HomeMy WebLinkAboutCC 12 PROFESS SVCS. 01-05-87DATE:
JANUARY 5, 1986
~"i ........ _ ~. - -
CONSENT CALENDAR
NO. 12
1-5-87
Inter- Corn
TO:
FROM:
SU BJ ECT:
WILLIAM A. HUSTON, CITY F, ANAGER
CQHHUNITY DEYELOPttENT DEPARTNENT
AUTHORIZATION FOR PROFESSIONAL SERVICES/STRUCTURAL PLAN CHECI(
AI~ IgFRASTRUCTURE SERVICES
RECC~ENDATION:
It is recommended that the City Council approve agreements with the firms of
Melad & Associates, Roger Leggett, Inc., BSI Consultants, Inc. and GPS
Consulting Engineers and authorize the City Manager to execute said agreements
subject to City Attorney approval as to form.
BACKGROUND AND DISCUSSION:
Current workloads in the Department of Community Development as well as
increased activity expected with the processing of plans for development within
the East Tustin Specific Plan area have significantly affected the Department's
ability to provide plan check services in a timely and effective manner.
Appropriately, the Community Development Department recently requested proposals
for professional services in the area of structural building plan check and
on-site infrastructure plan check (i.e. streets, curbs, gutters, sidewalks,
storm drains, sanitary sewers).
In requesting services, it was staff's desire to select more than one firm to
obtain maximum flexibility, expand specific areas of expertise and to reduce any
backlog in plan checking of submitted construction plans. Firms were also asked
to perform initial plan check services within a maximum time frame of 14 working
dates and under special circumstances to "fast track" review of plans and to
complete rechecks in two (2) to seven {7) working days. In requesting
infrastructure plan check services, staff was also desirous of a firm with
engineering capability to prepare design standards for on-site infrastructure
improvements and to complete a grading ordinance required by the East Tusttn
plan.
Eight responses to the City's request for proposal were received. After'
extensive review and reference checks, staff has selected those firms shown on
Exhibit A as the most qualified. As summarized in Exhibit A, compensation for
plan check service varies from one firm to another. Generally, with the
exception of special requested services such as preparation of a grading
ordinance and special design standards, compensation of consultants will be
off-set by City collected building permit fees.
CHRISTINE SHINGLETON, d/
Director of Community Development
CS:do
STRUCTURAL PLAN CHECK AND
INFRASTRUCTURE PLAN CHECK AND
INSPECTION SERVICES
FIRM
MELAD & ASSOCIATES
ROGER L£GGETT, INC.
BSI CONSULTANTS, INC.
GPS CONSULTING
ENGINEERS
TYPE OF SERVICE
Structural Plan check
and inspection
Structural plan check'
Infrastructure plan check
and inspection
Infrastructure plan check
Community Developmem Departmem
SUMMARY OF FEES
65% of plan check fee;
$35 per hour for
inspection
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
50% of city schedule
for infrastructure plan
check; 85% of schedule
to include inspection;
hourly schedule is
$46-76 for special
services; fixed rate
for tract review -
1,O00 + $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
CONTRACT -.
SERVICES AGREEMENT
THIS AGREEMENT FOR CONTRACT SERVICES (herein "Agreement"), is made and
entered into by and between the CITY OF TUSTIN (herein "City"), a municipal
corporation and BS! Consultants, Inc. (herein
"Contractor").
The parties hereto agree as follows:
'1.0 SERVICES OF CONTRACTOR
1.1 Scope 'of Services. In compliance with all terms and conditions of
this Agreement, the Contractor shall provide those services specified in
the "Scope of Services" attached hereto as Exhibit "A" and incorporated
herein by this reference, which services may be referred to herein as the
"services" or "work" hereunder. Contractor warrants that all services will
be performed in a competent, professional and satisfactory manner in
accordance with the standards prevalent in the industry.
1.2 Contractor's Proposal. The Scope of Services shall include the
Contractor's proposal or bid which shall be incorporated herein by this
reference as though fully set forth herein. In the event of any
inconsistency between the terms of such proposal and this Agreement, the
terms of this Agreement shall govern.
[.3 Compliance with Law. All services rendered hereunder shall be
provided in accordance with all ordinances, resolutions, statutes, rules,
and regulations of the City of T~sttn and any Federal, State or local
governmental agency of competent jurisdiction.
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1.4 Licenses and Permits. Contractor 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, Contractor
warrants, that (a) he has thoroughly investigated and considered the'work to
be performed, (~ted the site of the work and fully
acquainted himself with the conditions there--(c) he has carefully
considered how the work should be performed, and (d) he fully understands
the facilities, difficulties and restrictions attending performance of the
work under this Agreement. Should the Contractor discover any latent or
unknown conditions materially differing from those inherent in the work or
as represented by the City, he shall immediately inform City of such fact
and shall not proceed except at Contractor's risk until written
instructions are received from the Contract Officer.
1.6 Care of Work. The Contractor shall adopt reasonable methods during
the life of the Agreement to furnish continuous Protection to the work, and
the equipment, materials, papers and other components thereof to prevent
losses or damages, and shall be responsible for all such damages, to
persons or property, until acceptance of the work by City, except such
losses or damages as may be caused by CitY's own negligence.
1.7 Additional Services. In accordance with the terms and conditions of
this Agreement,'the Contractor shall perform services in addition to those
specified in the Scope of Services (Exhibit "A") when directed to do so by
the Contract Officer, provided that Contractor shall not be required to
perform any addft~onal servtces w~thout compensation. Any'addttfOn ~n
compensation not exceeding ten percent (~0~) of the Contract sum may be
approved b~ the Contract Officer. Any greater ~ncrease must be approved by
the C~ty ~anager.
1.8 SPectal Requirements. Additional terms and conditions of th~s
Agreement, tf any, which are made a part hereof are set forth ~n the
'Special Requirements" attached hereto as Ex~btt "B" and ~ncorporated
here~n by th~s reference. In the event of a conflict between the
provisions of £xh~btt "8' and any other provisions of th~s Agreement, the
provisions of Exhibit "B" shall govern.
2.0
COHPENSATION
2.1 For the servtces rendered pursuant to th~s Agreement, the Contractor
shall be compensated fn accordance wtth ~he "Schedule of Compensation"
attached hereto as Exhtb~t "C" and tncorporatad here~n by th~s reference.
The method of compensation may ~nclude a lump sum payment upon completion,
payment tn accordance wtth the percentage of completion of the servfces,
payment for ttme and matarta~s based upon the Contractor's rates as
specified tn Exhibit "C", but not exceedfng the Contract Sum, or such other
methods as may be specified tn the Schedule of Compensatfon (Exhibit "C").
Compensation may fnclude refmbursement for actual and necessary
expendltures for reproduction costs, transportation expense, telephone
expense, premtums for bonds and Insurance, and s~mtlar costs and expenses
when and tf specified fn the Schedule of Compensation (Exhibit "C").
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2.2 Method of Payment. Any month tn whtch Contractor wishes to receive
payment, no later than the first (lst) worktng day of such month,
Contractor shall submtt to the C~ty Jn the form approved by the City's
Otrector of Ftnance, an Invotce for services rendered prior to the date of
the tnvotce. Ctty wf~1 pay Contractor for a~l expenses stated thereon
which are approved by Ctty pursuant to thts Agreement no later than the
last workJng day of said month.
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3.0 PERFORMANCE SCHEDULE
of Essence.
Time ts of the essence In the er '
3.2 Schedule of Performance. All servtces rendered pursuant to this
Agreement shall be performed within the t~me pertod established fn the
"Schedule of Performance" attached hereto as Exhibit "D" and incorporated
herefn by thts reference, Extensions to the ttme period specified in the
Schedule of Performance may be approved in writing by the Contract Offtcer.
3.3 Force Majeure. The ttme pertod specified in the Schedule of
Performance (Exhlbtt "O") for performance of the services rendered to this
Agreement sha~l be extended because of any de~ays due to unforeseeable
causes beyond the control and without the fault or negligence of the
Contractor, including, but not restricted to, acts of God or of the publlc
enemy, acts of the Government, fires, earthquakes, floods, epidemic,
quarantJne restrictions, rtots, strfkes, freight embargos, acts of any
governmental agency, and unusually severe weather if the Contractor shall
within ten (10) days of the commencement of such delay notJfy the
Contracting Officer shall ascertain the facts and the extent of delay, and
extend the ttme for performing the services for the period of the enforced
delay whed and tf in his Judgment such delay ts justified, and the
Contracting Officer's determination shall be final and conclusive upon the
parties to this Agreement.
3.4 Term. Unless earlier terminated in accordance with Sectton 7.5 of
this Agreement, this Agreement shall continue, in full force and effect
until completion of the services but not exceeding one (1) year from the
date hereof, except as otherwise provided in the Schedule of Performance
(Exhibit "0").
4.0 COORDINATION OF WORK
4.1 Representative of Contractor. The following principals of Contractor
are hereby designated as being the principals and representatives of
Contractor authorized to act in its behalf with respect to the work
specified herein and make all decisions in connection therewith:
Building Plan'Check Services Infrastructure Plan Check Services
Jeff Cooper
Scott R. Fazekas
1415 E. Seventeenth Street . 1415 E. Seventeenth Street
Santa Ana, Ca. 92701 Santa Ana, Ca. 92701
It is expressly understood that the experience, knowledge, capability and
reputation of the foregoing principals were a substantial inducement for
City to enter into this Agreement. Therefore, the foregoing principals
shall be responsible during the term of this Agreement for directing all
activities of Contractor and devoting sufficient time to personally
supervise the services hereunder. The foregoing principals may not be
changed by ContractOr without the express written approval of City.
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5.0
4.2 Contract Officer. The Contract Officer shall be such person as may be
designated by the City Manager of City. It shall be the Contractor's
responsibility to assure that the Contract' Officer is kept informed of the
progress of the performance of the services and the Contractor 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 A~atnst Subcontractin~ or As.si~nment. The experience,
knowledge, capability and reputation of Contractor, its principals and
employees were a substantial inducement for the City to enter into this
Agreement. Therefore, Contractor 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
operatto~ of law, without the prior written approval of City.
4.4 Independent Contractor. Neither the City nor any of its employees
shall have any control over the manner, mode or means by which Contractor,
its agents or employees, perform the services required herein, except as
otherwise set forth. Contractor shall perform all services required herein
as an independent contractor of City and shall remain at all times as to
City a wholly independent contractor with only such obligations as are
consistent with that role. Contractor 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.
INSURANCE, INDEMNIFICATION ANO BONDS
5.1 Insurance. The Contractor shall procure and maintain, at its'cost,
and submit concurrently with its execution of this Agreement, public
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liability and property damage insurance against all clatms for injuries
against persons or damages to property resulting from Contractor's acts or
omissions rising out of or related to Contractor's performance under this
Agreement. Contractor shall also carry Norkers' Compensation Insurance in
accordance with State Norkers' Compensation laws. Such insurance shall be
kept in' effect during the term of this Agreement and shall not be
cancellable without thirty (30) days' written notice of proposed
cancellation to City. A certificate evidencing the foregoing and naming
the City as an additional insured shall be delivered to and approved by the
City 'prior to commencement of the services hereunder. The procuring of'
such insurance of the delivery of policies or certificates evidencing the
same shall not be construed as a limitation of Contractor's obligation to
indemnify the City, its contractors or employees. The amount of insurance
requtred hereunder shall include comprehensive general liability, personal
tnJury and automobile liability with lfmtta of at least $1,000,000 combined
stngle ltmtt per occurrence and professional liability coverage with limits
of at least $500,000 combined stngle ltmtt per occurrence.
5.2 Indemnification. The Contractor shall defend, indemnify and hold
harmless the City, its officers, agents 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(s), for damage to property (including property owned by the City)
and for errors and omissions committed by Contractor, its officers,
employees and agents, arising out of or related to Contractor's performance
under this Agreement, except for such loss as may be caused by City's sole
negligence or that of its officers, agents or employees.
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S~Performanc~e Bond. Concurrently with execution of this Agreement,
Contra~shall deliver to City a performa, nce bond in the penal sum of the
amount of ~greement, in the form provided by the City Clerk, which
~ecures the fa,th~erfor.nce of th~s Agree.nt. un~ess such requtre.nt
Is waived by the Con. Officer. The bond shall con.in the original
n~tart~ed_s~ature of an_~rfzed offfcer of the surety and afffxed
[heretb shall be a_ cer:tfted un. rent copy of h~s p~er of attorney.
The_~ond shal_l_ re~fn f_n force during ~t~e term of the Agree~nt and
6.0
RECORDS AND REPORTS
6.1' Reports. Contractor 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. Contractor shall keep such books and records as shall be
necessary to 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. All drawings, specifications, reports,
records, documents and other materials prepared by Contractor 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 Contractor shall have no claim for
further employment or additional compensation as a result of the exercise
by City of its full rights of ownership of the documents and materials
hereunder. Contractor may retain copies of such documents for its own use.
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shall have an unrestricted right to use the concepts embodied therein.
6.4 Release of Documents. The drawings, specifications, reports, records,
documents and other materials prepared by Contractor in the performance of
'services under this Agreement shall not be released publicly without the
prior written approval of the Contract Officer.
7.0 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 Contractor
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. 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.
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7.3 Waiver. No delay or omission tn the exercise of any right or remedy
of a nondefaulttng party on any default shall impair such right or remedy
or be construed as a waiver. City's consent or approval of any act by
Contractor requiring City's consent' or approval shall not be deemed to
waive or render unnecessary City's consent to or approval of any subsequent
act of Contractor. 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 tt, 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, or to obtain
any other remedy consistent with the purposes of this Agreement.
dLtquidated Damages. Since the determination of actual damages for any
n performance of this Agreement would be extremely difficult or
to determine in the event of a breach of this Agreement, the
its sureties shall be liable for and shall pay to the City
as liquidated damages for each working day of
delay in the pe~rmance of any service required hereunder, as specified in
the Schedule of PeP~rmance (Exhibit "D"). The City may withhold from any
monies payable on ac~unt of services performed by the Contractor any
accrued liquidated damage~
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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 Contractor, except that where termination is
due to the fault of the Contractor and constitutes an immediate danger to
the 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, Contractor shall immediately cease all services hereunder
except such as may be specifically approved', by the Contract Officer.
Contractor 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 in accordance with the
Schedule of Compensation (Exhibit "C") or such as may be approved by the
Contract Officer.
7.8 Termination for Default of Contractor. If termination is due to the
failure of the Contractor 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 Contractor 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 mtttgte such damages), and City may withhold any
payments to the Contractor for the purpose of setoff or partial payment of
the amounts owed the City as previously stated.
7.9 Attorneys' Fees. If either party commences an action against the
other party arising out of or in connection*with this Agreement, the
prevailing party shall be entitled to recover reasonable attorneys' fees
and costs of suit from the losing party.
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8.0 CITY OFFICERS AND EMPLOYEES; NON DISCRIMINATION
8.1 Non-liability of City Officers and Employees. No officer or employee
of the City shall be personally liable to the Contractor, 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 Contractor or to its successor, or fer
breach of any obligation of the terms of this Agreement.
8.2 Conflict of Interest. No officer or employee of the City shall have
any personal interest, direct or indirect, in this Agreement nor shall any
such officer or employee participate in any decision relating to the
Agreement which affects his personal interest or the interest of any
corporation, partnership or association in which he is, directly or
indirectly, interested, in violation of any State statute or regulation.
The Contractor warrants that it has not paid or given and will not pay or
give any third party any money or other consideration for obtaining this
Agreement.
8.3 Covenant a~atnst Discrimination. Contractor covenants that, by and
for itself, its heirs, executors, assigns, and all persons claiming under
or through them, it pays employees not less than the minimum wage as
defined by law and that there shall be no discrimination against or
segregation of, any person or group of persons on account of race, color,
creed, religion, sex, marital status, national origin, or ancestry in the
performance of this Agreement. Contractor shall take affirmative action to
insure that applicants are employed and that employees are treated during
employment without regard to their race, color, creed, religion, sex,
marital status, national origin, or ancestry.
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9.0 HISCELLANEOUS PROVISIONS
9.1 Notice. Any notice,' demand, request, consent, approval, communication
either party desires or ts required to give to the other party or any othe~
person shall be tn writing and either served personally or sent by
pre-paid, first-class mil to the address set forth belOW. Either party
my cha~ge its address by notifying the other party of the change of
address in writing. Notice shall be deemd con~unicated in forty-eight
(48) hours from the time of roiling if mailed aS. provided in this Section.
To City:
CITY OF TUSTIN
300 Centennial Way
Tustin, CA 92680
Attention: Contract Officer
Christine Shtngleton, Otrector of Community Development
H. Z. Foroutan, P.E.
TO CONTRACTOR:
Josef Mtn~ Butldtn~ Plan Check
BSI Consultants, Inc. Infrastructure Plan Check Service
1415 E. Seventeenth Street
Santa Aha, Ca. 92701
9.2 Integrated Agreement. 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.
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g.4 Severabtltt¥. In the event that any one or mere of the phrases,
sentences, clauses, paragraphs, or sections contained in tht's Agreement
shall be declared invalid or unenforceable by a valid judgment or decree of
a court of competent jurisdiction, such invalidity or unenforceabiltty
shall not affect any ' of the reeatntng phrases, sentences, clauses,
~aragraphs, or sections of this Agreement which shall be interpreted to
carry out the intent of the parties hereunder.
g.5 Corporate Authority. The persons executt, n.g 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 OF TUSTIN
DATED:
City Manager, City of Tusttn
CONSULTANT
DATED:
APPROVED AS TO FORM:
JAMES G. ROURKE
Vice President
(Manager, Building & Safety)
City Attorney
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Vice President
(Manager, Civil)
EXHIBIT "A"
SCOPE OF SERVICES
PROPOSAL TO
CITY OF TUSTIN
FOR
INFRASTRUCTURE PLAN CHECKING SERVICES
November 14, 1986
Prepared by:
BSI CONSULTANTS, INC.
1415 East Seventeenth Street
Santa Ana, CA 92701
985 hy
CONSULTANTS, IN(::.
Consultants to Governmental Agencies
'November 14, 1986
Mr. Robert W. Balen
Planning Consultant
City of Tustin
300 Centennial Way
Tustin, CA 92680
SUBJECT= Proposal for Infrastructure Plan Checking Services
Dear Mr. Balen:
In response to your letter of Request for Proposal/Infra-
structure Services dated October 20, 1986, PSI CONSULTANTS,
INC. is pleased to submit this proposal for Infrastructure
Plan Checking services.
We have included within this statement the following sec-
tions:
Introduction -
The Company, Principals, Range
of Services, Etc.
Scope -
Scope of Work
Scope of Additional Work
Experience -
List of Plan Checking Projects
Project Team -
Plan Checking Process
Plan Checking Team
Resume
Fee -
Plan Checking Fees
Construction Inspection Fees
Appendix - Letter of Request for
Consulting Services
To summarize our unique qualifications please note that:
PSI CONSULTANTS, INC. is committed to providing
· consulting services exclusively to governmental
agencies, primarily municipalities. As such, a
conflict of interest can never occur in represent-'
lng the City's interest.
1415 East 17th Street. Santa Ana, California 92701 . (714] 558-1952
A Berm/man & Stephenson Industries Company
Mr. Robert W. Balen
November 14, 1986
Page -2-
BSI CONSULTANTS, INC. actinD as City Engineer for a
number of cities i~ Southern Caliornia has exper-
ienced similar demands for public services created
by rapid growth and has instituted programs to ad-
minister to these demands.
BSI CONSULTANTS, INC. is a full service engineering
company providing a full range of services required
in municipal engineering, including:
Surveying, including Tract and Parcel map
checking.
be
Civil Design, including checking grading plans
and hydrology and hydraulic calculations; es-
tablishing design criteria policy for on-site
and public works improvements.
Inspection, including on-site and off-site in-
spection.
BSI CONSULTANTS, INC. provides plan check services
to a number of cities in Orange, San Diego, and Los
Angeles Counties on a regular basis, and as such
the plan checking group is composed of highly qual-
ified professionals.
BSI CONSULTANTS, INC. has continued to be a growing
organization due to tke company's commitment to
serve municipalities and governmental agencies with
effective and timely service· The company currently
employs over 156 personnel of which more than 44
are licensed professionals· We make a commitment to
focus on the client's goals as to engineering pro-
duct and schedule and we commit the resources nec-
essary to achieve those goals.
BSI appreciates the opportunity to submit this proposal and
we look forward to working with the City on this important
endeavor.
Sincerely,
P.E.
~ PrO ~'ec t Manager
MZF:lw
INTRODUCTION
THE COMPANY
BSI CONSULTANTS, INC., a Berryman & Stephenson Industries
company, is an independent firm of experienced professionals
specializing in providing a broad scope of management,
engineering, landscape architectural, computer systems, and
planning services to governmental agencies, and community
associations.
The Principals and Associates of BSI have extensive public
agency experience serving in the positions of City Engineer,
Public Works Director, Traffic Engineer, Planning Director,
District Engineer, and Landscape Architect. This extensive
experience, coupled with BSI's service .to over 200 cities and
other public agencies, assures the client that the firm has
the broad based understanding and appreciation of the
problems, and the resulting solutions, necessary for efficient
governmental agency operations in today's complex urban
environment.
The firm is experienced in operating under a variety of
working relationships including multi-disciplinary planning/
engineering/management teams, citizen participation groups,
and professional organizations. In this regard, BSI offers
comprehensive professional consulting services in virtually
every area of engineering, planning, management, landscape
architecture, and contract administration required by a
public agency or community association. The wide range of
capabilities available to our clients is shown in the firm's
"Range of Services" section. Specialized services within
the disciplines are available for adaptation to an agency's
special needs.
BSI recognizes the client's concern for high quality
performance and precise communications when utilizing the
services of a consultant. Close interaction with the Client
is considered an essential part of BSI's consulting services.
The Company is co~%u%%itted to providing our clients personal-
ized service by assigning a qualified project manager to
direct each project and act as the consultant's client
liaison. This project manager will remain with the project
to completion, coordinating all phases of the project,
attending pre-scheduled project meetings, and providing the
client with timely project status reports.
In accordance with bur quality control program, a Principal
is assigned who will follow the project through to completion
and provide a careful review for accuracy and quality
before submittal to the client.
RANGE OF SERVICES
BSI CONSULTANTS, INC. offers comprehensive professional
consulting sprvices within the following disciplines:
AIRPORT FACILITIES
ASSESSMENT DISTRICTS
CADASTRAL SURVEYING
COMMUNITY REDEVELOPMENT
CONSTRUCTION INSPECTION
CONSTRUCTION MANAGEMENT
COST ESTIMATING
DESIGN AND CONSTRUCTION SURVEYING
ENIrIRONMENTAL PLANNING
EXPERT WITNESS TESTIMONY
FLOOD CONTROL AND DRAINAGE
FUNDING APPLICATIONS AND REPORTS
LAND SURVEYING
LANDSCAPE ARCHITECTURE
LANDSCAPE MAINTENANCE MANAGEMENT
MUNICIPAL ENGINEERING
PARKS AND GREENBELTS
PAVEMENT EVALUATION
PAVEMENT MAINTENANCE MANAGEMENT
PLAN AND MAP CHECKING
REAL PROPERTY APPRAISAL
RIGHT OF WAY ENGINEERING
SANITARY SEWER SYSTEMS
SPECIFICATION WRITING
STORM DRAIN FACILITIES
STREET AND HIGHWAY DESIGN
STREET LIGHTING DESIGN
TRAFFIC OPERATIONS AND DESIGN
TRANSIT PLANNING/OPERATIONS
TP. ANSPORTATION PLANNING
URBAN AND REGIONAL SYSTEMS
UTILITY NETWORKS AND MASTER PLANS
WASTEWATER FACILITIES
WATER SYSTEMS
Through its Management Systems Division, BSI CONSULTANTS,
offers the following'unique professional contractual
services:
INC.
PUBLIC WORKS DIRECTOR
CITY ENGINEER
TRAFFIC ENGINEER
LANDSCAPE ARCHITECT
RIGHT OF WAY ENGINEER
REDEVELOPMENT ENGINEER
SPECIAL DISTRICTS MANAGEMENT
DISTRICT ENGINEER
SPECIALIZED CONSULTING TO
AGENCY ADMINISTRATION
DEPARTS~./~TAL OPERATIONS AUDIT
MULTI-JURISDICTIONAL COORDINATION
GRANTS & FUNDING APPLICATIONS
COMPUTER-AIDED OPERATIONS &
INVENTORIES
MAINTENANCE MANAGEMENT SYSTEMS
C~neral Maturer
Alan Ar=hibald
Dir~ctm= of Public
Services/City E~ineer
Fr~ ~eshi~
Ci~ ~er
~n ~11~
Ci~ 5~ger
Willi~ Br~shaw
Pr~i~s ~er
Carl B~ks
~lic ~s Di~=or
~ Ca~es
~ner~ ~er
Jo~ P. Cl~nt
Tr~fic ~in~r
J~s ~
D~tor of
~el J.V. G~ley
Dir~r of
E~in~ri~ ~ices
Mi~ael ~e
Ci~ ~er
Wade Je~on
Ci~l Engin~r
Ga~ Jo~n
· Ci~ E~i~r
G~ E. Joh~on
Ci~ E~in~r
Rincon Del Diablo
MuniciDal Water Dist.
Cimy of Poway
City of Carlsbad .
