HomeMy WebLinkAbout14. Approve PSA w-Transtech Eng Inc & JAS Pacific Inc for Plan Reveiw & Insp SrvcsAPPROVED BY
CITY MANAGER
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: OFFICE OF THE CITY MANAGER
BY: ALDO E. SCHINDLER, DIRECTOR OF COMMUNITY DEVELOPME�
DATE: AP RI L 23, 2019
SUBJECT- PROFESSIONAL SERVICES AGREEMENTS FOR BUILDING AND SAFETY
PLAN REVIEW AND INSPECTION SERVICES
That the City Council approve Professional Services Agreements with Transtech Engineers,
Inc., and JAS Pacific, Inc. for professional plan review and as needed inspection services; and
authorize the City Manager to execute any and all amendments to the agreements.
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The Building and Safety Division of the Community Development Department currently
contracts with CIR Inc. ("CIR") for plan check and inspection services. CIR currently provides a
counter plan checker for the building counter for review of small edits and revisions of building
plans. CIR's counter plan checker retired at the end of December 2019, and CIR is having
difficulties finding someone to replace the plan checker. In the interim, CIR has provided a
temporary staff person to provide the service. Due to this uncertainty, we have taken this
opportunity to procure services from other companies. Municipal building divisions, as an
industry, are all having difficulties finding staff, so to avoid this situation in the future we are
recommending to establish a roster of companies for which we can contact for staffing as
needed.
sUrTr—CM
Inspection Services to 11 companies, in response staff received eight proposals. Four city staff
members from three different departments: Community Development, Public Works and Fire,
reviewed the RFQ's. Based on a review of the submitted RFQs staff interviewed four of the
most competitive companies. Upon completion of the interviews, staff was most impressed by
Transtech Engineers, Inc., and JAS Pacific, Inc., based on their industry experience, expertise,
and staff roster. The two firms provide professional building plan checking services and staffing
to numerous municipalities and have a well-qualified roster of staff available. A breakdown of
the proposed hourly rates is listed as Attachment "C".
APPROVE PROFESSIONAL SERVICES AGREEMENTS
FOR BUILDING AND SAFETY PLAN REVIEW AND INSPECTION SERVICES
APRIL 23, 2019
PAGE 2
Responding to residential and business property development needs is of paramount
importance in meeting the City's mission, goals, and objectives. Gaps in staffing cause delays
in response times. Our goal is to fill these staffing gaps with contract staff. City staff has
successfully used this model previously.
Transtech Engineers, Inc., and JAS Pacific, Inc. each have 15 plus years' experience. Each
provides top tier professional contract plan review and inspection services. They all manage
numerous municipal contracts and personnel, as well as supervising building activities and staff
with extensive experience in plan review, inspecting and building administrative functions. Staff
will also retain the services of CIR Inc., our current plan review and inspection services
company, and will use the new firms to augment any future staffing needs.
Fiscal Responsibility
Economic Vibrancy
Efficiency& Adaptability
FINANCIAL IMPACT
There will be no additional financial burden to the City's General Fund for the plan review, as
adequate funds were budgeted and approved in the FY 2018-19 budget. Community
Development Department account number 10-4-5210-0460 includes all Building Division
contract labor costs, and will continue to be used to record the contract labor costs associated
with the temporary contract positions.
ATTACHMENTS
Attachment A — Professional Services Agreements
Attachment B —Scope of Services
Attachment C —Hourly Rates
CITY OF DOWNEY
PROFESSIONAL
• .
PLANCHECKAND
ON-CALL
1. PARTIES AND DATE.
This Agreement is made and entered into this April day of 23, 2019 by and between
the City of Downey, a California municipal corporation and charter city with its principal
place of business at 11111 Brookshire Avenue, Downey California 90241 ("City") and
Transtech Engineers, Inc., a California corporation, with its principal place of business at
13367 Benson Avenue, Chino,_ California 91710 ("Consultant"). City and Consultant are
sometimes individually referred to as "Party" and collectively as "Parties."
2. RECITALS.
Consultant desires to perform and assume responsibility for the provision of certain
professional plan check and on-call staffing services required by City on the terms and
conditions set forth in this Agreement. Consultant represents that it has demonstrated
competence and experience in providing plan check and on-call staffing services to public
clients, is licensed in the State of California, and is familiar with the plans of City.
City desires to engage Consultant to render plan check and on-call staffing services as
set forth in this Agreement.
3. TERMS.
3.1.1 General Scooe of Services. Consultant promises and agrees to furnish
to City all labor, materials, tools, equipment, services, and incidental and customary work
necessary to fully and adequately supply the professional plan check and on-call staffing
services ("Services"). The Services are more particularly described in Exhibit "A" attached
hereto and incorporated herein by reference. All Services shall be subject to, and performed
in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by
reference, and all applicable local, state and federal laws, rules and regulations.
3.1.2 _Term. The term of this Agreement shall be from April 24, 2019 to June 30,
2020, unless earlier terminated as provided herein, with five (5) optional annual one-year period
of extension, fora total contract term of up to six and half (6.5) years. The City does not imply that the
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Attachment "A"
contract, as written, or the resulting contract for services will be extended. Consultant shall
complete the Services within the term of this Agreement, and shall meet any other
established schedules and deadlines. The term of this Agreement may be extended by
written amendment to this Agreement signed by the City Manager and the Consultant.
3.2.1 Control and Pa meet of Subordinates lade endent Contractor. The
Services shall be performed by Consultant or under its supervision. _Consultant will
determine the means, methods and details of performing the Services subject to the
requirements of this Agreement. City retains Consultant on an independent contractor basis
and not as an employee. Consultant retains the right to perform similar or different services
for others during the term of this Agreement. Any additional personnel performing the
Services under this Agreement on behalf of Consultant shall also not be employees of City
and shall at all times be under Consultant's exclusive direction and control. Consultant shall
pay all wages, salaries, and other amounts due such personnel in connection with their
performance of Services under this Agreement and as required by law. Consultant shall be
responsible for all reports and obligations respecting such additional personnel, including, but
not limited to: social security taxes, income tax withholding, unemployment insurance,
disability insurance, and workers' compensation insurance.
In the event that Consultant or any employee, agent, or subcontractor of Consultant
providing services under this Agreement claims or is determined by a court of competent
jurisdiction or the California Public Employees Retirement System (CaIPERS) to be eligible
for enrollment in CalPERS as an employee of City, Consultant shall indemnify, defend, and
hold harmless CITY for the payment of any employee and/or employer contributions for
CalPERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as
well as for the payment of any penalties and interest on such contributions, which would
otherwise be the responsibility of City.
3.2.2 Schedule of Services. Consultant shall perform the Services
expeditiously, within the term of this Agreement. Consultant represents that it has the
professional and technical personnel required to perform the Services in conformance with
such conditions City shall respond to Consultant's submittals in a timely manner. Upon
request of City, Consultant shall provide a more detailed schedule of anticipated performance
to meet the Schedule of Services. The parties acknowledge that the Schedule of Services
may be amended by mutual agreement due to changes in circumstances, including changes
in the performance schedules of other third parties performing work for the City on the
Project, which affect the timing of Consultant's performance of the Services.
3.2.3 Conformance to 62plicable Re uirements All work prepared by
Consultant shall be subject to the approval of City.
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3.2.4 Substitution of Key Personnel. Consultant has represented to City that
certain key personnel will perform and coordinate the Services under this Agreement. Should
one or more of such personnel become unavailable, Consultant may substitute other
personnel of at least equal competence upon written approval of City. In the event that City
and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to
terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to
perform the Services in a manner acceptable to the City, or who are determined by the City to
be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or
a threat to the safety of persons or property, shall be promptly removed from the Project by
the Consultant at the request of the City.
3.2.5 City's Representative. The City hereby Community Development
Director or his or her designee, to act as its representative for the performanceofthis
Agreement ("City's Representative"). City's Representative shall have the power to act on
behalf of the City for all purposes under this Contract. Consultant shall not accept direction
or orders from any person other than the City's Representative or his or her designee.
3.2.6 Consultant's Representative. Consultant hereby designates Dennis
Tarango, Principal Building Official or his or her designee, to act as its representative for the
performance of this Agreement ("Consultant's Representative"). Consultant's Representative
shall have full authority to represent and act on behalf of the Consultant for all purposes
under this Agreement. The Consultant's Representative shall supervise and direct the
Services, using his professional skill and attention, and shall be responsible for all means,
methods, techniques, sequences and procedures and for the satisfactory coordination of all
portions of the Services under this Agreement.
3.2.7 Coordinationof Services. Consultant agrees to work closely with City
staff in the performance of Services and shall be available to City's staff, consultants and
other staff at all reasonable times.
