTY- a proposal, dated .... Mag. 25
19 88 , a copy of which is attached hereto as Exhibit "A", and is by this
reference incorporated herein as though set forth in full hereat (hereinafter
referred to as the "Proposal').
NOW, THEREFORE, in consideration of the promises and mutual benefits which
will result to the parties in carrying out the terms of this Agreement,
City agrees to employ and does hereby employ Consultant to provide consulting
services as follows' ..~
Section,,' ,,1..-. Sc,ope of consultant Servtce,.s. Consultant agrees ~o furnish
to City necessary professional services to accomplish those tasks outllned in
the Proposal.
Section,, 2: Responsibility of Consultant.
A. Consultant is responsible for the professional quality, technical
accuracy, ti mely completion and coordination of all designs, drawings,
specifications, reports and other services furnished by Consultant under this
Agreement. Consultant shall, without additional compensation, correct or revise
any errors, omissions or other deficiencies in its designs, drawings,
specifications, reports and other services except when such revisions or
modifications are inconsistent*with approvals or instructions previously given
by City or are required by the enactment or revision of Codes or laws by
governmental agencies having jurisdiction over the project subsequent to the
preparation of such documents, drawings or specifications.
B. City's approval of drawings, designs, specifications, reports and
incidental work and materials furnished hereunder, shall not in any way relieve
Consultant of responsibility for technical accuracy of its work. City's review,
approval, acceptance or payment 'for any of the services shall not be construed
as a waiver of any rights under this Agreement or of any cause of action arising
out of the performance of this Agreement.
C. Consultant shall be, and shall remain, liable in accordance with
applicable law, for all damages to City caused by Consultant's negligent
performance of any of the services furnished under this Agreement, except for
errors, omissions or other deficiencies to the extent attributable to the City,
City'furnished data, or any third party. Consultant shall not be responsible
for any time delays in the Project caused by circumstances beyond Consultant's
control.
D. Consultant's obligations under this Section are .in addition to
Consultant's other express or implied assurances under this Agreement or state
law, and in no way diminish any other rights that City may have. against
Consultant for faulty materials, equipment or work.
Section 3: Responsibility of City.
A. City shall designate a representative authorized to act in City's
behalf with respect to the Project.
B. City agrees to furnish to Consultant the following:
Plans, calculations and related data which upon submittal are ready
for plan check.
City warrants that to the best of City's information and .knowledge, the
information and documents furnished to Coasultant are accurate an~ that
Consultant shall be entitled to rely, in good faith, on the accuracy and
completeness thereof.
C. City shall examine documents submitted and render approval and
decisions pertaining thereto in a reasonably prompt manner, so as to avoid
unreasonable delay in the orderly progress of services.
D. City shall perform the following:
Phone contact to consultant for plan pickup by consultant at
consultants request or City request.
Sectton 4: Compensatlo..n. Compensation for Consultant's services shall
be paid by City to Consultant as follow-s:
Monthly - upon request and submittal tnvotces by consultant.
(SEE EXHIBIT "C", ATTACHED HERETO.)
Sect~ .op.,, ,,5: Payme, nt.
A. Consultant shall submit monthly statements requesting payment for
those items included in the Proposal. Such requests shall be based upon the
amount and value of the work and services performed by Consultant under this
Agreement, and shall be prepared by Consultant and accompanied by such
supporting data, including a detailed breakdown of all costs incurred and all
tasks performed during the period covered by the statement, as may be required
by City.
Upon approval of such payment request by City, payment shall be made to
Consultant as soon as practicable of 100~ of the invoiced amount, provided,
however, that if City determines that the work under this Agreement* or any
specified task hereunder is incomplete, the amount or payment is in excess of
the amount considered by City's Director of Finance to be adequate for the
protection of City, he may, at his discretion, retain an amount not to exceed
ten percent (10%) of such payment request.
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B. Upon satisfactory completion by Consultant of the work called for
under the terms of this Agreement, and upon acceptance of such work by City,
Consultant will be paid the unpaid balance of any money due for such work,
including any retained percentages relating to this portion of the work.
C. Upon satisfactory completion of the work performed hereunder, and
-
prior to final payment under this Agreement for such work, or prior settlement.
upon termination of this Agree~nt, and as a condition precedent thereto,
Consultant shall execute and deliver to City a release of all claims against
City arising under or by virtue of this Agreement other than the such claims, if
any, as may be specifically exempted by Consultant from the operation of the
release in stated amounts to be set forth therein.
Section 6: Statement_of Costs. Pursuant to the provisions of
California Government Section 7550, the total amount expended 'by City relating
to the preparation of the report and documents prescribed herein shall be set
forth within the final edition of any written reports produced by Consultant,
thereof, in a separate section, in a statement substantially as follows'
"Pursuant to California Government Code Section 7550 the City Tustin
expended the total amount for the preparation of this report and/or documents."
Sectt on 7: Subcontracts.
A. Any subcontractors and outside associates or subconsultants required
by Consultant in connection with the services covered by this Agreement will be
limited to such individuals or firms as are specifically approved by City during
the performance of this Agreement. Any substitution in such subcontractors,
associates or subconsultants will be subject to the prior written approval of
City.
B. It is expressly understood that in the event Consultant does require
expertise in other fields, no portion of the work shall be assigned or
subcontracted without the prior written approval of City.
Section 8- Chan~)es.
A. In the event of a change in the scope Of work provided for in the
Proposal and thts Agreement, requested by Ctty, the parttes hereto sha]] execute
an addendum to thts Agreement, s'etttng forth wtth particularity all terms of the
new Agreement, Including but not limited to any additional Consultant's fees.
Change orders may Include, but not be limited to, the following:
1. Revisions or modifications to documents, drawlngs, or
specifications when such revisions or modifications are
inconsistent wtth approvals or Instructions previously gtven or
are requtred by the enactment or revtsion of Codes or laws by
governmental agenctes havtng jurtsdtctlon over the project
subsequent to the preparation of such documents, drawtngs or
spect'ftcatlons;
2. Provldtng consultation concerning replacement of any work damaged
by ftre or other cause durtng construction, and furnlshlng
professional servtces as may be required in connection with
replacement of such work;
3. Providing services not otherwise included tn this Agreement or
not customarily furnished' tn accordance with generally accepted
practtce of landscape architecture.
B. Change orders shall be compensated at the following personnel hourly
rates (where applicable, rates apply to travel time):
SEE EXHIBIT "C", ATTACHED HERETO
Section 9:
Indemnity. Consultant shall perform all services required
under this Agreement in a careful, diligent and professional manner and shall be
responsible for all errors and dmissions in connection with the services
·
performed by Consultant under the terms of this Agreement, and Consultant shall
defend, indemnify and save harmless City and its officers and employees thereof
from all claims, suits, or other actions of every name, kind and description,
brought for, or on account of, injuries to or death of any person including but
not limited to workmen in the public, or damage to property resulting from any
willful misconduct or negligent acts, errors or omissions committed
by Consultant during the performance of the services rendered under this
Agreement, save and except claims arising through the sole and exclusive
negligence or sole and exclusive willful misconduct of City and its officers,
employees and agents. The defense and indemnification by Consultant shall
include all costs and expenses, including attorney's fees, incurred by City or
its employees, officers or agents with respect to such claim, suit or action of
every name. Consultant shall, if requested by City, defend any litigation
arising out of such claim at the sole cost and expense of Consultant. In
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addition to any remedy authorized by law, so much of the money due Consultant
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under and by virtue of this Agreement as shall be considered necessary, in the
sole discretion of City, may be retained by City until disposition has been made
of such claim or claims for damages as aforesaid.
Section 10: Independent contrac.tor. The legal relationship between the
parties hereto is that of an independent con{ractor and nothing herein shall be
deemed to make Consultant and/or any of its agents, servants or employees an
employee or agent of City.
Section...11: publicity.. In the event that City releases or displays'
materials prepared by Consultant to third parti~s~co~t~i,lng materials
photographs, drawings,_graphic presentati~and designs Consultant sh
credited for said work.