City of Santee
Girl Scou~s Council
of Orange Counmy
City of Monrovia
Garden Grove
Sani=ary District
City of Thousand Oaks
City of Huntir~ton Park
City of Cam~illo
City of A~oura Hills
U.S. Na~y-Point Mugu
City of Orange
City of Anaheim
Telephone
(619) 745-5522
(619) 748-6600
(619) 438-5561
(619) 562-6153
(714) 979-7900
(818) 359-3231
(714) 534-3943
(805) 497-8611
(213) 582-6161
(805) 355-5341
(818) 889-9114
(805) 989-7582
(714) 532-0321
(714) 999-5100
Page 2
John Lathrop
City Engineer
Robert Ledendecker
Public Works Director/
City Zn~ ineer
William Mahar
Director of Engineering
Mike Mahoney
Cadastral Supervisor
Real Estate Activity
Ben Minamide
Public Works Director
Kenneth Mont~3cmery
Public Works Director
Brent Muchow
Public Works Director
Patrick Pratt
Director of
~ministra~ive Services
James Reichert
Generml Manager
Vic Rollinger
City Engineer
Stanley Scholl
Director of
General Services
Arthur $imonian
City Manager
Agency
City of Culver City
City of Tustin
City of Inglewood-
u.s. Navy-San Bruno
City of Pomona
City of Norwalk
City of Irvine
City of Rancho Mirage
Orange County
Transit District
City of Long Beach
City of Santa Monica
City of Yorba Linda
Telephone
(213) 202-5791
(714) 544-8890
(213) 412-5333
(415) 877-7628
(714) 620-2261
(213) 929-2677
(714) 660-3672
(519) 324-45il
(714) 971-6200
(213) 590-6771
(213) 393-9975
(714) 961-7110
PaGe 3
P~e~ence
City ~M~n. aGer.
~ouglas' V. Spickard
Director of
Cu~,~nity Develo~nt
Larry Stevens
Director of
C~,~,-,ni ty Development
Director
James Turner
Utilities Director
Agency
City of Cathedral City
City of Oceanside '
City of La 0uin~
Environmental
ManaGement Agency,
Orange County
City of Oceanside
Telephone
(619) 324-8388
(619) 439-7361
(619) 564-2246
(714) 834-2307
(619) 439-7164
C~
m
SCOPE OF
WORK
SCOPE OF
BSI CONSULTAI~TS, INC. will provide consulting services for
plan. checking Infrastructures Improvements as follows:
/~--~cept projects for plan checking .within 24 hours of
notice~
2. Field review the project at time of first plan check
submittal to ensure completeness of-plans and maps; .
3. Plan check Infrastructure Improvement plans including
improvements plans for street; curbs and gutters, side-
walks~ storm drain, sewer, and underground utilities.
Ensure conformance with City's standards, codes, and
ordinances as well as conditions of approval of the map
and Orange County's design criteria and standard where
applicable.
4. Complete checking' process for each submittal of plans
within ten working days from the day of receiving the
plans.
5. Meet with project engineer and/or City staff to discuss
and review improvement plans.
6. Provide consulting and advice to the City during plan and /
map checking, including attendance at City convened meet-/
ings.
EXH?B?T
SCOPE OF ADD'rT?ONAL WORX
Under separate agreement BSI CONSULTANTS, INC. will be
available to provide the following services=
Provide inspection service for infrastructure con-
struction.
Review City's current design criteria and ordinances
for grading and public improvements. Prepare a com-
prehensive design criteria, Standard plans, etc.,
for grading and infrastructure improvements and make
recommendation for their adoption.
c. Check grading, drainage plans including the hydrolo-
gy and hydraulic calculations.
d.~ivision tract or parcel maps for con~
/ ance with Subdivisoin Map Act and Orange County mon- j
umentation requirements. ~
RELATED
EXPERIENCE
I'll
The following is a partial list of plan check services BSI CC~SULTANTS,
INC. b~ p~ovided ~o v~ricus agencies:
c~ty Of
Yorba Linda
city of
Vi lla Park
Approx. 300 tract romps and i~o~ement
plans incl,~n~ grading and landscaping.
Very larg~ develo~en=s in eas=erly
A~r~x. 60 trac~ maps and i~r~n~nt
pla~s i~luding gr~i%ng an~ lan~ing
City Manager
(714) 961-7170
Carolyn Veregge
Asst. City Mgr.
(714) 998-1500
Los
city of
City of
Oceanside
City of
National City
Approx. 100 t. ract: maps a~d imp&ovemanl:
plans incl,~ng grading and landscaping
L~-~= plans for approximately
19 trac~ maps'and 7 parcel maps
Apprc~. 21 ~ maps and parcel maps
Approx. 60 trac~ maps and improvement
plans, gr~ng plans and landscape/
irrigation. Preparation of precise
of major roadways for use by developers.
Devel~= of pla~ check m~/~ for
Two =rac~ maps, Kimball Park Phase II
plan check, flood plain studies, and
May C~nters Shopping Canter on-site/
off-site in~o~ents (off-site
imp~emente - $5.3 million)
Director of
Public Services
(714) 827-8670
R~y B~_ckner
C~.,~,,unit-y Dev.
Director
(714) 891-2521
Rober~ Wales
Director of
Public Works
(714) 787-7312
Pat Chamberla ~ ne
City Administra=o~
(619) 246-8606
Suzanne Foucaul
City Manager
(619) 439-7300
City Manager
(619) 477-1181
F~-Desert
Wa~er ~istrict
City of
Poway
Ci%7 of
C~=y of
Number and Type of Maps
Checked
Ail wa~.r i~u~e~ent plans for develop-
ment and distr~on
~ mam~, gr~ug ordinance,
Approxima=ely 43 tract maps and parcel
maps incluS/ng ~t plans,
gr~ng plans and landscape plans.
Ap~ely 10 t_rac~maps and parcel
maps incl,~ngimprcvemen= plans and
~r-~ng plans.
Ernest Th~ason
General Manager
(619) 365-8333
Ci=y Engineer
(619) 748-6600
Edward $1unka
City Engineer
(714) 660-3663
Joseph Palencia
Director of Public
Works
(714) 736-2264
PLAN CHECK SERVICES
Page 3
City of'
Yorba Linda
Number and Type of Maps
Checked
.Lomas De Yorba
Consisting of 365 net acres divided
into 73~ lots/residential and open
space. Excavation (rough grading) was
2,255,600 cubic yards for a dollar
amount of $1,500,000 in grading bond.
Precise grading involved another
1,298,500 cubic yards. The improvement
plans consisting of 13~tracts involving
264 residential lots and 2. recreational
lots, and 72 sheets.of plans. This
development is divided into quadrants.
This the first quadrant of this huge
residential development for 'the City of
Yorba Linda.
City of Los
Alamitos
Sari Business Park
This is a large commercial/industrial
site consisting of 65 acres, 12 large
parcels. The earth quantity for this
site was 193,O00 cubic yards. The
construction cost for improvements
excluding building, cost was $600,000.
Commercial Office and Manufacturing
Consisting of 10.5 acres, 5 parcels,
grading of 35,000 cubic yards and a
construction cost of $516,000 excluding
building cost.
Los Alamitos Business Park
Consisting of 14 sheets of plan
checking, 495 acres site for street
improvements, grading, which involved
railroad company,City of Cerritos,
County of Orange approvals.
Reference
Art Simonian
City Manager
(714)961-7i70 -'
Michael
Brottemarki~
Director of
Community
Development
PLAN CHECK SERVICES
Page 4
City of Stanto6
Briar Oaks Condo Site
A 11.2 acres site with 8 lots composed
of 200 two-story condos. This
particular site had an extensive study
fo= hydrology and hydraulics due to
the flat terrain. Retention basin
studies were made to assure flooding
will not impact the buildings.
Roy Bruckner
Community
Development
Director
(714)220--2200'
City of Laguna
Beach
Canyon Hill Residential Subdivision
Consisting of 64.3.acres 130 lots,
including, residential, recreational,
and open space lots. Street grades
range from 0.5% min. to 15%'max. The
grading quantity amounts to 550,000
Cy. Plan checking consisted of
· checking grading, street improvement,
hydrology/hydraulics, also checking
design of crib walls, cement treated
walls, retaining walls to assure that
they met requirements and code
compliance. The walls varied in
heights from 4 feet - 40 feet. The
difference in elevation the uppermost
end of tract to the lower end was 200
feet, creating roads with vertical
curves, as well as reverse curves,
and horizontal curves throughout the
project.
June Cata~ano
Director
Communit~
Developm¢~a
(714)497-3~i1
PLAN CHECK SERVICES
Page 5
City of La
Ouinta .
Oak Tree West - Golf Course
PGA West - Consisting of 7 condominium
sites, 200 room hotel, 2,045
residential and a 45 hole golf course,
plan checking included grading, and
street improvements.
Crystal Canyon
Consisting 360 acres 46 houses, 843
condos, 35 pools, and spas and 22
tennis courts - plan checking included
grading, and street improvements.
City of
Cathedral City
Desert Price Development
A 341 acres, consisting of hotel,
condo., single family homes, and
golf course.
City of Rancho
Mirage
Mirado Complex
A 90 acres site - 250 room hotel, 160
villa condominiums, 55 single family
custom lots, 80 townhomes, with
aggregate construction cost of
$8,000,000 in this hillside area.
Ronald Kiedrowski
City Manager
Dave FaesseJ
City Engine~~:
Carl Hatf ie i~' J~
PROJECT
MANAGEMENT
TEAM
PLA~ CHECKING PROCESS
BSI CONSULTANTS, INC. proposes the following procedure for
plan checking process as an alternative to the City's usual
procedure.
It is BSI's plan checking practice to require that each
.package ~f plans submitted to the City for plan check-
ing shall be signed by the responsible registered engi-
'neet and be a comprehensive set of plans including the
related calculations, reference plans and documents re-
quired for a thorough plan checking. Attached is a plan
submittal check list which we have found to help in ex-
pediting a thorough plan check.
It is anticipated that we will pick up two sets of
prints of plans and relevant documents for the first
plan check from the City, after which BSI will commun-
icate and forward reviewed plans and comments directly
to the design engineer of the plans.
Ail subsequent submittals for checking will be between
BSI and the design engineer, until all necessary plan
revisions have been completed, at which time the
approved plans will be forwarded from BSI to the City
for cursory check and the City Engineer's signature.
BSI will stamp and log-in the plans on the day
received. A copy of transmittal letter to design
engineer forwarding the reviewed plans will be sent to
the City for record keeping, as well as a copy of the
in and out log which will be sent to the City on a
monthly basis.
Each set of project plans is expected to be checked an
average of three (3) times prior to considering approv-
al. Our experience has shown this to be adequate for a
responsive correction process of a comprehensively pre-
pared set of plans.
Plan checking turnaround time period for each submittal
will be, on the average, ten working days, from the day
of receiving .the plans to the day the plans are for-
warded out of BSI's office.
Our experience has shown that the above procedure will
expedite the plan checking corrections and result in an
overall shorter turnaround time than if all submittals are
done through the city.
PLAN CHECKING TEAM
BSI CONSULTANTS, INC. has a highly trained and experienced
project team to serve the City in this important task. The
key' members of this team have worked many years in the mu-
nicipal engineering field from both a public and private
sector perspective, enabling the team to i'ntimately under-
stand the details of the task.
A brief summary of the key members of the project team is
set forth below and their resumes follow.
COL~orate Office in Responsible Charge:
Mr. Jeffrey H. Cooper~ P.E.
Mr. Cooper, Vice President 'of the firm, will be the corp-
orate officer providing the company overview to assure
attainment of the client goals.
Director of Plan Check=
N.Z. Foroutane P.E.
Mr. Fcroutsn directs plan checking services and supervises
inspection services for BSI CONSULTANTS, INC. He has been
in this position with ESI for the past two years. He will
review plan checker's corrections and comments, and
recommend approval of the corrected plans to the City
Engineer.
Plan Check Process:
Ben T. Yamada
Mr. Yamada will be in charge of administering the plan check
process and maintaining records as well as doing the grad-
ing, street and sewer plan check. He has-extensive exper-
ience in municipal engineering, including plan checking,
having been employed by the City of Los Angeles and City of
Irvine for more than 20 years.
Plan Check Engineersc
The following personnel will provide the bulk of plan
checking services in the designated area of expertise.
A. Wayne .Melquist - Drainage, Grading, Street, Sewer
Joan Cox - Drainage, Grading, Street, Sewer
Jeff'Thompson - Drainage, Grading, Street, Sewer
Samuel T. Kouri - Drainage, Grading, Street, Sewer
Michael A. Gutierrez - Water
Jay V. Dwyer - Water
Subdivision Map Plan Checkinq
The tract and parcel maps will be checked under direct
supervision of-Mr. Cecil E. Ryals who heads the surveying
division of BSI CONSULTANTS, INC. He will review and
recommend approval of the corrected subdivision maps to the
c ity.
Inspection Services for Infrastructure:
The infrastructure construction inspection will be provided
by Mr. Andrade, a senior construction inspector or Mr.
Andrew, a registered inspector, who are part of BSI's
inspection group.
JEFFREY M. COOPER
m~istered Civil ~in~r,
' Ca ! ifo~ia, ~i~a
~ter of ~ie~e in Civil ~in~ri~,
U~ve~i~ of ~ifo~ia, ~el~, ~
~or of ~ien~ in Civil ~i~ring,
U~ve~i~ of ~ifo~ia, ~rkeley, ~
~lor of ~ in E~,
~i~ S~ U~i~, ~
Mr. Cocker has over ten years of professional consulting engineering
experience, providing the management of planninG, design, construction,
a~d inspection services for major projects.
Mr. Cooper b~-~ personally designed various major facilities and struc-
n~e$, and managed the preparation of studies, plans and specifications,
as well as the construction of a variety of major projects for flood
control, industrial and residential wastewater, and potable water
systems, including pu~pinG and storage. He has extensive experience in
usinG the Corps of Engineers' hydrology and hydraulic ccm~uter programs
includin~ HEC-1, HEC-2 and HEC-6. He most recently ccmpleted a Flood
Insurance Study for the County of Sutter under contract with the Federal
f~ergency ManaGement AGency.
Mr. Cooper has a thorough background in the management of water and
wastewater enGineerinG projects. He ba-~ c~,~leted water system plans,
designs and construction projects for several c~t,,unities in Southern
California, the San Francisco Bay area, and Guem. He ban also managed
various wastewater projects includinG treatment plant expansions, pu~
stations, and sewer designs. In addition, he has conducted flc~ moni-
toring studies for infiltration/in~low analysis and recently ccmpleted
supervising the inspection of a major industrial wastewater collection
and treatment system for the U.S. Navy. He has also participated in
several park projects providinG civil site work design includinG street
improvements, gradinG, drainage, and utilities. He has supervised field
engineering at high-rise construction sites, providing coordination,
procurement, cost analysis, and scheduling for major projects.
~merican Society of Civil Engineers
California Water Pollution Control Federation
M.Z. FOROUTAN
PI~)FESS IC{qAL REGIS-A-~kTION:
Re(3istered Civil Engineer, California
Bachelor of Science in Civil Engineering,
Cornell University, Ithaca, New York
Mr. Foroutan supervises the plan checkinG services BSI CONSULTANTS, INC.
provides to the Cities of Yorba Linda, Stanton, Los Ala~titos, Villa
Park, A~oura Hills, and LaGuna Beach. In addition, he provides super-
vision of engineering services for design of structures s~ch as flood
control facilities, shore protection sheet piling, and bridges.
In the past'ten years, he has provided consulting services for planning,
engineering, and administration of contracts for private and puDlic
-projects including a $2,500,000 condcminium project in Los Angeles;
the Weir Canyon road overpass bridge in Yorba Linda, with a total cost
of $1,200,000; c~{~arative study reports for E1 Toro Road over Aliso
Creek for the County of orange; and widening of Lakeview Avenue bridge
in the City of Yorba Linda.
Frcm 1969 to 1975, he provided consulting services to goverrmental
agencies such as San Diego and Orange Counties and the Ministry of
Public Works of Ecuador, South America, for the design of several
bridges as well as the preparation of contract plans for office
buildings and parking structures in the Cities of Beverly Hills and
Sacr~ento.
Previously, Mr. Foroutan provided consulting services for design and
preparation of construction plans for numerous overpass bridges for the
State Highway Deparu~ents of New York, Vermont, Delaware, New Jersey,
and Connecticut. A major highway overpass in Connecticut was awarded
the AISC Prize Bridge for Highway Separation.
BEN T. YAMADA
EDOCATI~:
Civil. Engineering Studies, University
of Southern California., its Angeles
Mr. Yamada provides expertise in the preparation of specifications and
cost estimates for various street projects which include ston~ drains,
bridges, bicycle t_rails, and traffic signals. He also coordinates
inspection services for contract cities.
Mr. Yamada has over 25 years of civil engineering experience which
includes the preparation of plan checks, reviews, and comments on
project plans, specifications, and estimates using professional en-
gineering juck3ment. He served as Project Coordinator for a 300-acr~
site in Oceanside which included street improvements, storm drains,
sewer, water, traffic signalization, landscaping, signs, and stree.~
Mr. Yamada has extensive experience with municipal agencies, having
previously served ~he City of Irvine for more than 4 years and %he City
cf Lo~ Angeles for over 20 years. His work at the Cities of Irvine and
Los Angeles included review of street improvement plans, grading plans,
site designs, irrigation plans, tentative parcel maps and tentative
tract maps, as well as providing guidance and back-up support to techni-
cians in related engineering work. He also served as P~sident Engineer
on major street projects, including signals, storm drains, landscape,
street lights, public works parks and buildings, bridges, and bicycle
trails, and supervised the design of street plans, profiles, and cross
sections es well as the preparation of specifications and cost esti-
mates.
CECIL E. RYALS
Vice President
P~OFESSICI~AL I~EGISTBATI(1N:
Licensed ~__nd Surveyor, California
Registered Land Surveyor, Nevada
EZX~%TIC~:
AnRranced and Geodetic Survey Studies,
Santa Aha College and California State
Polytechnic University
Undergraduate Studies in Civil Engineering,
University' of Utah
Mr. Ryals joined BSI CC~SULTANTS, INC. in July 1976 as Chief ~and Sur-
veyor. He provides technical expertise in all aspects, of survey and
design, and supervises all the firm's surveying projects. Additionally,
he participates in the design of all phases of municipal projects,
including street and highway projects, wastewater and storm drain
facilities, and water distribution systems.
From 1971 to 1976, as Chief Surveyor with a Southern California con-
sulting firm, Mr. Ryals designed, coordinated, and provided survey and
boundary c~ntrol for a variety of municipal and land development pro-
jects. From 1967 to 1971, he was a Civil Engineering Designer for the
City of Orange, where he handled complete design for arterial highway
projeCcs, storm drain projects, and variou~ other municipal projects,
From 1956 to 1967, Mr. Ryals was engaged in all aspects of municipal and
subdivision projects, including project coordination and design of com-
mercial, industrial, and mobile home park developments. Earlier, he
served as Chief of Party for the Salt Lake County Surveyor's Office,
establishing section corners and performing highway alignment and con-
struction st~king surveys.
FROFESSIC~L A~-~-i~T~tTIC~:
California Land Surveyor's Association
Society of American Military Engineers
American Congre-~s on Surveying and Mapping
MICHAEL A. GUTIERREZ
PROFESSIONAL REGISTgATION:
B~gistered Civil Engineer, California
E~3CATI~N:
Bachelor of Science in Civil Engineering,
Loyola Marymount University, Los Angeles
Mr. Gutierrez joined BSI CONSULTANTS, INC. in 1985 as a Design Civil
En~3ineer. He has extensive professional experience in the development
of water master plans and the subsequent design and inspection of dis-
tribution, supply, and storage systems. He has been responsible for
capital improvement prioritizing, the preparation of budgets, and
analysis of revenue studies for water rate cases submitted to the
California Public Utilities C~,,~,~ssion.
Mr. Gutierrez developed' this expertise while e~ployed by the Southern
California water Cc~apany as a Civil Engineer, the Park Water Company of
Downey as a Rate Engineer, and as Water Quality Control Engineer for the
California water Quality Control Board, Los Angeles.
FROFESSIONAL AFFILIATICNS:
~merican Society of Civil Engineers
American Public Works Association
Society of Hispanic Professional Engineers
California Association of Minority American Contractors
A. WAYNE MELQUIST
EIX~ZATION:
Associa=e of Ar~s in Petroleun Technology,
Orange Coast College, Costa Mesa, CA
S~ninars on Soils Mechanics, Highway
Drainage and Design, Hydrology Methods
and Hydraulic D~sign
~. Melquist provides design expertise for municipal and civil engineer-
lng projects. He currently h~s over 25 years of civil engineerir~
experience and has ccmpleted a wide variety of projects. As a senior
designer, his assigrm~nts have included the design of storm drains,
sanitary sewers, and street improvements for various municipal agencies,
as well as cost studies for storm drain and street projects. He also
managed the design of a trash transfer station for the City of Ccmpton
and the calculations for the City of Poway Master Plan of Drainage.
From 1960 to 1977, Mr. Melquist was enployed by the Engineering Division
of the City of Anaheim. He designed and ccmpleted hydrologic and hy-
draulic studies for sewers, storm drains, and pureD stations, including
the preparation of plans for three miles of 15" and 24" VCP sanitary
sewer in the vicinity of the Santa Ana River and Anaheim Hills Golf
Course and a 1500' extension of an existing sewer line consisting of 8"
to 10" ~.P.
Mr. Melquist also prepared the plans for a 150' prestressed concrete
bridge for a railroad underpass and the appurtenant storm water storage
and pump station. Other assigmments included projects in Peralta Hills
and Anaheim Hills where major earth moving and contour grading required
careful evaluation and review of the drainage and grading plans and
soils reports.
SAMUEL T. KOURI
PI~OFESSIONAL R~GISTRATICN:
BegistereO Civil ~3gineer, California
Bachelor of Science in Civil Engineering,
California State University, iong Beach
M~. ~3uri is responsible for the design of public improvements for
the City of i~3oura Hills and other agencies in Ventura, Ix>s Angeles, and
C$.'ange Counties including the preparation of plans, specifications anO
estimates for street, sewer, and drainage improvements, and other pro-
3ects. He bas also provided plan checking services to several agencies.
Mr. Kouri has designed public park facilities, parking lots, bike trail
~,%os within flood control channels, street widenings in con3unction
with traffic signalization of intersections, relief trunk sewers, and
FAU-funded pavement maintenance improvements.
~e has also designed several state-of-the art techniques in asphalt
concrete rehaDilitation, and has worked on city-wide pavement management
sysl:~s which include pavement evaluation and the training of city per-
sonnel in pavement evaluation.
Mr. Kouri h_~ also served as'Contract Administrator on several assess-
ment district construction projects involving street, sewer, storm
drain, and landscaping construction.
JOAN COX
PROFESS I(I~AL REGIb-i'~$tTION:
Engineer- in-Trainin~, California
EDUCATI(~N:
Bachelo=. of Science in Civil EnGineerinG,
California State Polytechnic University,
Pc~o~a, Manna Cu~ Laude
Ms. Cox joined BSI CONSULTANTS, INC. in 1984 as a DeSign Civil EnGineer
in the Civil/Water Resources Division. Her assignments include subdivi-
sion plan checking for BSI's contract cities, hydrology and hydraulic
studies, c~m~uter modelinG of storm water systems, and project cost
analyses.
Prior to joining BSI, Ms. Cox gained a wide variety of experience
through s~m~er e~loyment in both the public and the private sector
whale earninG her degree. Her duties included inspectinG the construc-
tion of civil and street improvement projects, participating in major
transportation studies, and acting as instrumentman, rodman, and rear-
chairman on survey
P~OFESSIONAL AFFILIATIONS:
~alerican Society of Civil Engineers
Tau Beta Pi and Chi Epsilon (Er~3ineering Honor Societies)
JAY V. DWYER, III
PROFESSI(~%~AL
.Begist. ered Civil Enginccr, California
EDUCATION:
Associate of Arts in Civil EnGineering,
City College of San Francisco, California
Mr. Dwyer provides professional civil engineering design to gove~','.,,ental
agencies, as well as mechanical and electrical engineering design co-
ordination. His current assigranents include design of storm drains,
sanitary sewers and pumD stations, highway and railroad gecmetrics,
and generation plants, as well as project cost analysis and project
documentation.
Previously, as a civil engineer with a consulting firm, Mr. Dwyer
prepared civil engineering plans and specifications for projects in the
United States and abroad. During this time, he was involved in approxi-
mately $750 million of construction projects. His duties included hori-
zontal control, pavin~ and grading, sewer, storm drainage, water, gas,
waste treatment, and railroad design. He also managed the inter-
disciDlinary coordination of many of these projects, through which he
became familiar with HVAC and electrical power design criteria.
From 1971 to 1978, Mr. Dwyer served as a civil engineering technician
for the Alameda County Road Department and the Alameda County Flood
Control and Water Conservation District. His responsibilities included
the preparation of plans, specifications, right-of-way descriptions,
reports, and enviro~nental studies for highway and flood control
projects.
Frcm 1967 to 1971, Mr. Dwyer was employed by the Cities of Oakland and
Hayward, California, in the positions of rodman-chainman and senior
draf t~nan, respectively.
ISHMAEL (ANDY) ANDRADE
PROFESSIC~%%L REG L~-~'~4tTI~N:
.Begistered Construction Inspector, California
EDUCATION:
Public Works Construction studies, Santa Aha
College, CalifozT, ia
Mr. Andrade joined BSI CONSULTANTS, INC. in 19~6 to provide construction
inspection services. He is currently resDonsible for inspection of
~ublic works and subdivision projects in the Cities of Los Alamitos,
Stanton, Villa Park, and' Yorba Linda o~ a routine basis. These projects
have required a broad range of experience in a variety of construction
disciplines, including grading, paving, drainage facilities, water
systems, sewer facilities, curb, gutter, and sidewalk construction.
In addition to routine inspections, Mr. Andrade has provided construc-
tion inspection services on several special projects in the public works
area. In ~he Cit~ of Fullerton, he was responsible for inspectic~ of
the $2 million Southwest and South Central Projects, both funded by the
Econcmic Development Agency, consisting of 6" and 8" ductile iron pipe
water mains, fire hydrants, service connections, grading, paving, curb
and gutter, sidewalks and sewer lateral reconnections. In the City of
Tustin, he was the inspector for the E1 Canino Real. Project, which
consisted of road reconstruction, new curbs and gutters, water mains and
sewers, sidewalks, traffic signals, and landscaping. He also provided
insDection services on a 1.5 million gallon steel water reservoir for
the Moulton Niguel Water District, a 2 million gallon steel water reser-
voir and a pu~ping station for the City of Poway.
Mr. Andrade has over 30 years of exDerience as a construction foreman
and superintendent. This work included construction of water pumping
and transmission systems, sanitary sewer systems, storm drain and flood
control systems, grading, and street and highway construction. Work
~,~leted under his supervision totaled over $20 million during his
career in the construction industry.