3.2.8 Standard of Care' Performance of Em2Loyees. Consultant shall perform
all Services under this Agreement in a skillful and competent manner, consistent with the
standards generally recognized as being employed by professionals in the same discipline in
the State of California. Consultant represents and maintains that it is skilled in the
professional calling necessary to perform the Services. Consultant warrants that all
employees and subcontractors shall have sufficient skill and experience to perform the
Services assigned to them. Finally Consultant represents that it, its employees and
subcontractors have all licenses, permits, qualifications and approvals of whatever nature
that are legally required to perform the Services, including a City Business License, and that
such licenses and approvals shall be maintained throughout the term of this Agreement. As
provided for in the indemnification provisions of this Agreement, Consultant shall perform, at
its own cost and expense and without reimbursement from the City, any services necessary
to correct errors or omissions which are caused by the Consultant's failure to comply with the
standard of care provided for herein. Any employee of the Consultant or its sub -consultants
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who is determined by the City to be uncooperative, incompetent, a threat to the adequate or
timely completion of the Project, a threat to the safety of persons or property, or any
employee who fails or refuses to perform the Services in a manner consistent with the
standard of care set forth herein, shall be promptly removed from the Project by the
Consultant and shall not be re-employed to perform any of the Services or to work on the
Project.
3.2.9 Laws and Regulation . Consultant shall keep itself fully informed of and
in compliance with all applicable local, state and federal laws, rules and regulations in force at
the time the Services are performed by Consultant and in any manner affecting the
performance of the Project or the Services, including all applicable Cal/OSHA requirements,
and shall give all notices required by law. Consultant shall be liable for all violations of such
laws and regulations in connection with Services. If the Consultant performs any work
knowing it to be contrary to such laws, rules and regulations and without giving written notice
to the City, Consultant shall be solely responsible for all costs arising therefrom. Consultant
shall defend, indemnify and hold City, its officials, directors, officers, employees and agents
free and harmless, pursuant to the applicable indemnification provisions of this Agreement,
from any claim or liability arising out of any failure or alleged failure to comply with such laws,
rules or regulations. Consultant's violation of such laws, rules and regulations shall also
constitute a material breach of this Agreement.
3.2.10 Insurance.
3.2.10.1 Time for Compliance. Consultant shall not commence the
Services or the Project under this Agreement until it has provided evidence satisfactory to the
City that it has secured all insurance required under this section. In addition, Consultant shall
not allow any subcontractor to commence work on any subcontract until it has provided
evidence satisfactory to the City that the subcontractor has secured all insurance required
under this section. The City reserves the right to modify these requirements, including limits,
based on the nature of the risk, prior experience with insurer, coverage or other special
circumstances.
3.2.10.2 Minimum Reouirements. Consultant shall, at its expense,
procure and maintain for the duration of the Agreement insurance against claims for injuries
to persons or damages to property which may arise from or in connection with the
performance of the Agreement, the Services or the Project by the Consultant, its agents,
representatives, employees or subcontractors. Consultant shall also require all of its
subcontractors to procure and maintain the same insurance for the duration of the
Agreement. Such insurance shall meet at least the following minimum levels of coverage:
(A) Minimum Scooe of Insurance; (1) Commercial General
Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence"
basis including products and completed operations, property damage, bodily injury and
personal and advertising injury; (2) Automobile Liability: Insurance Services Office Form
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Number CA 0001 covering Code "1 (any auto) or if Consultant owns no autos, Code 8 (hired)
and 9 (non -owned); and (3) Workers' Compensation : Workers' Compensation insurance as
required by the State of California with Statutory Limits; and (4) Employer's Liability
Insurance.
(B) Minimum Limits of Insurance. Consultant shall maintain
limits no less than: (1) Commercial General Liability (CGL): No less than $2,000,000 per
occurrence for products and completed operations, bodily injury, property damage and
personal and advertising injury. If Commercial General Liability Insurance or other form with
general aggregate limit applies, either the general aggregate limit shall apply separately to
this Agreement/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be
twice the required occurrence limit; (2) Automobile Liability: No less than $2,000,000 per
accident for bodily injury and property damage; and (3) Workers' Compensation: Workers'
Compensation limits as required by the Labor Code of the State of California with Statutory
Limits; (4) Employer's Liability: Employer's Liability limits of no less than $2,000,000 per
accident for bodily injury or disease. Employer's Liability coverage may be waived by the City
if City receives written verification that Consultant has no employees.
If the Consultant maintains broader coverage and/or higher limits than the minimum shown in
this subdivision 3.2.10.2, the City requires and shall be entitled to the broader coverage
and/or the higher limits maintained by the Consultant. ` Any available insurance proceeds in
excess of the specified minimum limits of insurance and coverage shall be available to the
city.
3.2.10.3 Professional Liability Errors & Omissions Consultant
shall procure and maintain, and require its sub -consultants to procure and maintain, for a
period of five (5) years following completion of the Services or the Project, errors and
omissions liability insurance appropriate to its profession. Such insurance shall be in an
amount not less than $2,000,000 per occurrence or claim and $2,000,000 in the aggregate
and shall be endorsed to include contractual liability._ If the Consultant maintains broader
coverage and/or higher limits than the minimum shown in this subdivision 3.2.10.3, the City
requires and shall be entitled to the broader coverage and/or higher limits maintained by the
Consultant. Any available insurance proceeds in excess of the specified minimum limits of
insurance and coverage shall be available to the City.
3.2.10.4 Insurance Endorsements. The insurance policies shall
contain the following provisions, or Consultant shall provide endorsements on forms
approved by the City to add the following provisions to the insurance policies:
(A) Additional Insured. Status. The Commercial General
Liability policy shall be endorsed to state that: (1) the City, its directors, officials, officers,
employees, agents and volunteers shall be covered as additional insureds with respect to
liability arising from the work, Services, Project or operations performed by or on behalf of the
Consultant, including materials, parts or equipment furnished in connection with such work,
Services, Project or operations; and (2) the insurance coverage shall be primary insurance as
respects the City, its directors, officials, officers, employees, agents and volunteers, or if
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excess, shall stand in an unbroken chain of coverage excess of the Consultant's scheduled
underlying coverage. Commercial General Liability insurance coverage may be provided in
the form of an endorsement to the Consultant's insurance (at lease as broad as ISO Form
CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33 or CG 2038; and CG 20 37 forms if
later revisions are used).
(B) Waiver of Subrogation, Consultant hereby grants to City a
waiver of any right to subrogation which any insurer of said Consultant may acquire against
the City by virtue of the payment of any loss under said insurance policies set forth herein.
Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of
subrogation, but this provision applies regardless of whether or not the City has received a
waiver of subrogation endorsement from the insurer.
(C) All Coverages. Each insurance policy required by this
Agreement shall be endorsed to state that: (A) coverage shall not be suspended, voided,
reduced or canceled except with written notice by certified mail, return receipt requested to
the City; and (B) any failure to comply with reporting or other provisions of the policies,
including breaches of warranties, shall not affect coverage provided to the City, its directors,
officials, officers, employees, agents and volunteers.
3.2.10.5 Prima Ey_ CgypLaqe., For any claims related to this
Agreement, the Consultant's insurance coverage shall be primary insurance and primary
coverage at least as broad as ISO CG 20 01 04 13 with respect to the City, its directors,
officials, officers, employees, agents and volunteers. Any insurance or self-insurance
maintained by the City, its directors, officials, officers, employees, agents and volunteers shall
be excess of the Consultant's insurance and shall not be called upon to contribute with it in
any way.
3.2.10.6 Se aration of Insureds No Special Limitations. All
insurance required by this Section shall contain standard separation of insureds provisions.
In addition, such insurance shall not contain any special limitations on the scope of protection
afforded to the City, its directors officials, officers, employees, agents and volunteers.
3.2.10.7 Deductibles and Self-insurance Detentions. Any
deductibles or self-insured retentions must be declared to and approved by the City. City may
require Consultant to provide proof of ability to pay losses and related investigations, claim
administration and defense expenses and costs within the retention. The policy language
shall provide or be endorsed to provide that the self-insured retention may be satisfied by
either the named insured or City.
3.2.10.8 Acce ""tability of Insurers. Insurance is to be placed with
insurers with a current A.M. Best's rating no less than A:VII authorized to do business in
California, and satisfactory to the City.
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3.2.10.9 Verification of Coverage,. Consultant shall furnish City with
original certificates of insurance, including all required amendatory endorsements (or copies
of the applicable policy language effective coverage required by this provision) and a copy of
the Declarations and Endorsement Page of the Commercial General Liability policy listing all
policy endorsements to the City before the commencement of work under this Agreement.