8
Section 12: ,Termination. Services may be terminated at any time upon
written notification by either party, with fees payable to date of termination
and tn accordance with services rendered and work completed. In the event of
termination or suspension of services or abandonment of the Project, payment
shall be made to Consultant for all services performed to the date of
terml nati on.
,Section 13: ,,~nershtp of Documen.ts. Upon termination or completion of
·
the work under this Agreement, Consultant agrees to furnish to City copies of
all memoranda, correspondence, computation and study materials in its files
pertaining to the work described in this Agreement which City requests. City
agrees to hold Consultant harmless against losses and damages and costs arising
out of any reuse or change of said documents by City without written
authorization.
Sectton 14: Employment. Consultant certifies, by the execution of this
Agreement, that it pays employees not less than the minimum wage as defined by
law, and it does not discriminate in its employment with regard to race, color,
religion, sex or national origin; that it is in compliance with all federal,
state and local directives and executive orders regarding non-discrimination in
employment; and it agrees to demonstrate positively and aggressively the
principals of equal opportunity in employment.
Section 15: .Attorney's Fees. If any action at law or in equity is
necessary to enforce or interpret the terms of this Agreement, the prevailing
party shall be entitled to reasonable attorney's fees, costs and. necessary
disbursements in addition to any other relief to which he may be entitled.
,S,ectton 16: ,E,xecutton. Both City and Consultant do covenant that each
individual executing this document by and on behalf of each party is a person
duly authorized to execute contracts for that party.
Sect, ton 17: Blndlng Agreement. The terms and provisions of this
Agreement shall extend to and be blndJng upon and inure to the benefit of heirs,
executors, administrators, and successors and assigns with respect to the
partles hereto.
IN WITNESS NtlEREOF, this Agreement has been executed in the name of
City, by its officers thereunto duly authorized, and Consultant, to be effective
as of the day and year first above written.
'CITY' CITY OF TUSTIN
AT[EST:
By
Mayor
city Clerk
APPROVED AS TO FORM:
gAMES G. ROURKE
CITY ATTORNEY
By
'CONSULTANT'
By
10
EXHIBIT "A"
SCOPE OF SERVICES
(Attached)
11
MI~LAO ANI2) ASSOCIATES
en~lineerin~ · cocle consultants
May 25, 1988
M~. Lloyd Dick
Building Official
CITY OF TUSTIN
300 Centennial Way
Tustin, CA 92680
Dear Mr. Dick:
I hereby submit my new proposal, as requested by the City, to provide code
compliance plan checking and building inspection services for the CITY OF
TUSTIN.
PROPOSAL
SERVICES:
I. PLAN CHECKING:
a) Complete plan~check of all types of building plans and related
structures for building permit. Ail 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 of
$45. o0.
~Exception: 25% for repetitive plan checks.
b) Structural plan check only: To review structural plans and calcula-
tions 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
$45.OO.
c) State EnerEy Regulations~ Title 24.of the State Administrative Code:
Complete plan check on building envelope, HVAC system and lighting
system.
COMPENSATION: Will be an amount equal to 15% of the plan check fee
established by the City or an hourly rate of $45.00.
warner ave., suite I I~ 1 · huntington beach, ca 921~47 · [71 4] B41~-O4B?
- -2- May 25, 1988
CITY OF TUSTIN _
d) Gradin~ plan check:
engineering work.
To review grading and other related civil
COMPENSATION: $45.00 per hour.
Checking time will be five (5) working days minimum to twenty (20) working
days maximum, depending on the size and complexity of the project. Rechecks
will be completed in two (2) to ten (10) working days.
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 two-hour 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.
INSURANCE:
The undersigned agrees to maintain during the term of his Agreement a professional
liability insurance'in the-amount of $1,000,000, comprehensive public liability
insurance in the amount of $1,000,000 with FARMERS INSURANCE and Workman's
Compensation insurance covering employees in form and manner agreeable to the
City.
We are requesting a 5% increase in plan check services to cover our new, high
premiums on the above insurance.
Our company strictly performs plan checking and inspection services. We do no
engineering design to avoid any.,conflict of interest.
I look forward to continuing my services in providing a professional and high
level of code consulting services. Attached is my resume and of my employees
and professional associates.
//dose D' Melad, P.E.
6~ President
MELAD AND ASSOCIATES
EXHIBIT "B"
SPECIAL REQUIREMENTS
1. All plan check processing shall be coordinated through the City. Revised
plans and comments prepared by Consultant shall always come back to the
City for distribution. All meetings with applicants shall be at the City
and include City staff, as available, unless otherwise authorized by the
Building Official.
2. Any special projects or reports requested by the City - City will set
monetary amounts for each project.
3. This Agreement shall remain in force and effect for a term of one year
unless terminated sooner pursuant to Section 12 of the Agreement. The City
reserves the right to extend the contract provided Consultant is given 30
days notice of said extension.
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EXHIBIT "C"
SCHEDULE OF COMPENSATION
_
............. ii i i,
.
Paynmnt for plan check services shall be made to Consultant by City on a
monthly basis for complete plan check services In the amount of 70% of the
plan check fee collected or at an hourly rate of $45.00, which is less.
Compensation for review of structural plans and calculations only will be
in the amount equal to 45% of the plan check fee or $45.00 whichever is
less. Compensation for plan check on building envelope, HVAC system and
lighting system per State Energy Regulations, Title 24 of the State
Administrative Code shall be an amount equal to 15% of the plan check fee
established by the City or an hourly rate of $45.00.
For repetitive plans such as tracts, 25% of the plan check fee shall be
charged for each building that is a duplicate or at an hourly rate of
$45.00 per hour, whichever fee is less.
The City's fee schedule and the most current edition of the Building
Standards Valuation Data Chart or an approved equivalent as determined by
City shall be used by City in establishing plan check fees.
.
In the event of unusual circumstances, including but not limited to
litigation, which requires the services of Consultant for any matter for
which Consultant is not otherwise compensated, City shall compensate
Consultant at the rate of $45.00 per hour for such services. Such services
shall require prior approval of and be rendered at the direction of the
Building Official.
13
Exhtbit "C", cont.
Page two
3. In the event of a request by the Butldtng Offtctal for Inspection services,
compensation shall be at an hourly rate of $35.00 with a four (4) hour
mtnlmum, plus mtleage at the rate of $.30 per mtle tf the City does not
provt de transportation.
4.
In submitting payment requests, Consultant shall not only provide
information on payment requested but also the amount remaining of contract
maximum billing.
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EXHIBIT "D"
SCHEDULE OF PERFORMANCE
1. Plan check services shall be performed within a five (5) day minimum to a
fourteen (14) working day maximum depending on the complexity of the
project, unless otherwise agreed to by Building Official. Building
Official reserves the right under special circumstances to request "fast
tracking" of plans under tighter schedules as mutually agreed to, on an
individual basis, by the Consultant and Building Official. Said time for
performance shall begin the same day a pick-up request is made. Rechecks
shall be completed in two (2) to seven (7) working days.
15
CONSULTING SERV!CES AGREEMENT
i i
DRAFT
THIS AGREE)lENT, made and entered into, to be effective this 13th day of
i
June
, 1988, by and between the CITY OF TUSTIN, hereinafter
referred to as "City', and
GPS Consu].t.,t.ng Civil Engineering
hereinafter referred to as "Consultant'.
W ! TIlE S SETH:
WHEREAS, City desires consultant services for plan checking of various
grading, street, storm drain, water and sewer plans, related construction and
calculations associated with the foregoing - Plan checking and infrastructure
services; and
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 14, 1988,
a copy of which is attached hereto as Exhibit "A", and is by this reference
incorporated herein as though set forth in full hereat {hereinafter referred to
a s the 'Proposal ').
NOW, lliEREFORE, in consideration of the promises and mutual benefits which
will result to the parties in carrying out the terms of this Agreement,
City agrees to employ and does hereby employ Consultant to provide consulting
services as follows'
Section 1:' Scope,,of Consultant Serv,~ces. Consultant agrees t~ furnish
to C¶ty necessary professional services to accomplish those tasks outlined in
Exhibit "A".