PHILIP ANDREWS
Inspector
PROFESSIONAL REGISTRATION:
Registered Construction Inspector,
State of California
EDUC%TION:
Undergraduate Studies,
University of Washington
EXPERIENCE:
Mr. Andrews is a registered construction inspector in public
works with over 25 years of experience as an inspector and
as a construction superintendent. Mr. Andrews was recently
construction inspector on Lomas de Yorba Bridge in the City
of Yorba Linda, and currently is provid.ing inspection ser-
vices for new development infrastructure in the cities of
Yorba Linda and Plaoentia. Since 1982, he has provided in-
spection services for BSI, CONSULTANTS, INC. on a variety of
projects, including inspection of underground TV cable for
the Cities of Los Alamitos and Seal Beach. He served as
construction inspector for a $1,750,000 project for the City
of Colton which includes streets, storm drains, water mains,
sewer and telephone.
From 1974 to 1982, he was a construction inspector for the
City of Santa Aha and handled improvement projects for water
lines, sewer lines, storm drains, streets, signals, and
parks. Prior to this, he served King County (Seattle),
Washington, for seven years as inspection supervisor on
underground permits. This involved installation of water,
gas sewer, and telephone lines. Mr. Andrews also served
seven years as general superintendent for a contractor
installing water lines, sewer lines, storm drains, water
pumping stations, and reservoirs.
PROF;:R$1ONAL
FE~
FEE SCHEDU~.~-
FOR
INFRASTRUCTURE PLAN CHECKING
BSI CONSULTANTS, INC. will perform the professional services
listed in .the EXHIBIT "A", S~ope of Work, for 50% of the In-
spect%on and Plan Checking Fee per the City's construction
permit schedule attached to your R.F.P.
As an alternative BSI CONSULTANTS, INC. will provide plant ~
checking per the Scope of Work and inspection services for
the project for 85% of the Inspection and Plan Checking Fee
per the City's construction permit schedule.
FEE SCHEDIILE
FOR
CONSTRUCTION INSPECTION AND
ADDITIONAL WORK
BSI CONSULTANTS, INC. will be available to perform the
professional services for items a, b and c listed in the
EXHIBIT "B" per the following schedule'of hourly rates:
Classification
Project Manager
Registered Civil Engineer
Plan Check Engineer
Plan Checker
Senior Construction Observeer
Construction Observer
Hourly Rate
$76.00
$70.00
$60.00
$54.00
$54.00
$46.00
Invoices will be mailed monthly and are due upon receipt.
Invoices over 30'days are delinquent.
For item "d" of EXHIBIT "B", Subdivision map checking will
be performed per the following fee schedule:
Tract Map:
Parcel Map:
,0~00 per map plus $10 per lo
700 per ma? plus $25 per parce~
APPENDIX
RECEIVED
OCT 1956
~ CON~ULT~ INC.
~NTA ANA
October 20, 1986
Department of Community Development
Berryman & Stevenson
1415 E. Seventeenth Street
Santa Ara, Ca. 92701
SUBJ£CT: REOUEST FOR PROPOSAL:
Dear Sirs:
LOGGED
PROFESSIONAL SERVICES/STRUCTURAL PLAN
CHECK AND INFRASTRUCTURE SERYZC£S
The City of Tusttn, Building Division, is seeking a qualified
individual or firm to provide professional services in the area of
structural plan check. Specifically, the selected individual/firm
would be responsible for all phases of the City's building permit plan
check process. Areas of expertise required are as follows:
A working knowledge and practical understanding of the
Uniform Building Code, the Uniform Plumbing Code (IAPMO),
the Uniform Mechanical Code, and the National Electric code
as adopted by the City.
Ability to review plans in terms of enforcing Title 24 of
the California Administrative Code as it pertains to Energy
Requirements.
Ability to review plans in terms of enforcing Title 24 of
the California Administrative Code as it pertains to
requirements for building access for handicapped persons.
Ability to review on-site infrastructure plans including:
streets; curbs, gutters and sidewalks; sto~ drain and
santtar~ ~ewer'systems; and underground utilities.
If you are interested in responding to this request, please include
the following with your proposal:
A section indicating your experience in providing requested
services to other jurisdictions. Please include a reference
list.
Resumes of individuals who will be specifically responsible
for actual plan check review.
300 Centennial Way . Tustm, California 92680 · (71~) 544-8890
Request for Proposal
Page two
A precise description of services to be provided must be
given. For example, procedures for pick-up and delivery of
plans, availability for meettngs with project
architects / engineers / Clt7 staff and potential for
admflntstratt~e support (i.e., review and recommendation for
adoption of Uniform Building Codes).-
sCh-~-d~l~--Fs to indicate a dlm~inishing rate or hourly ~for
rett~lan check. --
Attached is a copy o? our fee schedule.
At the present time we are paying a percentage-,of the plan check
for plan check of all discipline.
It is further requested that you provide information on the
availability of providing Inspection Semite.trot the infeast~ucture
work and hourly rate of this service.
Also, provide information on providing co~bination building i~spect__or_s_
on an interim basis and the hourly rate.
To be considered for selection, please forward three (3) copies of
your proposal to:
Mr. Robert W. Baler, Planning Consultant
City of Tusttn
300 Centennial Way
Tustin, Ca. 92680
All proposals must be received by 4:30 p.m. on November 14, 1986.
Should you have any questions, please do not hesitate to contact me.
Sincerely,
Robert W. Balen
Planning Consultant
JSD/REH:pef
Sewer Connection Fee--Payable at time
of Buildln~ Permit Issuance.
er 200,000 as fol lows:-'
3.00 for first 100,000
us $2.50 each additional
;00o :- -"
emple: ''
0,000 Valuatlon -
the first 100,0OO
x $2.50 $375'.0o
ample:
200,000 Valuatlon - ~33.00
lO x $2.50 2~.750.00
$3,183.00
s SOO &. So 10. oD
600 7.61 II,S0
700 8.i~S II.oD
800 9.~i] 14.50
, gOO IO.i~o 16.00
1,00o rl.]8 17.SG
t.lOO 12,3S I~.00
~ ,2~ 13,33 20.50
1,3~ 1~.}0
I,~ IS.28
1,5~ IG.2S ~S.0O
I ,&~ 17.2] 26.SO
1,700 Il,iS 21.oo
I ,~0O . 20.18 ]l .DO
3,0oo ~.0~ ]8 ~ 50
6,Goo ]~.7] ' 56.So
7.o~ ~ ~o.6~ 62.50
8,oo9.' Aa.S] ~ Al. SO
IO,~..~.. 52.]3 *~ 80.50
~lT,o~. ~S.73 - Hi. So
17.ooo ~.&3 '. ~22.5o
18,~0- 83.53 128.50
~.0~ gl .]3 i40.50
21,0~ 9S.2~
~.ooo ~.]] 152.50
~,0~. 10].03 1~8; SO
2S~ 110.8]
26.g~ I I].75 175.O0
27,~ 116.68 I~.SO
~,00O 119.60 18~,0Q
~.0~ 122.53 J~.So
31,~ 128.38
~,0~ ~31.3o 202.00
~3,00o ~a.23 206.5o
3S.0~ ~3~.75 21S.oo
~,OOQ 1~3.~ 220.00
37,000 , I~S.~3 22q. SO
~,o0o laS.IS 229.oo
~,ooo 151.71
~.00o ~Sa.70 2~8.00
~l,ooo 157,&~ 2~Z.~O
kS.~o J6].k8 251.5o
~ ,ooo ta&.40 25&.00
~5,0~ I~g.33 260.50
~,ooo ~72.2S 2~S.0~
k7,OOO 175.18
~l,O00 178. I0 27~.00
~,00O ~81.03 278.So
~.ooo 18o.~5 283.00
51,000 ~85.~0 28E.00
~,000 187.85 28%0O
53. ooo I 8g.80 292.00
~,000 191.75 2~5.00
55,000 1~3.70 2~8.00
~,ooo 1~S.GS 3Ol
CITY oF TUSTIN
BUILDING COOE fEES
60.0OO 203.a$ 313.00
61,0OO 208.40 316.00
62,000 207.]5 319.00
'6].000 20~,30 322.00
&~,OOO 211.25 325.OO
&],ODD 213.20 328.00
66,oOO 215.15 ]31.00
67,000 217.10 3]b.o0
68,000 .219.O5 337.00
69°000 221.00 ]kD.DO
7o,00o 222.9S
71,00O 224.9o 34&.Go
72,O0O 226.85
73,0o0 228.8o 352.oo
74.o0o 230.75 355.00
75,0OO 232.70 ' 358.00
76,OOq 234.65 ~361.oo
77;000 216.60 !6~.0o
7~;ooo- 240.50 37o:oo
80,000 2~Z.&S 373'.oo
81,o0o 244.a0 ]76,oo
82.000 246.35 ]7~.00
83.ooo 248.30 ]82.00
84,00O 250.25
IS.Goo 252.20 .
86,000 254.1S 391.00
87.000 2S6.WO 394.00
88,000 258.os ]97.00
eSsO00 2~0.0O 4OO.OO
90,0o0 261.9~ 403.00
91,oo0 263,g0 406.00
92.00O 26S.OS 409.00
93.000 267.80 .~2.oo
~4,00O 269.75 ~iS.O0
9S.00O 271.7o 4ia.Go
96.000 273.6S
97.000 27S.60 42~.00
98.000 277.55 427.00
~.o0o 279.SO ~]0.00
too,GOO 281.kS k]3.00
101.00O 283.08 43S.S0
102,000 284.70 ~]8.00
lO3,000 286.33 4&O.SO
I0~,000 287,~S 443.00
IOS.O00 289.58 445.50
Io6.ooo 291.20 448.oo
107,000 2~2.B3 ,SO.SO
lDO,ODD 29~.~S ·
IO~.O0o 296.08 ASS. SO
IlO.GOO 2t7.70 458.00
Ill,ODD 299.33 460.50
12,0OO 3oo.9s ~63.00
I],000 3O2.88
14,OOO 304.20 468.00
15,000 ]05.83 ~7O.SO
116,000 . ]07.~5 ~73.00
117,000 309.08 475.S0
118,000 310.70
1~9.000 312.33 ~80.50
]21.000 )Is.sa . 485.S0
122.ooo 317.20 ~86.oo
123.000 318.8]
12~,000 ]20.kS
12S,000 322.08
126.ooo 323.70 "98.OO
127,000 325.33 Soo.so
128.00o 326.98 SO].O0
t2~,ooo 328.58 S05.5o
I]4,000 3~&.70
135,000 338.33
136,000 33~.~S
137,000 3~1.58
138,000 363.2D
139,ooo 34~.83
14o,ooo 366,,$ 533,c;.
Ikl,0OO 3&~.08
142.000 349.70 ~38.o0
143.000 38~.33.
144,000 352.95
t45,0OO 35~.58
146,000 356.20
1&7,Goo 397.83
148,ooo 399.,S 593.0c
149,000 361.08
I~O,ooo 362.?0 ~.~
~$I.00o 3~.33
152,o00 365.95 ~63,oo
153,o00 367.58 S&S.S0
184,oo0 369.20 S68.oo
1SS,ODD 370.83
15&,000 372.,S S73.oo
IS7,oo0 373.75 575.o~
158,000 ]75.7o '
1SS,000 377.~3 SOo.st
16o,ooo 378.~5
161,0o0 350.58
162,000 382.20
163,000 383,83 '
166,000 385.k$ S93.DO
168,000 387.08 5~5.50
166,000 388.70
167,000 380.33
168.000 391..~5 603,06
169,00o 393.58
17o.oo0 ~'5.2o
171,oo0 386.83
172,000 398."5 613,o~
17],oo0 ,00.08 &IS.Sc.
17~,0OO "OI.70 618.~¢
ITS,ODD aO3.33 620.5~
176,OOO 4Oa.95 623.00
177.0OO "06.58 625.50
178,000 ~08.20 628.OO
179,000 409.8] 630.$0
180,OOO 411.,5 6~3.00
181.000 &13.08 635.50
182,0OO ,Ik.70 6~8.00
183,000 k16,33 6~0.5~
184,000 417.~$ $63.~0
185,000 419.58 6~5.5o
186,000 ,21.20
187.000 ,22.83 680.5O
188,000 ~2,.,S 653.oo
189,oo0 426.08 6S5.5,
ISO,0OO 427.70 658.o~
191,o0o 42~.33 66o.5
]92,ooo "3o.~5 663.oo
193,00o 432.S8 665.80
19a.OQO 4]4.20 668.00
~gS,OOO ,36.83 670.50
~96,000 "3?."5 673.00
197.000 639.08 675.S0
198.000 ,~o.70 678.00
199,000 642.33 680.50
200,000 443.~5 683.00
CITY OF TUSTIN
OUANT~¥
50 Cu. Yds. or less
51 to 100 Cu. Yds.
101 to 200 Cu
201 to 300 Cu
301 to 400 Cu
401 to 500 Cu
501 to 600 Cu
$01 to 700 Cu
701 to 800 Cu
801 to 900 Cu
Yds
Yds
Yd$
Y'ds
Yds
Y
Yds
Yd$
901 to 1,000 Cu. Yds.
1 00: to 2,000 Cu. Yds.
2 001 to. 3,000 Cu. Yds.
3 001 to 4,000 Cu. Yds.
4 001 to 5,000 Cu. YdS.
5 001 to 6,000 Cu. Yds.
6 001 to 7,000 Cu. Yds.
7 001 to 8,000 Cu. Yds.
8 001 to g,O00 Cu. Yds.
9 001 to 10,000 CU. Yds.
10 Yds.
20. Yds.
30 Yds.
&O, Yds.
50 Yds.
50 -Yds.
7~ Yds.
80 Yds.
90 001 to 100,000 Cu. Yds.
lOO 000 to 110 000 Cu.. Yds.
110.
120
130.
140
150.
150.
170.
180.
190.
200.
001 tO 20,000 CU
001 to 30,000 Cu
001 to 40,000 Cu
O01 to 50,000 Cu
001 to 60,000 Cu
001 to 70,000 Cu
001 to 80,000 Cu
001 to gO,O00 Cu
000 Cu.. Yds.
.000 Cu Yds
000 Cu Yds.
000 Cu Yds.
000 Cu
000 Cu Yds.
000 Cu Yds
000 Cu Yds
000 Cu Yds
OO1 to I20
OO1 to 130
001 to 140
001 to 150
OO1 to 160
001 to 170
001 to 180
001 to 190
001 to 200
O01 or more Cu. Yds.
GRADING FEES
PERMIT FEE
PLAN CHECK FEE
lO.O0 $ 0.00
I$.00 I0.00
22.00 ' 1S.00
29.00 ~ 15.00
36.00 15.00
43.00 15.00
50.00 15.00
57.00 15.00
64.00 !5.00
71.00 15.00
78.00 15.00
84.00 20.00
90.00 20.00
96.00 20.00
102.00 20.00
!08.00 20.00
114.00 20.00
120.00 20.00
125.00 20.00
232.00 20.00
189.00 30.00
186.00 40.00
213.00 50.00
240.00 60.00
267.00 70.00
294.00 80.00
321.00 90.00
348.00 100.00'
375.00 Ii0.00
390.00 116.00
405.00 122.00
420.00 128.00
435.00 134.00
450.00 140.00
465.00 146.00
480.00 152.00
495.00 158.00
510.00 164.00
525.00
525.00 ~
per 10,000 Cu
Yd$ or fraction
thereof
170.00 + ~3 per
10,000 Cu. Yds. or
fraction thereof
EXHIBIT "A"
PUBLIC IMPROVEMENTS PLAN CHECK AND
INSPECTION FEES FOR CURB AND GUTTER~ SIDEWALK
AND PAVEMENT
TABLE "A" {CURB AND GUll'ER)
Lineal Feet of
0-99
lO0-19g
200-299
300-399
400-499
500-999
1000-1499
1500-1999
2000-2499
2500-2999
3000-3499
3500-3999
Curb & Gutter
4000-4499 - . .
4500-4999 .......
5000 or more .... , .............. , ..........................
Fee Per Li>ea! Foot
................................................. S 0.36
................................................. 0.31
................................. ; ............... 0.26
................................. : ............... 0.21
................................................. o.17
........ ~ ........................................ 0.13
................................................. ' O.11S
................................................. O.lOB
................................................. O.lO
................................................. 0.095
................................................. 0.09
................................................. 0.085
0.08
0.075
0.07
TABLE "B" (SIDEWALK)
Smuare Feet of Sidewalk
Fee Per Square Foo~.
0-199 ................................................. $ 0.08
200-399 ................................................. 0.07
400-599 ................................................. 0.06
600-799 ................................................. 0.05
800-999 ............ ~ .................................... 0.045
1000-1999 ............. L ................................... 0.04
2000-2999 ................................................. 0.035
3000-4999 ................................................. 0.03
5000-9999 ................................................. 0.025
10,000-19,999 ............................................... 0.02
20,000 or more ............................ ~ ................. 0.015
TABLE "C" (PAVEMENT1
Square Feet of
Pavement
Fee Per Square Foot
0-199 ..... , ........................................... S 0.07
200-399 ............... ~ .......................... j ...... 0.06
400-599 ................................................. 0.05
600-799 --q .............................................. 0.045
800-999 ................................................. 0.04
lO00-19g9 ................................................. 0.03S
2000-2999 ................................................. 0.03
3000-4999 .... ? ............................................ 0.025
5000-9999 ................................................. 0.02
10,000-19,999 ............................................... 0.015
20,000 or more .............................................. O.O1
+ 1" Wltll' Mlllr t1'~. InlTMIItlon ........
* I~' Wa~ ~ I~. I~1~ .......
* ~' W~ ~ I~. I~1~ ........
' ~W~ I~, ifl~l~ofl ....... .~ 6~. -
"~w~ ~.~ I~fls ..... 0~02~. -
~ ~ if A~i~ (~ ~ of ~mi .................
~R~ F~E .......................... . 1~
REP~T
~ ~ of ~t R~t ( I ~n~ X Wi~)
~ man ~ ~ (Min. ~ ...................
~ ~to I~ ~(Min.~).
101 ~ ~ to 2~ ~. ~ (Min. ~.00)
~T SE~ON: "~c OR '~cx
~TAL A~UNT 0F FEES ANO
CONSTRUCTION P~ RMIT
AN0 ~ECEI~ N-~
MUST BE GIVEN
FOR INflECtIONS
CONTRACTORS
'TUSTI N Sullnen
~EE ~E BACX OF ~l$
FOR O~ER RUC~ AND REGU~TION$:
REM`&RKS
CAUTI ON
IF CON:~rRuc'~ON REQUIRES
WORKERS ,&ND/OR EQUIPMENT
TO 8E WITHIN 6 FEET AND
CRAHES On HOISTING DEVICES
TO SE WI~IN 10 FE~T OF
OVEflH~O E~E~RIC EJNES,
EDISON CO, (714)
CITY OF TUSTIN
PI{OPOSAL FOR
BUILDING PLAN CI-IECK SERVICES
985 by BSl
CONSULTANTS, I NO.
Consultants to Governmental Agencies
November 11, 1986
Mr. RObert W. Balen
Community Development Director
City of Tustin
300 Centennial Way
Tustin, CA 92680
SUBJECT: Proposal for Building
Plan Check Contract Services
Dear Mr. Balen:
BSI CONSULTANTS, INC. is pleased to submit this proposal for
'your review. The enclosed proposal provides all the request-
ed documentation and has elaborated in areas that we feel to
be helpful. The Appendix may be of particular interest; it
is abbreviated, but it illustrates the areas that BSI recog-
nizes as important to the plan review process.
We feel that'the recent opportunity serving as Interim
Building Official offers BSI greater insight into the City's
internal operational needs, enabling us to provide smooth
and efficient plan check services. The close proximity of
our office to the Civic Center would also be condusive to
smooth processing.
We look forward to the opportunity to further discuss how we
can accommodate your building safety needs.
Very truly yours,
BSI CONSULTANTS, INC. /
Scott R. Fazekas, Vice President
Manager, Building Safety Division
SRF:lw
enc.
1415 East Seventeenth Street · Santa Ana, California 92701 · (714) 558-1952
A Berm/man & Ste~henson Industries Com~)any
TABLE OF CONTENTS
Letter of Transmittal
INTRODUCTION
SCOPE OF SERVICES
Task 1 - Project Manager
Task 2 - Administrative Services
Task 3 - Plan Check
Task 4 - Public Relations/City Representation
COMMUNITY INVOLVEMENT
OFFICE HOURS AND PLAN TRANSMITTAL
RELEVANT EXPERIENCE
COMMUNICATION
PROFESSIONAL FEES
APPENDIX
1) Supplemental Outline
2) Newsletters and Brochures
3) Jurisdiction's Informational Questionnaire
4) Client References
5) Applicant's Questionnaire
Page
1
4
4
5
10
12
12
15
17
18
INTRODUCTION
Philosophy
Through our experience in providing contract services to
counties and cities, BSI has identifie~ concepts and ideas
that are essential for a consultant to possess in order tO
effectively fulfill the building department requirements of
a City. They are as follows:
The experience and staff to respond to each of the City's
needs in a timely, efficient, and cost effective manner.
Administrative and management ability of a high caliber
to identify problem areas and to provide for their
correction in a timely and sure manner. The ability to
recognize and develop the attributes and strengths
staff members, and to utilize them to their full
potential must be demonstrated.
A reputation for quality performance and integrity to
successfully administer all aspects Of the codes.
. A Project Manager that is a leader with the ability to
establish goals and objectives for the department and
then lead the staff in a team effort to accomplish the
tasks leading to each objective.
Expectations and performance accountability that .is
established and adhered to.
Professional representation on behalf of the City in
order to maintain good public relations.
· Communications with the assigned City liaison to be main-
tained through meetings, memorandums, and status reports.
Coordination with other agencies which require Building
Department involvement.
· Attendance of key meetings to keep informed.on the most
recent Code Administration techniques and procedures.
The representative of BSI, as manager of plan check
services, will have the knowledge and experience to
orchestrate these concepts and ideas and make them work to
the benefit of the City.
BSI acts as an extension of the City's staff with capa-
bilities'and experience in all aspects of municipal building
safety department needs. Since the company does not perform
design work for private developers, no conflict of interest
can result during our tenure, allowing BSI staff to maintain
objectivity in the enforcement of building regulations.
The scope of regulations that affect the design and con-
struction of buildings has become increasingly diverse and
complex. It is essential to the proper operation of a build-
ing department that its staff be aware of and well trained
in the interpretation and application of codes and their en-
forcement. BSI stresses continually updated training as it
is essential in order to maintain quality code enforcement
services.
The following sections outline in more detail the scope of
services, approach, unigue qualifications, special concerns,
personnel, and experience that BSI offers the City of Tustin
to meet your day-to-day Building Safety Department plan
check needs.
SCOPE OF SERVICES
The proposed scope of services has been formatted to accom-
modate the City's plan check needs. The following is' the
itemize~ scope of services which BSI's plan check staff if
prepared to provide to the City of Tustin.
Task 1 - Pro~ect Manager-Liaison
BSI recognizes the need to assure an adequate level of com-
mitment to the Ci%y of Tustin by key personnel. A Project
Manager will be assigned that will fully commit his efforts
to the proper function of the Plan Check Department. The BSI
Project Manager will serve as an extension of the City's
staff, fully capable of providing the necessary plan check
services.
The Project Manager will be responsible for the quality of
all services' provided by the staff. He must be capable of
dealing with a diversity of personalities and many different
levels of administrative, technical, professional and manual
labor categories that are involved in the scope of building
code enforcement. The Project Manager and staff will repre-
sent the City in a professional manner in the public arena.
B$I will also provide continual documentation, providing
updated informat'ion on the status of all plans in the
process, of being checked.
Task 2.'- Administrative Services
This proposal is intended to address ~lan check services,
~however, the Request for Proposal, asked that it address the
preparation of documents for ordinance adoption. BSI
currently sprves as building officiel on an interim basis.
While other issues of more immediate concern may currently
be presenting ~hemselves, recommendations and preparation of
code amendments for adoption can be provided under our
current contract.
Task 3 - Plan Check
BSI will maintain an acceptable turnaround time on plan
checks. If fluctuations in workload necessitate overtime or
additional staff, it will be provided at BSI's expense. The
proposed turnaround time is based cn experience of the
average response time when sufficiently staffed to provide
cost effective services and meet the demands of the average
workload. The anticipated maximum turnaround time for
initial plan review will be as follows:
· Residential and small to average commercial structures
within ten working days from receipts of plans.
· Highrise or very large structures within twenty working
days-from receipt of plans.
Plan Checks will be in accordance with applicable local,
state, and federal regulations which local jurisdictions are
mandated to enforce, as well as all codes and ordinances in
effect by adoption at the time of plan check. The specific
codes, regulations, and ordinances are as follows:
.Building Codes
BSI propses to respond to your request to check for compli-
ance with the Uniform Bulding Code and the amendments to
the Code as adopted by City Ordinance.
Since revisions are contunually being made to the codes to
allow for new methods and materials in construction, it is
essential that every jurisdiction maintain a well trained
staff in order to provide quality plan check and inspection
services. BSI provides quality enforcement of the Uniform
Building Code. Our committment to a th6rough understanding
of the code and the intent with which it was written permit
consistent and proper enforcement, While maintaining the
respect of both the client and the public.
i6
.State .Handicap Regulations (0.S.A.)
BSI provide~ comprehensive administration of the handicap
regulations which the office of the State Architect man-
dates..the local jurisdicitons to enforce. This applies to
both new and existing buildings. Our staff is qualified to
interpret and enforce state law and also has the capability
to review requests for "unreasonabLe hardship" waivers and
approve or deny them in accordance with state policy,
should the City so desire.
.State Handicap Regulations (H.C.D.)
BSI also administers the new handicap regulations which
local jurisdictions are mandated to enforce by the State
Department of Housing and Community Development. Made ef-
fective on September 15, 1985, these standards pursue a
different approach than the O.S.A. regulations in that they
apply only to apartments and address adaptability as op-
posed to accessibility.
.State Energy Regulations
BSI provides energy calculation review in accordance with
the energy law requirements. Because the energy regulations
have been radically modified and continue to change,
considerable confusion in the building industry has
resulted. BSI will attach the proper documents to the plans
for use by both the inspector and the builder, facilitating
improved field relations and quality of the end product.