However, failure to obtain the required documents prior to the commencement of work under
this Agreement shall not waive the Consultant's obligation to provide them to the City. The
City reserves the right to require complete, certified copies of all required insurance policies,
including endorsements, at any time.
3.2.10.10 Claims -Made policies. If any of the policies provide
coverage on a claims -made basis:
(A) The retroactive date must be shown and must be before the date of this
Agreement or the date work commences under this Agreement, whichever is earliest;
(B) Insurance must be maintained and evidence of insurance must be
provided for at least five (5) years after completion of the Services provided under this
Agreement;
(C) if coverage is canceled, non -renewed, and not replaced with another
claims -made policy form with a retroactive date prior to the effective date of this Agreement
or the date work commences under this Agreement, whichever is earliest, the Consultant
must purchase extended reporting coverage for a minimum of five (5) years after completion
of the Services under this Agreement.
3.2.11 Safe Consultant shall execute and maintain its work so as to avoid
injury or damage to any person or property. In carrying out its Services, the Consultant shall
at all times be in compliance with all applicable local, state and federal laws, rules and
regulations, and shall exercise all necessary precautions for the safety of its employees
appropriate to the nature of the work and the conditions under which the work is to be
performed. Safety precautions as applicable shall include, but shall not be limited to: (A)
adequate life protection and life-saving equipment and procedures; (B) instructions in
accident prevention for all employees and subcontractors, such as safe walkways,, scaffolds,
fall protection ladders, bridges, gang planks, confined space procedures, trenching and
shoring, equipment and other safety devices, equipment and wearing apparel as are
necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for
the proper inspection and maintenance of all safety measures.
3.3.1 Compensation. Consultant shall receive compensation, including
authorized reimbursements, for all Services rendered under this Agreement at the rates set
forth in Exhibit "B" attached hereto and incorporated herein by reference. Extra Work may be
authorized, as described below, and if authorized, said Extra Work will be compensated at
the rates and manner set forth in this Agreement.
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3.3.2 Payment of Compensation. Consultant shall submit to City`a monthly
itemized statement which indicates work completed and hours of Services rendered by
Consultant. The statement shall describe the amount of Services and supplies provided
since the initial commencement date, or since the start of the subsequent billing periods, as
appropriate, through the date of the statement. City shall, within thirty (30) days of receiving
such statement, review the statement and pay all approved charges thereon.
3.3.3 Reimbursement for ansae Consultant shall not be reimbursed for
any expenses unless authorized in writing by City.
3.3.4 Extra Work. At any time during the term of this Agreement, City may
request that Consultant perform Extra Work. As used herein, "Extra Work" means any work
which is determined by City to be necessary for the proper completion of the Project, but
which the parties did not reasonably anticipate would be necessary at the execution of this
Agreement. Consultant shall not perform, nor be compensated for, Extra Work without
written authorization from the City Manager.
3.4.1 aintenance and Inspection. Consultant shall maintain complete and
accurate records with respect to all costs and expenses incurred under this Agreement. All
such records shall be clearly identifiable. Consultant shall allow a representative of City
during normal business hours to examine, audit, and make transcripts or copies of such
records and any other documents created "pursuant to this Agreement. Consultant shall allow
inspection of all work, data, documents, proceedings, and activities related to the Agreement
for a period of three (3) years from the date of final payment under this Agreement.
3.5.1.1 Grounds for Termination. City may, by written notice to
Consultant, terminate the whole or any part of this Agreement at any time either for cause or
for the City's convenience and without cause by giving written notice to Consultant of such
termination, and specifying the effective date thereof, at least seven (7) days before the
effective date of such termination. Consultant may only terminate this Agreement for cause
upon giving the City not less than seven (7) calendar days' written notice.
Upon termination, Consultant shall be compensated only for those services which
have been adequately rendered to City, and Consultant shall be entitled to no further
compensation. The City shall within fifteen (15) calendar days following termination pay the
Consultant for all services adequately rendered and all reimbursable costs incurred by
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Consultant up to the date of termination, in accordance with the payment provisions of this
Agreement.
The following reasons shall constitute"cause" for which eitherparty may terminate this
Agreement as provided herein:
w Substantial failure by the other party to perform in accordance with the terms of
this Agreement and through no fault of the terminating party;
Assignment of this Agreement or transfer of the Project by either party to any
other entity without the prior written consent of the other party;
0 Suspension of the Project or the Consultant's Services by the City for more than
ninety (90) calendar days, consecutive or in the aggregate, without good cause;
0 Material changes in the conditions under which this Agreement was entered
into, the Scope of Services or the nature of the Project, and the failure of the
parties to reach agreement on the compensation and schedule adjustments
necessitated by such changes.
3.5.1.2 Effect of Termination. If this Agreement is terminated as
provided herein, City may require Consultant to provide all finished or unfinished Documents
and Data and other information of any kind prepared by Consultant in connection with the
performance of Services under this Agreement. Consultant shall be required to provide such
Documents and Data and other information within fifteen (15) days of the City's request.
3.5.1.3 Additional Services. In the event this Agreement is
terminated in whole or in part as provided herein, City may procure, upon such terms and in
such manner as it may determine appropriate, services similar to those terminated.
3.5.2 Delivery of Notices. All notices permitted or required under this
Agreement` shall be given to the respective parties at the following address, or at such other
address as the respective parties may provide in writing for this purpose:
Transtech Engineers, Inca
13367 Benson Avenue
Chino,_ California, 9171
Phone: (855) 595-2495
Fax: O
Attn: Dennis Tarango, Principal Building Official
City:
City of Downey
11111 Brookshire Avenue
Downey, California 90241
Phone: (562) 904-7286
Fax: (562) 923-6388
Attn: City Manager
With a courtesy copy to.
City of Downey
City Attorney's Office
11111 Brookshire Avenue
Downey, California 90241
Such notice shall be deemed made when personally delivered or when mailed, forty-
eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to
the party at its applicable address. Actual notice shall be deemed adequate notice on the
date actual notice occurred, regardless of the method of service.
�► a8=01MOVAR1110-
3.5.3.1 _Documents>& Data; Licensin of Intellectual Propef!y, This
Agreement creates a non-exclusive and perpetual license for City to copy, use, modify,
reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied
in plans, specifications, studies, drawings, estimates, and other documents or works of
authorship fixed in any tangible medium of expression, including but not limited to, physical
drawings or data magnetically or otherwise recorded on computer diskettes, which are
prepared or caused to be prepared by Consultant under this Agreement ("Documents &
Data"). Consultant shall require all subcontractors to agree in writing that City is granted a
non-exclusive and perpetual license for any Documents& Data the subcontractor prepares
under this Agreement. Consultant represents and warrants that Consultant has the legal
right to license any and all Documents & Data. Consultant makes no such representation
and warranty in regard to Documents & Data which were prepared by design_ professionals
other than Consultant or provided to Consultant by the City. City shall not be limited in any
way in its use of the Documents and Data at anytime, provided that any such use not within
the purposes intended by this Agreement shall be at City's sole risk.
3.5.3.2 Confidentialily. All ideas, memoranda, specifications,
plans, procedures, drawings, descriptions, computer program data, input record data, written
information, and other Documents and Data either created by or provided to Consultant in
connection with the performance of this Agreement shall be held confidential by Consultant.
Such materials shall not, without the prior written consent of City, be used by Consultant for
any purposes other than the performance of the Services. Nor shall such materials be
disclosed to any person or entity not connected with the performance of the Services or the
Project. Nothing furnished to Consultant which is otherwise known to Consultant or is
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generally known, or has become known, to the related industry shall be deemed confidential.
Consultant shall not use City's name or insignia, photographs of the Project, or any publicity
pertaining to the Services or the Project in any magazine, trade paper, newspaper, television
or radio production or other similar medium without the prior written consent of City.
3.5.4 Cooperation ,Further Acts. The Parties shall fully cooperate with one
another, and shall take any additional acts or sign any additional documents as may be
necessary, appropriate or convenient to attain the purposes of this Agreement.
3.5.5 Attorney's Pees. In the event of any litigation, whether in a court of law,
administrative hearing, arbitration, or otherwise, arising from or related to this Agreement of
the services provided under this Agreement, the prevailing party shall be entitled to recover
from the non -prevailing party all reasonable costs incurred, including staff time, court costs,
attorneys' fees and all other related expenses in such litigation.
3.5.6 _Indemnification,
3.5.6.1 General Indemnification. Except as provided in subdivision
3.5.6.2 below which is applicable to "design professionals" only, Consultant shall defend (with
counsel acceptable to City), indemnify and hold the City, its officials, officers, employees,
volunteers and agents free and harmless from any and all claims, demands, causes of action,
costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons,
including wrongful death, in any manner arising out of or incident to any alleged negligent
acts, errors, omissions or willful misconduct of Consultant, its officials, officers, employees,
agents, consultants and contractors, including, but not limited to, any liability incurred by City
based on an allegation that Consultant has been misclassified as an independent contractor,
failed to pay any or all necessary state or federal taxes, or is eligible for enrollment in
CalPERS as an employee of City, arising out of or in connection with the performance of the
Services, the Project or this Agreement, including without limitation the payment of all
consequential damages and attorneys' fees and other related costs and expenses.