Section 2: Responst.btltt¥ of Consultan,t.
A. Consultant is responsible for the professional quality, technical
accuracy, timely completion and coordination of all designs, drawings,
specifications, reports and other services furnished by Consultant under this
Agreement. Consultant shall, without additional compensation, correct or revise
·
any errors, omissions or other deficiencies in its designs, drawings,
specifications, reports and other services except when such revisions or
modifications are inconsistent with approvals or instructions previously given
by City or are required by the enactment or revision of Codes or laws by
governmental agencies having jurisdiction over the project subsequent to the
preparation of such documents, drawings or specifications.
B. City's approval of drawings, designs, specifications, reports and
incidental work and materials furnished hereunder, shall not in any way relieve
Consultant of responsibility for technical accuracy of its work. City's review,
approval, acceptance or payment for any of the services shall not be construed
as'a waiver of any rights under this Agreement or of any cause of action arising
out of the performance of this Agreement.
C. Consultant shall be, and shall remain, liable in accordance with
applicable law, for all damages to City caused by Consultant's negligent
performance of any of the services furnis.hed under this Agreement, except for
errors, omissions or other deficiencies to the extent attributable to the City,
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City furnished, data, or any third party. Consultant shall not be responsible
for any time delays in the Project caused by circumstances be)~ond Consultant's
control.
D. Consultant's obligations under this sectton are tn additton to
I:onsultant's other express or 1replied assurances under this Agreement or state
law, and in no way diminish any other rights that City may have against
Consultant for faulty materials, equipment or work.
Section..3: Responsibility of City.
A. City shall designate a representative authorized to act in City's
behalf with respect to the Project.
B. City agrees to furnish to Consultant the following'
Plans, calculations and related data which upon submittal are ready
for plan check.
City warrants that to the best of City's information and knowledge, the
information and documents furnished to Consultant are accurate and' that
Consultant shall be entitled to rely, in good faith, on the accuracy and
completeness thereof.
C. City shall examine documents submitted and render approval and
decisions pertaining thereto in a reasonably prompt manner, so as to avoid
unreasonable delay in the orderly progress of services.
D. City shall perform the following' ~
1. Phone contact to consultant for plan pickup by consultant.
2. Meetings with consultant at consultants request or City request.
3. Providing receipt from the Design Engineer and return for
corrections.
4. Providing receipts and filing of all project documentation, fees,
bonds and certification.
5. Coordination of line and grade certifications and as-builts with
the Design Engineer and/or Contractor.
6. Existing plans. .
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7. Condition of approval. ~
Section 4: Coapensatton. Compensation for Consultant's services shall
be patd by Ctty to Consultant as follows-
Monthly upon request and submittal invoices by consultant.
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(SEE EXHIBIT "C", ATTACHED HERETO)
Sectton 5: Payment.
A. Consultant shall submit monthly statements requesting payment for
those items included in the Proposal. Such requests shall be based upon the
amount and value of the work and services performed by Consultant under this
Agreement, and shall be prepared by Consultant and accompanied by such
supporting data, including a detailed breakdown of all costs incurred and all
tasks performed during the period covered by the statement, as may be required
by City.
Upon approval of such payment request by City, payment shall be made to
Consultant as soon as practicable of 100~ of the invoiced amount, provided,
however, that-.if City determines that the work under this Agreement or any
specified task hereunder is incomplete, the amount or payment is in excess of
the amount considered by City's Director of Finance to be adequate for the
protection of City, he may, at his discretion, retain an amount not to exceed
ten percent (10~) of such payment request.
B. Upon satisfactory completion by Consultant of the work called for
under the terms of this Agreement, and upon acceptance of such work by City,
Consultant will be paid the unpaid balance of any money due for such work,
including any retained percentages relating to this portion of the work.
C. Upon saris.factory, completion of the work performed h.ereunder, and
prior to final payment under this Agreement for such work, or prior settlement
upon termination of this Agreement, and as a condition precedent thereto,
Consultant shall execute and deliver to City a release of all claims against
City arising under or by virtue of thts Agreement other than the such claims, if
any, as may be specifically exempted by Consultant from the operation of the
release in stated amounts to be set forth therein.
,Section,6: S_i:atement of Costs. Pursuant to the provisions of
California Government Section 7550, the total amount expended by City relating
to the preparation of the report and documents prescribed herein shall be set
forth within the final edition of any written reports produced by Consultant,
thereof, in a separate section, in a statement Substantially as follows'
"Pursuant to California Government Code Section 7550 the City Tustin
expended the total amount for the preparation of this report and/or documents."
Sectt on 7: Subcontracts.
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A. Any subcontractors and outside associates or subconsultants required
by Consultant in connection with the services covered by this Agreement will be
limited to such individuals or firms as are specifically approved by City during
the performance of this Agreement. Any substitution in such subcontractors,
associates or subconsultants will be subject to the prior written approval of
City.
B. It is expressly understood that in the event Consultant does require
expertise in other fields, no portion of the work shall be assigned or
subcontracted without the prior written approval of City.
Sectt Onlml 8 ' Change.s.
A. In the event of a change in the scope of work provided for in the
Proposal and thts Agreement, requested by Ctty, the partles hereto shall execute
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an addendum to this Agreement, sett-ing forth wi th particularity all terms of the
new Agreement, tncludlng but not limlted to any additional Consultant's fees.
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Change orders may tnclude, but not be 11rotted to, the followlng'
1. Revisions or modifications to documents, drawings, or
specifications when such revisions or modifications are
Inconsistent wtth approvals or Instructions previously given or
are requtred by the enactment or revtston of Codes or laws by
governmental agencles havtng jurisdiction over the project
subsequent to the preparation of such documents, drawtngs or
spec1 fl catlon s;
2. Providing consultation concerning replacement of any work damaged
by ftre or other cause durtng construction, and furnlshlng
professional servtces as may be requtred In connection wtth
replacement of such work;
3. Providing servtces not otherwise tncluded in thls Agreement or
not customarily furnished tn accordance with generally accepted
practice of landscape architecture.
B. Change orders shall be compensated at the following personnel hourly
rates (where applicable, rates apply to travel time)'
Principal
Professional Engineer
Senior Draftsman
Draftsnmn
Clerical
Section 9:
$ 76 /Hour
$ 58 /Hour
$ 49 /Hour
$ 38 /Hour
$ 22 /Hour
i,
I,nd~l..t¥. Consultant shall perform all services required
under this Agreement in a careful, diligent and professional manner and shall t~e
responsible for all errors and omissions in connection with the services
performed by Consultant under the terms of this Agreement, and Consultant shall
defend, indemnify and save harmless City and its officers and employees thereof
from all claims, suits, or other actions of every name, kind and description,
brought for, or on account of, injuries to or death of any person including but
not limited to workmen in the public, or damage to property resulting from any
willful misconduct or negligent acts, errors or omissions committed
by Consultant during the performance of the services rendered under this
Agreement, save and except claims arising through the sole and exclusive
negligence or sole and exclusive willful misconduct of City and its officers,
employees and agents. The defense and indemnification by Consultant shall
include all costs and expenses, including attorney's fees, incurred by City or
its employees, officers or agents with respect to such claim, suit or action of
every name. Consultant shall, if requested by City, defend any litigation
arising out of' Such claim at the sole cost and expense of Consultant. In
addition to any remedy authorized by law, so much of the money due Consultant
under and by virtue of this Agreement as shall be considered necessary, in the
sole discretion of City, may be retained by City until disposition has been made
of such claim or claims for damages as aforesaid.
Sect!.on.'lO: Independent C'ontractor. The legal relationship between the
parties hereto is that of an independent contractor and nothing herein shall be
deemed to make Consultant and/or any of its agents, servants or employees an
employee or agent of City.
