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Charles Abbott Associates Inc (2011) , 4 . C crt( Cori PROFESSIONAL SERVICES AGREEMENT FOR BUILDING AND SAFETY SERVICES THIS AGREEMENT ("Agreement") is made and entered into this 17th day of May 2011, by and between the City of Rancho Palos Verdes (hereinafter referred to as "City") and Charles Abbott Associates, Inc. (hereinafter referred to as "Consultant"). RECITALS Citywishes to use the professional services of Consultant to provide building and safety consulting services to the City on an as-needed basis; and Consultant has represented that it has a unique and specialized knowledge and understanding of and experience with plan check, permit issuance, inspection and enforcement of the California Building, Electrical, Plumbing and Mechanical Codes, and the California Energy Standards as adopted by the Rancho Palos Verdes Municipal Code and is qualified to perform these services for City. A GREEMEN T IN CONSIDERATION of the foregoing recitals and the covenants hereinafter set forth, the parties hereto mutually agree as follows: ARTICLE I SCOPE OF CONSULTANT'S SERVICES When requested by the City, Consultant shall perform the following services in a professional manner under the direct supervision of the City's Building Official or Director of Community Development: A. Plan Check: Review building and development plans for conformance with the California Building, Electrical, Plumbing and Mechanical Codes (the "Codes"), the California Energy Standards, City ordinances and other requirements as set by City Departments,De artments, as well as arranging for reviews by other responsible agencies, as appropriate. Plan check services may be provided either through g � contractor or by firms previously approved by the City. Unless there are exceptional circumstances, Consultant shall complete first plan check of p residential construction within ten (10) calendar days of receipt of the submittal and subsequent plan checks within five (5) calendar days of receipt of the re- submittal. Consultant shall provide all plan check comments in typed format for all initial and subsequent plan reviews. B. Permit Issuance: Issue building permits when all State law, City ordinances, and other requirements are met. The Director of Community Development or his or a her designee shall establish office hours for the building inspectors to issue permits to optimize service to the public. R6876.0001\1354353v2 Page 1 s C I 1 C. Inspection: Provide field inspections during the course of construction, pursuant to applicable Codes. Inspection shall be made by the next working day following a request made by 4:00 PM on the preceding day. If requested by a permit applicant, building inspectors will provide appointments for field inspections within a specified two-hour time frame on the day of the inspection. D. Building Code Enforcement: Inspect and enforce all violations of the Codes and the California Energy Standards, including substandard conditions. Attend office conferences and appeals to the Board of Appeals or the City Council, pursuant to requests for attendance from the Director of Community Development or his or her designee. Report to the appropriate City Departments all suspected violations of other City ordinances and requirements. E. Coordination: Coordinate procedures with the Building Official and the Director of Community Development and provide appropriate information to the public. F. Working Relationships: Establish working relationships and coordinate with other appropriate ro riate public agencies and private utilities. G. Meetings: Attend meetings with City staff, City officials, developers, contractors, and the eneral public, as required by the Director of Community Development or g his or her designee. H. Records: Maintain all original Building and Safety records and files at City Hall. I. Fee Collection: Calculate and identify all necessary fees for building permits, plan check and other related services for collection by the City. Assist in coordination of requirements for contractor City business licenses. J. Reporting: Keep daily logs of all plan check and inspection activities. Submit to the Director of Community Development monthly itemized reports and an annual itemized report of all service activities. Submit reports to other agencies, as required by law or by the City. Coordinate the content and format of any reports with the Building Official and the Director of Community Development. K. Training & Certification: Provide periodic technical training to keep Consultant's staff up-to-date on the latest codes and building techniques. Provide to, and receive from, the Community Development Department's staff appropriate training to coordinate the functions of that Department and the Consultant. Plan review and inspection staff shall have obtained and must maintain current ICC certifications. Consultant shall also employ a certified CAS'p disabled access specialist pursuant to the requirements of S.B. 1608. L. Availability to the Public: The Consultant understands that building and safety personnel must be available to provide information about the status of active permits and to answer general questions from the public at the counter or over R6876.000111354353v2 Page 2 , r c thetelephoneduringCity Hall business hours when requested to do so lyy City staff. Suchp ublic availability shall be provided by either the City or Consultant's personnel using schedules established by the City's Building Official that optimize service to the public and are consistent with this Agreement. M. Investigations: Conduct investigations pursuant to an approved purchase order from the City, including field and office research and any follow-up work, such as ty the preparation of letters and documents. These investigations may