Consultant shall defend, at Consultant's own cost, expense and risk, any and all such
aforesaid suits, actions or other legal proceedings of every kind that may be brought or
instituted against City, its directors, officials, officers, employees, agents or volunteers.
Consultant shall pay and satisfy any judgment, award or decree that may be rendered
against City or its directors, officials, officers, employees, agents or volunteers, in any such
suit, action or other legal proceeding. Consultant shall reimburse City and its directors,
officials, officers, employees, agents and/or volunteers, for any and all legal expenses and
costs incurred by each of them in connection therewith or in enforcing the indemnity herein
provided. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if
any, received by the City, its directors, officials officers, employees, and agents or volunteers.
Consultant shall not be obligated to defend, indemnify or hold the City harmless in any
manner whatsoever for any claims or liability arising solely out of the City's own negligent
acts, errors or omissions or willful misconduct.
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3.5.6.2 Lesion Professionals. The provisions of this subdivision
3.5.6.2 shall apply only in the event that Consultant is a "design professional" within the
meaning of California Civil Code section 2782.8(c). If Consultant is a "design professional
within the meaning of Section 2782.8(c), then, notwithstanding subdivision 3.5.6.1 above, to
the fullest extent permitted by law (including, without limitation, Civil Code sections 2782 and
2782.6), Consultant shall defend (with legal counsel reasonably acceptable to City),
indemnify and hold harmless City and City's officers, officials, employees, volunteers and
agents from and against any Claim that arises out of, pertains to, or relates to, directly or
indirectly, in whole or in part, the negligence, recklessness, or willful misconduct of
Consultant, any subconsultant, subcontractor or any other person directly or indirectly
employed by them, or any person that any of them control, arising out of Consultant's
performance of any task or service for or on behalf of City under this Agreement,_ including,
but not limited to, any liability incurred by City based on an allegation that Consultant has
been misclassified as an independent contractor, failed to pay any or all necessary state or
federal taxes, or is eligible for enrollment in CaIPERS as an employee of City. Such
obligations to defend, hold harmless and indemnify City or any City officers, officials,
employees or volunteers shall not apply to the extent that such Claims are caused in part by
the sole active negligence or willful misconduct of City or such City officers, officials,
employees, volunteers and agents. Consultant's cost to defend City and/or City's officers,
officials, employees or volunteers against any such Claim shall not exceed Consultant's
proportionate percentage of fault with respect to that Claim; however, pursuant to Civil Code
section 2782.8(a), in the event that one or more defendants is unable to pay its share of
defense costs due to bankruptcy or dissolution of the business, Consultant shall meet and
confer with City (and, if applicable, other parties) regarding any unpaid defense costs. To the
extent Consultant has a duty to indemnify City or any City officers,_ officials, employees,
volunteers and/or agents under this subdivision 3.5.6.2, Consultant shall be responsible for
all incidental and consequential damages resulting directly or indirectly, in whole or in part,
from Consultant's negligence, recklessness or willful misconduct.
3.5.7 Entire Agreement. This Agreement contains the entire Agreement of the
parties with respect to the subject matter hereof, and supersedes all prior negotiations,
understandings or agreements.
3.5.8 Governing Law. This Agreement shall be governed by the laws of the
State of California. Venue shall be the courts in Los Angeles County.
3.5.9_. Time of Essence. Time is of the essence for each and every provision of
this Agreement.
3.5.10 Cit ,s Edi ht to,Employ Other Consultants. City reserves right to employ
other consultants in connection with this Project.
3.5.11 Successors and Assigns. This Agreement shall be binding on the
successors and assigns of the parties.
(01539136;1) 12
3.5.12 AssLqnmenJ,,2r Transfer. Neither party shall assign, hypothecate, or
transfer, either directly or by operation of law, this Agreement or any interest herein without
the prior written consent of the other party. Any attempt to do so shall be null and void, and
any assignees, hypothecates or transferees shall acquire no right or interest by reason of
such attempted assignment, hypothecation or transfer.
3.5.13 Construction; Peferen s'' Ca tions. Since the Parties or their agents
have participated fully in the preparation of this Agreement, the language of this Agreement
shall be construed simply, according to its fair meaning, and not strictly for or against any
Party. Any term referencing time, days or period for performance shall be deemed calendar
days and not work days. All references to Consultant include all personnel, employees,
agents, and subcontractors of Consultant, except as otherwise specified in this Agreement.
All references to City include its elected officials, officers, employees, agents and volunteers
except as otherwise specified in this Agreement. The captions of the various articles and
paragraphs are for convenience and ease of reference only, and do not define, limit,
augment, or describe the scope, content, or intent of this Agreement.
3.5.14 Amendment: Modification. No supplement, modification, or amendment
of this Agreement shall be binding unless executed in writing and signed by both Parties.
3.5.15 Waiver. No waiver of any default shall constitute a waiver of any other
default or breach, whether of the same or other covenant or condition. No waiver, benefit,
privilege, or service voluntarily given or performed by a Party shall give the other Party any
contractual rights by custom, estoppel, or otherwise.
3.5.16 No Third Party Beneficiaries. There are no intended third party
beneficiaries of any right or obligation assumed by the Parties.
3.5.171nvaliditytr Severability. If any portion of this Agreement is declared
invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions shall continue in full force and effect.
3.5.18 Prohibited Interests. Consultant maintains and warrants that it has not
employed nor retained any company or person, other than a bona fide employee working
solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it
has not paid nor has it agreed to pay any company or person, other than a bona fide
employee working solely for Consultant, any fee, commission,- percentage, brokerage fee, gift
or other consideration contingent upon or resulting from the award or making of this
Agreement. For breach or violation of this warranty, City shall have the right to rescind this
Agreement without liability. For the term of this Agreement, no member, officer or employee
of City, during the term of his or her service with City, shall have any direct interest in this
Agreement, or obtain any present or anticipated material benefit arising therefrom.
{01539136;1} 13
3.5.19 E' ual coortunity Etafoyment. Consultant represents that it is an equal
opportunityemployer and it shall not discriminate against any subcontractor, employee or
applicant for employment because of race, religion, color, national origin, handicap, ancestry,
sex or age. Such non-discrimination shall include, but not be limited to, all activities related to
initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising,
layoff or termination. Consultant shall also comply with all relevant provisions of any City
Minority Business Enterprise program, Affirmative Action Plan or other related programs or
guidelines currently in effector hereinafter enacted.
3.5.20 Labor Certification. By its signature hereunder, Consultant certifies that
it is aware of the provisions of Section 3700 of the California Labor Code which require every
employer to be insured against liability for Worker's Compensation or to undertake self-
insurance in accordance with the provisions of that Code, and agrees to comply with such
provisions before commencing the performance of the Services.
3.5.21 Authorily to Enter Agreement Consultant has all requisite power and
authority to conduct its business and to execute, deliver, and perform the Agreement. Each
Party warrants that the individuals who have signed this Agreement have the legal power,
right, and authority to make this Agreement and bind each respective Party. -
3.5.22 Counterparts. This Agreement may be executed in counterparts, each of
which shall constitute one and the same instrument.
3.5.23. Effect of Conflict.
In the event of any conflict, inconsistency, or incongruity between any provision of this
Agreement, any of its exhibits, attachments, purchase order, or notice to proceed, the
provisions of this Agreement will govern and control.
•
3.6.1 Prior Aroval Rehired; Consultant shall not subcontract any portion of
the work required by this Agreement, except as expressly stated herein, without prior written
approval of City. Consultant shall require and verify that all subcontractors maintain
insurance meeting all of the requirements set forth in this Agreement. Consultant shall ensure
that City is an additional insured as required in Section 3.2.10.4. Subcontracts, if any, shall
contain a provision making them subject to all provisions stipulated in this Agreement.
CITY OF .•
a California municipal corporation
• charter city
(01534136;1) 14
•
i is • • ' ': • '.