Section 11: Publtct.tlf. In the event that City releases or displays
materials prepared by Consultant to third parties c'ontaining materials such as
photographs, drawings, graphic presentations and designs Consultant shall be
credited for said work.
8
Sectton 12:. Teratnatton. Servi'ces may be terminated at any ttme upon
-
wrttten notification by etther party,*wtth fees payable to date of termination
and 1n-accordance wlth services rendered and work completed. ~[n the event of
termination or suspension of servtces or abandonment of the Project, payment
shall be made to Consultant for all servtces performed to the date of
term1 natton.
Sectton 13: O~nersh!p,..,of Documents. Upon termination or completion of
the work under thts Agreement, Consultant agrees to furntsh to Ctty coptes of
all memoranda, corres*pondence, computation and study materials tn 1ts files
pertaining to the work described tn thts Agreement whtch City requests. Ctty
agrees to hold Consultant harmless agatnst losses and damages and costs artstng
out of any reuse or change of said documents by Ctty wtthout written
a uth or1 za tt on.
Sectton 14: Eaployaent. Consultant certifies, by the execution of this
Agreement, that tt pays employees not less than the mtntmum wage as deftned by
law, ,and tt does not discriminate in 1ts employment wtth regard to race, color,
religion, sex or nattonal ortgin; that tt is tn compliance wtth all federal,
state and local directives and executive orders reg.ardtng non-discrimination tn
employment; and it agrees to demonstrate positively and aggressively the
principals of equal opportunity in employment.
Sectton 15: Attorney's Fees. ]~f any action at law or in equity ts
necessary to enforce or interpret the terms of this Agreement, the prevailJng
party shall be entttled to reasonable attorney's fees, costs and necessary
disbursements in addition to any other reli.,ef to which he may be entitled.
.
Sectlon 16: Execution. Both Ctty and Consultant do covenant that each
Individual' executing this document by and on behalf of each party is a person
duly authorized to execu.te contracts for that party.
Sectlon I?: Btndlng,,A~reement.- The terms and provisions of this
Agreement shall extend to and be binding upon and inure to the benefit of heirs,
executors, administrators, and successors and assigns with respect to the
parttes 'hereto.
ZN WITNESS EltEREOF, this Agreement has been executed in the name of
Ctty, by its offtcers thereunto duly authorized, and Consultant, to be effective
as of the day and year ftrst above wrttten.
"CITY" CITY OF TUSTIN
ATTEST:
By
Mayor
City Clerk
APPROVED AS TO FORN:
,]AHES G. ROURKE
CITY ATTORNEY
'CONSULTANT'
By
10
EXHIBIT "A"
.
SCOPE OF WORK
(Attached)
11
consulting civil engineers
June 14, 1988
17821 E. 17th. Street Sqite 295
Tustin, California 92680
(714) 832-4707
Ms. Christine A. Shingleton
Director of Community Development
300 Centennial Way
Tustin, Ca. 92680
Plan Checking and Infrastructure Services
Att' Lloyd Dick
We propose to provide professional services to the City, for the coming
year, in accordance with the existing agreement; including the same fee
structure.
Thank you for your consideration.
Sincerel y, . .~
.....- ,__. ·
Executive Vice President
EXHIBIT "A"
SCOPE OF WORK
The scope of work consists of plan checking of various grading, street, storm
drain, water and sewer plans, related construction and calculations associated
with the foregoing, all submitted in response to development conditions.
GPS wi 11 provi de the fol 1 owl ng:
1. Accept project for plan checking with one day notice.
2. Return checked plans to the City within fourteen (14) calendar days on
first plan check from the time the City calls our firm stating "there is a
plan check to be picked up" to the time our firm delivers the completed
plan check to the City. Seven (7) calendar days on subsequent checks.
3. Provide consultation and advice to the City.
4. Attend meetings at the City when requested.
5. Provide field review of initial submittals.
6. Ensure plans comply with City Standards, Codes and Ordinances.
7. Pick up and deliver plans.
8. Provide additional supportative services when necessary and at the request
of the City.
9. GPS will prepare a grading ordinance wi th attention to hillside
construction and coordinate ideas and concerns with' the I rvine Company.
12
- EXHIBIT "B"
SPECIAL REQUIREMENTS
GPS Hou..rl¥ Rates for Plan Checking Services
1. With no additional cost to City, Consultant is to provide timely pick up
and delivery of plans, on an as needed basis.
~
2. All plan check processing and plan transmittals shall be provided at Tustin
City Hall. Reviewed plans and comments prepared by Consultant shall always
come back to the City for distribution to applicants. Should issues need
resolution or review of plans in person is desired, appointments with
applicants shall be at the City and include City staff, as available,
unless otherwise authorized by Building Official. If authorized by
Building Official, Consultant in the interest of expediency and improved
service to public may deal directly with applicant.
3. This agreement shall continue in force and effect fbr a term of one year
from approval of the contract, unless terminated pursuant to Section 12 of
the Agreement. The City reserves the right to extend the contract on an
· .
·
on-going basis provided consultant is given 30 days notice of said
extensi on.
13
®
EXHIBIT "C"
SCHEDULE OF COMPENSATION
Payment for plan check services as identified in Exhibit B of the
Contractors proposal shall be on an hourly rate as follows:
TITLE
Principal
Professional Engineer
Senior Designer/Engineer in Training
Draftsman
Clerical
HOURLY RATE
$76.00
$58.00
$49.00
$38.00
$22.00
2. Fees for special projects and reports shall be negotiaged on an individual
basis, provided that the fee for preparation of the following shall be:
The fees for preparation of a Grading Ordinance shall be on an hourly
rate not to exceed $685.'00
The fee for preparation of minimum design standards for improvement
construction outside the public right-of-way shall be on an hourly
rate not to exceed $ 2,500. This fee does not include standard
drawings which would be prepared for an hourly fee not to exceed
$685.00 per drawing. Printing of standard drawings for distribution
purposes shall be billed at cost plus 15%.
3. The hourly rates include all associated administration, overhead and
mi leage.
4. GPS billings will include hours spent plan checking, project site visits,
attendance at meetings, pick up, delivery and typing.
14
EXHIBIT '"O"
SCHEDULE OF PERFORMANCE
1. Plan check services shall be performed within a five (5) day minimum to a
fourteen (14) working day maximum depending on the complexity of the
project, unless otherwise agreed to by Building Offic4al. Building
Official reserves the right under special circumstances tO request "fast
tracking" of plans under tighter schedules as mutally agreed to, on an
individual basis, by the Consultant and Building Official. Said time for
performance shall begin the same day a pickup request is made. Rechecks
shall be completed in a maximum of seven (7) working days.
2. A schedule of performance for special projects and reports shall be as
agreed to by Consultant and Building Official and shall be incorporated
herein by reference upon execution.
15
CONSULTING SERV];CES AGREEMENT
THIS AGREEMENT, made and entered into, to be effective this 13th day of
June
i iii i iiiii
, 1988, by and between the CIl~ OF TUSTIN, hereinafter
referred to as "City', and .. Roger L.eggett,.. Inc...
hereinafter referred to as 'Consultant'.
W I TN E S SETH:
WHEREAS, City desires consultant services for plan checking of building
plans as to conformance of the Uniform Building Code, Title 24 State Energy and
State Handicapped Access and Usability, National Electric Code, Uniform
Mechanical and Uniform Building Codes; and
WHEREAS, Consultant is qualified to provide the necessary services and has
agreed to provide such services; and
-.
WHEREAS, Consultant has submitted to CZTY a proposal, dated May 23.,. 1988,
copies of which are attached hereto as Exhibit "A", and is by this reference
incorporated herein as though set forth in full hereat (hereinafter referred to
as the 'Proposal').
NOW, THEREFORE, in consideration of the promises and ~tual benefits which
will result to the parties in carrying out the terms of this Agreement,
City agrees to employ and does hereby employ Consultant to provide consulting
services as follows'
Section 1- S.cope.of Cons,u,ltant services. Consultant agrees to furnish
to City necessary professional services to accomplish those tasks outlined in
the Proposal.