.State Noise Ordinance
B$I's services include checking to se~ that both interior
and exterior noise intrusion are properly addressed by. the
designer, and that the necessary assemblies provide the
required degree of sound attenuation.
.Federal Flood Plain Regulations
Many Jurisdictions have areas that, due to either their
proximity to water or their elevation, are subject to
federal flood plain regulations. If so desired, applica-
bility to each project will be checked and, if subject to
these regulations, will be addressed during the plan check
stage. This alerts the developer at the earliest possible
time in order to permit advance planning.
.Grading Ordinance and Soils Engineering
B$I responds to the critical nature of proper building pad
and sit~ design and their impact on proposed structures by
anticipating potential problems and addressing them in the
plan ~heck stage. If grading plan review is desired, our
firm has trained staff capable of administering grading
ordinances and reviewing soils reports for sound engin-
eering practices and for overseeing proper construction
methods. It is proposed that this scope of work be dis-
cussed in more depth should these services be desired.
.Other Agencies
While municipalities are not directly responsible for
enforcing the regulations and performing the duties of the
following agencies, they are obligated to identify when
these agencies are or should be involved with a project.
BSI recognizes the need to interface with the following
agencies during the plan check process.
.County Health Department
.OSHA - Occupational Safety & Health Administration
.AQMD - Air Quality Management District
.County AssessOr and Recorder
.State Water Resources Control Board'
.State' HCD Mobilehome Division
.Sanitation Districts
While ~SI provides plan check services for all of the pre-
ceding regulations, only plan check o4 the building code,
state energy and handicap regulations will be provided.
Should the City desire that BSI address other areas during
plan check, such services can be provided. Many cities
choose to perform plumbing, mechanical'and electrical plan
checks in-house, however, BSI can also provide these ser-
vices if needed.
Task 4 - Public Relations/City Representation
Ail representation with the public and other agencies re-
garding administrative actions, grievance resolutions, vio-
lation notifications and code interpretations related to
building plan check will be made in a professional and cour-
teous manner in the office, field, and at public hearings.
Upon completion of initial plan review, the applicants are
contacted by telephone and are given the option of having
l0
plans mailed to them or to be abl® to pick them up in per-
son. When they resubmit plans, they are also given the op-
tion of transmittal by mail or coming in and going over any
corrections in person. Re-checks in our office are without
interruption in one of several private offices.
11
COMMUNITY INVOLVEMENT
While the position of the enforcement agency is.often char-
acterized as being one of opposition to development, this is
not the case. BSI believes that enforcement is a part of de-
velopment. A professional, consistent, and well- trained
staff will earn the respect of the developers while enfor-
cing the codes. BSI will uphold the enforcement of all codes
related to building construction, and will also strive to
develop good community relations.
OFFICE HOURS AND PLAN TRANSMITTAL
BSI proposes to perform plan check services through its
central plan check office in Orange County. In order to
provide a structured work environment at BSI's office it is
proposed that the plans be forwarded as the City deems nec-
essary, by mail, courier or in person. From BSI's Orange
County office, plan checks, rechecks, and verbal communi-
cation with the applicants would be made. Corrections would
then be handled directly with the applicant by mail or in
person. Should review of the plans in person be desired, as
12
previously stated, an appointment would be made with the
applicant. This system is believed to be the most conven-
ient for all parties involved.
Completed plans will be stamped, signed, and forwarded by
mail or courier with a transmittal form, directly to the
City. The method by which BSI transfers plans eliminates
the possibility of the plans being tampered with when being
forwarded to the City.
A ques{ionnaire is sent to every applicant upon completion
of plan review and approval by BSI. These comments on BSI's
performance will be forwarded to the City to keep you up-
dated on the level of quality that BSI is providing.
Additional Capabilities
Independent of the services and capabilities addressed in
this proposal, BSI feels that certain capabilities serve to
indicate the range and depth of the company's expertise and
may prove beneficial to the City in the future. The range
of services are as follows:
· Engineering Management
13
· Assessment Districts
. Landscape Architecture
· Transportation Systems
· Pavement Engineering
· Traffic Engineering
· Computer Services
· Construciton Management
Surveying
Right of Way Services
Sanitation Systems
Flood Control and Drainage
· Water Systems
· Land Use Planning
· General Plan Preparation
· Specific Plans
· Zoning Ordinance Preparation
14
RELEVANT EXPERIENCE
For this service, it is proposed that Josef Ming serve as
Project Manager. His extensive background includes ~uper-
vision~of building division staff, plan check, and inspec-
tion. As a graduate Engineer from the Swiss Engineering
University at Lucerne, Switzerland, a~d a Registered Pro-
fessional Engineer in the State of California, he has worked
for the City of Westminster and the City of Costa Mesa
Building Departments. Prior to his terms of employment with
the public sector, he was employed by a Southern California
consulting firm. He has dealt with architects, engineers,
designers, developers, building owners, contractors, plan
checkers, and inspectors to ensure safe and proper building
construction through the application of federal state, and
local codes and and regulations. Mr. Ming has been involved
in the code enforcement of buildings'of a wide variety of
construction and occupancy types including single family,
multi-family, office towers, multi-storied malls, parking
garages, hotels, hospitals, jails, and industrial complexes.
15
Support staff, while contributing diverse capabilities, are
selected with certain characteristics in mind in order to
provide the combination of qualities that a public enforJ
cement official mus~ possess.
Ail plan check staff are licensed engineers and/or ICBO
certified plans examiners.
Professionalism - thorough knowledge of their job and an
understanding of the intent behind the regulations they
uphold.
Background in construction to enable a better under-
standing and relationship with the public.
Background in governmental agencies, to eliminate the
adjustment period that accompanies the transition to an
enforcement posture.
Resumes of plan check staff are included in the Appendix.
16
COMMUNICATION
While effort on t~e part of City's staff would be minimal,
input for the City's management team is welcome and consi-
dered an essential ingredient in developing a plan check
service operation that will meet the City's needs and
expectations.
Josef Ming will serve as the Project Manager for B$I and be
available to represent the City in all matters as specified
in this proposal. Ne will confer and work with the City
regarding any of their concerns. BSI will provide records
which will keep the City informed as to the status of plans
in the process of being checked.
If B$I's services are to be utilized, it is requested that
at that time, that the City forward any ordinances, poli-
cies, interpretations, etc. to BSI to assist us in providing
plan review services consistent with those of the City; also
relating to us, the editions of codes which the City is
currently enforcing. A form that could be used as a guide-
line as to what documents and information BSI would need is
included in the Appendix.
17
PROFESSIONAL FEES
Invoices are mailed on a monthly basis for plans which had
their initial review completed in the preceeding month.
proposes to provide the services outlined in this proposal
for compensation in the amount of 75% of the plan check fee
collected by the City and 65% for buildings with valuations
exceeding $1,000,000. The City's fee schedule and the most
current edition of the Building Standards Valuation Data
Chart, or an approved equivalent, would be used for
establishing such fees.
For repetitive plans such as tracts, it is proposed that
only 25% be charged for each building which is a duplicate
plan.
18
APPENOIX
SUPPLEMENTAL INFORMATION OUTLINE
ABOUT BSI
· 10.years old with approximately 150 employees.
· Serve only government agencies, to avoid conflict of
interest·
· Diversity of experience in engineering, grading, fire
codes, planning and office administration in addition
to building code - note capability flyer.
· Longevity of employees due to good benefits and office
management which allows long term contact with
individuals that clients deal with.
· Emphasize education and seminar for employee.
· Emphasis on employees with municipal backgrounds·
Resources available through association with people on
ICBO Board of Directors, Fire & Life Safety Committee,
State Handicap Rep., and diversity of different County
and City Building Department personnel as well as being
represented at Calbo and ICBO. This permits exposure
to a diversity of operations from which to learn.
· Pride in quality of services.
ADVANTAGES OF CONSULTING PLAN CHECKING
· Able to stop if workload drops off.
· Improved City image due to reduced backlog.
· Improved service because peak pressure is reduced.
WHAT BUILDING PLAN CHECK INCLUDES
· Status of plan check available to City immediately upon
placing a phone call.
· Transmittal of approved plans in consistent manner
clear to recipient for easy issuance.
. Deal direct with applicant up thru approval to avoid
unnecessary City involvement.
· Serve as extension of Ci.ty staff - interpretations,
policy enforcement, etc.
· Assure legible, usable plans for construction and for
clear interpretation and reading by field inspector.
. Code interpretations and back-up information when
-required.
· Follow up if questions'arise at a later date on plans
checked by BSI. Job is not done just because plans are
stamped.
· Check for (pending City's preferences' :
- Building and Auxiliary Codes
- Handicap (OSA & HCD), waiver determlnations if
'desired, work close with State
- Energy plan checking
- Noise
- Flood Plain
- Grading, Drainage and Soils
- Other Agencies - Health, OSHA, AQMD
· Use computer to aid in structural review.
CONCERNS AND SOLUTIONS
· Communication - assign project manager who is liaison
to City staff.
· Turnaround time being set and held to
- Good log system
- B$I'S direct contact w/applicant until ready
- Consultant is motivated by doing a good and rapid
job because that is what gets us more work
- Consultant is obligated to a contract
- Good routing/distribution when City turnaround time
is over X weeks
· Indicating plan approval and assure it is tamperproof.
- Stamp all sheets
- Refer to transmittal next to stamp on front
- Communicate to procedure with City
- Consistency of format
· Applicant needs to be advised of other agency required
approvals
- BSI notes in initial correction list all agency
approvals required as noted by City and/or as is
otherwise noted
· Interpretations consistent with City.
- Discuss,' lo~ and maintain record of City
interpretations.
-.Maintain same personnel on City's jobs
- Use checklist format by City if desired
. Applicant offering more money (overtime) to expedite
plans.
- Do not accept, perceived conflict same as City
- Expedite (take out of order) upon City request only
Sprinkler, truss, etc., shop drawings later
- Note Architect or Engineer to review in field and
accept installation of sprinklers or get total
submittal
- Truss calcs must be complete or note to resubmit to
BSI w/approved plans for review prior to fabrication
. Other agency approvals
- Bring to applicant's attention on initial check
- Coordinate with City
Awareness is key issue
BUILDING CODE
NEWSLETTER
VOL ! NO. I
MARCH' 22, 1985
INTRODUCTION
by
Scott R. Fazekas
In every municigality the
Building Services/Plan Check
Counter is usually ~he area
wi~% ~he greatest s~ount of
public activity. Coordinating
that activity is ~he Building
Official, charged with ~he
sDonsibility of 9roviding Code
enforcement and interDre=ation
on a multitude of building
tivities. Anyone directly
involved with t-he oomglexities
of Code interl~retation has
learned first_hand t/~at the
sharing of infor~ation and
ideas is ~ssential to job
effectiveness. Consistency in
enforcement not only imDroves
the 9ublic image of t. he Build-
ing Official bur also makes his
role more enjoyable.
BSI is introducing this
Newsletter to share ideas or
research in t_he form of brief
commentarie~ or diagrammatic
examgles on the Un'iform Build-
ing Code which will hoDefully
9rovoke discussions that will
contribute to the Code educa-
tion grocess. Some of t_he
issues discussed may seem
familiar; however, they are
issues that. are commonly over-
looked, controversial, or mis-
interpreted.
FORU~
Section 785 UBC: Connecting
offices,' waiting rooms, ticket
booths, etc., shall be sugglied
with conditioned air under Dos-
itive 9ressure.
Rooms Adjoining Parking Garages
The question was raised as to
when a room is considered to be
connected to a garage.
Proposal
The 9rogosed design was to in-
cor9orate a stairway from the
garage to the hotel lobby. The
designer contended that the
intent of the Code was to ad-
dress only rooms or enclosures
within the barking structure or
adjoined on the same level.
Because the stairs went up
the lobby, they felt that 9osi-
tire 9ressurization was unnec-
essary because the fumes would
settle to the floor.
Opinion
When making a determination as
to the validity of the design-
er's' rationale, the .following
observations were made:
The Code sgecifically says
"connecting" and does not
make e=ce~tion to floors
above as being exempt. The
floor above was connected by
a communicating atmosDhere.
2. The intent from t. he nature
of the Code requirement ap-
pears to be =o keep CO fumes
from migra%~ng into adjoin-
ihg areas, thus pressurizing
the sgairway between the
areas would accomplish the
same as' pressurizing the
adjoining lobby and probably
be less
3. The specific gravity of CO
is .92 and being lighter
than air would tend %o rise.
This would make a communi-
cating area above even more
recap%iv· to migra%ing
f~mes.
4. Tn· stack effect of air
which depends on %he temper-
a=ure difference of air in
individual areas and is
fee%ed by climate and air
conditioning equipment is
unpredictable and difficult
to calculate, thus encourag-
ing a conservative approach
to Code interPretation on
this issue.
ITEMS OF INTEREST
HCD Handicap Regulations
The two mos% common questions
asked about the new regulations
are when they are effective and
what parking requirements
apply.
1. Despite the confusing word-
ing which refers to both
March 15 and September 15,
the regulations are not ef-
fective until September
unless the individual muni-
cipality had adopted
regulations by ordinance.
2. The new HCD regulations are
independent of the O.S.A.
requirements. Only the
requirements %hat affect
apartments apply, and these
are itemized in A New Hori-
zon, published by S~a%e of
California HCD. Only what
is in this manual is en-
forceable. The fac% that
access from parking areas is
addressed does not warrant
full O.S.A. regulation park-
ing restrictions.
New Office Building Energy
Standards
The new office standards
are technically effective on
March 14, 1985, but will not be
effective until published by
%he Building Standards Co--is-
sion, which has not been done
as yet. These regulations will
not be mandatory but will be an
option for the designer until
some %imm in 1987. These regu-
lations will utilize two basic
forms of analysis: performance
and prescriptive. The perform-
~nce me%hod is based on an
allowable budget. The pre-
scriptive method is similar %o
the new residential regula-
%ion's cookbook a~proach such
as packages A, B, C, etc.; how-
ever, flexibility of =he man-
da~ory features has been incor-
porated in %he standards.
· B~I, 19S$. Ail =i~h~s
Die~o, CA 92127
BUILDING CODE
NEWSLETTER
VOL I
NO. 2
· INTRODUCTION'
Scott R. Fazekas
The' response to BSI's initial
.newsletter was favorable,
of the code enforcement, commu-
nity, and we lock., forward
to sharing ideas and discussing
issues relating to the Uniform
Building Code in future issues.
Due to a large number of
questions, requested discussion
on some subjects m&y no= always
appear, in the following issue.
The topics that appear to
be most useful will be ad-
dressed. The topics mentioned
so far have been great and
· we w~_ll continue to solicit
!our input, questions, and
response in developing a con-
st--uc=ive newsletter.
FORUM
ISSU~ ~!
Open Parking Garages'
Sec. 709(a) Scope.. Except
where specific provisions
are made in the following
subsections, other requirements
.of this code' shall apply.
(b) Definition. For the pur-
pose cf this sec=ion, an. o.uen
pa--king garage is a s=--uc-~ure
of Typ. e I or II construction
which is open on two' cr mo~e
sides totaling not !ess than
40 percent cf the building
perimeter and which is ~sed
exc!,usively for parking or
storage cf private pleasure
ca--s .
MAY 3 1, 15 5
For a side to be considered
open, the total area of open-
ings distributed along the
side shall be not less than
50 percent of' the exterior
a~ea of the side a~ each tier.
The area of openings may be
reduced below the minimum
50 percent for 40 percent
of the perimeter, provided
the percentage of the perimeter
in which the openings are
contained is increased propor-
tionately.
QUESTION
This code section is worded
in a way which m~kes it dif-
ficult to understand since
the obvious is hidden in the
exception to the rule. The
question frequently asked
is: "What if the design does
not incorporate 50 percent
openings cn each wall but
more than two sides are open?"
RESPONSE
50 percent of 40 percent of
the exterior walls is equal
to 20 percent of all the walls.
The Code would permit a minimum
of 20 percen~ of all the walls
~o be open. This is perm, i~ed
by :he wording "The area of
openings may be reduced below
the minimum 50 percent for
40 percent of the perLmeter,
provided the percentage of
the perimeter in which the
openings a~e contained is
increased proportionately."
If 40 percent of ~he lineal
fee~ of the exterior wall
is increased tc 100 percent,
it is increased 2% times.
By decreasing the percentage
of openings proportionally
by 2% times, 50 percent is
reduced to 20 percent.
The reason that this is over-
looked by many designers is
that the code never states
the obvious: that 20 percent
of all the walls on 'a ~Zven
total must be open or an amount
ecuivalent to that area. The
code ins~ea~ focuses on the
concept of spreading, the open-
ings out in plain view (two
walls equal to at least 40
percent of the perimeter)
to ensure a~r movement. The
real goal is to obtain suffi-
clan= air changes by natural
air movement. This can be
accomplished with openings
in more than two walls which
decreases the potential for
dead air space.
OPINION
It appears that having 20
percent of all walls open
would be more efficient than
having 50 percent of only
40 percent of the perimeter
open.
ISSUE ~2
Section 306 U.B.C.
Special Inspe=tions
QUESTION
One ~f our newsletter readers
asked that special inspections
be addressed; however, no
specific question was directed.
The most common topics of
.debate axe: 1. Can a deputy
inspector substitute for the
city building inspector?
2. How are records of the
deputy inspector processed?
3. How can the potential
for conflict of interest be
avoided when the inspector
is paid by the building owner
or developer?
RESPONSE
Number one is directly ad-
dressed in 306(a) UBC where
it states, "In addition to
the inspections required by
section 305, the ownor shall
employ a special inspector..."
The special inspector is simply
a spe6ialized, supplementary
inspectbr.
Number two is more difficult
since it is not defined in
any code section. Each juris-
diction should establish a
procedure that is consistent
and within the wishes of the
City's legal council. The
main objectives should be:
1. establish a method of
determining a special in-
spector's abilit! either by
testing or by recognizing
lioensure of eno=her agency;
2. require the special in-
spec=or =o register with the
City in advance cf any inspec-
tions, accepting responsibility
for a specific task unless
the City is notified otherwise;
and 3. review the reports
of the special inspector as
they are submitted, in a timely
manner, for their acceptance
of the me=hods and materials
used.
The response ~o number 3,
the avoidance of conflict
of interest, is best addressed
by referencing Resolution
No. 10 in the April, 1985
CALBO NEWS. The potential
for conflict is recognized
and in response to this p~ten-
tie! problem, a change in
the Uniform Building Code
· BSZ, 1985. All rig~zs
reserved. Published by BSZ,
16~80 West Bernardo Drive, San
Diego, CA 91127
was proposed to permit deputy
inspectors to be kept on con-
tract wi~h and paid b! the
building official. The devel-
.cper or owner would then
posit a ' sum sufficient to
.cover costs for the necessary
inspections.
This code' change may or may
not be adopted but it i!lus-
trates the concern on =he
part of building officials
to be able to ensure the ethical conduct cf all inspections.
FOLLOW UP
The initial newsletter was
mailed to the City Manager
instead of the Building Offi-
cial. The Building Officials
will receive all future issues.
If you did not receive a copy
of the first newsletter but
wish to ~eceive future issues,
please respond. Those who
have already responded have
been put on the mailing list.
Thank you for your'interest.
If you have any questions,
comments, or brief articles
explaining a Code issue, feel
free to use =he attached form.
Please include your name,
address, and telephone number.
We're interested in your re-
sponse and involvement.
tin: Scott Fa~,ekas
BUSINESS REPLY CARD
.~R~T ~,~,~ ~qMIT NO. ~433 SANTA ANA, ~. LIFO~NIA
I~)~TAGE WILL BE PAIO I~Y AOOFl£et$;;l=
1415 East Seventeenth Slreet
Santa An& Cali~'ornia 92701
NO POSTAGe_
IF MAILSD
IN THE
UNITED STATESI
BUILDING COD
NEWSLETTER
VOL'! NO. 3
JULY 31, 1985
INTRODUCTION
oy
Scott R. Fazekas
As this newsletter continues to
discuss di~feren~ topics relating
to the building code, it should be
recognized =ha= information offered
by SSI or selected authors is no=
intended to be applied in any spe-
cific case, but rather =o serve as
a constructive, =~ough= provoking
foci for enforcement officials.
This is fei=era=ed in this iSSUe
due to a valid concern expressed by
a plan check engineer- =hat an
article presented by B$I could be
used as a =col by a designer =o
argue a code issue. This news-
lev=er is intended to benefi= code
enforoemen= agencies and in no way
to infringe on =he code enforcement
official's professional judgemen=
so essential to the case-by-case
code interpre=a~ion process.
ISSUE ~1 - CONCRETE F~R~ RATING
Table 43-B, Item Number 34, in the
1982 edition of the UBC, acknow-
ledges the difference between Grade
A and B concrete, giving a higher
degree of fire resistance Der inch
of thickness to the Grade A con-
crete. It was reques=ed =ha= the
difference cf the materials be
addressed.
RESPONSE - Section 4302c, 1982 UBC
Concrete: Grade A concrete is made
wi=~ aggregates such as limestone
calcareous gravel, trap rock, slag,
expanded clay, shale, slate sili-
cons, or any other aggregates pos-
sessing equivalent fire-resistive
proper=les and containing 40% or
less quar=z, chef=, or flint.
Grade~ B concrete is all other con-
crete' other than Grade A concrete
and includes concre=e made
aggregates oon=aining more than
quartz, chert, or ~lint. These
aggregates respond in different
ways. Spelling occurs more rapidly
under ~ire exposure conditions in
the Grade B concrete. When Grade A
is specified, a lab report should
be completed and oonsidereC an
essential quality control measure.
ISSUE %2 - FIRE LOADS
Question: Why are offices and re-
=ail sales listed as %he same type
of occupancies in the UBC when the
fire load is vastly different?
Response: The amount and type o~
comCus=ible contents in a building~
%he fire load, is a topic that has
been addressed by the code and will
continue to permeate discussions by
code modification commit%ess. An
informs=ire publication tha~ dis.
cusses many aspects of fire load~
and provides statistical dat~
throughout is "Fire ProtecZio~
Through Modern Building Codes" by
the American Iron and Steel
Institute.
While the UBC does. not define fire
load or directly categorize occu-
pancy groups in accordance with
their combustible contents, i~ does
recognize and address the issue.
Sec=ion 3802d, 1982 UBC, acknow-
ledges that retail sales occupan-
cies are more hazardous than other
B-2 occupancies and imposes a more
restrictive sprinkler requirement
on them. Table 33-A establishes a
higher occupant load per square
foot in retail sales areas than in
offices, thus affording more effi-
cient exiting provisions.
Zn an error= to publish a code
is usable and easy to enforce, many
,similar' occupancies are listed in
groups =o avoid wha= could become
an ex=tamely'long lis= due =o =he
variaAles s=emming from the char-
ac=er and use of buildings.
ISSUE 3% - HANDICAP WAIVERS
Question: When is a building
eligible for or required to get an
exemption from the 'requirements in
=he State Handicap Regulations?
Resconse: This is a common point
of ~isoussion and confusing because
the issue is addressed in several
areas of the Regula=ions. Deter-
mining whether a building warrants
a waiver is a difficult
cause many variables .affec= each
individual project. Also, though
the Regulations are written by the
state, the Building Official is
actually =he one responsible for
both the interpretation and en-
forcement of the Regula=ions.
However, =here are several guide-
lines which are'helpful in comply-
lng with the regulations relative
=o unreasonable hardship waivers.
Title 24 - Par= II
422c, Unreasonable Hardship: An
unreasonable hardship exists when
the enforcing agency finds that
compliance with the building stan-
dard would make =he specific work
of =he project unfeasible, based
upon an overall evaluation of =he
following factors:
1. The cos= of providing access.
2. 1'ne cos= of all ccnstruc=ion
contemplated.
3. The impact of proposed improve-
ments on financial feasibility
of =he projec=.
4. The nature of the accessibility
that would be gained or lost.
5. The nature of the use of the
facility under construction and
its availability to handicapped
persons.
The details of any unreasonable
hardship shall be recorded and
entered in ~the files of =he en-
forcing agency.
No exact percentage of costs is
mentioned since =ha= depends on the
nature of the structure and its.
anticipated occupants. This tends
to cause concern on the par= of the
Building Official.
However, =here are two levels of
relief from the regulations when i~
has been determined by the Building
Official =hat an unrea~, nable hard-
ship exists.
The firs= condition is a new or
remodeled area and its support
facilities, i.e., access, res=-
rooms, etc., with a valua=ion no=
exceeding $68,500.00, excluding the
cost of accessibility features.
This is the most recent valuation
according to =he O.S.A. Falling
into this category does not exemDt
the developer from the Regulations
but only qualifies the developer
for the right to request an exempt
determination from the Building
Official. Equivalent facili=ation
is not necessary under the exemp-
=ion condition; however, a border-
line case may be decided more
easily if some equivalen~ facili-
tation is provided. The new or
remodeled area is no= eligible for
exemption but =he exis=ing support
facili=ies %re. Also, according to
the "Handicap Interpretations
Manual," it is the in=eh= that only
the features which create %he un-
reasonable hardship be waived.
Sections 2-105(h)i1.B%4 and 2-105
(b)ll.A~6 expound on the above
explana=ion.
BSI, 1985. Ail
reserved. Published ~y
Wes= Be=nardo Drive, San
The second condition is When a
building with new construction ex-
ceeds a valuation of $68,500.00.
In this case, as in many exceptions
throughout the Regulations, a
determination of unreasonable hard-
ship can still be made by the
Building Official. However,
ins=sad of allowing an exam,=ion
from the Regulations, an acceptable
means of "Equivalent Facilitation"
must be provided, i.e., an alter-
nate entry with a sign instead of a
primary entry.
When construction occurs either
above or below the $68,500.00
'limit, a request must be approved
and documented by the Building
Official be~re deviation ~rom =he
Regulatipns is permitted.
S~MPOSIUM
Dates have now been set for the 3rd Annual High-Rise Life Safety Symposium,
$oonsored by the South Coast Plaza Town Center and the City of Costa Mesa
F~re Depart. men=. The Symposium will run ~or 3 full days, October 7-9, 1985,
during Fire Prevention Week, at the Wes=in South Coast Plaza Hotel in Costa
Mesa. For the first time, ~irms with products appropriate to the
of the Symposium will be invited to exhibit and demonstrate their products.