By: By: _
Mayor Prinai Buil in ioai
'At 0 -r
Attest: Attest:
City Clerk Secretary
Approved as to Form: Approved as to Form;
--Y� Cj
C' Attorney Legal Counsel
0119.123859
{01539136;1} 15
EXHIBIT "A"
A. The services to be provided by the selected consultant(s) (or "Consultant") may include, but are
not limited to, the following:
1. Building Plan Review Services
Review architectural, structural, electrical, mechanical, plumbing, grading, drainage,
accessibility, energy, green building, landscape, fire and life safety submittals, plans, and
reports for compliance with the California, Building Standards Codes, the City's Municipal
Code and other applicable Federal, State, and local laws, policies, ordinances, and
regulations. Consultant shall perform site visits as required by the City toverifyexisting
conditions and better coordinate plan review services. Provide onsite plan checker to
review over the counter plans and revisions Monday -Friday 7:30-10:30 am; bilingual
(Spanish/English) plan checker is highly desirable.
2. As Needed Inspection Services:
Inspect architectural, structural, electrical,_ mechanical, plumbing, grading, drainage,
accessibility, energy, green building, landscape, fire and life safety submittals, plans, and
reports for compliance with the California Building Standards 'Codes, the City's Municipal
Code and other applicable Federal, State, and local laws, policies, ordinances, and
regulations.
B. All plan review services shall be performed by International Code Council (ICC), or similarly
certified plans examiners and/or licensed professional engineers (State of California), with
extensive experience in plan review. All staff utilized by Consultant shall be appropriately
licensed, registered, and certified as required by the State of California and the City to perform
each of the specific scopes of work.
C. Consultant shall review all -plan check applications for accuracy and make all necessary
revisions to such items as description, valuation, square footage, type of construction, and use.
All plan review correction materials including marked up plans, documents, and plan check
correction lists shall be provided in the City desired format to the City representative immediately
upon completion of the plan review at no extra charge to City. This process includes delivery of
a hard copy of the reviewed plan, correction list and a copy e-mailed at no extra cost to the City.
D. Provide plan check status reports, statistical reports, and performance and management reports
on a regular basis or upon request of City in the format type requested by the City (paper or
electronic). The information requested may include such information as project name, address,
description, square footage, and type of construction, type of review(s) performed, hour(s)
required per review, reviewer name, reviewer credentials and turnaround time of plan review(s).
E. In order to meet city established standards, the expected turnaround times for plan review are
as follows:
• Two (2) weeks for Tenant Improvements, Single Family Residential and Light Commercial
projects.
• Four (4) weeks for new Multi -family Residential and Large Commercial projects.
• Five (5) working days for resubmitted Residential and Light Commercial projects.
{01539136;1) 1
• Fifteen (15) working days for resubmitted Multi -family Residential and Large Commercial
projects.
• Other timetables available upon written request of the City.
F. -Plan reviewers shall be available to work at the City upon request and will be required to access
the City's permitting system to manage and process the assigned work. Plan reviewers shall be
available to applicants and City personnel for meetings upon request.
G. The City encourages electronic plan submittal. Consultant shall provide plan review and scope
of work services through the City's Electronic Review systems, ePlanSoft by Owen Group Inc.,
or through other electronic media (i.e., PDF, email, etc.) as required by the City. Electronic plan
reviews will be required to be completed utilizing the City's ePlan system. System access and
training will be provided by City to selected consultant in accordance to City policies and
practices. All ePlan records of corrections, approvals, and comments shall be entered in the
City's system in a manner that is in accordance to customer service standards and policies. If a
consultant uses a different electronic plan review process to provide plan review services, an
electronic plan review service proposal shall accompany this proposal and specifically address
the following areas:
1. ePlan file transfers from City to Consultant and Consultant to City.
2. ePlan review real-time status of progress.
3. ePlan corrections (red lines), comments, and clarification transfer to the City for
consolidation with other agencies reviews.
4. Coordination with other reviewing agencies -corrections -and comments to align correction
responses to customer.
5. Recordation of every review cycle and final approval into City's ePlan system.
6. City's ability to review/use Consultant's system for project information and reports for City
assigned work.
H. The Consultant shall be prepared to effectively develop a method to assist the City in providing
ongoing high quality customer service. The Consultant shall assist City staff in managing the
plan review services for all projects and provide recommendations intended to improve
efficiency and cost effectiveness.: Consultant shall regularly and effectively communicate with
City staff and other City consultants, and attend meetings as necessary to improve the progress
of the work. The Consultant shall communicate, cooperate and team with City staff and other
City consultants to improve project coordination. The Consultant shall provide strong emphasis,
understanding, and special attention to the management of high profile projects while
maintaining work quality, meeting schedules, and staying within budget.
L Perform all building and safety inspections required by the City;
1. Provide accurate daily inspection sheets and note all discrepancies, cite code violations, and
issue correction or stop -work notices if needed;
2. Perform all inspections in accordance with the City's adopted version of the California
Building Code, California Residential Code, California Fire Code, California Green Building
Code, California Mechanical Code, California Plumbing Code, California Electrical Code,
and the Accessibility, Noise and Energy Conservation requirements as mandated by State
Title 24 and all applicable codes; and
{01539136;1} 2
3. Review permit packages to verify that onsite conditions are consistent with the appropriate
records for square footage, setbacks, heights, and other requirements that may be
applicable.
{01539136;1}
EXHIBIT "B"
COMPENSATION
Position
Plan Check Services-_."
CASp c rtified Personnel
$140.00/ hour
Building Plan Review Engineer
$130.00/ hour
Structural, Electrical &/or Mechanical Engineer
$130.00/ hour
Engineer, Geologist
s165.00/hour
�Geotechnical
Building Plan Reviewer
$120.00/ hour
i
Combination Inspector
M
P ermit Technician
$60.00/ hour
CITY OF DOWNEY
PROFESSIONAL SERVICES AGREEMENT
WITH JAS PACIFIC
PLAN CHECK AND ON-CALL STAFFING SERVIC0.i
1. PARTIES AND DATE.
This Agreement is made and entered into this April day of 24, 2019 by and betwee
the City of Downey, a California municipal corporation and charter city with its rincipa
place of business at 11111 Brookshire Avenue, Downey California 90241 ("City") and JA
Pacific(Corporation) with its principal place of business at 201 North Euclid Ave, Suite A 11
Upland, California 91786 ("Consultant"). City and Consultant are sometimes individually
referred to as "Party" and collectively as "Parties."
Consultant desires to perform and assume responsibility for the prov s on o p an
check and on-call staffing services required by City on the terms and conditions set forth in
this Agreement. Consultant represents that it has demonstrated competence and experienc
in providing the plan Check and on-call staffing services to public clients, is licensed in the
State of California, and e pl
is familiar with thans of City. I
City desires to engage Consultant to render such services for the plan check and on-
call staffing services as set forth in this Agreement.
3. TERMS.
3.1 Scope of Services and erm.
3,1.1 GeAbral SCOpe oonsultant promises and agrees to furnish
to City all labor, materials, tools, equipment ' services, and incidental and customary work
necessary to fully and adequately supply the professional plan check and on-call staffing
services necessary for the Project ("Services"). The Services are more particularly described
in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be
subject to, and performed in accordance with, this Agreement, the exhibits attac e ere o
and incorporated herein by reference, and all applicable local, state and federal laws, rules
and regulations.
3.1.2 Term. The term of this Agreement shall be from April 24, 2019 to June 30,
2020 unless earlier terminated as provided herein, with five (5) optional annual one-year perio
of ext-nsion, for a total contract term of up to six and half (6.5) years. The City does not imply that the
contract, as written, or the resulting contract for services will be extended. Consultant shall
employee who fails or refuses to perform the Services in a manner consistent with the
standard of care set forth herein, shall be promptly removed from the Project by the
Consultant and shall not be re-employed to perform any of the Services or to work on the
Project.
3.2.9 Laws and RegIllations. Consultant shall keep itself fully informed of and
in compliance with all applicable local, state and federal laws, rules and regulations in force at
the time the Services are performed by Consultant and in any manner affecting the
performance of the Project or the Services, including all applicable Cal/OSHA requirements,
and shall give all notices required by law. Consultant shall be liable for all violations of such
laws and regulations in connection with Services. If the Consultant performs any work
knowing it to be contrary to such laws, rules and regulations and without giving written notice
to the City, Consultant shall be solely responsible for all costs arising therefrom. Consultant
shall defend, indemnify and hold City, its officials, directors, officers, employees and agents
free and harmless, pursuant to the applicable indemnification provisions of this Agreement,
from any claim or liability arising out of any failure or alleged failure to comply with such laws,
rules or regulations. Consultant's violation of such laws, rules and regulations shall also
constitute a material breach of this Agreement.
3.2.10 Insurance.
3.2.10.1 Time for Compliance. Consultant shall not commence the
Services or the Project under this Agreement until it has provided evidence satisfactory to the
City that it has secured all insurance required under this section. In addition, Consultant shall
not allow any subcontractor to commence work on any subcontract until it has provided
evidence satisfactory to the City that the subcontractor has secured all insurance required
under this section. The City reserves the right to modify these requirements, including limits,
based on the nature of the risk, prior experience with insurer, coverage or other special
circumstances.