Section 2: Responstbt1_t. ty of, Consultant.
A. Consultant is responsible for the professional quality, technical
accuracy, timely completion and coordination of all designs, drawings,
specifications, reports and other services furnished by Consultant under this
Agreement. Consultant shall, without additional compensation, correct or revise
any errors, omissions or other deficiencies in its designs, drawings,
specifications, reports and other services except when such revisions or
modifications are inconsistent with approvals or instructions previously given
by. City or are required by the enactment or revision of Codes or laws by
governmental agencies having jurisdiction over the project subsequent to the
preparation of such documents, drawings or specifications.
B. City's approval of drawings, designs, specifications, reports and
incidental work and mater~tals furnished hereunder, shall not in any way relieve
Consultant of responsibility for technical accuracy of its work. City's review,
approval, acceptance or payment for any of the services shall not be construed
as a waiver of any rights under this Agreement or of any cause of action arising
out of the performance of this Agreement.
C. Consultant shall be, and shall remain, liable in accordance with
applicable law, for all damages to City caused by Consultant's negligent
performance of any of the services furnished under this Agreement, except for
errors, omissions or other deficiencies to the extent attributable to the City,
City furnished data, or any third party. Consultant shall not be responsible
for any time delays in the Project caused by circumstances beyond Consultant's
control.
D. Consultant's obllgatlons under thls Section are tn addition to
Consultant's other express or tmplted assurances under thls Agreement or state
law, and in no way diminish any other rights that City may have against
Consultant for faulty materials, equipment or work.
Section,,,, 3: Respons!btllt7 of Ct~y.
A. City shall designate a representative authorized to act in City's
behalf with respect to the Project.
B. City agrees to furnish to Cons,ltant the following'
Plans, calculations and related data which upon submittal are ready
for plan check.
City warrants that to the best of City's information and knowledge, the
information and documents furnished tO Consultant are accurate and that
Consultant shall be entitled to rely, in good faith, on the accuracy and
completeness thereof.
C. City shall examine documents submitted and render approval and
decisions pertaining thereto in a reasonably prompt manner, so as to avoid
unreasonable delay in the orderly progress of services.
D. City shall perform the following:
Phone contact to consultant for plan pickup by consultant. Meetings
with consultant at consultants or City request.
Section 4: Compensation. Compensation for Consultant's services shall
-
be patd by City to Consultant as follows:
~4onthly upon-request and submittal invoices by consultant.
(SEE EXHIBIT "C", ATTACHED HERETO)
Sectlon 5: Payment.
A. Consultant shall submlt monthly statements requesting payment for
those 1rems tncluded in the Proposal. Such requests shall be based upon the
amount and value of the work and servtces performed by Consultant under this
Agreement, and shall be prepared by Consultant and accompanied by such
supporting data, Including a detailed breakdown of all costs Incurred and
tasks performed during the period covered by the statement, as may be required
by City.
Upon approval of such payment request by City, payment shall be made
· Consultant as soon as practicable of 100~ of the invoiced amount, provided,
hoaever, that if City determines that the work under this Agreement or any
specified task hereunder is incomplete, the amount or payment ~s tn excess of
the amount considered by City's Director of Finance to be .adequate for the
protection of City, he may, at hts discretion, retain an amount not to exceed
ten percent (10~) of such payment request.
B. Upon satisfactory completion by Consultant of the work called for
under the terms of this Agreement, and upon acceptance of such work by City,
.Consultant will be paid the unpaid balance of any money due for such work,
including any retained percentages relating to this pqrtion of the work.
C. Upon satisfactory completion of the work-performed hereunder, and
'prtor to final payment under thts Agreement for such work, or prlor settlement
upon termlnatlon of thts Agreement, and as a condition precedent thereto,
Consultant shall execute and dellver to Ctty a release of all claims against
C¶ty artsing under or by vtrtue of thls Agreement other than the such clatms, if
any, as may be specifically exempted by Consultant from the operatlon of the
release tn stated amounts to be set forth theretn.
Sectton 6: Statement of Costs. Pursuant to the provisions of
California Government Sectton 7550, the total amount expended by CJty relatlng
to the preparation of the report and documents prescribed herein shall be set
forth wlthtn the ftnal edttion of any reports produced by Consultant, thereof,
In a separate sectton, tn a statement substantially as follows:
"Pursuant to California Government Code Section 7550 the Ctty Tusttn
expended the total amount for the preparation of thts report and/or documents."'
Sectton 7: Subcontracts.
A. Any subcontractors and outside associates or subconsultants requtred
by Consultant in connection with the servtces covered by this Agreement wtll be
1Jmtted to such Individuals or ftrms as are specifically approved by Ctty during
the performance of thts Agreement. Any substitution tn such subcontractors,
associates or subconsultants will be subject to the prtor wrttten approval of
Ctty.
B. It is expressly understood that in the event Consultant does require
expertise in other fields, no portJon of the work shall be assigned or
subcontracted wtthout the prior written approval of City.
Sectton 8: Changes.
A. In the event of a change in the scope of work provJded for In the
Proposal and this Agreement, requested by City, the parties hereto shall execute
an aJdendum to thts Agreement, Setttng forth with particularity all terms of the
·
new Agreement, including but not limited to any additional Consultant's fees.
Change orders may include, but not be limited to, the following'
1. Revisions or modifications to documents, drawings, or
specifications when such revisions or modifications are
inconsistent with approvals or instructions previously given or
are required by the enactment or revision of-Codes or laws by
governmental agencies having jurisdiction over the project
subsequent to the preparation of such' documents, drawings or
spect fi carl ons;
2. Providing consultation concerning replacement of any work damaged
by fire or other cause during construction, and furnishing
professional services as may be required in connection wi th
replacement of such work;
3. Providing services not otherwise included in this Agreement or
not customarily furnished in accordance with generally accepted
-' practice of landscape architecture.
B. Change orders shall be compensated at the following personnel hourly
rates (where applicable, rates apply to travel time)'
SEE EXHIBIT "C", ATTACHED HERETO.
Sectton 9: Indemn.t..ty. Consultant shall perform all services required
under thts Agreement in a careful, diligent and professional manner and shall be
responsible for all errors and omissions In connection with the services
performed by .Consultant under the terms of this Agreement, and Consultant shall
defend, indemnify and save harmless City and its officers and employees thereof
from all claims, suits, or other actions of every name, kind and description,
brought for, or on account of, injuries to or death of any person including but
not ltmtted to workmen in the publtc, or damage to property resulting from any
willful misconduct or negligent acts, errors or omissions committed
by Consultant durtng the performance of the servtces rendered under this
Agreement, save and except clatms artstng through the sole and exclusive
negligence or sole and exclusive willful misconduct of City and its officers,
employees and agents. The defense and Indemnification by Consultant shall
tnclude all costs and expenses, Including 'attorney's fees, Incurred by Ctty or
1ts employees, offtcers or agents wtth respect to such clatm, suit or actlon of
every name. Consultant shall, tf requested by City, defend any litigation
artstng out of such clatm at the sole cost and expense of Consultant. In
additton to any remedy authorized by law, so much of the money due Consultant
under and by vtrtue of thts Agreement as shall be considered necessary, In the
sole dlscretlon of Ctty, may be retalned by City until disposition has been made
of such clatm or cla'Ims for damages as aforesaid.
~Ctton, 10.' Ind.ependent Contractor. The legal relationship between the
parties hereto is that of an independent contractor and nothing herein shall be
deemed to make Consultant and/or any .of its agents, servants or employees an
employee or agent of City.
Section 11- Publtctt7. In the event that City releases or displays
materials prepared by Consultant to third parties containing materials such as
photographs, drawings, graphic presentations and designs Consultant shall be
credi ted for said work.
8
Sectton 12: Termination. Services .may be terminated at any time upon
.
wrttten notification by etther party, wtth fees payable to date of termination
and in accordance wtth services rendered and work completed. Tn the event of
termination or suspension of services or abandonment of the P'roject, payment
shall be made to Consultant for all servtces performed to the date of
term1 natton.