also include inspections, research, code enforcement, and so forth, which are not billable to a permit. N. Special Studies: Consultant shall perform special building and safety studies or other work pursuant to an approved purchase order from the City. 0. Labeling: Consultant shall allocated all costs to the appropriate trust deposit, plan check number or other special fund. Consultant shall indicate on all records and documents the tract, lot or parcel number, address or other designation to identify the project site to which the costs pertain. P. Vehicles: Provide all vehicles necessary to properly perform the services and duties required under this Agreement. Q. Certified Personnel: Consultant's employees must be ICC certified and state licensed P.E. p lan check engineer(s) and ICC certified building inspector(s). R. Permits: When determined appropriate to do so by the Director of Community Development, the scope of Consultant's services shall include the issuance of p � construction-related permits in the City's public rights-of-way. The type of permits to be issued will be determined by the Director of Community Development and will include, but not be limited to, curb cut permits for new or relocated driveway aprons and temporary dumpster permits in the street. ARTICLE II PERFORMANCE OF SERVICES Consultant shallp erform all services and duties pursuant to this Agreement in a timely manner, at the direction of the Director of Community Development or the Directors' designee. All directives, instructions, or other communications between City and Consultant shall be through only the Director of Community Development or the Directors' designee. Time is of the essence in this Agreement. ARTICLE III TERM This Agreement shall commence on July 1, 2011, and shall terminate on June g 30, 2013, unless sooner terminated pursuant to Article X of this Agreement. R6876.000111354353v2 Page 3 s • r a ARTICLE IV COMPENSATION FOR SERVICES For the services described in Article I, the City shall pay Consultant in accordance with Consultant's schedule of hourly rates attached hereto as Exhibit "A" and incorporated herein by reference. The rates in Exhibit "A" shall be in effect through the end of this Agreement. City may request in writing that Consultant perform additional services not covered by the specific scope of work set forth in this Agreement, and Consultant shall perform such services. City shall pay Consultant for such additional services in accordance with the rates in Exhibit "A," unless otherwise agreed upon in writing by both parties. Consultant shall submit to City, by not later than the tenth (1 0th) day of each month, its bill for services rendered and costs incurred during the previous month. Each bill shall include a breakdown of the Structural and Architectural Plan Check, Inspection services and Drainage Engineering Services costs, which shall specificaiy indicate the project case number, project address, number of hours worked on the project, and total fee billed towards the work completed on such project. If Consultant's bill is properly prepared and received by City by not later than the tenth (10th) day of the month, City shall pay Consultant all uncontested amounts set forth in Consultant's bill by not later than thirty (30) days from the date that the bill was received. All payments due Consultant shall be paid to: Charles Abbott Associates, Inc. 27401 Los Altos Suite 220 Mission Viejo, CA 92691 In the event City fails to pay any properly prepared and timely received undisputed invoice amount due to Consultant within forty-five (45) days after City receives the invoice, then City agrees to pay Consultant an additional two percent (2%) of the fees collected. In the event City fails to pay any properly prepared and timely received undisputed invoice amount due Consultant within sixty (60) days after invoices are received by City, then City agrees that Consultant shall have the right to consider said default a breach of this Agreement and Consultant may terminate the Agreement without liability upon ten (10) working days advance written notice to City. Additionally, Consultant may charge interest at the rate of one percent (1%) per month on any properly prepared and timely received undisputed invoice amount that the City has not paid within sixty (60) days. City agrees to use its best efforts to notify Consultant of any disputed invoice amounts within ten (10) days of the receipt of each invoice. However, City's failure to timely notify Consultant of a disputed amount shall not be deemed a waiver of City's right to challenge such amount. R6876.000111354353v2 Page 4 ARTICLE V PERSONNEL Consultant shallp rovide all personnel necessary to properly perform the services and duties required under this Agreement and shall at all times direct such personnel in theerformance of such services and duties to be performed for the City. Allan Rigg p this shall be principally responsible for Consultant's obligations and performance under p p Y Agreement and shall serve as the principal liaison between City and Consultant. g Consultant shall not designate representatives other than Allan Rigg without the prior written consent of the Director of Community Development. All staff changes recommended byConsultant shall be requested a minimum of thirty (30) days in advance of the proposed change. At all times Consultant shall be responsible for its representatives and employees' services. Consultant shall notifyCityin writing of its recommendation of the retention of any supplemental subconsultants and the need therefor. City shall have the exclusive authority to determine whether such subconsultants shall be retained pursuant to Consultant's recommendation and shall have the ability to pre-approve all subconsultants. At all times Consultant shall be responsible for