3.2.10.2 Minimum Requirements. Consultant shall, at its expense,
procure and maintain for the duration of the Agreement insurance against claims for injuries
to persons or damages to property which may arise from or in connection with the
performance of the Agreement, the Services or the Project by the Consultant, its agents,
representatives, employees or subcontractors. Consultant shall also require all of its
subcontractors to procure and maintain the same insurance for the duration of the
Agreement. Such insurance shall meet at least the following minimum levels of coverage:
(A) Minimum Scope of Insurance. (1) Commercial General
Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence"
basis including products and completed operations, property damage, bodily injury and
personal and advertising injury; (2) Automobile Liability: Insurance Services Office Form
Number CA 0001 covering Code 1 (any auto) or if Consultant owns no autos, Code 8 (hired)
and 9 (non -owned); and (3) Workers' Compensation: Workers' Compensation insurance as
4
required by the State of California with Statutory Limits; and (4) Employer's Liability
Insurance.
(B) Minimum Limits of Insurance. Consultant shall maintain
limits no less than: (1) Commercial General Liability (CGL): No less than $2,000,000 per
occurrence for products and completed operations, bodily injury, property damage and
personal and advertising injury. If Commercial General Liability Insurance or other form with
general aggregate limit applies, either the general aggregate limit shall apply separately to
this Agreement/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be
twice the required occurrence limit; (2) Automobile Liability: No less than $2,000,000 per
accident for bodily injury and property damage; and (3) Workers' Compensation: Workers'
Compensation limits as required by the Labor Code of the State of California with Statutory
Limits; (4) Employer's Liability: Employer's Liability limits of no less than $2,000,000 per
accident for bodily injury or disease. Employer's Liability coverage maybe waived by the City
if City receives written verification that Consultant has no employees.
If the Consultant maintains broader coverage and/or higher limits than the minimum shown in
this subdivision 3.2.10.2, the City requires and shall be entitled tothe broader coverage
and/or the higher limits maintained by the Consultant. Any available insurance proceeds in
excess of the specified minimum limits of insurance and coverage shall be available to the
City,
3.2.10.3 Professional Liabilit Errors & Omissions Consultant
shall procure and maintain, and require its sub -consultants to procure and maintain, for a
period of five (5) years following completion of the Services or the Project, errors and
omissions liability insurance appropriate to its profession. Such insurance shall be in an
amount not less than $2,000,000 per occurrence or claim and $2;000,000 in the aggregate,
and shall be endorsed to include contractual liability. if the Consultant maintains broader
coverage and/or higher limits than the minimum shown in this subdivision 3.2.10.3, the City
requires and shall be entitled to the broader coverage and/or higher limits maintained by the
Consultant. Any available insurance proceeds in excess of the specified minimum limits of
insurance and coverage shall be available to the City.
3.2.10.4 Insurance_ Endorsements. The insurance policies shall
contain the following provisions, or Consultant shall provide endorsements on forms
approved by the City to add the following provisions to the insurance policies:
(A) Additional_ Insured Status. The Commercial General
Liability policy shall be endorsed to state that: (1) the City, its directors, officials, officers,
employees, agents and volunteers shall be covered as additional insureds with respect to
liability arising from the work, Services, Project or operations performed by or on behalf of the
Consultant, including materials, parts or equipment furnished in connection with such work,
Services. Project or operations; and (2) the insurance coverage shall be primary insurance as
respects the City, its directors, officials, officers, employees, agents and volunteers, or if
excess, shall stand in an unbroken chain of coverage excess of the Consultant's scheduled
underlying coverage. Commercial General Liability insurance coverage may be provided in
the form of an endorsement to the Consultant's insurance (at lease as broad as ISO Form
5
CG 20 # 11 85 or both CG 20 10, CG 20 26, CG 20 33 or CG 20 . • CG 20 37 forms
revisionslater are •
• • A onsultant herebygrants to City a
Waiverof any rightto subrogationinsurer• said Consultant may acquireagainst
the City by virtue of the payment of any loss under said insurance policies set forth herein.
Consultantagrees • obtain endorsement that may •- necessary to affect this waiver
of
subrogation, • provision ap• - - • . i - of whetheror notthe City has received
waiver•: subrogation endorsement fr•: the insurer.
(C) AlLq�qS. Each insurance policy required by this
Agreement shall •- endorsed - t coverage • I•- suspended, voided,
reduced or canceled except -n notice by certified mail, return receipt-• - e to
the City; • - to comply with reporting or other provisions of ••
including breaches of warranties, shall not affect coverage provided to the City, its directors,
officials, officers, employees, agents and volunteers.
32%5 PrjrrjaEy��� For any claims related to this
Agreement, •coverage•' primary insurance and primary
coverage at least as broad as ISO CG 20 01 04 13 with respect to the City, its directors,
officials, officers, employees, agents and volunteers, Any insurance or self-insurance
maintained •theCity, itsdirectors, officials,officers, employees, - •volunteers
•- excess of -Consultant's-andshall notbecalledupon tocontribute
MWAMW
3210.6 -•. i, of Insureds. No r)ecia imita •
insurance required by this Section shall contain standard separation of insureds provisions.
In addition, such insurance shall not contain any special limitations on the scope of protection
zffi'i-• to the City, its directors officials, officers, employees, •- i volunteers.
{ Deductibles an
-i • - • SotHnsuragge Retentions.
namedieductibles or self-insured retentions must be declared to and approved by the City. City may
require Consultant to provide proof of ability to pay losses and related investigations, claim
administration and defense expenses and costs within the retention. The policy language
shall provide or be endorsed to provide that the self-insured retention may be satisfied by
either the insured is
California,3.2.10.8 MbegabilitV of Iftum. insurance is to be placed With
insurers with a current A.K Best's rating no less than A:VII, authorized to do business in
i' satisfactory to the
3.2.1 O�9 \/6rffid"on of CoveMe. Consultant shall furnish City with
original certificates of insurance, including all required amendatory endorsements (or copies
of the applicable policy language effective coverage required by this provision) and a copy of
the Declarations and Endorsement Page of the Commercial General Liability policy listing all
policy endorsements t• the City before • - - of work•' t • -'
However, failure to obtain the required documents prior to the commencement of work under
this Agreement shall not waive the Consultant's obligation to provide them to the City. The
City reserves the right to require complete, certified copies of all required insurance policies,
including endorsements, at any time.
3210.10 Claims�IV16& Potidi&a, If any of the policies provide
coverage on a claims -ma e asis:
(A) The retroactive date must be shown and must be before the date of th
Agreement or the date work commences under this Agreement, whichever is earliest;
(B) Insurance must be maintained and evidence of insurance must be
provided for at least five (5) years after completion of the Services provided under this
Agreement;
(C) If coverage is canceled, non-rehewed, and not replaced with another
claims made policy form with a retroactive date prior to the effective date of this Agreemen
or the date work commences under this Agreement, whichever is earliest, the Consultant I
must purchase extended reporting coverage for a minimum of five (5) years after completi
of the Services under this Agreement.
3.2A 1 Safety. Consultant shall execute and maintain its work so as to avoid
injury or damage to any person or property. In carrying out its Services, the Consultant shall
at all times be in compliance with all applicable local, state and federal laws, rules and
regulations, and shall exercise all necessary precautions for the safety of employees
appropriate to the nature of the work and the conditions under which the work is to be
performed. Safety precautions as applicable shall include, but shall not be limited to: (A)
adequate life protection and life-saving equipment and procedures; (B) instructions in
accident prevention for all employees and subcontractors, such as safe walkways, scaffolds,
fall protection ladders, bridges, gang planks, confined space procedures, trenching and
shoring, equipment and other safety devices, equipment and wearing apparel as are
necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for
the proper inspection and maintenance of all safety measure&
3.3.1 ComiDensaltion. Consultant shall receive compensation, including
authorized reimbursements, for all Services rendered under this Agreement at the rates set
forth in Exhibit "B" attached hereto and incorporated herein by reference. Extra Work may
be authorized, as described belowi and if authorized, said Extra Work will be compensated at
the rates and manner set forth in this Agreement.
3.3.2 PPYM6nt6f Compeosation. Consultant shall submit to City a monthly
itemized statement which indicates work completed and hours of Services rendered by
Consultant. The statement shall describe the amount of Services and supplies provided
since the initial commencement date, or since the start of the subsequent billing periods; as
appropriate, through the date of the statement. City shall, within thirty (30) days of receiving
such statement, review the statement and pay all approved charges thereon.
7
3.3.3 Rgimbgrsenri6htj6rE��. Consultant shall not be reimbursed for
any expenses unless authorized in • • City.