Section., 13: Oune..rshlp of...Docu~.nts. Upon termination or completion of
the work under thts Agreement, Consultant agrees to furnish to Ctty copJes of
all memoranda, correspondence, computation and study materlals tn 1ts files
pertaining to the work described in this Agreement which City requests. Ctty
agrees to hold Consultant harmless against losses and damages and costs arlsing
out of any reuse or change of satd documents by City wtthout wrttten
authorlzatton.
Sect!on 1..4: F~p.lo~ment. Consultant certifies, .by the execution of this
Agreement, that tt pays employees not less than the mtntmum wage as defJned by
law, and tt does not discriminate In its employment wtth regard to race, color,
religion, sex or nattonal ortgin; that tt ts in compliance wtth all federal,
state and local 'directives and executive orders regarding non-discrimination in
employment; and it agrees to demonstrate positively and aggressively the
principals of equal opportunity in employment.
Section 15: Attorne~f's Fees. If any actJon at law or in equtty is
necessary to enforce or Interpret the terms of this Agreement, the prevaJling
party shall be entitled to reasonable attorney's fees, costs and necessary
disbursements In addition to any other teller to which he may be entitled.
Sectton 16: Execution. Both Clty and Consultant do covenant that each
individual executing this document by and on behalf of each party Js a person
duly authorized to execute contracts for that party.
Sectlon 17: B~nd~ng.Agreement. The terms and provisions of th~s
__
Agreement shall extend to and be btndlng upon and Inure to the beneftt of heirs,
·
executors, administrators, and successors and asstgns wtth respect to the
!
parttes hereto.
Ill WITNESS MIEREOF, thts Agreement has been executed in the name of
City, by 1ts offtcers thereunto duly authorized, and Consultant, to be effective
as of the day and year ftrst above wrttten.
"CITY" CITY OF TUSTIN
ATEEST:
By
Mayor
~ Ct ty Clerk
APPROVED AS TO FORM:
0AIqES G. ROURKE
CZTY ATTORNEY
By
'CONSULTANT'
By
10
EXHIBIT "A"
.
SCOPE OF SERVICES
(Attached)
11
ROGER LEGGETT n~c.
~sossss~o~w r. s~wnvsss
20392 TIDELAND LANE
HUNTINGTON BEACH
CALIFORNIA 92646
714 962-9950
May 23, 1988
City of Tustin
Department of Community Development
300 Centennial Way
Tustin, Ca 92680
Attention: Lloyd Dick
Dear Lloyd,
This is to inform you that the contract which we have with the City of Tustin
is satisfactory. There will be no changes for the coming year.
Thank you for the opportunity of serving your city.
Sincerely,
ri/gl
ROGER LEGGETT-. mc
CONSUZllNG ENGZNF. EB
·
· STRUGTURAL ENGZNEER
· CODE CONSULTATION
20392 TIDELAND ~
HUNTR4GTON BEACH
CALIFORNIA 92.646
714 962.9950
November 13, 1986
~r. Robert ~. Balen, PlanninS Consultan~ .,
City of Tustin
300 Centennial Way
TusCin, Ca 92680
Subject: hque,~ for proposal: P~ofessiomal seFv~ces/s~c~u~al' plan review
e
Dear ~r. Balen:
'Thio letter is to inform you of the services our firm. has avaiable to offer
the City of Tus~in resardin$ plan review.
We provide review of plans for conformance to applicable codes, as adopted
and the California Eaersy .Conservation and Handicapped Access Resulations. These
codes are as follows:
1. Uniform Bulldins Code (Architectural and Structural)
2. Security Code
3. Title 2~ EnersY
&. Title 2& Hand,capped Access & ~seabtL~ty
§. National Electrical Code
6. Uniforin Mechanical Code
7. Uniform Plumbin$ Code
Our service includes pickeup and deliver7 of plans and related documents from
your office· We los in projects at the time we are notified of them and pick then
up as soon as possible. We. provide type written comment shee~s to the city and
applicant. Re-reviewin$ is done ~n a rush basis and may. be done by appointment,
if requested. Documents and approved plans are returned to ~he cit7~ As part
of our service we are available for meetinSS w~th City Staff as deemed necessary.
PTeLhainary plan review is available at no cost to you or the applicant, if the
plans are later submitted to our firm for plan review.
We have been in business over 5 years with plan review our primary service.
Our only ensineer (Eoser Le$Aec~) has been reviewtn$ plans for.over 1~ years.
We are fully insured and currently reviewin$ plans for several jurisdiccions.
Also, for your considera=ion, we consul= with experienced, l~censed Mechanical
and Electrical En~ineers on projec=s requiri~ expertise in a siren specialty.
-2-
·
Enclosed ~e a brief resume ~or Roser Le$$ett, Structural En$~neer, ~ke L~ma,
'Elecr. r~cal En$~neer and Steve Leslie, Nechan~cal En$~neer. Re~e~ences are also
~ncluded on the resume.
Our fees &re 75% of ~he plan review fees collected by.your Jurisdiction.
Thank'you for your LnquLry. ~f we can furn£sh 7ou any more ~nforma~on,
please feel..free ~o call..
S~ncerely, ..
Roser Le$$et~
Eric o
-.
EXHIBIT "B"
SPECIAL REQUIREMENTS
le
All plan check processing shall be coordinated through the City. Reviewed
plans and comments prepared by Consultant shall always come back to the
City for distribution. All meetings with applicants shall be at the City
and tnclude City staff, as available, unless otherwise authorlzed by the
Building Official.
2. With no additional cost to City, Consultant is to provide timely pick-up
and delivery of plans, on an as needed basis.
3. Mike Lima, Electrical Engineer and Steve Leslie, Mechnica'l Engineer are
hereby authorized as subcontractors.
4. Any special projects or reports requested by the City - City will set
monetary amounts for each project.
5. This Agreement shall remain in force and effect for a term of one year
unless terminated sooner pursuant to Section 12 of the Agreement. The City
reserves the right to extend the contract provided Consultant is given 30
days notice of said extension.
12
EXHIBIT "C"
SCHEDULE OF COMPENSATION
1. Payment for plan check services shall be made to Consultant by City on a
monthly basis in the amount of 75~ of the plan check fee collected by the
City.
For repetitive plans such as tracts, 25~ of the plan check fee shall be
charged for each building that is a duplicate or at an hourly rate of
$50.00 per hour, whichever fee is less.
The City's fee schedule and the most current edition of the Building
Standards Valuation Data Chart, or an approved equivalent as determined by
City shall be used by City in establishing plan check fees.
2. In the event of unusual circumstances, including but not limited to
litigation, which requires the services of Consultant for any matter for
which Consultant is not otherwise compensated, City shall compensate
Consultant at a rate of $50.00 per hour for such services. Such services
shall require prior approval of and be rendered at the direction of the
Building Official.
3. With no additional cost to City, Consultant is to provide timely pick up
and delivery of plans, on an as needed basis.
4. Compensation shall include only these items listed specifically in this
Exhibit.
5. In submitting payment requests, Consultant shall not only provide
information on payment requested but also amount of remaining contract
maximum billing.
13
EXHIBIT "D"
SCHEDULE OF PERFORMANCE
1. Plan check services shall be performed within a five (5) day minimum to a
fourteen (14) working day maximum depending on the complexity of the
project, unless otherwise agreed to by the Building Official. Building
Official reserves the right under special circumstances to request "fast
tracking" of plans under tighter schedules as mutually agreed to, on an
individual-basis, by the Consultant and Building Official. Said time for
performance shall begin the same day a pick-up request is made. Rechecks
shall be completed in two (2) to seven (7) working days.
14
CONSULTING SERVICES AGREE)lENT
D AFT
THIS AGREEMENT, made and .entered into, .to be effective this 13th day of
June
_
.........
, 1988, by and between the CITY OF TUSTZN, hereinafter
referred to as "City', and
BSI Cons...ultants,.lInCr
hereinafter referred to as 'Consultant'.