Scheduled soeaker at the Symposium will be John Kea=ing, PhD, from the
University of Washington,. on the subject of Panic. Other subjects to be
covered in seminar or workshop ~orma=: Earthquake preparedness, Building
Fire Control Systems, Terrorism, Pre-Fire Planning, Life-Safety Systems,
Handle Medical Emergencies, and Annual High-Rise Inspections. A special
feature will be an ac=ual cons=ruction tour.
Registration Brochures will be mailed shortly =o all recipients of the
Newsletter. FOr more information, call (714) 978-2081.
Att~: Sco~ Fazekas
-- ~k~ I-,ere
IBUSINESS REPLY CARDI
1415 East Seventeenth Street
Santa Ana, California 92701
NO POSTAG~-
NECESSARY
IF MAILED
IN THE
I UN,~D STATS. S,
]
BUILDING COD
NEWSLETTER
VOL I '.NO. 4
JANUARY 1986
INTRODUCTION
by
Scott R. Fazeka~
The following article has been the topic of many code discussions and wil~
probably continue to frustrate many code officials. It's-rather lengthy
but is well worth analyzing·
FORUM
The following article expresses the State Fire Marsha!'s (SFM) conclusions
regarding the occupancy classification of Ambulatory Surgery Centers
(ASC's). It was sent in by one of our readers who had discussed thi:~
subject with other code enforcement officials and found that mos~:
considered outpatient clinics to be allowed as B-2 classifications instea~
of I-2. It was requested that a poll be taken to find out the overal
opinion· The article is as follows:
WHAT YOU NEED TO KNOW A~OUT A$C'S
An Ambulatory Surgery Center is a facility where surgery is
performed on an outpatient basis, and which is further defined by
the following conditions:
3.
4.
5.
The surgery being performed is of a minor nature that
could normally be done in a doctor's office·
There arc no overnight stays·
Most of the patients are ambulatory.
The unit closes at 5:00 p.m. each day.
There are facilities resembling a hospital, .such as.
holding area, surgery, recovery, and isolation rooms.
Patients are anesthetized and moved on gurneys through
the halls.
There are alcoves provided in the corridor for gurney
storage.
It has been concluded by the State Fire Marshal that these
facilities are a "hospital" and should be classified as a Group I,
Division 1 Occupancy. The fact that there are no overnight
patients does · not preclude classification as a hospital. After
minor surgery, where a general anesthesia has been applied, a
patient would be nonambulatory. Moreover, Webster defines a
"hospital as an institution where medical and surgical care are
qiven to the sick and injured."
Where the primary use of the facility is medical offices - where
minor incidental surgery requiring only local anesthesia is
performed - we would concur with a classification as a Group B,
Division 2 Occupancy. However, an ASC is not significantly
different from most hospital facilities; and in accordance with
the second paragraph of Section 501 of the code, the
~!~s~ificaticn as a hospital is a~Drc~riate.
Typically, proposals for construction of an ASC are submitted to
local fire and building officials as either "doctors' okfices" or
a "clinic," which would be classified as a B-2. Since these
facilities are not required to be licensed by Public Health, the
State Fire Marshal does not become involved..
On the other hand, if licensing is requested, and plans are
submitted to the SFM, then the facility will be classified as a
Group I.Oocupancy.
Frequently, after construction is completed, facility owners will
apply for federal funding. This automatically imposes the
provisions of the Life Safety Code (NFPA 101) for institutional
occu ancies (as applied by the State Fi~e Marshal). At this
point, the owner will be required to provide additional fire and
life safety provisions which would not ap-ply' to a facility
classified as a B-2.
we recommend that local fire officials refer all proposed ASC
facilities to the SFM Regional Office in the area where the
facility is to be located. This way, the architect can be made
aware of any additional provisions that would be required if the
facility is to be licensed by Public Health, or if it should come
under federal regulations.
The reader, and others he has conferred with, states that he believes a B-2
classification for an ASC should be used since an ASC is similar to a
doctor's or dentist's office. The State Fire Marshal believes that an A$C
should be an I-1 Occupancy, not an I-2, due to the character of the
procedures actually being used.
Provided for reference at this point are the definitions of I-1 and I-2 in
the U.B.C.
Sec. 1001 Group I O~cupancies shall be:
Division 1. Nurseries for the full-time care of children under
the age of six (each accommodating more than five persons).
Hospitals, sanitariums, nursing homes with nonambulatory patients
and similar buildings (each accommodating more than five persons).
Division 2. Nursing homes for ambulatory patients, homes for
children six years of age or over (each accommodating more than
five persons).
According to the U.B.C~, unless more than five persons are served, such
facilities Would not be subject to I-Occupancy requirements. If over five
ambulatory persons are served, then it would be a matter of determining if
the facility was considered a nursing home or not. If it was a nursing
home, the U.B.C. defines it as an I-2. A nursing home is defined by
Webster as: ~ privately operated establishment where maintenance and
personal or nursing care are provided for persons (as the aged or
chronically ill) who are unable to care for themselves properly. This does
not describe a doctor's or dentist's office, and it would seem that a B-2
Occupancy would best apply for clinics where the patient remains
ambulatory.
An entirely different issue is being addressed in the State Fire Marshal's
office. His concern and opinion is that clinics, or ASC' s, have
nonambulatory patients and thus fall in~o an I-1 Occupancy classification.
The term Ambulatory Surgery Center is misleading because the patients are
not really ambulatory according to items 3, 6 and 7 in the State Fire
Marshal's article. These differentiate an ASC from a doctor's office, and,
in fact, make the word ambulatory in ASC a contradiction. It shows that,
if only for a short period of time, patients are actually incapacitated or
"nonambulatory."
The point that the State. Fire Marshal appears to be making is that if
.corridors will have gurneys in them and patients are anesthetized, thus
showing that'the occupants are. not capable of self-preservation, an
Occupancy classification is in order.
If patients were really "ambulatory," then ~an I-2 or B-2 classification
would seem in order; however, if we look to-NFPA 101 for a definition,
Sections 12-1.2.2 and 12-1.3(e)', they specifically state that the patient~.
in "Ambulatory Health Care Centers" (A$C'S) are not ambulatory.
12-1.2.2 Ambulatory care, medical clinics and similar facilities'
which are contiguous to health care occupancies but are primarily
intended to provide outpatient services may be classified as a
business or ambulatory care occupancy provided the facilities are
separated from health care occupancies by not less than 2-hour
fire-resistive construction.
Exception: When the business occupancy or similar facility is
intended to provide:
(a) Services for hospital patients who are litter
borne, or,
(b) 'General ~nesthesia services,
the section shall meet all requirements for health care
facilities.
12-1.3(e) Ambulatory Health Care Centers. A building or part
thereof used to provide services or treatment to four or more
patients at the same time and meeting either (1.) or (.2) below:
Those facilities which provide, on an outpatient
basis, treatment for patients which would render
them incapable of taking action for self-preserva-
tion under emergency conditions without assistance
from others, such as hemodialysis units or
freestanding emergency medical units.
Those facilities which provide, on an outpatient
basis, surgical treatment requiring general
anesthesia.
This explain's the State Fire Marshal's position that was expressed in The
article.
An office having only ambulatory patients could be a B-2 Occupancy, and -~
ASC, according to NFPA and the State Fire Marshal, should be an
Occupancy. As with any building, the intended use must be specified
allow for proper plan review.. A qualifying statement should also appear ~
the certificate of occupancy when finaled, indicating the permitted use.
If the intended use is really for ambulatory patients, then a B-2
classification may be appropriate, but if general anesthesia is used, and
corridors are designed to facilitate the use of gurneys, then an I-1
classification would be appropriate realizing, however, that the term
Ambulatory Surgery Center may accompany such use.
Any reader wi~h additional informal!on or a differen: opznzcn zs encouragec'
to write. If a general concensus is arrived at other than that expressed
in this article, it will.be published in the next issue of the newsletter.
CONSULTING PLAN CHECK
Many cities and counties are ~inding that there is a growing need, due to
the current rate of building development, to contract with consulting firms
to meet established plan check turn-around times. B$I provides the full
range of plan check services and has prepared and worked with different
contracts and agreements. It is possible, through BSI, to contract for
these services without'municipal budgetary constraints. There are ways
that any jurisdiction can contract such services without paying funds
directly from City or County funds.
If BSI cab help your agency with your building plan check needs, feel free
to call Scott Fazekas, Vice President-Building Services Division, at (714)
558-1952.
JOB OPPORTUNITIE~
Building Plan Check Engineer - BSI Consult'ants, Inc., San~a Aha, CA -.
(Salary: DOQ plus excellent benefits and growth potential.) BSI is a
established firm that provides plan check serv'ices for multip1'
jurisdictions in Southern CA. Requires the ability to review plans fc
compliance with the Uniform Building Code, Bnergy and Handicap Regulations
A Bachelor's degree in architecture or engineering is required and
licensure is desirable. Send resume to: BSI Consultants, inc., 16880 W
Bernardo Drive, San Diego, CA 92127, ATTN: Nancy Ritchie.
City of E1 Segundo
BSI has been providing services to the City of E1 Segundo as interip
Building Safety Director. The City of E1 Segundo is recruiting to fill two
challenging career opportunities:
BUILDING SAFETY DIRECTOR:'$39,800 to $56,400 per year, plus City-paid PERS
and benefits. The City is seeking a progressive manager to direct a
comprehensive building safety and environmental control department. Apply
by: February 7, 1986.
FIRE PREVENTION INSPECTOR II: $27,840 to.$33,840, plus City-paid PERS au~
benefits. 9osi~ion in civilian Fire Prevention Bureau to inspect hazardous
materials, process permits, and maintain records. Apply by: February 4,
1986.
Applications may be obtained from the Personnel Office, City of E1 Segundc
(213) 322-4670, extension 204.
16880 W. Bernardo Drive
San Diego, CA 92127
BUL~i RATE
U.S. POBTAGE
PAID
[PERMIT NO. 450
LABEL
Building Services Division
B$1 CONSULTANTS, INC,., a Be .rryman &
Stephen,son Industries company, is pleased to
offer its clients complete and comprehensive
Building S~'ices. This important discipline is
tailored specifically to supplement our client's
staff or fo provide -all necessary, services on a
contractual Basis.
The Bnildin$ Services DiscipLine
BSI provides:
· building code, fire code, and ancil?ary
code interpretation and administration
· interpretation and administration of state
and f~deml laws which are mandated to
locM iurisdictions for entbrcement
· cx)mplete plan check and inspection
services of buildings and structures
· processing of all re'lated documentation
These services are provided for all ~pes of
structures ranging from single family
residences to commercial and residential
high-rises. The ability, to interface well with
other disciplines involved in the devek)p-
ment process as well as with the public is a
highly regarded and ecosential function which
is also provided. BSI will provide all of these
services or any combination thereof that will
fit the needs of its clients.
Building Codes
Because revisions are continually being
made to the codes to allow for new methods
and materials in construction, it is essential
that every jurisdiction have a~ailable a well-
trained stafl in order to provide quail .ty plan
check and inspection services. BSI provides
quality, enforcement of the building code
and ancillary, codes. Our thorough under-
standing of the c{x. le and the intent with
whi~Jh it was written permit consistent and
proper enforcement while maintaining the
respect of tx)th the client and the public.
Fire Codes
The design of water supply ~'stems ti) the
building site, standpipe and sprinkler
~Tstems, alarm .~.'stems, fire department
access, fire flow calculations, flammable
material handling, etc., all contribute to safe
building design. These feuwres are typically
reviewed by Fire Department personnel. Tile
unique combination of building and fire
services, integr;tted to provide efficient and
comprehensive plan checks, is a<filable
through BSI.
State Handicap Regulations
BSI provides comprehensive administration
of the tmndicap regu 'lations which the Office
of the State Architecx mandates loc:ti juris-
dictions to entbrce. This applies to Ix)th new
and existing buildings. Our staff is qualified
to interpret and enforce state law and also
has the c~apabili$· to review requests for
"unreasonable Hardship- waivers and
approve or den.,,' them in accordance with
state policT.
State Handicap Regulations
(H.C.D.)
BSI also administers the new handicap
regulations which Iix:al jurisdictions are
mandated to enfi)rce by the State Depart-
ment of Housing and CommuniD, Develop-
ment. Effective September 15. 198'~. these
stanc'iarcts ';,,'ill pursue a different approadl
than the O.S.A. regulations in that tile}' apply
only to apartments :md address adaptabilitT
as opposed to accessibili .fy.
State Energy Regulations
BSI provides energy, calculation review anti
field inspection (~f energy law requirements.
Bex.-ause the energy, regulations have
radically modified and continue to change.
considerable confiasion in the building
indust_W has resulted. BSI provides a tbrmat
that is easily underst(zxl by both the
inspector and the builder thcilicating
improved field relations ;md improved
quali~' of the end pr{)ducl.
State Noise Ordinance
BSI's ~rvices include checking to see that
both interior and exterior noise intrusion ;Ire
properly addressed by the designer and that
the necessary assemblies provide the
required degree of ~mnd attenuation.
Federal Hood Plain Regulations
,Many jurisdictions haw ar{_~as that, due to
either their proximitT to v~:tter or their
elevation, are subiect to tbdeml fltx)d plain
regvlations. We provide enforcement of
these regulations during Ix)th the design and
construction phase.
Grading and Soils Engineering
BSI responds to tile critical nature of proper
bt, ilding pad and site design and their
DATE
JIIRISDICTION:
Items BSI is' resl~Dnsible for
Fire Life Safety ...............
Structural Design ..............
State Handicapped ..............
Authority Hardshi9 Waivers .....
State Energy / Climate Zone ....
State Noise ....................
Flood Plain Management-. ........
P,M, & E .......................
Grading Plan Check .............
Grading Ordinance ..............
Drainage Plan Check ............
Security Ordinance .............
ApplicsJ~le codes
CODE EDITION
UBC
UPC
UMC
NEC
OTHERS
APPENDIX
~_MENDMENTS
a
Jurisdiction's Personnel
N~E
Building
TI?~E
PHONE
Official
Contact
BUILDING AND SAFETY CLIENT REFERENCES
CITY OF COSTA MESA
Services: Interim Building Director
Plan Check
Reference: Allan Roeder, City Manager
(714) 754-5327
CITY OF EL SEGUNDO
services: Interim Building DirectOr
References: Arthur Jones, City Manager
(213) 322-3670 ext.%226
Tom Chan, Sr. Plan Check Engineer
(213) 322-4670 ext.%210,211
CITY OF GARDEN GROVE
Services: Plan Check
Reference: John Gustafson, Building O~ficial
(714) 638-6661
CITY OF HAWTHORNE
Services: Plan Check
Reference: Victor C. Newton, Director of Building and
Safety
(213) 970-7950
CITY OF HERMOSA BEACH
Services: Plan Check
Reference: William Grove, Building and Safety Director
(213) 376-6984
CITY OF LONG BEACH
Services: Plan Check
Reference: Ben McVicker, Chief Engineer
(213) 590-6921
COUNTY OF LOS ANGELES
Services: Plan check
References: Harry Stone, Superintendent of Building
(213) 738-2131
Don Wolfe, Asst. Superintendent of Building
(213) 738-2133
Abe Hamad, Senior Structural Engineer III
CITY OF SAN BERNARDINO
Services: Plan Check
Reference: Charles Dunham, Building Director
(714) 383-5274
CITY OF SANTA ANA
Services: Plan Check
Reference: Joseph Mazzeo, Building Official
(714) 834-4991
CITY OF TUSTIN
Services: Building Official
Reference: Rob Balen, Community Development Director
(714) 544-8890
CITY OF VILLA PARK
Services: Building Official
Plan Check
Inspectors
Reference: Carolyn Veregge, City Manager
(714) 998-1500
CITY OF YORBA LINDA
Services: Plan Check
Reference: Ahmad Tabbaa, Building Official
(714) 777-5000
SCO T FI. FAZEKAS
Certified Building O~ficial, CABO
Certif.ied plans Examiner, ICBO
Certified ~lding Inspector, ICBO
Combination Buildin9 Ins9ector, California
Instructor Credential, California
Bachelor of Science in Architecture, .
California State Polytechnic University
Structural Supplementary Course Work,
California State University, Fullertcn
Mr. Fazekas manages the finm's Building Services Division and has worked
with architects, engineers, designers, contractors, plan checkers, in-
spectors, developers, and building owners to assure sa~e building con-
struction through the application of federal, state, and local codes and
reg, ~l at ions.
Mr. Fazek~ has plan checked building types and occupancy groups which
encompass the entire spectrum of categories listed in the Uniform
Building Code. He has also contributed to the furtherance of ~oth the
design and c~de enforcement professions by presenting and speaking at
code-related seminars and by instructing code classes with the Rancho
Santiago C~,~nity College District.
Frc~ Decenber 1982 to January !985, Mr. Fazekas served as Plan Check
Engineer for the City of Costa Mesa where he was responsible for code
administration, plan checking, and supervision of plan check, inspec-
tion, and clerical staff. Prior to his employment with the City of
Costa Mesa, he was employed by the City of Newport Beach for ten years
in the capacity, of Building Inspector and subsequently as Plan Check
Engineer.
Agencies presently being served by Mr. Fazekas' Building Services
DivisO~ include the County of Los Angeles and the Cities of Costa Mesa,
E1 Segundo, Santa Ana, Villa Park and Yorba Linda Building Departments.
PROFESSICNAL AFFILIATICNs:
International Conference of Building Officials
California Building Officials
'JOSEPH P. MING
Registered Civil Engineer, California
EDUCA_~I~:
Bachelor of Science in Civil and Structural
Engineering, Swiss Engineering University,
Lucerne, Switzerland
Structural Su~le~entary Course Work,
California State University, Long Beach
Mr. Ming joined BSI CONSULTANi~, INC. in September 1985, and currently
serves as Senior Plan Check Engineer to governmental agencies. He has a
thorough knOwledge of the Uniform Building Code and extensive experience
in code administration and enforcement. His past experience in building
safety depa~'.htents for both the public and private sectors has given him
a strong background in all phases of plan check, including office
towers, multi-story m~] Is, subterranean garages, hotels, hospitals,
industrial c~L~lexes, and other major s~ructures.
Prior to joining BSI, Mr. Ming served as Chief Plan Check Engineer with
the City of Costa Mesa. In this capacity he was responsible for the
supervision of the plan check and inspection staff, and the plan check
of major structures. Important projects included Sou~h Coast Plaza II,
Metro Center and South Coast Executive Center.
Previously Mr. Ming was ~ployed by a Southern California consulting
firm where he specialized in building plan c~heck activities.
PROFESS ICigAL ASSOCIA~"~ONS:
Structural Engineers Association of Southern California
FROFESSIC~AL
Engineer in Training, California
Bachelor of Science in Civil Engineering,
California Polytechnic State University,
Pomona, CA
Supple.~nt_~! Courses in Structural Design
Mr. Duong is a Plan Check Engineer in the Building Safety Division of
SSI C~SUL~S, INC. He is experienced in the review of commercial,
industrial and residential structures. His exgertise includes checking
for compliance with building codes and ordinances as w~ll as handicap,
energy and noise regulations.
Prior to his employment with BSI, Mr. Duong served as a Plan Check
Engineer with the City of San Diego Building Department where he was
responsible for a wide variety of single-f_~m~ly, ,~lti-f-m~ly, commer-
cial and industrial buildings. Responsibilities also included serving
at the ~olic counter where he assisted by providing code interpreta-
tions and direction on the processing of permits.
Mr. Ducng's structural background is augmented by numerous advanced
structural courses in steel, concrete aDz~ seismic design. His ability
to communicate in an academic environment is also enhanced by his
e .xperience as an assistant instructor in the Math Department at
California State Polytehnic University,
M.Z. FOROUTAN
PBOFESSI(1NAL REGI~-~'KATIC~:
Begistered Civil Engineer, California
Bachelor of Science in Civil Engineering,
Cornell University, Ithaca, New York
Mr. Foroutan supervises the plan checking services BS! CONSULTANTS, INC.
provides to the Cities of Yorba Lin(La, Stanton, Los Al~nitos, Villa
Park, A~3oura Hills, and Laguna Beach. In addition, he provides super-
vision of er~3ineering services for design of structures SUch as flood
control facilities, shore protection sheet piling, and bridges.
In the past ten years, he has provided consulting services for planning,
engineering, and administration of contracts for private ~and public
projects including a $2,500,000 conck~ninium project in Los Angeles;
~b~ Weir Canyon road overpass bridge in Yorba Linda, with a total cost
of $1,200,000; c~oarative study reports for E1 Toro Road over Aliso
Creek for ~he County of Orange; a~ld widening of Lakeview Avenue bridge
in the City of Yorba Linda.
Frcm 1969 to 1975, he provided consulting services to goverr~ental
agencies such as San Diego and Orange Counties and the Ministry of
Public Works of Ecuador, South America, for the design of several
bridges as well as the preparation of contract plans for office
buildings and parking structures in the Cities of Beverly Hills and
Sacramento.
Previously, Mr. Foroutan provided consulting services for design and
preparation of construction plans for numerous overpass bridges for ~he
State Highway Depa~,ents of New York, Vermont, Delaware, New Jersey,
and Connecticut. A major highway overpass in Connecticut' was awarded
the AISC Prize Bridge for Highway Separation.
EXH]BIT "B"
SPEC]AL REQUIREMENT
1. City hereby waives Section 1.5 (b) in Agreement.
City waives Section 3.1 "Time of Essence" in Agreement.
0
City hereby waives Section 5.3 "Performance Bond" requirements in
agreement.
4. City hereby waives Section 7.6 "liquidated
Agreement.
damages" requirements in
5. With no additional cost to City, Contractor is to provide timely pick-up
and delivery of plans on an as needed basis.
All plan check processing and plan transmittals shall be provided at Tustin
City Hall. Reviewed plans and comments prepared by Contractor 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 Contract Officer. If authorized by Contract
Officer, Contractor in the interest of expediency and improved service to
public may deal d~rectly with applicant.
Pursuant to Section 7.7 of Agreement, termination rights are reciprocal
allowing BSI to also terminate Agreement within 30 days written notice to
Contract Officer.
EXHIBIT "C"
SCHEDULE OF COMPENSATION
Payment for' building plan check services shall' be made to Contractor by
o
City on a monthly basis in the amount of 7SI of the plan check fee
collected by the Cit~ or 65[ of the plan check fee for buildings with
valuation'of work exceeding $1,000,000.
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 Contractor for any matter
related to building services for which Contractor is not otherwise
compensated, City shall compensate Contractor at the rate of $52.00 per
hour for such services. Such services shall require prior approval of and
be rendered'at the direction of the Contract Officer.
Exhibit "C"
Page two
am
Payment for infrastructure plan check services shall be made to Contractor
by Cit7 on a monthly basis in the amount of $0~ of the 'Public Improvement
Inspection and Plan Check Fee collected by the City.
Should the City wish to have Contractor perform infrastructure plan check
and field inspections services, said services shall be compensated in the
amount of 85% of the Inspection and Plan Check Fee for Public Improvements.
5. Should the City wish to have Contractor perform these services identified
as items a, b and c of Exhibit B of the Contractor's Proposal for
infrastructure plan check services, they shall be compensated per the
following schedule of hourly rates:
Classification Hourly Rate
Project Manager
Registered Civil Engineer
Plan Check Engineer
Plan Checker
Senior Construction Observer
Construction Observer
$76.00
70.00
60.00
54.00
$4.00
46.00
Exh~btt "C"
Page three
Should the City elect to have Contractor check subdivision tract or parcel
maps for conformance wtth the Subdlvislon Map Act, Orange County
Monumentatfon requfrements, and City conditions, compensation for such plan
check shall be per following fee schedule:
Tract Map $1,000 per map plus $10.00 per
Parcel Map $ 700 per map plus $25.00 per parcel
7. With .no addftfonal cost to City, Contractor is to provide tlmaly pick-up
and delivery of plans, on an as needed basts.
8. Compensation shall include only these items specifically indicated fn this
Exhtbtt.
~n submfttfng payment requests, Contract Office shall not 'only provide
information on payment requested but also amount of remaining contract
maximum btllfng~
EXHIBIT "D"
SCHEDULE OF PERFORMANCE
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 Contract Officer. Contract Officer
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 Contractor and Contract Officer. 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.
When requested, Inspections shall be performed within time schedule
requested by the Contract Officer.
e
A schedule for special projects and reports shall be as agreed by
Contractor and Contract Officer and shall be incorporated herein by
reference.
CONTRACT
SER¥ICES AGREEMENT
THIS AGREEMENT FOR CONTRACT SERVICES (herein "Agreement"), is made and
entered into by and between the CITY OF TUSTIN (herein "Ctt "'
y ~, a municipal
corporation and G P S Consu3ttn~ Civil Engtneertn~ (herein
"Contractor"). The parties hereto agree as follows:
1.0 SERVICES OF CONTRACTOR
1.! Scope of Services. In compliance with all terms and conditions of
this Agreement, the Contractor shall provide those services specified in
the "Scope of Services" attached hereto as Exhibit "A" and incorporated
herein by thts reference, which services may be referred to herein as the
"services" or "work" hereunder. Contractor warrants that all services will
be performed in a competent, professional and satisfactory manner tn
accordance with the standards prevalent in the industry.
1.2 Contractor's Proposal. The Scope of Services shall include the
Contractor's proposal or bid which shall be incorporated herein by this
reference as though fully set forth herein. In the event of any
inconsistency between the terms of such proposal and this Agreement, the
terms of this Agreement shall govern.
1.3 Compliance with Law. All services rendered hereunder shall be
provided in accordance with all ordinances, resolutions, statutes, rules,
and regulations of the City of Tustin and any Federal, State or local
governmental agency of competent jurisdiction.
1.4 Licenses and Permits. Contractor shall obtain at its sole cost and
expense such llcenses, permits and approvals as may be required-by law for
the performance of the services required by this Agreement.