3.3.4 figt4��. At any time during the term of this Agreement, City may
request that Consultant perform Extra Work. As used herein, "Extra Work" means any wo
which is determined by • to • necessary • the proper completion • the Project, I•
which the parties did not reasonably anticipate would be necessary at the execution of this
Agreement. Consultant shall not perform, nor be compensated for, Extra Work without
written authorization from the City Manager. I
T."
3.4.1 Maintenance and Inspecti Consultant shall maintain complete and
accurate records with respect to all • and expenses -• •- this Agreement. All
such records shall •: clearly identifiable. Consultant shall allow a representative • City
during normal business • to examine, audit, and make transcripts • copies • such
records and any other documents created pursuant to this Agreement. Consultant shall allow
inspection of all work, data, documents, proceedings, and activities related to the Agreement
for a period of three (3) years from the date of final payment under this Agreement.
3.5.1.1 Grounds for Tbahihalibri. City may, by written notice to
I Mil, terminate the whole or ariffl-cart of this A,,treement a an time either for cause
for the City's convenience and without cause by giving written notice to Consultant of such
termination, and specifying the effective date thereof, at least seven (7) days before the
effective date of such termination. Consultant may only terminate this Agreement for caus
upon giving the City not less than seven (7) calendar days'written notice.
i• termination, Consultant shall •:_ compensated only • • services Which
have been adequately rendered '• City, and • shall •' '• to no further
compensation. The City shall within fifteen (15) calendar days following termination pay the
• • all services adequately rendered and all reimbursable • incurred i•
Consultant up to the date of termination, in accordance with the payment provisions of this
Agreement.
The following reasons shall constitute "cause" for which either party may terminate this
Agreement as provided herein:
Substantial failure by the other party to perform in accordance with the terms of
this Agreement and through no fault of the terminating party;
RMC ME el i Lei Avivi d it ON 9 1
Suspension of the Project or the Consultant's Services by the City for more than
ninety (9 0) calendar days, consecutive or in the aggregate, without good cause;
RAR i 1 0 -- I W a 11 101114W,
into, thebc-6`pe-6`t-&e-rv1ces or ine nature 0FrOject, ana Ine 181111're U1 Me
parties to reach agreement on the compensation and schedule adjustments
necessitated by such changes.
151.2 Effect of Termination. if this Agreement is terminated as
provided herein, City may require Consultant to provide all finished or unfinished Documents
and Data and other information of any kind prepared by Consultant in connection with the
performance of Services under this Agreement. Consultant shall be required to provide such
Documents and Data and other information within fifteen (15) days of the City's request�
3.5.1.3 Additional S&M66 . In the event this Agreement is
terminated in whole or in part as provided herein, City may procure, upon such terms and in
such manner as it may determine appropriate, services similar to those terminated.
3.5.2 Delive: bf Notices. All notices permitted or required under this
Agreement shall be given to the respective parties at the following address, or at such other
address as the respective parties may provide in writing for this purpose:
W-TJTTn=
MO
JAS Pacific
201 North Euclid Avenue -
• . •
plandCalifornia 91786
Phone: (909) 605-7777
Fax: (909) 605-0319
Aftn: Stuart Tom, President
City of Down-
•• -
ookshire Avenue
Downey, California 90241
Phone: (562) 904-7286
Fax: (562) 923-6388
Aftn: City Manager
mnlzr.�
City Attorney's Office
11111 Brookshire Avenue
Downey, California 90241
Such notice shall be deemed made when personally delivered or when mailed, forty
eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed t
- party at its applicable address.Actual notice shall be deemed adeq- notice on the
date actual notice occurred, regardless of the method of service. I
3.5.3.1 Documents &Data' Licensina of Intellectual Pro erk , This
Agreement creates a non-exclusive and perpetual license for City to copy, use, modify,
reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied
in plans, specifications, studies, drawings, estimates, and other documents or works of
authorship fixed in any tangible medium of expression, including but not limited to, physical
drawings or data magnetically or otherwise recorded on computer diskettes, which are
prepared or caused to be prepared by Consultant under this Agreement ("Documents &
Data"). Consultant shall require all subcontractors to agree in writing that City is granted a
non-exclusive and perpetual license for any Documents & Data the subcontractor prepares
under this Agreement. Consultant represents and warrants that Consultant has the legal
right to license any and all Documents & Data. Consultant makes no such representation
and warranty in regard to Documents & Data which were prepared by design professionals
other than Consultant or provided to Consultant by the City. City shall not be limited in any
way in its use of the Documents and Data at any time, provided that any such use not within
the purposes intended by this Agreement shall be at City's sole risk.
3.5.3.2 Confidentialitt . All ideas, memoranda;_ specifications,
plans, procedures, drawings, descriptions, computer program data, input record data, written
information, and other Documents and Data either created by or provided to Consultant in
connection with the performance of this Agreement shall be held confidential by Consultant.
Such materials shall not, without the prior written consent of City, be used by Consultant for
any purposes other than the performance of the Services. Nor shall such materials be
disclosed to any person or entity not connected with the performance of the Services or the
Project. Nothing furnished to Consultant which is otherwise known to Consultant or is
generally known, or has become known, to the related industry shall be deemed confidential.
Consultant shall not use City's name or insignia, photographs of the Project, or any publicity
pertaining to the Services or the Project in any magazine, trade paper, newspaper, television
or radio production or other similar medium without the prior written consent of City.
15.4 Cooperati•Ln, Further Acts.- Parties shall fully cooperateone
2no
-
• - and shall take any additional acts or sign any additionaldocuments . b
necessary, appropriate or convenient to attain the purposes of this Agreement.
10
oil 0
insurance in accordance with the provisions of that Code, and agrees to comply with such
;Provisions before commencing the performance of the Services.
3.5.21 AUthorttv to Enter Acireement. Consultant has all requisite power and
L
2uthority to conduct its business and to execute, deliver, and perform the Agreement. EactL
Party warrants that the individuals who have signed this Agreement have the legal power,
right, and authority to make this Agreement and bind each respective Party.
3.5.22 Counterparts. This Agreement may be executed in counterparts, each 0
which shall constitute one and the same instrument. I
In the event of any conflict, inconsistency, or incongruity between any provision of this
Agreement, any of its exhibits, attachments, purchase order, or notice to proceed, the
provisions of this Agreement will govern and control.
3.6.1 Pfldt&ifbVai RggWred- Consultant shall not subcontract any portion of
the work required by this Agreement, except as expressly stated herein, without prior written
approval of City. Consultant shall require and verify that all subcontractors maintain
insurance meeting all of the requirements set forth in this Agreement. Consultant shall ensure
that City is an additional insured as required in Section 3.2.10.4. Subcontracts, if any, shall
contain a provision making them subject to all provisions stipulated in this Agreement.
CITY OF DOWNEY,
and charter city
By:
Mayor
City Clerk
F
diff
Lfl
AF
City Attorney
By:
Stuart resident
Secretary
Legal Counsel
14
EXHIBIT "A"
Andf,%F.Li�
A. The services to be provided by the selected consultant(s) (or "Consultant") may include, but are
not limited to, the following:
1. Building Plan Review Services
Review architectural, structural, electrical, mechanical, plumbing, grading, drainage,
accessibility, energy, green building, landscape, fire and life safety submittals, plans, and
reports for compliance with the California Building Standards Codes, the City's Municipal
Code and other applicable Federal, State, and local laws, policies, ordinances, and
regulations. Consultant shall perform site visits as required by the City to verify existing
conditions and better coordinate plan review services. Provide onsite plan checker to
review over the counter plans and revisions Monday -Friday 7:30-10:30 am; bilingual
(Spanish/English) plan checker is highly desirable.
2. As Needed Inspection Services'
Inspect architectural, structural, electrical, mechanical, plumbing, grading, drainage,
accessibility, energy, green building, landscape, fire and life safety submittals, plans, and
reports for compliance with the California Building Standards Codes, the City's Municipal
Code and other applicable Federal, State, and local laws, policies, ordinances, and
regulations.
B. All plan review services shall be performed by International Code Council (ICC), or similarly
certified plans examiners and/or licensed professional engineers (State of California), with
extensive experience in plan review. All staff utilized by Consultant shall be appropriately
licensed, registered, and certified as required by the State of California and the City to perform
each of the specific scopes of work.
C. Consultant shall review all plan check applications for accuracy and make all necessary
revisions to such items as description, valuation, square footage, type of construction, and use.
All plan review correction materials including marked up plans, documents, and plan check
correction lists shall be provided in the City desired format to the City representative immediately
upon completion of the plan review at no extra charge to City. This process includes delivery of
a hard copy of the reviewed plan, correction list and a copy e-mailed at no extra cost to the City.