W I TN E S S ETH-
WHEREAS, City desires consultant serv{ces for plan checking of various
grading, street, storm drain, water and sewer, tract maps, landscape and
infrastructures. Building plans, State and City codes, energy and handicapped
regulations along with National Electric Code, Uniform Mechanical and Plumbing
Codes; and
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 Ma¥.25,' 198.8, a
copy of which is attached hereto as Exhibit "A", and is by this reference
incorporated herein as though set forth in full hereat (hereinafter referred to
a s the 'Proposal ').
NOW, THEREFORE, in consideration of the promises and mutual benefits which
will result to the parties in carrying out the terms of this Agreement,
City agrees to employ and does hereby employ Consultant to provide consulting
services as follows'
,Sec,:ton 1_: Scope. of. Coflsultant Services. Consultant agrees to furnish
to Ctty nece. ssary professlonal services to accomplish those tasks outllned in
the Proposal.
Section 2: ..Responstbll.t.tT.. of Consultan.t.
A. Consultant ts responsible for the professional quality, technical
accuracy, ttmely completion and coordination of all designs, drawings,
specifications, reports and other servtces furnished by Consultant under thts
Agreement. Consultant shall, without additional compensation, correct or revtse
any errors, omtsslons or other deftciencles tn 1ts designs, drawings,
specifications, reports and other services except when such revisions or
modifications are Inconsistent with approvals or 1ns:ructions previously given
by Ctty or are requtred by the enactment or revtsion of Codes or laws by
governmental agencles havtng jurlsdtctton over the project subsequent to the
preparation of such documents', drawings, or specifications.
B. Ctty's approval of drawings, designs, specifications, reports and
incidental work and materials furnished hereunder, shall not tn any way relieve
Consultant of responsibility for technical accuracy of 1ts work. Ctty's review,
approval, acceptance or payment for any of the services shall not be cons:rued
as a waiver of any rtghts under thts Agreement or of any cause of action arising
out of the performance of tht s Agreement.
C. Consultant shall be, and shall remain, liable in accordance with
applicable law, for all damages to City caused by Consultant's negligent
performance of any of the services furnished under this Agreement, except for
errors, omisslons or other deficiencies to the extent attributable to the City,
Ctty furnished data, or any third party. Consultant shall not be responsible
for any time delays in the Project caused by circumstances beyond Consultant's
control.
D. Consultant's obligations under thts Section are tn addition to
Consultant's other express or tmplled assurances under thts Agreement or state
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law, and Jn no way dtmtntsh any other rtghts that C~ty may have against
Consultant for faulty materials, equipment or work.
Section...3: Responsibility of Ctty.
A. C~ty shall designate a representative authorized to act in Ctty's
behalf wtth respect .to the Project.
B. Ctty agrees~to furnish to Consultant the following:
Plans, calculations and related data whtch upon submittal are ready
for plan check.
City warrants that to the best of City's information and knowledge, the
information and documents furnished to Consultant are accurate and that
Consultant shall be entitled to rely, in good faith, on the accuracy and
completeness ~hereof.
C. City shall examine documents submitted and render approval and
decisions pertaining thereto in a reasonably prompt manner, so as to avoid
unreasonable delay in the orderly progress of services.
D. City shall perform the following:
Phone contact to consultant for plan pickup by consultant. Meetings
with consultant at consultant request or City request.
Sectton 4: Compensation. Compensation for Consultant's services shall
be paid by City to Consultant as follows'
Monthly. upon request and submitted invoices by consultant.
(SEE EXHIBIT "C", ATTACHED HERETO)
Sectton 5: Payment.
A. Consultant shall submit monthly statements requesting payment for
those items included in the Proposal. Such requests shall be based upon the
amount and value of the work and services performed by Consultant under this
Agreement, and shall be prepared by Consultant and accompanied by such
supporting data, including a detailed breakdown of all costs incurred and all
tasks performed during the period covered by the statement, as may be required
by City.
Upon approval of such payment request by City, payment shall* be made to
Consultant as soon as practicable of 100% of the invoiced amount, provided,
however, that if City determines that the work under this Agreement or any
specified task hereunder is incomplete, the amount or payment is in excess of
the amount considered by City's Director of Finance to be adequate for the
protection of City, he may, at his discretion, retain an amount not to exceed
ten percent (10%) of such payment request.
B. Upon satisfactory completion by Consultant of the work called for
under the terms of this Agreement, and upon acceptance of such work by City,
Consultant will be paid the unpaid balance of any money due for such work,
including any retained percentages relating to this portion of the work.
C. Upon satisfactory completion of the work performed hereunder, and
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p'rior to ftnal payment under thts Agreement for such work, or prior settlement
upon termination of this Agreement, and ~s a condition precedent thereto,
Consultant shall execute and deliver to Ctty a release of all claims against
City artstng under or by virtue of thls Agreement other than the such clalms, If
any, as may be specifically exempted by Consultant from the operation of the
release tn stated amounts to be set forth theretn.
Sectton 6: Sta~nt of Costs. Pursuant to the provisions of
ii i i1~1 iii ii
California Government Sectton 7550, the total amount expended by Ctty relating
to the preparation of the report and documents prescribed herein shall be set
forth wlthln the ftnal edltion of any wrttten reports produced by Consultant,
thereof, in a separate sectton, In a statement substantially as follows:
"Pursuant to California Government Code Sectlon 7550. the City Tustin
expended the total amount for the preparation of this report and/or documents."
Section 7: Subcontracts.
A. Any subcontractors and outstde associates or subconsultants requtred
by Consultant In connection with the servtces covered by this Agreement will. be
ltmited to such Individuals or ftrms as are specifically approved by Ctty during
the performance of thts Agreement. Any substitution in such subcontractors,
associates or subconsultants will be subject to the prior written approval of
City.
B. It ts expressly understood that in the event Consultant does require
expertise in other fields, no portion of the work shall be assigned or
subcontracted without the prior written approval of Ctty.
Sect1 ,on 8: Changes.
A. In the event of a change in the scope of work provided for in the
Proposal and this Agreement, requested by Ctty, t'he parties hereto shall execute
an addendum to this Agreement, setting forth wtth part-icularlty all terms of the
new Agreement, Including but not 11mlted to any .additional Consultant's fees.
Change orders may include, but not be 11mtted to, the following:
1. Revisions or modifications to documents, drawings, or
specifications when such revisions or modifications are
inconsistent with approvals or tnstructlons previously given or
are required by the enactment or revtsion of Codes or laws by
governmental agenctes havtng jurisdiction over the project
subsequent to the preparation of such documents, drawings or
specifications;
2. Providing consultation concerning replacement of any work damaged
by ftre or other cause durtng construction, and furnishing
professional servtces as may be required in connection with
replacement of such work;
3. Providing servtces not otherwise tncluded in this Agreement or
not customarily furnished I n accordance wtth generally accepted
practice of landscape architecture.
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B. Change orders shall be compensated at the following personnel hourly
rates (where applicable, rates apply to travel time):
SEE EXHIBIT "C", ATTACHED HERETO.
~ectton 9:
Indemnity. Consultant shall perform all services required
under this-Agreement tn a careful, diligent and professional manner and shall be
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responsible for all errors and omissions tn connection with the services
performed by Consultant under the terms of thts Agreement, and Consultant shall
defend, Indemnify and save harmless Ctty and 1ts offtcers and employees thereof
from all clatms, sults, or other actlons of every name, klnd and description,
brought for, or on account of, tnjurles to o~. death of any person tncludlng but
not limited to workmen In the public, or damage to property resulting from any
willful misconduct or negligent acts, errors or omissions committed
by Consultant durtng the performance of the servtces rendered under this
Agreement, save and except clatms artstng through the sole and excluslve
negligence or sole and exclusive wtllful misconduct of City and its officers,
employees and agents. The defense and Indemnification by Consultant shall
tnclude all costs and expenseS, Including attorney's fees, incurred by Ctty or
1ts employees, offtcers or agents wtth respect to such clatm, suit or actton of
every name. Consultant shall, tf requested by CttY, defend any litigation
arising out of such clatm at the sole cost and expense of Consultant. In
addttton to any remedy authorized by law, so much of the money due Consultant
under and by vtrtue of thts Agreement as shall be considered necessary, in the
sole discretion of Ctty, may be retatned by Ctty until disposition has been made
of such clatm or clatms for damages as aforesaid.