1.5 ~mtllartt¥ wtth Work. By executing this Contract, Contractor
warrants that (a) he has thoroughly investigated and considered the work to
be performed, (b) he has investigated the site of the work and fully
acquainted himself with the conditions there existing, (c) he has carefully
considered how the work should be performed, and (d) he fully understands
the facilities, difficulties and restrictions attending performance of the
work under this Agreement. Should the Contractor discover any latent or
unknown conditions materially differing from those inherent in the work or
as represented by the City, he shall immediately inform City of such fact
and shall not proceed except at Contractor's risk until written
instructions are received from the Contract Officer.
1.6 Care of Work. The Contractor shall adopt reasonable methods during
the life of the Agreement to furnish continuous protection to the work, and
the equipment, materials, papers and other components thereof to prevent
losses or damages, and shall be responsible for all such
persons or property, until acceptance of the work by City,
losses or damages as may be caused by City's own negligence.
damages, to
except such
1.7 Additional Services. In accordance with the terms and conditions of
this Agreement, the Contractor shall perform services in addition to those
specified in the Scope of Services (Exhibit "A") when directed to do so by
the Contract Officer, provided that Contractor shall not be required to
perform any additional services without compensation. Any addition in
compensation not exceeding ten percent (10~) of.the Contract sum may be
approved by the Contract Officer. Any greater increase must be approved by
the City Manager.
1.8 Special Requirements. Additional terms and conditions of this
Agreement, if any, which are made a part hereof are set forth in the
"Special Requirements" attached hereto as Exhibit "B" and incorporated
herein by this reference. In the event of a conflict between the
provisions of Exhibit "B" and any other provisions of this Agreement, the
provisions of Exhibit "B" shall govern.
2.0
COMPENSATION
2.1 For the services rendered pursuant to this Agreement, the Contractor
shall be compensated in accordance with the "Schedule of Compensation"
attached hereto as Exhibit "C" and incorporated herein by this reference.
The method of compensation may include a lump sum payment upon completion,
payment in accordance with the percentage of completion of the services,
payment for time and materials based upon the Contractor's rates as
specified in Exhibit "C", but not exceeding the Contract Sum, or such other
methods as may be specified in the Schedule of Compensation {Exhibit "C").
Compensation may include reimbursement for actual and necessary
expenditures for reproduction costs, transportation expense, telephone
expense, premiums for bonds and insurance, and similar costs and expenses
when and if specified in the Schedule of Compensation (Exhibit "C").
2.2 Method of Payment. Any month in which Contractor wishes to receive
payment, no later than the first (1st) working day of such month,
Contractor shall submit to the City in the 'form approved by the City's
Otrector of Finance, an invoice for services rendered prior to the date of
the invoice. City will pay Contractor for all expenses stated thereon
which are approved by City pursuant to this Agreement no later than the
last working day of said month.
3.0 PERFORMANCE SCHEDULE
3.1 Time of Essence.
Agreement.
Time is of the essence in the performance of this
3.2 Schedule of Performance. All services rendered .pursuant to this
Agreement shall be performed within the time period established tn the
"Schedule of Performance" attached hereto as Exhibit "D" and incorporated
herein by this reference. Extensions to the time period specified in the
Schedule of Performance may be approved in writing by the Contract Officer.
3.3 Force Majeure. The time period specified in the Schedule of
Performance (Exhibit "O") for performance of the services rendered to thi.s
Agreement shall be extended because of any delays due to unforeseeable
causes beyond the control and without the fault or negligence of the
Contractor, including, but not restricted to, acts of God or of the public
enemy, acts of the Government, fires, earthquakes, floods, epidemic,
quarantine restrictions, riots, strikes, freight embargos, acts of any
governmental agency, and unusually severe weather if the Contractor shall
within ten (10) days of the commencement of such delay notify the
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~ontracttng Officer shall ascertain the facts and the extent of delay, and
extend the ttme for performing the services for the.period of the enforced
delay when and tf in his Judgment such delay ts justified, and the
Contracting Officer's determination shall be final and conclusive upon the
parties to this Agreement.
3.4 Term. Unless earlier terminated tn accordance with Section 7.5 of
this Agreement, this Agreement shall continue~tn full force and effect
until completion of the services but not exceeding one (1) year from the
date hereof, except as otherwise provided in the Schedule of Performance
(Exhlbtt "D").
4.0 COORDINATION OF WORK
4.1 Representative of Contractor. The following principals of Contractor
are hereby d~signated as being the principals and representatives of
Contractor authorized to act in its behalf with respect to the work
specified herein and make all decisions in connection therewith:
Norman Spielman, G P S Consultin9 Civil Engtneerin9
17821E. Seventeenth Street; Suite 295
Tusttn, Ca. 92680
It is expressly understood that the experience, knowledge, capability and
reputation of the foregoing principals were a substantial inducement for
City to enter into this Agreement. Therefore, the foregoing principals
shall be responsible during the term of this Agreement for directing all
activities of Contractor and devoting sufficient time to personally
supervise the services hereunder. The foregoing principals may not be
changed by Contractor without the express written approval of City.
5.0
4.2 Contract Officer. The Contract Officer shall be such person as may be
designated by the City Manager of City. It shall be the Contractor's
responsibility to assure that the Contract Officer is kept informed of the
progress, of the performance of the services and the Contractor 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 Contractor, its principals and
employees were a substantial inducement for the City to enter into this
Agreement. Therefore, Contractor shall not contract with any other entity
to perform in whole or in part the services required hereunder without the
express written approval of the City. In addition, neither this Agreement
nor any interest herein may be assigned or transferred, voluntarily or by
operation of law, without the prior written approval of City.
4.4 Independent Contractor. Neither the City nor any of its employees
shall have any control over the manner, mode or means by which Contractor,
its .agents or employees, perform, the services required herein, except as
otherwise set forth. Contractor shall perform all services required herein
as an independent contractor of City and shall remain at all times as to
City a wholly independent contractor with only such obligations as are
consistent with that role. Contractor 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.
INSURANCE,' INDEMNIFICATION AND BONDS
5.1 Insurance. The Contractor shall procure and maintain, at its cost,
and submit concurrently with its execution of this Agreement, public
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11ability and property damage ~nsurance against all c~atms for ~n~ur~es
against persons or damages to property resulting from Contractor's acts or
omissions rt~fng out of or related to Contractor's performance under thts
Agreement. Contractor shall also carry Workers, Compensation Insurance tn
accordance wtth State Workers' Compensation laws. Such Insurance shall be
kept In effect during the term of this Agreement and shal~ not be
cancellable without thirty (30) days' written not~ce of proposed
ca. ncellatton to City. A certtffcate evfdencfn~ the foregoing and namtng
the City as an addtttona~ tnsured shall be delivered to and approved by the
Ctty prtor to commencement of the services hereunder. The procuring of
such Insurance of the delivery of polfctes or certificates evldenc~ng the
same shal~ not bf construed as a 11m~tatton of Contractor's oblfgatfon to
Indemnify the Ctty, 1ts contractors or employees. The amount of Insurance
required hereunder shall Include comprehensive general 1lability, personal
injury and automobile 1lability wJth l~mtts of at least $1,000,000 combined
stngle l~mtt per occurrence and professional 11ability coverage with l~mtts
of at least $500,000 combined single 11mit per occurrence.
5.2 Indemnification. The Contractor shall defend, Indemnify and hold
harmless the City, 1ts officers, agents and employees, from and against any
and all actions, sutts, proceedings, clatms, demands, losses, costs, and
expenses, ~ncludlng legal costs and attorneys' fees, for Injury to or death
.of person(s), for damage to property (including property owned by the C~ty)
and for errors and omissions committed by Contractor, 1ts officers,
employees and agents, artstng out of or related to Contractor's performance
under this Agreement, except for such Toss as may be caused by City's sole
negligence or that of ~ts officers, agents or employees.
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Performance Bond. Concurrently with execution of this Agreement,
shall deliver to City a performance bond in the penal sum of the
amount of s Agreement, in the form provided by the City Clerk, which
secures the performance of this Agreement, unless such requirement
is waived by ~he tct Officer. The bond shall contain the orlginal
notarized signature of ~thortzed officer of the surety and affixed
thereto shall be a certified current copy of his power of attorney.
The bond shall remain in force durtn entire term of the Agreement and
shall be null and void only if the tor promptly and faithfully
performs all terms and conditions of this A
6.0 RECORDS AND REPORTS
6.1 Reports. Contractor 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. Contractor shall keep such books and records as shall be
necessary to 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. All drawings, specifications, reports,
records, documents and other materials prepared by Contractor 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 Contractor shall have no claim for
further employment or additional compensation as a result of the exercise
by City of its full rights of ownership of the documents and materials
hereunder. Contractor may retain Copies of such documents for its own use.
-8--
It shall have an unrestricted right to use the concepts embodied therein.
6.4 Release of Documents. The drawings, specifications, reports, records,
documents and other materials prepared by Contractor in the performance of
services under this Agreement shall not be released publicly without the
prior written approval of the Contract Officer.
7.0 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 Contractor
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. 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.
-9-
7.3 .,~aiveP. No delay or omission in the exercise of any right or remedy
of a nondefaulting party on any default shall impair such right or remedy
or be construed as a waiver. Ci'ty's consent or approval of any act by
Contractor requiring City's consent or approval shall not be deemed to
waive or render unnecessary City's consent to or approval of any subsequent
act of Contractor. 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 Actfon. 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, or to obtain
any other remedy consistent with the purposes of this Agreement.
l Liqutdated Oamages. Since the determination of actual damages for any
performance of this Agreement would be extremely difficult or
to determine in the event of a breach of this Agreement, the
ContractoP~nd its sureties shall be liable for and shall pay to the City
the sum of $~ as liquidated damages for each working day of
delay in the perX~X~rmance of any service required hereunder, as specified in
the Schedule of Per~rmence (Exhibit "O"). The City may withhold from any
x
monies payable on ac~nt of services performed by the Contractor any
accrued liquidated damage~ ·
-1(]-
7.7 Termination Prtor to Expiration of Term. The Ctty reserves the rtght
to terminate this Agreement at any ttme, with or without cause, upon thirty
(30) days' written notice to Contractor, except that where termination Is
due to the fault of the Contractor and constitutes an immediate danger to
the health, safety and general ~elfare, the period of notice shall be such
shorter~ time as may be appropriate. Upon receipt of the nottce of
termination, Contractor shall Immediately cease all services hereunder
except such as may be specifically approved ~ by the Contract Officer.
Contractor shall be entttled to compensation for all services rendered
prior to receipt of the notice of termination and for any services
authorized by the Contract Officer thereafter tn accordance with the
Schedule of Compensation (£xhtbtt "C") or such as may be approved by the
Contract Officer.
7.8 Termination for Default of Contractor. If termination ts due to the
fatlure of the Contractor to fulfill 1ts obligations under th~s Agreement,
City may take over the work and prosecute the same to completion by
contract or otherwise, and the Contractor shall be 1table to the extent
that the total cost for completion of the services required hereunder
exceeds the compensation herein stipulated (provided that the C~ty shall
use reasonable efforts to mtttgte such damages), and City may withhold any
payments to the Contractor for the purpose of setoff or partial payment of
the amounts owed the City as previously stated.
7.~) Attorneys' Fees. If either party commences an action against the
other party arising out of or In connection with th~s Agreement, the
prevailing party shall be entitled to recover reasonable attorneys' fees
and costs of suit from the loslng party.
8.0
CITY OFFICERS AND EMPLOYEES; NON DISCRIMINATION
8.1 NOn-liability of City Officers and Employee~. No officer or employee
of the City shall be personally liable to the Contractor, 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 Contractor or to its successor, or for
breach of any obligation of the terms of this Agreement.
8.2 Conflict of Interest. No officer or employee of the City shall have
any personal interest, direct or indirect, in this Agreement nor shall any
such officer or employee participate in any decision relat, ing to the
Agreement which affects his personal interest or the interest of any
corporation, partnership or association in which he is, directly or
indirectly, interested, in violation of any State statute or regulation.
The Contractor warrants that it has not paid or given and will not pay or
give any third party any money or other consideration for obtaining this
Agreement.
8.3 Covenant a~atnst Discrimination. Contractor covenants that, by and
for itself, its heirs, executors, assigns, and all persons claiming under
or through them, it pays employees not less than the minimum wage as
defined by law. and that there shall be no discrimination against or
segregation of, any person or group of persons on account of race, color,
creed, religion, sex, marital status, national origin, or ancestry in the
performance of this Agreement. Contractor shall take affirmative action to
insure that applicants are employed and that employees are treated during
employment without regard to their race, color, creed, re.ligton, Sex,
marital status, national origin, or ancestry.
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g.o
MISCELLANEOUS PROVISIONS
9.1 Notice. Any notice, demand, request, consent, approval, 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 in forty-eight
(48) hours from the time of mailing if mailed a~. provided in this Section.
To City:
CITY OF TUSTIN
300 Centennial Way
Tusttn, CA 92680
Attention: Contract Officer
Christine Shingleton, Director of Community Development
TO CONTRACTOR:
G P S Consulttn9 Civil £n~ineertn~
17821 E. Seventeenth Street
Suite 295
Tustt% Ca. 92680
9.2 Integrated A~reement. 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.
-13-
9.4 Severabfltty. 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 a valid Jud~jment or decree of
a court of competent jurisdiction, such invalidity or unenforceabtltty
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 executtn~t 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 OF TUSTIN
DATED:
City Manager, City of Tustln
CONSULTANT
DATED:
APPROVED AS TO FORM:
JAMES G. ROURKE
City Attorney
-14-
EXHIBIT "A"
SCOPE OF SERVICES
CITY OF TUSTIN
PLAN CHECKING AN~ INFRASTRUCTURE SERVICES
GPS was created to provide an extension Of the municipal "Public
Works" Department. Our former experience~in all phases of public
works provides us with the ability to function as a part of the
City. We have successfully provided professional services to over
fort~ (40) public agencies.
Each GPS Employee was a former city employee. One or more of our
employees has served in the following capacities:
A. Director
B. City Engineer
C. Assistant City Engineer
D. Design
E. Surveying
Inspection
This prior experience is valuable to the City. GPS understands
and can respond to all areas of municipal concerns. We have
experience with councils, commissions and the public. Because of
our direct involvement, we are cognizant of the demands, needs,
desires, policies and sensitivities of the City.
The vast experience of GPS on services of this nature, combined
with a staff completely knowledgeable on municipal design,
provides the utmost in "Value Engineering". Our ability to
provide a team effort in the planning and design process is most
beneficial to the City.
PLAN
GPS'has provided plan checking services for governmental agencies
during the last eleven years. The list of plan checking services
provided by GPS are as follows:
1. Grading plans, including on-site improvement.
2..' Erosion control plans.'
3. Hydrology and hydraulics, including closed
systems, retarding basins and retention basis.
4. Street improvements.
and open
5. Water and sewer systems, including pump stations.
6. Structural plans and calculations (bridges, retaining
walls, foundations, etc.)
7. Traffic signals.
8. Landscaping and irrigation systems.
9. Specifications and estimates.
10. Alignment studies, Master. Plans, Transportation Studies
and Environmental Impact Reports.
Basically, our firm provides all plan checking services required
by public works agencies.
We require two weeks to complete first checks and one week for
subsequent checks. Our plan checking is complete from site plan
review to approval of plans and specifications. The time frames
above commence from the time the Agency calls our firm to the time
our firm delivers the plan check back to the Agency.
Listed below are the Agencies our firm is plan checking for, along
with types of plans and range of construction costs.
RANGE OF
Fullerton
Street, Storm Drain,
Sewer and Grading.
CONSTRUCTION COSTS
$200,000 to $400,000
Irvine
Grading, Street, Storm
· Drain, Bridges, Street
Rehabilitation, Land-
scaping Medians, Ero-
sion Control & Sub-
drains.
$100,000 to $2,000,000
Orange
County
SMA
Street, Storm Drain
and Grading.
RANGE OF
CONSTRUCTION COSTS
$200,000 to $400,000
Signal Hill
Tustin
Street, Storm Drain,
Sewer, Domestic Water
System, Parks, Traffic
Signals, Street Lights,
Landscaping, Retaining
Walls, Erosion Control
and Grading.
50,000 to $1,000,000
Street, Storm Drain,
Retarding Basins,
Bridges and Grading
$200,000 to $800,000
Additional services provided to governmental agencies are as
follows:
1. Grading Manual/Grading Ordinance.
2. Design Criteria and ~olicies.
3. Standard Drawings.
We believe that communications between the City and the Consultant
must be of the highest order throughout all phases of planning and
design. For this reason, our approach is to assign a 'Project
Manager' as the principal contact with the City. The 'Project
Manager' will be deeply involved in the programming and concept
stages 'along with other senior members of GPS throughout the
design proce'ss. The City deals with the same professional for
~11 services.
Norman K. Spielman will be the Project Manager. Public works
projects encompassing bridges, streets, EIR, transportation
studies, parks, assessment districts, storm drains, sanitary
sewers are nothing new to Norm. Norm is well versed in design,
construction and maintenance of such projects. He has planned and
coordinated the design concepts for three freeways. Many major
Southern California cities, such as Costa Mesa, Seal Beach, Santa
Aha and Irvine, have seen Norm's capabilities when it comes to
planning and coordination of residential, industrial and
commercial developments.
Norm Spielman has gained extensive experience on the job. He
began his career with the Ka6sas State Highway Commission as a
Bridge Engineer, Resident Engineer, and Plans Engineer. Finding a
new challenge with the City of Santa Aha, Norm applied his
expertise as a Design Engineer, Resident .Engineer and Subdivision
Engineer. By 1968, Norm began his advancement from Assistant City
Engineer to City Engineer and finally as Director of Engineering
Services for the City of Costa Mesa.
Spielman is active in many professional associations such as the
American Society of Civil Engineers and is past President of the
Orange County Branch. Other associations include the American
Public Works Association, American Water Works Association and the
Institute of Traffic Engineers. He is also a Registered
Professional Engineer in California, Kansas, and Nevada.
Norm Spielman was formally educated at the University of Southern
California in Public Administration and obtained his Master of
Science in Civil Engineering (Municipal & Transportation) at
California State University at Long Beach. His Bachelor of
Science degree in Civil Engineering was granted by the university
of Kansas.
NOEL TORKELSON - PRINCIPAL
Noel Torkelson, P.E. is a Civil Engineer who has spent his entire
career in Public Works Engineering as.an employee of and as a
consultant to governmental agencies. Hxs principal experitse is
in Storm Drain Engineering providing the leadership and know-how
in a variety of drainage projects such as lift stations,.channel,
pipe, box, debris and retention basin systems.
Beginning his career as a consultant in 1965, Noel has been
involved in a variety of public works pro~ects which include
street widening and rehabilitation, storm drains, sanitary sewers,
water systems, bridges, sewage treatment facilities and master
p~anning of sewer and storm drain systems.
Prior to 1965, Noel was in the employ of the City of Covina as an
Assistant Engineer where he was involved in the day-to-day
~nginee~ing and administration of a municipal engineering
department. Additional experience was gained asa Hydraulics
Engineer for the Los Angeles Flood Control District.
Noel is a Registered Civil Engineer in th~ State of California and
is active in such professional associations as the American
Society of Civil Engineers, American Public Works Association and
the.California Society of Professional Engineers.
Torkelson received his Bachelor of Science degree in Civil'
Engineering from North Dakota State College.
FRED POOLMAN - OFFICE MANAGER/SENIOR DESIGNER
Fred Poolman has worked as a' Civil Engineering Designer since
1961. He began his career at the City of Downey ~where he was
responsible for various design projects. In 1967 Fred left the
City of Downey to work for the City of Santa Fe Springs. He
remained there until 1969 when he began working for a consulting
engineer. We were very glad to have Mr. Poolman come to work for
Governmental Professional Services (GPS) in 1973.
Fred Poolman's education was attained at Cerritos College in
Norwalk, California. There he studied Civil Engineering for two
years and Political Science for two years.
Mr. Poolman's work has involved design, construction and
inspection of streets, sewers, storm drains, traffic signals,
parking lots and work involved in various types of assessment
districts.
During his time in consulting engineering, he has designed
projects for various agencies ranging up to $3,000,000 in Flood
Control Bond Issue projects.
He was also involved in the design of the Orange County Transit
District Park-and-Ride lot in Fullerton, California, and.the Park-
and-Ride Study.
He has been involved in street and storm drain improvement plan
checking for developments ranging up to 1,700 acres.
CARLA PETERSON - DRAFTSPERSON/TECHNICIAN
Carla Peterson is a very conscientious drafter who takes pride in
her work. Her seven years of experience encompasses everything
from A.L.T.A. surveys to tax assessment maps, including grading
plans, subdivisions, street improvement plans and city standard
drawings.
Ms. Peterson was formally educated at Western Wisconsin Technical
Institute and the University of Wisconsin in LaCrosse, Wisconsin.
Aside from school, much of her knowledge was attained from
productive, 'hands on" experience.
~IBIT A
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
~espons~.to development conditions.
GPS will provide the following:
1. Accept projects for plan checking with one day notice.
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 com-
pleted plan check to the City. Seven (7) calendar days
on subsequent checks.
3. Provide consultation and advice to ~he City.
4. Attend meetings at t~e 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.
The City will be responsible for the following:
1. Providing receipt from the Design Engineer and return
for corrections.
2. Providing receipts and filing of all project documenta-
tion, fees, bonds, and certification.
3. Coordination of line and grade certifications and as&
builts with the Design Engineer and/or Contractor.
4. Existing plans.
5. Conditions of approval.
We will provide supportive services when necessary and at the
request of the City.
GPS will prepare a grading ordinace with attention to hillside
construction. We will coordinate ideas and concerns with the
Irvine Company.
CPS ~ourl_v Rates for Plan Checking Services
The hourly rates listed below include all associated
administration, overhead and mileage.
~;PS billings will include hours spent plan checking, project site
visits, attendance at meetings, pick up, delivery and typing.
Principal
Professional Engineeer
Senior Designer/Engineer in Training
Draftsman
Clerical
$76.00
$58.00
$49.00
$38.00
$22.00
Fees for special projects and reports may be negotiated on an
individual basis.
Our not to exceed fee for the "Grading Ordinance" is $5,500.
£XHIBI? "B"
SPECIAL REQUIREMENTS
1. City hereby waives Section 5.3 "Performance Bond" Requirements in
Agreement.
2. City hereby waives Section 7.6 "liquidated damages" requirements in
Agreement.
All plan check processing shall be coordinated through the City. Reviewed
plans and comments prepared by Contractor 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
Contract Officer.
4. With no additional cost to City, Contractor is to provide timely pick-up
and delivery of plans, on an as needed basis.
EXHIBIT "C"
SCHEDULE OF COMPENSATION
Payment~ for plan check services as identified in Exhibit
Contractors proposal shall be on an hourly rate as follows:
B of
the
TITLE
HOURLY RATE
Principal
Professional Engineer
Senior Design/Engineer in Training
Draftsman
Clerical
$76.00
58.00
49.00
38.00
22.00
2. Fees for special projects and reports Shall be negotiated 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 $5,500.00.
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
per drawing. Printing of standard drawings for distribution purposes
shall be billed at cost plus 15~.
Exhibit "C"
Page two
With no additional cost to City, Contractor is to provide timely pick-up
and delivery of plans, on an as needed basis.
4. Compensation shall include only those items specifically indicated in this
Exhibit or in Exhibit "A" (excluding Item No. 3 above).
In submitting
information on
maximum billing.
payment requests,
payment requested
Contractor shall not only provide
but also amount of remaining contract
EXHIBIT "D"
SCHEDULE OF PERFORMANCE
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 Contract Officer. Contract Officer
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 Contractor and Contract Officer. Said time for performance
shall begin the same day a pick-up request is made. Rechecks shall be
completed in a maximum of seven (7) working days.
A schedule for performance for ~pectal projects and reports shall be as
agreed to by Contractor and Contract Officer and shall be incorporated
herein by reference upon execution.
CONTRACT
S~RVICES AGREEMENT
THIS AGREEMENT FOR CONTRACT SERVICES (herein "Agreement"), is made and
entered into by and between the CITY OF TUSTIN (herein "City"h, a municipal
corporation and Melad and Associates (herein
"Contractor"). The parties hereto agree as follows:
1.0 SERVICES OF CONTRACTOR
1.1 Scope of Services. In compliance with all terms and conditions of
this Agreement, the Contractor shall provide those services specified in
the "Scope of Services" attached hereto as Exhibit "A" and incorporated
herein by this reference, which services may be referred to herein as the
"services" or "work" hereunder. Contractor warrants that all services
be performed tn a competent, professional and satisfactory manner in
accordance with the standards prevalent in the industry.
1.2 Contractor's Proposal. The Scope of Services shall include the
Contractor's proposal or bid which shall be incorporated herein by this
reference as though fully set forth herein. In the event of any
inconsistency between the terms of such proposal and this Agreement, the
terms of this Agreement shall govern.
i.3 Compliance with Law. All services rendered hereunder shall be
provided in accordance with all ordinances, resolutions, statutes, rules,
and regulations of the City of Tustin and any Federal, State or local
governmental agency of competent jurisdiction.
1.4 Licenses and Permits. Contractor 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, Contractor
warrants that {a) he has thoroughly investigated and considered the work to
be performed, (b) he has investigated the site of the work and fully
acquainted himself with the conditions there existing, (c) he has carefully
considered how the work should be performed, and {d) he fully understands
the facilities, difficulties and restrictions attending performance of the
work under this Agreement. Should the Contractor discover any latent or
unknown conditions materially differing from those inherent in the work or
as represented by the City, he shall immediately inform City of such fact
and shall not proceed except at Contractor's risk until written
instructions are received from the Contract Officer.
1.6 Care of Work. The Contractor shall adopt reasonable methods during
the life of the Agreement to furnish continuous protection to the work, and
the equipment, materials, papers and other con, orients thereof to prevent
losses or damages, and shall be responsible for all such damages, to
persons or property, until acceptance of the work by City, except such
losses or damages as may be caused by City's own negligence.
1.7 Additional Services. In accordance with the terms and conditions of
this Agreement, the Contractor shall perform services in addition to those
specified in the Scope of Services (Exhibit "A") when directed to do so by
the Contract Officer, provided that Contractor shall not be required to
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perform any additional servtces wtthout compensation. Any 'addition in
compensation not exceeding ten percent (10%) of the Contract sum may be
approved by the Contract Officer. Any greater, increase must be approved by
the City Manager.