D. Provide plan check status reports, statistical reports,_ and performance and management reports
on a regular basis or upon request of City in the format type requested by the City (paper or
electronic). The information requested may include such information as project name, address,
description, square footage, and type of construction, type of review(s) performed, hour(s)
required per review, reviewer name, reviewer credentials and turnaround time of plan review(s).
E. In order to meet city established standards, the expected turnaround times for plan review are
as follows:
• Two (2) weeks for Tenant Improvements, Single Family Residential and Light Commercial
projects.
• Four (4) weeks for new Multi -family Residential and Large Commercial projects.
• Five (5) working days for resubmitted Residential and Light Commercial projects.
• Fifteen(15) working days for resubmitted Multi -family Residential and Large Commercial
projects.
•`Other timetables available upon written request of the City.
F. Plan reviewers shall be available to work at the City upon request and will be required to access
the City's permitting system to manage and process the assigned work. Plan reviewers shall be
available to applicants and City personnel for meetings upon request.
G. The City encourages electronic plan submittal. Consultant shall provide plan review and scope
of work services through the City's Electronic Review systems, ePlanSoft by Owen Group Inc.,
or through other electronic media (i.e., PDF, email, etc.) as required by the City._ Electronic plan
reviews will be required to be completed utilizing the City's ePlan system. System access and
training will be provided by City to selected consultant in accordance to City policies and
practices. All ePlan records of corrections, approvals, and comments shall be entered in the
City's system in a manner that is in accordance to customer service standards and policies. if a
consultant uses a different electronic plan review process to provide plan review services, an
electronic plan review service proposal shall accompany this proposal and specifically address
the following areas:
1. ePlan file transfers from City to Consultant and Consultant to City.
2. ePlan review real-time status of progress.
3. ePlan corrections (red lines), comments, and clarification transfer to the City for
consolidation with other agencies reviews.
4. Coordination with other reviewing agencies corrections and comments to align correction
responses to customer.
5. Recordation of every review cycle and final approval into City's ePlan system.
6. City's ability to review/use Consultant's system for project information and reports for City
assigned work.
H. The Consultant shall be prepared to effectively develop a method to assist the City in providing
ongoing high quality customer service. The Consultant shall assist City staff in managing the
plan review services for all projects and provide recommendations intended to improve
efficiency and cost effectiveness. Consultant shall regularly and effectively communicate with
City staff and other City consultants, and attend meetings as necessary to improve the progress
of the work. The Consultant shall communicate, cooperate and team with City staff and other
City consultants to improve project coordination. The Consultant shall provide strong emphasis,
understanding, and special attention to the management of high profile projects while
maintaining work quality, meeting schedules, and staying within budget.
1. Perform all building and safety inspections required by the City;
1. Provide accurate daily inspection sheets and note all discrepancies, cite code violations, and
issue correction or stop -work notices if needed;
2. Perform all inspections in accordance with the City's adopted version of the California
Building Code, California Residential Code, California Fire Code, California Green Building
Code, California Mechanical Code, California Plumbing Code, California Electrical Code,
and the Accessibility, Noise and Energy Conservation requirements as mandated by State
Title 24 and all applicable codes; and
3. Review permit packages to verify that onsite conditions are consistent with the
appropriate records for square footage, setbacks, heights, and other requirements that may
be applicable.
2
ExHar "B"
•
JAS Pacific, Inc.
Position
'
Plan Check Services
,,
65%
+ certified Personnel
i fhour
Building Plan Review Engineer
$120.00/ hour
Structural, Electrical &/or Mechanical Engineer
$120.00/ +
y �� • •�,
-$90.00-$100.00/
$120.00/
BuildingReviewer,
+
Buildingur
Plan ''
$90.00
Combination In. •r
$75.00-$95.00
'-
$60.00-$70.00/ +
A. The services to be provided by the selected consultant(s) (or "Consultant") may include,
but are not limited to, the following:
Building Plan Review Services
Review architectural, structural, electrical, mechanical, plumbing, grading, drainage,
accessibility, energy, green building, landscape, fire and life safety submittals, plans,
and reports for compliance with the California Building Standards Codes, the City's
Municipal Code and other applicable Federal, State, and local laws, policies,
ordinances, and regulations. Consultant shall perform site visits as required by the
City to verify existing conditions and better coordinate plan review services. Provide
onsite plan checker to review over the counter plans and revisions Monday -Friday
7:30-10:30 am; bilingual (Spanish/English) plan checker is highly desirable.
2. As Needed Inspection Services:
Inspect architectural, structural, electrical, mechanical, plumbing, grading, drainage,
accessibility, energy, green building, landscape, fire and life safety submittals, plans,
and reports for compliance with the California Building Standards Codes, the City's
Municipal Code and other applicable Federal, State, and local laws, policies,
ordinances, and regulations.
B. All plan review services shall be performed by International Code Council (ICC), or
similarly certified plans examiners and/or licensed professional engineers (State of
California), with extensive experience in plan review. All staff utilized by Consultant shall
be appropriately licensed,- registered, and certified as required by the State of California
and the City to perform each of the specific scopes of work.
C. Consultant shall review all plan check applications for accuracy and make all necessary
revisions to such items as description, valuation, square footage, type of construction, and
use. All plan review correction materials including marked up plans, documents, and plan
check correction lists shall be provided in the City desired format to the City representative
immediately upon completion of the plan review at no extra charge to City. This process
includes delivery of a hard copy of the reviewed plan, correction list and a copy e-mailed at
no extra cost to the City.
D. Provide plan check status reports, statistical reports, and performance and management
reports on a regular basis or upon request of City in the format type requested by the City
(paper or electronic). The information requested may include such information as project
name, address, description, square footage, and type of construction, type of review(s)
performed, hour(s) required per review, reviewer name, reviewer credentials and
turnaround time of plan review(s).
E. In order to meet city established standards, the expected turnaround times for plan
review(s) not completed at city hall are as follows:
• Five (5) working days for resubmitted Residential and Light Commercial projects.
• Two (2) weeks _for Tenant Improvements, Single Family Residential and Light
Commercial projects.
• Fifteen - (15) working days for resubmitted Multi -family Residential and Large
Commercial projects.
• Four (4) weeks for new Multi -family Residential and Large Commercial projects.
• Other timetables available upon written request of the City.
F. Plan reviewers shall be available to work at the City upon request and will be required to
access the City's permitting system to manage and process the assigned work. Plan
reviewers shall be available to applicants and City personnel for meetings upon request.
G. The City encourages electronic plan submittal_ Consultant shall provide plan review and
scope of work services through the City's Electronic Review systems, ePlanSoft by Owen
Group Inc., or through other electronic media (i.e., PDF, email, etc.) as required by the
City. Electronic plan reviewswillbe required to be completed utilizing the City's ePlan
system. System access and training will be provided by City to selected consultant in
accordance to City policies and practices. All ePlan records of corrections, approvals, and
comments shall be entered in the City's system in a manner that is in accordance to
customer service standards and policies. If a consultant uses a different electronic plan
review process to provide plan review services, an electronic plan review service proposal
shall accompany this proposal and specifically address the following areas:
1. ePlan file transfers from City to Consultant and Consultant to City.
2. ePlan review real-time status of progress.
3. ePlan corrections (red lines), comments, and clarification transfer to the City for
consolidation with other agencies reviews.
4. Coordination with other reviewing agencies corrections and comments to align
correction responses to customer.
5. Recordation of every review cycle and final approval into City's ePlansystem.
6. City's ability to review/use Consultant's system for project information and reports for
City assigned work.
H. The Consultant shall be prepared to effectively develop a method to assist the City in
providing ongoing high quality customer service. The Consultant shall assist City staff in
managing the plan review services for all projects and provide recommendations intended
to - improve efficiency and cost effectiveness. Consultant shall _ regularly and effectively
communicate with City staff and other City consultants, and attend meetings as necessary
to improve the progress of the work. The Consultant shall communicate, cooperate and
team with City staff and other City consultants to improve project coordination. The
Consultant shall provide strong emphasis, understanding, and special attention to the
management of high profile projects while maintaining work quality, meeting schedules,
and staying within budget.
1. Perform all building and safety inspections required by the City;
1. Provide accurate daily inspection sheets and note all discrepancies,- cite code
violations, and issue correction or stop -work notices if needed;
2. Perform all inspections in accordance with the City's adopted version of the California
Building Code, California Residential Code, California Fire Code, California Green
Building_ Code, California Mechanical Code, California Plumbing Code, California
Electrical Code, and the Accessibility, Noise and Energy Conservation requirements
as mandated by State Title 24 and all applicable codes; and
3. Review permit packages to verify that onsite conditions are consistent with the
appropriate records for square footage, setbacks, heights, and other requirements that
may be applicable.
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