Sectton lO: [ndependent Contractor. The legal relatlonshtp between the
parties hereto ts that of an independent contractor and nothing herein shall be
deemed to make Consultant and/or any of its agents, servants or employees an
employee or agent of City.
$.ectton' 11- Publlcit7. In the event that City releases or displays
materials prepared by Consultant to third parties containing materials such as
pho;cographs, drawings, graphic presentations and designs Consultant shall be
credited for said work.
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Sectton '12- Termination. Services may be terminated at any time upon
written notification by either party, with fees payable to date of termination
and in accordance with services rendered and work completed. In the event of
termination or suspension of services or abandonment of the Project, payment
shall be made to Consultant for all services performed to the date of
termi nati on.
Section.13: Ounershtp of Ooc.umen.ts. Upon termination or completion of
the work under this Agreement, Consultant agrees to furnish to City copies of
all memoranda, correspondence, computation and study materials in its files
pertaining to the work described in this Agreement which City requests. City
agrees to hold Consultant harmless against losses and damages and costs arising
out of any reuse or change of said documents by City without written
authorization.
Section 14: Emplolment. Consultant certifies, by the execution of this
Agreement, that it pays employees not less than the mtntmum wage as defined by
law, and it does not discriminate in its employment with regard to race, color,
religion, sex or national orlgtn; that it is in compliance with all federal,
state and local directives and executive orders regarding non-discrimination in
employment; and tt agrees to demonstrate positively and aggressively the
principals of equal opportunity in employment.
Section...!5: Attorne¥'s...Fees. If any action at law or in equity is
necessary to enforce or interpret the terms of this Agreement, the prevailing
party shall be entitled to reasonable attorney's fees, costs and necessary
disbursements in addition to any other relief to which he may be entitled.
Section 16: Execution. Both City and Consultant do covenant that 'each
individual executing this document by and on behalf of each party is a person
duly authorized to execute contracts for that party.
Sectto. 17: Btndln§ Agreement. The terms and provisions of this
Agreement shall extend to and be binding upon and Inure to the benefit of hetrs,
executors, administrators, and successors and assigns with respect to the
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parties hereto.
[11 WITNESS MIEREOF, this Agreement has been executed in the name of
City, by its officers thereunto duly authorized, and Consultant, to be effective
as of the day and year first above wrltten.
'crrY' CITY OF TUSTIN
ATTEST '.
By
Mayor
City Clerk ' '
APPROVED AS TO FORM:
,]AMIES G. ROURKE
CITY ATi'ORIIEY
By
"CONSULTANT'
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EXHIBIT "A"
SCOPE OF SERVICES
(Attached)
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CONSULTANTS, INO.
Consultants to Governmental Agencies
May 25, 1988
Ms. Christine Shingleton
Director of Community Development
City of Tustin
300 Centennial Way
Tustin, California 92680
SUBJECT: Contract Renewal for Building
Plan Check
Dear Ms. Shingleton:
BSI Consultants, Inc., is pleased to renew the contract for
Building Plan Check services for the new fiscal year with the
City of Tustin as per the original proposal of November, 1986.
The consultant fees and the invoice and payment process remains
the same. The contract is satisfactory to BSI, and BSI is in
agreement with the attached Exhibits.
BSI is committed to a high standard of quality and we will do our
utmost to satisfy the City's needs.
If you have any questions, please contact me at (714) 558-1952.
Very truly yours,
BSI Consultants, Inc.
Josef Ming, P.E.
Senior Associate
Director Plan Check Services
JM:mr
1415 East 17th Street · Santa Ana, California 92701 · (714) 558-1 952 · FAX (714) 543-7473
EXHIBIT "B"
SPECIAL REQUIREMENT~
1. With no additional cost to City, Consultant is to provide timely pickup and
delivery of plans on as needed basis.
2. All plan check processing and plan transmittals shall be provided at Tustin
City Hall. Reviewed plans and comments prepared by ,Consultant shall always
come back to the City for distribution to applicants. Should issues need
resolution or review' of plans in person is desired, appointments with
applicants shall be at the City and include City staff, as available,
unless otherwise authorized by Building Official. If authorized by
Building Official, Consultant in the interest ,of expediency and improved
service to public may deal directly with applicant.
3. This Agreement shall remain in force and effect for a term of one year
unless terminated sooner pursuant to Section '12 of the Agreement. The City
reserves the right, to extend the contract provided Consultant is given 30
days notice~ of said extension.
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EXHIBIT "C"
SCHEDULE OF 'COMPENSATION
1. Payment for building plan check services shall be made to Consultant by
City on a monthly basis in the amount of 75% of the plan check fee
collected by the City or 65% of the plan check fee for buildings with
valuation of work exceeding $1,000,000.
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For repetitive plans such as tracts, 25% of the plan check fee shall be
charged for each building that is a duplicate. The 25~ will be based on
the reduced fee as charged by the City.
The City's fee schedule and the most current edition of the Building
Standards Valuation Data Chart, or an approved equivalent as determined by
City shall be used by City in establishing plan check fees.
2. In the event of 'unusual circumstances, including but not limited to
litigation, which requires the services of Consultant for any matter
related to building services for which Consultant is not otherwise
compensated, City shall compehsate Consultant at a rate of $52.00 per hour
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for such services. Such services shall require prior approval of and be
rendered at the direction of the Building Official.
3. Payment for infrastructure plan check services shall be made to Consultant
.
by City on a monthly basis in the amount of 50% of the Public Improvements
Inspection and Plan.Check Fee collected by the City.
4. Should the City wish to have Consultant perform infrastructure plan check
and field inspections services, said services shall be compensated in the
amount of 85% of the Inspection and Plan Check for Public Improvements.
Should the City wish to have Consultant perform plan ~hecking for on-site
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Exhibit "C" Cont
Page two
grading, hydrology and hydraulic calculations and drainage plans, the
Consultant's fee shall be 80~; of City's "Gradtng and Prlvate Improvement
Fees."
6. Should the City elect to have Consultant check subdivision tract or parcel
maps for conformance with the subdivision Nap Act, Orange County
Monumentation requirements, and City conditions, compensation for such plan
check shall be per the following fee schedule:
Tract Map $1,000 per map plus $10..00 per lot,
Parcel Map $ 700 per map plus $25.00 per 'parcel
Or $300 per sheet of map, whichever Is greater
7. Should the Clt~Y elect to have Consultant check landscaping and irrigation
plans· the Consultant's fee' shall be $55.00 per hour.
8. With no additional costs to City, Consultant ts to provide timely pick-up
and delivery of plans, on an as-needed basis.
9. Compensation shall include only these items specifically indicated in this
Exhtbtt.
10. In submitting payment requests, Building Official shall not only provide
information on payment requested but also amount of remalning contract
maximum billing.
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EXHIBIT "D"
&
SCHEDULE OF PERFORMANCE
1. Plan check services shall be performed within a five (S) day minimum to a
fourteen (14) working day maximum depending on the complexity of the
project, unless otherwise~.agreed to by Building Official. Building
Official reserves the righ'~t under special circumstances to request "fast
tracking" of plans under tighter schedules as mutually agreed to, on an
individual basis, by the Consultant and Building Official. Said time for
performance shall begin the same day a pick-up request is made. Rechecks
shall be completed in two (2) to seven (7) working days.
2. When requested, inspections shall be performed within time schedule
requested by the Building Official.
3. A schedule for special projects and reports shall be as agreed by
ConsL~ltant and Building Official and shall be incorporated herein
reference.
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