1.8 Special Requirements. Addltlonal terms and conditions of this
Agreement, if any, which are made a part hereof are set forth in the
"Special Requirements" attached hereto as Exhibit* "B" and incorporated
herein by this reference. In the event of a conflict be~een the
provisions of Exhibit "B" and any other provisions of this Agreement, the
provisions of Exhibit "B" shall govern.
2.0
COMPENSATION
2.1 For the services rendered pursuant to this Agreement, the Contractor
shall be compensated in accordance with the "Schedule of Compensation"
attached hereto as Exhibit 'C' and incorporated herein by this reference.
The method of compensation may include a lump sum payment upon completion,
payment in accordance with the percentage of completion of the services,
payment for time and materials based upon the Contractor's rates as
specified tn Exhibit "C", but not exceeding the Contract Sum, or such other
methods as may be specified in the Schedule of Compensation (Exhibit "C").'
Compensation may include reimbursement for actual and necessary
expenditures for reproduction costs, transportation expense, telephone
expense, premiums for bonds and insurance, and similar ·costs and expenses
when and if specified in the Schedule of Compensation (Exhibit "C").
2.2 Method of Payment. Any month ~n whtch Contractor wtshes to receive
payment, no later than the ftrst (lst) working day of such month,
Contractor shall submtt to the City tn the form approved by the City's
Otrector of Ftnance, an tnvotce for services rendered prtor to the date of
the ~nyotce. City wtll pay Contractor for all expenses stated thereon
which are approved by Ct ty pursuant to th~s Agreement no ~ater than the
last worklng day of satd month.
3.0 PERFORMANCE SCHEDULE
3.1 T1mo of Essence.
Agreement.
Ttme ts of the essence ~n the performance of th~s
3.2 Schedule of Performance. All servtces rendered pursuant to th~s
Agreement shall be performed wtth~n the t~me perfod established ~n the
"Schedule of Performance" attached hereto as Exh~blt "O" and Incorporated
heretn by thts reference. Extensions to the t~me perlod specified ~n the
· Schedule of Performance may be approved tn wr~ttng by the Contract Offfcer.
3.3 Force Majeure. The tfma period specfffed ~n the Schedule of
Performance (Exh~btt "D") for performance of the servfces rendered to thJs
Agreement shall be extended because of any delays due to unforeseeable
causes beyond the control and wfthout the fault or neglfgence of the
Contractor, Including, but not restricted to, acts of God or of the public
enemy, acts of the Government, ftres, earthquakes, floods, epidemfc,
quarantfne restrtctfons, rtota, strtkes, fretght embargos, acts of any
governmental agency, and unusually severe weather if the Contractor shall
wlthfn ten (lO) days of the commencement of such delay not~fy the
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Contracting Offtcer shall ascertain the facts and the extent of delay, and
extend the time for performing the services for the period of the enforced
delay when and ff in his Judgment such delay ts justified, and the
Contracting Officer's determination shall be final and conclusive upon the
parties 'to thts Agreement.
3.4 Term. Unless earlier terminated in accoedance with Section 7.5 of
this Agreement, this Agreement shall continue in full force and effect
until completion of the services but not exceeding one (1) year from the
date hereof, except as otherwise provided in the Schedule of Performance
(Exhibit "O").
4.0 COORDINATION OF WORK
4.1 Representative of Contractor. The following principals of Contractor
are hereby designated as being the principals and representatives of
~ Contractor authorized to act in its behalf with respect to the work
specified herein and make all decisions in connection therewith:
Jose Melad, Melad and Associates
8907 Warner Avenue, Suite 161
Huntington Beach, Ca. 92647
It is expressly understood that the experience, knowledge, capability and
reputation of the foregoing principals were a substantial inducement for
City to enter into this Agreement. Therefore, the foregoing principals
shall be responsible during the term of this Agreement'for directing all
activities of Contractor and devoting sufficient time to personally
supervise the services hereunder. The foregoing principals may not be
changed by Contractor without the express written approval of City.
4.2 Contract Officer.· The Contract Officer shall be such person as may be
designated by the City Manager of City. It shall be the Contractor's
responsibility to assure that the Contract Officer is kept informed of the
progness of the performance of the services and the Contractor 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 Contractor., its principals and
employees were a substantial inducement for the City to enter into this
Agreement. Therefore, Contractor shall not contract with any other entity
to perform in whole or in part the services required hereunder without the
express written approval of the City. In addition, neither this Agreement
nor any interest herein may be assigned or transferred, voluntarily or by
operation of law, without the prior written approval of'City.
4.4 Independent Contractor. Neither the City nor any of its employees
shall have any control over the manner, mode or means by which Contractor,
its agents or employees, Perform the services required herein, except as
otherwise set forth. Contractor shall perform all services required herein
as an independent contractor of City and shall remain at all times as to
City a wholly independent contractor with only such obligations as are
consistent with that role. Contractor shall not at any time or in any'
manner represent that it or any o'f its agents or employees are agents or
employees of City.
INSURANCE, INDEMNIFICATION AND BONDS
5.! Insurance. The Contractor shall procure and maintain, at its cost,
and submit concurrently with its execution of this Agreement, public
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11ability and property damage Insurance agatnst all clatms for tnJurtes
agatnst persons or damages to property resulting from Contractor's acts or
omissions rtstng out of or related to Contractor's performance under thts
Agreement.. Contractor shall also carry Workers' Compensatfon Insurance tn
accordance wtth State Workers' Compensation laws. Such Insurance shall be
kept fn effect durtng the term of thts Agreement and shall not be
cancellable ~tthout thirty (30) days' ~rttten nottce of proposed
cancellatlon to Ctty. A certificate evidencing the foregoing and naming
the City as an additional ~nsured shall be delivered to and approved by the
City prtor to commencement of the services hereunder. The procuring of
such Insurance of the dellvery of poltctes or certificates evidencing the
same shall not be construed as a 11m~tation of Contractor's obligation to
Indemnify the City, 1ts contractors or employees. The amount of Insurance
requtred hereunder shall tnclude comprehensive general 1lability, personal
tnjury and automobile liability wtth 11mtts of at least $1,000,000 combtned
single ltmtt per occurrence and professional 1lability coverage ~th ltmtts
of at least $500,000 combtned stngle ltmtt per occurrence.
5.2 Indemnification. The Contractor shall defend, ~ndemntfy and hold
harmless the Ctty, 1ts officers, agents and employees, from and agalnst any
and all acttons, su~ts, proceedings, clatms, demands, losses, costs, and
expenses, Including legal costs and attorneys' fees, for tnjur~ to or death
of person(s), for damage to property (Including property o~ned by the C~ty)
and for errors and omissions committed by Contractor, ~ts offlcers,
employees and agents, arising out of or related to Contractor's performance
under th~s Agreement, except for such loss as may be caused by City's sole
negligence or that of Its officers, agents or employees.
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or~ance Bond. Concurrently with execution of this Agreement,
:~:::c:~llver to'City a performance bond in the penal sum of the
a~unt o: th_t:_R~~tn the form provided by the City Clerk, which
!ecure. s t~e. fa(~hful perforl~a~thts Agreement, unless such requirement
t_~.]_a, ive~ b~ th.e Contract Off!cer~nd shall contain' the original
:::::t.:e'd_L~i~n:t_ure of .::, a~tho~tzed offic~e surety and affixed
t,~r]~ sh_~;;, be a. ce. Pti_fled a~d.current copy .of h~o, attorney.
~;~.ton~ sba1.1' rem~.tn t.n. for_ce d_,ring the entire:term of the ]~g~ and
shall be null and void only if the Contractor promptly and fatthf
performs all terms and conditions of this Agreement.
6.0 RECORDS AND REPORTS
6.! Reports. Contractor 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. Contractor shall keep such books and records as shall be
necessary to 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. All drawings, specifications, reports,
records, documents and other materials prepared by Contractor 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 Contractor shall have no claim for
further employment or addlttonal compensation as a result of the exercise
by City of its full rights of ownership of the documents and materials
hereunder. Contractor may retain copies of such documents for its own use.
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7.0
It shall have an unrestricted right to use the concepts embodied therein.
6.4 Release of Documents. The drawings, specifications, ~eports, records,
documents and other materials prepared by Contractor in the performance of
services under this Agreement shall not be released publicly without the
prior w~ttten approval of the Contract Officer.
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 Los Angeles, State of
California, or any other appropriate court in such county, and Contractor
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. 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.
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7.3 Waiver. No delay or omission tn the exercise of any right or remedy
of a nondefaultlng party on any default shall impair such right or remedy
or be construed as a waiver. City's consent or approval of any act by
Contractor requtrlng City's consent or approval shall not be deemed to
waive or render unnecessary City's consent to or approval of any subsequent
act of Contractor. 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 R.19hts and Remedtes 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. Tn addition to any other rights or remedies, either
party may take legal action, in law or in eoutty, to cure, correct or
remedy any default, to recover damages for any default, to compel specific
performance of this Agreement, to obtain injunctive relief, or to obtain
any other remedy consistent with the purposes of thts Agreement.
7~,~Ltqutdated Oamages. Since the determination of actual damages for any
delay ln~nc~~~ of this Agreement would be extremely difficult or
i mpractf, cal to d_eterl~~he event of a breach of this Agreement, the
Contractor and its sureties s .l~ltable for and shall pay to the City
the su~m_ o~fL_$ ~~- as ltqut~atel~for each working day of
delay in t~e p~r~or~ance of any service required h~as specified in
the S~he_d_ul_eL.of Performance (E_xhlbtt_"O"). The City may w~m any
monies payable on account of services performed by the Contractor
accrued liquidated damages.
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7.7 Termination Prior to £xptratton 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 Contractor, except that w~ere termination is
due' to the fault of the Contractor and constitutes an immediate danger to
the 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, Contractor shall immediately cease all services hereunder
except such as may be specifically approved~bY the Contract Officer.
Contractor 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 in accordance with the
Schedule of Compensation (Exhibit "C") or such as may be approved by the
Contract Officer.
7.8 Termination for Default of Contractor. [f termination is due to the
failure of the Contractor 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 Contractor 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 mitigte such damages), and City may withhold any
payments to the Contractor for the purpose of setoff or partial payment of
the amounts owed the City as previously stated.
7.9 AttorneTs' Fees. [f either party commences an action against the
other party arising out of or in connection with this Agreement, the
prevailing party shall be entitled to recover reasonable attorneys' fees
and costs of suit from the losing party.
8.0
CITY OFFICERS AND EMPLOYEES; NON DISCRIMINATION
0.1 Non-liability of City Officers and Employee~. No officer or employee
of the City shall be personally liable to the Contractor, 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 Contractor or to its successor, or for
breach Of any obligation of the terms of this Agreement.
8.2 Conflict of Interest. No officer or employee of the City shall have
any personal interest, direct or indirect, in this Agreement nor shall any
such officer or employee participate in any decision relating to the
Agreement which affects his personal interest or the interest of any
corporation, partnership or association in which he is, directly or
indirectly, interested, in violation of any State statute or regulation.
The Contractor warrants that it has not paid or given and will not pay or
give any third party any money or other consideration for obtaining this
Agreement.
8.3 Covenant a~alnst Discrimination. Contractor covenants that, by and
for itself, its heirs, executors, assigns, and all persons claiming under
or through them', it pays employees not less than the minimum wage as
defined by law and that there shall be no discrimination against or
segregation of, any person or group of persons on account of race, color,
creed, religion, sex, marital status, national origin, or ancestry in the
performan'ce of this Agreement. Contractor shall take affirmative action to
insure that applicants are employed and that employees are treated during
employment without regard to their race, color, creed, religion, sex,
marital status, national origin, or ancestry.
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g.O
MISCELLANEOUS PROVISIONS
9.1 Notice. Any notice, demand, request, consent, approval, 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 in forty-eight
(48) hours from the time of mailing if mailed a~provtded in this Section.
To City:
CITY OF TUSTIN
300 Centennial Way
Tustin, CA 92680
Attention: Contract Officer
Christine Shtngleton, Director of Community Development
TO CONll~ACTOR:
Jose Melad
Melad and Associates
8907 Warner Avenue; Suite 161
Huntington Beach, Ca. 92647
This Agreement contains all of the agreements
be amended or modified except by written
9.2 Integrated Agreement.
of the parties and cannot
agreement.
9.3 Amendment. This Agreement may be amended at any time by the mutual
consent of the parties by an instrument in writing.
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9.4 Severabtltt¥. In the event that any one or more of the phrases,
sentences, clauses, paragraphs, or sections contained tn this Agreement
shall be declared invalid or unenforceable by = valid judgment or decree of
a court of competent Jurisdiction, such invalidity or unenforceabtltty
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 du]y 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 OF TUSTIN
DATED:
City Manager, City of Tusttn
CONSULTANT
DATED:
APPROVED AS TO FORM:
JAMES G. ROURKE
City Attorney
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EXHIBIT "A"
SCOPE OF SER¥~ICES
'A
" MELAO ANO ASSOCIATES
emgineerin~l · cocle consultants
November 13, 1986
Mr. Robert W. Bahn
Planning Consultant
CITY OF TUSTIN
300 Centennial Way
Tustin, CA 92680
Dear Mr. Balen:
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 c~m. CIING:
a)
b)
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 MEIAD AND ASSOCIATES
an amount equal to 65~ of the plan check fee established by the
City or at an hourly rate of $40.00.
c)
Structural plan check only: To review structural plans and cahu-
lations under the Uniform Building Code provisions and standard
engineering practice.
Compensation: Compensation will be an amount equal to 45% of .the
plan check fee established by the City or an hourly rate of $40.00.
State Energy Re~ulations~ Title 24 of the State Administrative Code:
Complete plan check on building envelope, HVAC system and lighting
system.
Compensation: Compensation willbe an amount equal to 15~ of the
plan check fee established by the City or an hourly rate of $40.00.
Checking time will be five (5) working days minimum to twenty (20) working
days maximum, depending on the size and complexity of the project.
will be completed in two (2) to ten (10) working days.
Rechecks
8907 warner eve. suite 181 · Huntington beacl% ca 8~847 . (714) 1:~4B-0487
City of Tustin Proposal
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November 13, 1986
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 ~ity, and consultation services.
II. BUILDING INSPECTIONS:
Provide general building inspection services during the entire course
of construction. In performance of this duty, we will promptly pro-
vide qualified and certified combination buildin8 inspectors to review
the various stases of construction, lncludin8 required related State
and Federal Resulations, and shall minimize or eliminate delays to
builders on account of such inspection requirements.
Compensation: Compensation will be an hourly rate of $35.00 with four
(4) hours minimum, plus mileage at the rate of $.30 per mile if the
City does not provide transportation.
The undersigned agrees to maintain during the term of his a~r~emen= a
comprehensive public liability insurance in the amount of $1,000,000.00
with FARMERS INSURANCE and Workout's Compensation Insurance covering
employees in form and manner asreeable to the City.
Our company strictly performs plan checking and inspection services~ We
do no ensineerin$ desist to avoid any conflict of interest.
I look forward to continuin8 my services in provid/ng a professional and
high level of code consulting services. Attached is my resume and of my
employees and professional associates.
Sinc~rx,'el¥,
,,'/Jose D. Melad, P.E.
~ President
Attachments
MELAO ANO ASSOCIATI~S
enginee,ring ,. code consultants
RESUME
Jose D. Melad
8907:.'Warnen A've.,. S~e. 161'
Huntington Beach, California 92846
Tel. No. (714) 848-0487
EDUCATION:
CERTIFICATES:
AFFILL~TIONS:
EXPE~IENCE;
Bache[or'of Science in Civil Engineering
M.S,C.F-(Structural Engineering Major)
Inspectign Technology (Building, Plumbing, ~lectricai, Mechanical)
1. Registered Professional Civil Engineer - State of California and
Republic of the Philippines
2, Registered Building Inspector - State of California
3. Certified Plans Examiner - ICBO
4. Certified Building Inspector - ICBO
5, Certified Combination Inspector - ICBO
American Society of Civil Engineers
International Conference of Building Officials
International Association of Construction Inspectors
International Association of Electrical Inspectors
President
April 1981 - Present
MELAD AND ASSOCIATES
Huntington Beach, CA
Scope of WOrk:
General engineering design, code consultants,
plan checking and general building inspection
services.
Presently under contract with the following Cities:
1. Pico Rivera
6615 Passons Blvd.
Duties:
Part-time Consulting Chief Building Official in charge of Building &
Safety Division. Supervise Building Inspectors, Plan Checker and Secre-
tary. Perform all duties associated with all activities of the Building
& Safety Department.
Plan Checking Services.
2. Santa Ann
20 Civic Center Plaza
Duties:
Complete inspection management performing the duties of a Deputy
Resident Inspector and ~he duties of the Building & Safety Inspector
on the following projects:
RESUME
Page 2 of 4
EXPERIENCE:
(continued)
1. Three level reinforced concrete parking structure with a total valuation
of about $4,000,000. (April 1982 - February 1983)
2. Elevated reinforced concrete walkway. Tot.al valuation about $150,000.
3. Orange County - Santa Aha Transportation Center, 3-story building.
Total valuation about $10,000,'000.
Lynwood
11330 BuHis Road
Duties: Code consultant, plan checking and general building inspection on as-
needed basis.
Tustin
300 Centennial Way
Duties: Plan checking services and consultant on as-needed basis.
Stanton
7800 Katella Avenue
Duties: Plan checking, consulting and inspection services on as-needed basis.
6. Seal Beach
211 Eighth Street Duties:
South Gate
8650 California Avenue
Du ties:
Plan checking services.
Plan checking services.
8. Signal Hill
2175 Cherry Avenue
Duties: Plan checking services.
9. La Palma
7822 Walker Street
Duties: Plan checking services.
10. Monterey Park
320 West Newmark Avenue
Duties: Plan checking services.
11. Westminster
8200 Westminster Blvd.
12. San Gabriel
532 West Mission Drive
Building & Safety Director
September 1977 to April 1981
Department of Building & Safety
City of Fountain Valley, CA
Duties:
Duties: Plan checking services.
Duties: Plan checking services.
In charge of day to day activities of the Building & Safety Dept. Super-
vise office personnel composed of one plan checker, 3 three building
inspectors, one building technician and a clerk. Perform plan checking,'
RESUME
Page 3 of 4
(cont'd)
field inspections on complicated matters, investigate field problems and
complaints. Prepare annual department budget and projected revenues,
adoption of various codes including fees. Consultant to Public Works
Department on City building projects and maintenance of City Planning
Commission Meetings and other organizations. Report directly to
the City Manager and work directly with the City Attorney on legal
matters related to the Building Department.
Plan Check Er/gineer
~une'1977 - September 1977
Building and Safety Division
City of Gardena, CA
Duties:
Plan Checker - Building, electrical, plumbing, mechanical, zoning, fire
code, ~'ading, state and federal regulations.
Inspection - Assist building superintendent and building inspectors on
complicated inspections. Supervise inspectors in the absence of the
building official.
Plan Checker/Assistant
April 1974 - June 1977
Dept. of Community Development
City of Pico Rivera, CA
Duties:
Plan Checker - Plan check all types of building construction plans and
other structures for compliance with all City adopted codes and ordinance.::'
State and Federal laws as related to building and safety regulations.
Review all proposed private development and city projects. Assist
I~ngineering Division on light municipal building structural design.
Scope of plan check, but not limited to the following: Building, includin?
complete structural analysis, zoning, plumbing, mechanical, electrical and
all applicable State and Federal regulations.
Assistant Director of Building & Safety - Supervise and assist building
inspectors. Assist in preparation of division budget, reports and other
correspondences. Review code changes and interpretation of various
building codes.
Building Inspector
May 1973 - April 1974
Dept. of Building & Safety
City of Stanton, CA
Duties:
(One-man Department) - In charge of all department activities, such as
plan checking of buildings, electrical, plumbing and mechanical plans
including zoning for building code compliance. General inspection on all
types of construction which include business licenses for certificate of
occupancy and all other special inspections. Investigate complaints and
fire referrals received from the Fire Department. Represent the City of
StantOn in ail meetings and seminars pertaining to the Building Department
activities.
Acting Senior Building Inspector
October 1970 - May 1973
City of Compton, CA
RESUME
Page 4 of 4
EXPERIENCw'
Duties:
(continued)
In charge of the Department of Building & Safety in the absence of the
Chief Building Official and performed, but not limited to the following:.
Plan Checking - 2dl types of building construction plans, including
electrical, plumbing, mechanical, zoning and other State and Federal
laws.
General Inspection - All types of construction including zoning regulations~
Structural Draftsman.
Nlxon Drafting Co.
Studio City, CA
July 1970 - October 1970
Duties: 'Drafting structural plans for commercial type buildings.
Office of the City Engineer
Manila, Philippines
November 1966 - 3u!Y 1970
Duties: A~sistant Civil Engineer in charge of public works projects and transferred
to building construction and inspection division as a building engineer
inspector assigned to structural inspections of. high-rise buildings.
MELAD & ASSOCIATES
IN'HOUSE PLAN CHECKERS
ALBERT W. LIU~ MSCET P.E.
Six years structural engineering and plan eheek'ing,
...~OHN SUN, MSCE) P.E.
Fifteen years experience in structural and civil engineering design
work.
RENATO CAGAID~ BSCE
Over three years experience plan checking and building inspections,
COMBINATION INSPECTORS
MELVIN OPPERMAN
Over twenty years experience in building construction including general
building inspections for the last three years for various cities under
contract,
GEORGE BOWDEN
Over twenty years experience in building construction including building
.inspection and building official for the last ten years for various
cities,
.~OE SALGADO
Over ten years as a general building inspector and building inspector
supervisor for the City of Pasadena,
JOE BARRETT
Over ten years experience as a combination building inspector for the
City of Yorba Linda and Orange.
MELAD & ASSOCIATES
ASSOCIATED CONSULTANTS
ANANT SHETH, MSCE, P.E.
'~s-~ociate structural plan checker.
21 .years experience in structural engineering.
DR. SRIDHAR RAO, PH.D.
Twenty-five years experience in structural systems analysis, specializing in concrete
structures, inc/uding prestressed concrete. Professor in the Department of Civil
Engineering at California State University, Long Beach; Consultant for Fluor Corp.;
Department of the Navy and other engineering firms. Mostly doing investigations
of structural failures and expert technical witne-~s in court cases.
WARNER YOUNIS, BSCE,
Twenty-six years experience in civil engineering design and. plan checking, having
worked with the cities of Seattle, Fountain Valley and San Clemente under the Public
Works Department.
'LINDA TANDOC, MSCE, P.E.
Fifteen years experience in structural engineering design, including the last seven
years as a plan check engineer.
HENRY PARKER THOMPSON, JR., MS, S.E.
Consulting structural engineer and former plan check engineer for the City of Los
Angeles.
JOSE .MIRAN, MSCE, P.E.
Consulting engineer, 20 years experience as plan check engineer for the City of Newport
Beach and Building Official for the City of Placentia.
FRANK MANLAPEG, P.E.
Part-time plan check engineer. Twenty years experience in structural engineering
design and plan checker for cities.
MECHANICAL ENGINEERS:
STEVE LESLIF~ MSME, P.E.
Consulting mechanical engineer, specializing in mechanical and State Energy Regulations
(Title 24) plan checking.
ANNA I~ELLA REGINALDO, M.E.
Part-time mechanical engineering consultant
ELECTRICAL ENGINEERS:
BOB HILTMAN, MSEE, P.E.
Consulting electrical engineer.
MICHAEL LIMA, P.E.
Consulting electrical engineer
AMi:::LAO AN[D ASSOCIATES'
em~ineerin~l · comic consultants
RESUME
Oct. 1985
Pres enl.
Oct. 1985.
to
Oct. ,[984
jUne ' .1984
to
Aug. 1984
Sept. 1983
to
Nay 1984
Nay 1983
to
July 1983
Melad & Associates, Huntington Beach, CA
Senior St~ctural Engineer
Plan checks all types of bulldlnga
~shkar Engineering Corp., HoustoN, Tex~
Senior Structural Enginegr
~esponsible for 6omplete Structural 'engineering design,
detailing and overseeing the production of working
drawings for projects in reinforced concrete, steel,
wood and masonry. Supervise engineers and draftsmen to
complete projects on time and within budget. Served as'.
.Project Engineer for following projects:
St. Rita h. ighWay b~idge, DallaS, TX.
Double-cell hea~er/Nobil 0il Refinery, Torrance, CA.
2-story Nost Precious Blood Church, Corpus Christi, TX,
Colonnade Shopping Center, Houston, TX.
13-story.U. of H. Circulation Tower, HOuston, TX.
Ebasco Services Inc., Bay City, Texan
Structural Engineer
Responsible for pipe support design of ASME Section III
Class 2 and 3 piping and ANSI B 31.1 'piping for South
Texas Nuclear Project.
Betche! Power Corporation Midland Michig~%
Office Engineer ' '
Responsible for the Field Soil Organization providing
technical support and .interfacing with Project Engineering
to resolve problems for the underpinning structures of
Midland Nuclear Project.. Received Quality Improvement
Program Award.
Otis White Engineer, !nc.,~ Houston, Tex~s
Structural Engineer ' -
Responsible for co~plete design and details of stations,
bridges and line section aerial structures between STA
N135+50 and STA N290.47. Project terminated due to
disapproval of referendum. '
.{LSERT W. LIU
Feb. 1981
to
Apr. i983
May' 1979
to
oec. 98o
Nov. 1974
to
Dec. 1978
EDUCATION:
Page 2
Walter P. Mo~re and Associates, Inc., Houston, Texas
Associate and De'~i~n Engineer
Performed structural engineez:ing design, detailing for
projects in reinforced concrete, post-tensioned concrete
and .structural steel. Served as Project Coordinator
between different disciplines and staff. Performed'
in-the-field inspection of assigned projects. Served' as
· Project Engineer for following projects:
16-story Tampa Guest Quarter Hotel, Tampa, FL.
15-story Galveston Hilton Hotel, Galveston, TX,
Five-story 10800 Richmond Plaza, Houston, TX.
Ten-story Waugh on the Bayou Garage, Houston, TX.
24-story Greenspoint V.Pl~za, Houston, TX.
Eight-story Park Terrace $.W. Office, Houston, TX.
Two-story New E!sik High School, Houston, TX.
180 Feet St. Lukes Pedestrian Bridge, Houston, TX.
university, of New Mexico, Albuquerque, New Mexico
Teaching....and Project Assistant
Instructed'the lab of structural steel, courses and helped
students perform a structural steel project. Collected
and analyzed data for project, "A Survey of Guard Rail
Crash Sites."
Taiwan Power Company, Taipei, Taiwan
Resident §truc~ural Engineer
Responsible for structural design and problems shooting
of Kuosheng Nuclear Power Project, two-unit boiling water
reactor power plant. Also performed as a lead field
engineer assigned to the complex containment structures.
DemOnstrated technical capability in all phases of field
engineering work including design engineering, fabricatim~
and erection supervision, planning and scheduling and
material expediting.
B.S.C.E..UniversitY of Feng-Chia, 1972
~.S.C.E. Universi. ty of New Mexico, 1980
PROFESSIONAL
ASSOCIATIONS:Registered Professional Engineer in Texas, New Mexico,
California and Michigan (Passed EIT and PE written exam.)
" RESUME
e. Name
A. B. SheCh
Senior Structural Engineer
b. Project Assignment:
Struc~ura'l Plan Checker
~f~.LAD &'ASSOCIATES
8907 Warner Avenue, Suite 161
Huntington Beach, CA 92647
18
Education: Degree(s)/Year/Specialization
B.S./1960/Civi1 Engineering
M.S./1962/Structural Engineering
Active Registration: Yea~ First Registered/Discipline
1974/Civil Engineer
g. Experience:
Design Engineer for aeroegace factory expansion with
bridge cranes and an office area of 120,000 square
feet at Pico Rivera. California.
Design Engineer for engineering and administration
building with dining area for Consolidated Space
Operations Center.
o Value Engineer (Structural) for Naval Research
Laboratory.
o Construction Engineer for supervision of Semis
Compute~ Complex at Riyadh. Saudi Arabia.
o Unit Lead Engineer for Sohio's well pad manifolding
project and west water flood project in Alaska.
o Lead Engineer for seven-story office building in
Alhambra, California.
Unit Lead Engineer for the design of auxiliary
facilities for Martinez Modernization Shell Oil
Refinery.
&. B. She~h
o Design Enginee~ £or lB~warehouae and manufacturing
facility in Tucson, Arizona.
o Design Engineer for preliminary school training
building o£ iaudi Arabian Naval Expansion P=ogram at
Riyadh, Saudi. Arabia-
-o Design Engineer for Monomer Plant £o= PD~ Industries.
o Design Engineer £or nitrogen plant expansion
Columbia Nitrogen Co=po=ation, AB-3 Tubular Polyethy-
lene Plant for U.S. Industrial Chemical Co. and No. 2
Polypropylene Facilities for Amoco Chemicals
Corporation.
o Design Enginee~ £or Sar Cheshmeh P~ocess Plant for
Sar Cheshmeh Copper Mining Company.
o project Engineer, responsible'for supervision,
design, checking and field cozporation with architects
and contractors o£ multistory o££ice buildings,
hospitals, parking e~ructuzes, and thea~ezs. [P~oJects
included 26-sto~y office building for Zenith Insurance
Company: 13-stor~ o~£ice and eight-stor~ parking
structure (open web Joist) for K.B. Development Corp.;
12-s~ory o~£ice and ~our-s~ory parking structure
(pos~-~ensioned concrete) for Hutual Engineering
Company: 16-sto~y (flat-slab) apartment condominium
for Trepte Construction Company: shozing design for
63-e~ory U.C.B. office Building: eight-story hospital
£or Temple Hospital; and Ross-Loos Medical Center for
Ross-Loos Medical Group.]
o Construction Engineer, responsible for supe~yisio .
of three 2t-story p~e-cast slab and walls condominiums.
o Design Engineer, zesponsible £o~ design and estima-
ting of indus==ial buildings and warehouses. [P=oJect8
included U.S. Gypsum fac=ory and warehouse for U.S.
Gypsum Co.: National Gypsum Facto=y and warehouses for
National Gypsum: and Thatcha= Glass Factory and wa=e-
houses fo= Thatcha= Glass.]
h. Clearances: None
..~ MIEL. AO ANO
emgioeerim~ · code
. O.H_N
Education:
MSCE, Structural Engineering, Wayne State Univ., Detroit. MI. 1975
BECE, Civil Engineering, Chung-Yuan College,.Chun-Li, Taiwan. 1970
Experience:
(1) April, 1986 to Present
Structural Engineer, Davis-Fejes DeSign Corp., W L.A., CA.
*Steel, reinforced concrete, masonry'and timber analysis
design and detailing of residential, commercial and office
buildings..
(2) February, 1985 to February, 1986
Structural Engineer, Ralph M. Parsons Company, Pasadena, cA.
*Seismic & Dynamic analysls and design of various structures.
*Soil Structural Interaction study and report preparation.
*Computer structural analysis and design.
(3) November, 1984 to February, 1985 ; March to April, 1986
Structural Engineer, Ash Company, Los Angeles, CA.
*Steel, Reinforced Concrete, Masonry, Timber analysis and design.
*Design and modification of various building projects.
(4) July, 1981 tO September, 1984'
Civzl Structural Engineer, Bechtel Power Corp. Norwalk, CA.
*Steel, Reinfor¢pd. Concrete building,.foundation and masonry wall
design and detazl~ng for various projects.
*Pipe, HVAC,. Cable tray and Electrical raceway support system
design and detailing.
*Existing building and foundation stability assurance and
modification in varlous soil conditions and seismic zones.
*Construction inspection, shoring design and detailing.
*Lead engineer for various tasks.
(5) March, 1979 to June, 1981
Civil Structural Engineer, Sargent & Lundy Engineers, Chicago, IL
*Steel, Reinforced Concrete building and foundation design.
*Equipment foundation design and detailing.
*Pump House design and detailing.
*Construction inspection and field design change request resolving.
(6) August 1976 to March'1979
Piping Engineer, Bechtel power Corp., San Francisco, CA.
*Piping stress.analysis for piping systems under various loads.
*Pipe support design and piping system stability assurance.
(7) 1972 to 1973
Urban Planning technician, Public Works Bureau, Taipei, Taiwan
*Urban plan. dpsign and related matters. '
(8) 1971 to 1972
Assistant Civil Engineer, Dar-Shin Company, Kaohsiung, Taiwan
*Grading, Road and Drainage design.
*Surveying, Drafting and Field construction inspection.
*Steel and Reinforced concrete structural design and detailing.
Professional Registration:
EXXIBI? "B"
SPECIAL REQUIREMENTS
City hereby waives Section 5.3 "Performance Bond" Requirements tn-
Agreement.
2. City hereby waives Section 7.6 "liquidated damages" requirements in
Agreement.
All plan checb processing shall be coordinated through the City. Revised
plans and comments prepared by Contractor shall always coma 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
Contract Officer.
EXHIBIT "C"
SCHEDULE OF COHPENSATION
Payment for plan check services shall be made to Contractor by City on a
monthly basis for complete plan check services tn the amount of 65[ of the
plan check fee collected or at an hourly rate of $40.00, whichever 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 $40.00
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 $40.00
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
$40.00. 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 ciurcumstances, including but not limited to
litigation, which requires the services of Contractor for any matter for
which Contractor is not otherwise compensated, City shall compensate
Contractor at the rate of $40.00 per hour for such services. Such services
shall require prior approval of and be rendered at the direction of the
Contract Officer.
Exhibit "C"
Page two
In the event of a request by the Contract Officer for inspection services,
compensation shall be at an hourly rate of $35.00 with a four {4) hour
minimum, plus mileage at the rate of $.30 per mile if the City does not
provide transportation.
In submitting payment requests, Contractor shall not only provide
information on payment requested but also the amount ramatntng of contract
maximum billing.
Compensation shall include only three items specifically indicated in this
exhibit.
EXHIBIT "O"
SCHEDULE OF PERFORMANCE
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 Contract Officer. Contract Officer
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 Contractor and Contract Officer. Said time for performance
shall begin the same day a pick-up reques~ is made. Rechecks shall be
completed in two (2) to seven (7) working days.
CONTRACT
SER¥[C£S ASR££HENT
THIS AGREEMENT FOR CONTRACT SERVICES (herein "Agreement"), is made and
entered into by and between the CITY OF TUSTIN (herein "City"), a municipal
corporation and Roger Le~9ett, In~. (herein
"Contractor"). The parties hereto agree as follows:
SERV[CES OF CONTRACTOR
1.! Scope of Services. In compliance with all terms and conditions of
this Agreement, the Contractor shall provide those services specified in
the "Scope of Services" attached hereto as Exhibit "A" and incorporated
herein by this reference, which services may be referred to herein as the
"services" or "work" hereunder. Contractor warrants that all services will
be performed in a competent, professional and satisfactory manner, in
accordance with the standards prevalent in the industry.
1.2 Contractor's Proposal. The Scope of Services shall include the
Contractor's proposal or bid which shall be incorporated herein by this
reference as though fully set forth herein. In the event of any
inconsistency between the terms of such proposal and this Agreement, the
terms of'this Agreement shall govern.
1.3 Compliance with Law. All services rendered hereunder shall be
provided in accordance with all ordinances, resolutions, statutes, rules,
and regulations of the City of Tustin and any Federal, State or local
governmental agency of competent Jurisdiction.
-1-
1.4 Licenses and Permits. Contractor 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.
[.5 Familiarity wtth Work. By executing this Contract, Contractor
warrants that (a) he has thoroughly investigated and considered the work to
(c) he has carefully
considered how the work should be performed, and (d) he fully understands
the facilities, dtfficultles and restrictions attending performance of the
work under this Agreement. Should the Contractor discover any latent or
unknown conditions materlally differing from those inherent In the work or
as represented by the City, he shall immediately inform City of such fact
and shall not proceed except at Contractor's risk until written
instructions are received from the Centract Off(cer.
1.$ Care of Work. The Contractor shall adopt reasonable methods during
the life of the Agreement to furnish continuous protection to the work, and
the equipment, materials, papers and other components thereof to prevent
losses or damages, and shall be responsible for all such damages, to
persons or property, until acceptance of the work by City, except such
losses or damages as may be caused by City's own negligence.
[.7 Additional Services. [n accordance with the terms and conditions of
this Agreement, the Contractor shall perform services In addition to those
specified in the Scope of Services (Exhibit "A") when directed to do so by
the Contract Officer, provided that Contractor shall not be required to
-2-
perform .any additional services wtthout compensation. Any addttton tn
compensation not exceeding ten percent (lO[) of the Contract sum may be
approved by the Contract Offtcer. Any greater increase must be approved by
the City Manager.
1.8 Spectal Requirements. Additional terms and condttlons of this
Agreement, tf any, which are made a part he~eof are set forth in the
"Special Requirements" attached hereto as £xhfbtt "B" and incorporated
herefn by this reference. In the event of a conflict between the
provisions of Exhibit "B" and any other provisions of this Agreement, the
provisions of Exhtbtt "B" shall govern.
2.0 COMPENSATION
2.1 For the servtces rendered pursuant to this Agreement, the Contractor
shall be compensated fn accordance wtth the "Schedule of Compensation"
attached hereto as £xhtblt "C" and Incorporated heretn by thts reference.
The method of compensation may include a lump sum payment upon completion,
payment tn accordance with the percentage of completion of the services,
payment for time and materials based upon the Contractor's rates as
specified tn £xhtbtt "C", but not exceeding the Contract Sum, or such other
methods as may be specified In the Schedule of Compensation (Exhibit "C").
Compensatfon may include reimbursement for actual and necessary
expenditures for reproduction costs, transportation expense, telephone
expense, premtums for bonds and insurance, and stmflar costs and expenses
when and tf specified tn the Schedule of Compensation (£xh~bft "C").
--3--
2.2 Method of Payment. Any month in which Contractor wishes to receive
payment, no later than the first ([st) working day of such month,
Contractor shall submit to the City in the form approved by the City's
Olrector of Finance, an invoice for services rendered prior to the date of
the invoice. City will pay Contractor for all expenses stated thereon
which are approved by City pursuant to this Agreement no later than the
last working day of said month.
3.0 PERFORMANCE SCHEDULE
3.1 Time of Essence.
Agreement.
Time is of the essence in the performance of this
3.2 Schedule of Performance. All services rendered pursuant to this
Agreement shall be performed within the time period established in the
"Schedule of Performance" attached hereto as Exhibit "O" and incorporated
herein by this reference. Extensions to the time period specified in the
Schedule of Performance may be approved in writing by the Contract Officer.
3.3 ~prce Majeure. The time period specified in the Schedule of
Performance (Exhibit "D") for performance of the services rendered to this
Agreement shall be extended because of any delays due to unforeseeable
causes beyond the control and without the fault or negligence of the
Contractor, including, but not restricted to, acts of God or of the public
enemy, acts of the Government, fires, earthquakes, floods, epidemic,
quarantine restrictions, riots, strikes, freight embargos, acts of any
governmental agency, and unusually severe weather if the Contractor shall
within ten (10) days of the commencement of such delay notify the
-4--
Contracting Offtcer shall ascertain the facts and the extent of delay, and
extend the tfme for performing the servtces for the per~od of the enforced
delay when and tf 1n h~s Judgment such delay ts justffted, and the
Contracting Officer's determination shall be f~nal and conclusive upon the
parties to th~s Agreement.
3.4 Term. Unless earlier terminated ~n accordance w~th Sectton 7.5 of
this Agreement, thts Agreement shall continue~ ~n ful~ force and effect
unttl completion of the servtces but not exceeding one (1) year from the
date hereof, except as otherwise provtded tn the Schedule of Performance
(Exh~btt "D").
4.0 COORDINATION OF WORK
4.1 Representative of Contractor. The following prfnctpals of Contractor
are hereby designated as betng the prJnctpals and representatives of
Contractor authorized to act ~n 1ts behalf wfth respect to the work
specified heretn and make all dectslons tn connection therewith:
Roger Leggett, Inc.
20392 Ttdeland Lane
Huntington Beach, Ca. 92646
It ts expressly understood that the experJence, knowledge, capability and
reputation of the foregoing prtnclpals were a substantial Jnducement for
Ctty to enter tnto th~s Agreement. Therefore, the foregoing principals
shall be responsible durJng the term of this Agreement for dtrectfng all
activities of Contractor and devottng sufficient ttme to personally
supervise the servtces hereunder. The foregoing principals may not be
changed by Contractor wtthout the express written approval of City.
4.2 Contract Officer. The Contract Officer shall be such person as may be
designated by the City Manager of City. It shall be the Contractor's
responsibility to assure that the Contract Officer is kept informed of the
progress of the performance of the services and the Contractor 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 A~atnst Subcontracttn~ or Assignment. The experience,
knowledge, capability and reputation of Contractor, its principals and
employees were a substantial inducement for the City to enter into .this
Agreement. Therefore, Contractor shall not contract with any other entity
to perform in whole or in part the services required hereunder without the
express written approval of the City. In addition, neither this Agreement
nor any interest herein may be assigned or transferred, voluntarily or by
operation of law, without the prior written approval of City.
4.4 Independent Contractor. Neither the City nor any of its employees
shall have any control over the manner, mode or means by which Contractor,
its agents or employees, perform the services required herein, except as
otherwise set forth. Contractor shall perform all services required herein
as an independent contractor of City and shall remain at all times as to
City a wholly independent contractor with only such obligations as are
consistent with that role. Contractor 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.
INSURANCE, INDEMNIFICATION AND BONDS
5.1 Insurance. The Contractor shall procure and maintain, at its cost,
and submit concurrently with its execution of this Agreement, public
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liability and property damage insurance against all claims for injuries
against persons or damages to property resulting from Contractor's acts or
omissions rising out of or related to Contractor's performance under this
Agreement. Contractor shall also carry Workers' Compensation Insurance in
accordance with State Workers' Co~ensation laws. Such insurance shall be
kep't in effect during the term of this Agreement and shall not be
cancellable without thirty (30) days' written notice of proposed
cancellation to City. A certificate evtdenct6~ the foregoing and naming
the City as an additional insured shall be delivered, to and approved by the
City prior to comme~cemant of the services hereunder. The procuring of
such insurance of the delivery of policies or certificates evidencing the
same shall not be construed as a limitation of Contractor's obligation to
'indemnify the City, its contractors or e~loyees. The amount of insurance
required hereunder shall include co~rehenstve general liability, personal
injury and automobile liability with limits of at least $1,000,000 combined
single limit per occurrence and professional liability coverage with limits
of at least $500,000 co.tried single limit per occurrence.
5.2 Indemnification. The Contractor shall defend, indemnify and hold
harmless the City, its officers, agents and e~loyees, 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(s), for damage to property {including property owned by the City)
and for errors and omissions committed by Contractor, its officers,
employees and agents, arising out of oF related to Contractor's performance
under this Agreement, except for such loss as may be caused by City's sole
negligence or that of its officers, agents or e~loyees.
~_3~ ~ Bond. Concurrently with execution of this Agreement,
Contra~shall deliver to City a performance bond in the penal sum of the
amount of_ 'CK~Agreement, in the form provided by the City Clerk, which
.secures the. fa it~q~,\performence of this Agreement, unless such requirement
is. wa~ve~ b~ the Con, Officer. The bond shall contain the original
~[t~ed. si~n~ture of ~_~rtzed officer of the surety and affixed
~r~jsh~al~. be a. ce. rtl_fled an~rent copy of his power of attorney.
~,~on~d_ sh_~.l.l~ r~tn t.n. for.ce d.u_ring ~entire term of the Agreement and
~i~1~1__ be .nuli and void only-if the Cont~r promptly and faithfully
'performs all terms and conditions of this Agreeme
6.0 RECORDS AND REPORTS
6.1 Reports. Contractor 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. Contractor shall keep such books and records as shall be
necessary to 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. All drawings, specifications, reports,
records, documents and other materials prepared by Contractor 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 Contractor shall have no claim for
further employment or additional compensation as a result of the exercise
by City of its full rights of ownership of the documents and materials
hereunder. Contractor may retain copies of such documents for its own use.
It shall have an unrestricted right to use the concepts embodied therein.
6.4 Release of Documents. The drawings, specifications, reports, records,
documents and other materials prepared by Contractor in the performance of
services under this Agreement shall not be released publicly without the
prior written approval of the Contract Officer.
7.0 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 Contractor
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
conttnu~ 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.$. 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.
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7.3 Waiver. No delay or omission in the exercise of any right or remedy
of a'nondefaulttng party on any default shall impair such right or remedy
or be construed as a waiver. City's consent or approval of any act by
Contractor requiring City's consent or approval shall not be deemed to
waive or render unnecessary City's consent to or approval of any subsequent
act of Contractor. 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 Rtcjhts 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, or to obtain
any other remedy consistent with the purposes of this Agreement.
.~.6 Liquidated Oame~e~. Since the determination of actual damages for
any
dela~ tn performance of this Agreement would be extremely difficult or
--~-
lmprac~al to determine in the event of a breach of this Agreement, the
Contracto~nd its sureties shall b· liable for and shall pay to the City
the sum of $~ as liquidated damages for each working day of
delay
in
the
pe~rmance of any service requlred hereunder, as specified in
the Schedule of Per~mance (Exhibit "O"). The City may withhold from any
monies payable on ac~nt of services performed by the Contractor any
accrued liquidated damage~
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7.7 Ten~tnatton Prtor 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 Contractor, except that where termination is
due to the fault of the Contractor and constitutes an immediate danger to
the 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, Contractor shall tmmedlately cease all services hereunder
except such as may be specifically approved~ by the Contract Officer.
Contractor 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 in accordance with the
Schedule of Compensation (£xhtbtt "C") or such as may be approved by the
Contract Officer.
7.8 Termination for Default of Contractor. If termination is due to the
failure of the Contractor 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 Contractor 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 mttigte such damages), and City may withhold any
payments to the Contractor for the purpose of setoff or partial payment of
the amounts owed the City as previously stated.
7.9 Attorneys' Fees. If either party commences an action against the
other party arising out of or in connection with this Agreement, the
prevailing party shall be entitled to recover reasonable attorneys' fees
and costs of suit from the losing party.
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8.0 CITY OFFICERS AND EMPLOYEES; NON DISCRIMINATION
8.1 Non-liabtllt~. of City Officers and Employees. No officer or employee
of the City shall be personally liable to the Contractor, 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 Contractor or to its successor, or for
breach of any obligation of the terms of this Agreement.
8.2 Conflict of Interest. No officer or employee of the City shall have
any personal interest, direct or indirect, in t~ts Agreement nor shall any
such officer or employee participate in any decision relating to the
Agreement which affects his personal interest or the interest of any
corporation, partnership or association in which he is, directly or
indirectly, interested, in violation of any State statute or regulation.
The Contractor warrants that it has not paid or given and will not pay or
give any third party any money or other consideration for obtaining this
Agreement.
8.3 Covenant a~atnst Discrimination. Contractor covenants that, by and
for itself, its heirs, executors, assigns, and all persons claiming under
or through them, it pays employees not less than the minimum wage as
defined by law and that there shall be no discrimination against or
segregation of, any person or group of persons on account of race, color,
creed, religion, sex, marital status, national origin, or ancestry in the
performance of this Agreement. Contractor shall take affirmative action to
insure that applicants are employed and that employees are treated during
employment without regard to their race, color, creed, religion, sex,
marital status, national origin, or ancestry.
9.0
MISCELLANEOUS PROVISIONS
g.1 Notice. Any notice, demand, request, consent, approval, 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 in forty-eight
(48) hours from the time of mailing if mailed ai, provided in this Section.
To City:
CITY OF TUSTIN
300 Centennial Way
Tusttn, CA 92680
Attention: Contract Officer
Christine Shtngleton, Director of Community Development
TO CONTRACTOR:
Roger Leggett
20392 Tideland Lane
Huntington Beach, Ca. 92646
9.2 Integrated Agreement. 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.
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9.4 Severabtltt¥. 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 a valid Judgment or decree of
a court of competent Jurisdiction, such tnvaliqtty or unenforceabtllty
shall not affect any of the reeatntng phrases, sentences, clauses,
paragraphs, Or sections of this Agreement which shall be interpreted to
carry out the intent of the parties hereunder.
g.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 OF TUSTIN
DATED:
City Manager, City of Tustin
CONSULTANT
DATED:
APPROVED AS TO FORM:
JAMES G. ROURKE
City Attorney
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EXHIBIT "A"
SCOPE OF SERVICES
ROGER LEGGETT-.
CONSULTING EN~ffCEER
20~92 TIDELAND LANE
HUNTINGTON BEACH
cAr~rWORNIA 92646
714 962-9950
· STRUCTURAL £NGINEER
· CODE CONSULTA~ON
November 13, 1986
Mr. Robert W. Balen, Planning Consultant
City of Tustin
300 Centennial Way
Tustin, Ca 92680
Subject: Request for proposal: Professional services/structural plan review
Dear Mr. Balen:
~This letter is to inform you of the services our firm has avaiable to offer
the City of Tustin regarding plan review.
We provide review of plans for conformance to applicable codes, as adopted
and the California Energy Conservation and Handicapped Access Regulations. These
codes are as follows:
1. Uniform Building Code (ArchiKectural and Structural)
2. Security Code
3. Title 24 Energy
Title 24 Handicapped Access & ~seability
5. National Electrical Code
6. Uniform Mechanical Code
7. Uniform Plumbing Code
Our service includes pick-up and delivery of plans and related documents from
your office. We log in projects a~ the time we are notified of them and pick then
up as soon as possible. We provide type written comment sheets to the city and
applicant. Re-reviewing is done 'on a rush basis and may be done by appointment,
if requested. Documents and approved plans are returned to the city. As part
of our service we are available for meetings wi~h City Staff as deemed necessary.
Preliminary 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 engineer (Roger Legsett) has been reviewing plans for.over 15 years.
We are fully insured and currently reviewing plans for several jurisdictions.
Also, for your consideration, we consult with experienced, licensed Mechanical
and Electrical Engineers on projects requiring expertise in a given specialty.
Enclosed is a brief resume for Roger Leggett, Structural Engineer, Mike Lima,
Electrical Engineer and Steve Leslie, Mechanical Engineer. References are also
included on the resume.
Our fees are 75% of the plan review fees collected by your jurisdiction.
If we can furnish you any more information,
Thank'you for your inquiry.
please feel.free to call..
Sincerely
Roger
EXHIBIT "B"
SPECIAL REQUIREMENTS
City hereby watves Sec:ion 1.5 (b) In this agreement.
2. Ctty hereby waives Section 5.3 "Performance Bond" Requirements
Agreement.
3. City hereby waives Sectlon 7.6 "liquidated damages" requirements
Agreement.
All plan check processing shall be coordinated through the City. Reviewed
plans and comments prepared by Contractor 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
Contract Officer.
5. With no additional cost to City, Contractor is to provide timely pick-up
and delivery of plans, on an as needed basis.
Mike Lima, Electrical Engineer and Steve Leslie, Mechanical Engineer are
hereby authorized as subcontractors pursuant to Section 4.3 of the
Agreement.
EXHIBIT "C"
SCHEDULE OF CONPENSATIOH
Payment for plan check services shall be made to Contractor 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, 25Z 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.
In the event of unusual circumstances, including but not limited to
litigation, which requires the services of Contractor for any matter for
which Contractor ts not otherwise compensated, City shall compensate
Contractor at the rate of $50.00 per .hour for such services. Such services
shall require prior approval of and be rendered at the direction of the
Contract Officer.
With no additional cost to City, Con:ractor is to provide timely pick-up
and delivery of plans, on an as needed basis.
Exhibit "C"
Page two
4. Compensation shall include Only these items listed speciftccally in this
Exhibit.
In submitting payment requests, Contractor shall not only provide
information on payment requested but also amount of remaining contract
maximum billing.
EXHIBIT "D"
SCHEDULE OF PERFORMANCE
Plan check services shall be performed within a~ five (5) day minimum to a
fourteen (I4) working day maximum depending on the complexity of the
project, unless otherwise agreed to by the Contract Officer. Contract
Officer 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 Contractor and Contract Officer. 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.