its subconsultants' services. ARTICLE VI DUTIES OF CITY Cityshallprovide or make available to Consultant, without charge or expense, all • information, data, files, documents, studies, records, maps, reports, plans, equipment, or other material in its possession necessary for carrying out the computer programs services and duties contemplated under this Agreement ("City Products"). ARTICLE VII OWNERSHIP OF DOCUMENTS agree that all documents, plans, specifications, files, reports, City and Consultant p information, data, exhibits, photographs, images, video files and media prepared by, in p g response to, or as a result of, in whole or in part, the performance of this Agreement ("Written Products") shall be the sole property of City without restriction or limitation use, upon duplication or dissemination by the City. Written Products are to remain p p confidential and are not to be released or otherwise made available to any third party without express prior written approval of City. Consultant shall deliver copies of any p Written Products or City Products to the City upon demand without additional cost or expense to the City. During the term of this Agreement, Consultant may retain one copy of each City Product for its records. No Written Products or City Products shall be the subject of an application for copyright ri ht byor on the behalf of Consultant. Consultant hereby assigns to the City all R6876.000111354353V2 Page 5 - • t 1 _ i • ownership and any and all intellectual property rights to the Written Products that are not otherwise vested in the City pursuant to this Article. Upon termination, abandonment or suspension of the project, Consultant shall deliver to the City all Written Products, City Products, and other deliverables related to the project without additional cost or expense to the City. If Consultant prepares a document on a computer, Consultant shall provide the City with said document both in a printed format and in an electronic format that is acceptable to the City. ARTICLE VIII CONFLICT OF INTEREST Consultant agrees not to accept any employment or representation during the term of this Agreement which is or may likely make Contractor "financially interested" (as provided in California Government Code Sections 1090 and 87100) in any decision made by City on any matter in connection with which Consultant has been retained pursuant to this Agreement. Consultant also warrants that it is not, at the time this Agreement is entered into, engaged in any employment or representation which will or may likely make Consultant "financially interested" in any decision made by City on any matter in connection with which Consultant has been retained pursuant to this Agreement. ARTICLE IX INDEMNIFICATION AND INSURANCE A. Indemnification. Consultant shall defend, indemnify, and hold the City, its officials, officers, employees, agents and independent contractors serving in the role of City officials, and volunteers (collectively "Indemnitees") free and harmless from any and all claims, demands, causes of action, costs, expenses, liabilities, losses, damages or injuries, in law or equity, to property or persons, including wrongful death (collectively "Claims"), in any manner arising out of or incident to any acts or omissions of Consultant, its officials, officers, employees or agents in connection with the performance of this Agreement, including without limitation the payment of all consequential damages, attorneys' fees, and other related costs and expenses, except for such Claims arising out of the sole negligence or willful misconduct of the Indemnitees. With respect to any and all such Claims, Consultant shall defend Indemnitees at Consultant's own cost, expense, and risk and shall pay and satisfy any judgment, award, or decree that may be rendered against Indemnitees. Consultant shall reimburse Indemnitees 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 Consultant or Indemnitees. All duties of Consultant under Article IX(A) shall survive termination of this Agreement. R6876.000111354353v2 Page 6 I 1 . •I t 1 • •I • 1 r B. General Liability. Consultant shall at all times during the term of the Agreement carry, maintain, and keep in full force and effect a policy or poi...ies of Comprehensive General Liability Insurance with a minimum limit of one million p dollars ($1,000,000.00) for each occurrence and in the aggregate for any personal injury, death, loss or property damage for any and all activities undertaken by Consultant in the performance of this Agreement. Said policy or policies shall be issued by an insurer admitted in the State of California and rated in Best's Insurance Guide with a rating A:VII or better. C. Professional Liability. Consultant shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect a policy or policies of professional liability insurance with a minimum limit of two million dollars ($2,000,000.00) claim and in the aggregate for errors and omissions of Consultant in the performance of this Agreement. Said policy or policies shall be issued by an insurer admitted in the State of California and rated in Best's Insurance Guide with a rating of A:VII or better. D. Automobile Liability. Consultant shall at all times during the term of this Agreement rt car , maintain, and keep in full force and effect a policy or policies of automobile liability insurance with a minimum limit of one million dollars ($1,000,000.00) accident for bodily injury, death and property damage. Said policy or policies olicies shall be issued by an insurer admitted in the State of California and rated in Best's Insurance Guide with a rating of A:VII or better. E. Worker's Compensation. Consultant agrees to maintain in force at all times p during the performance of work under this Agreement worker's compensation insurance as required by the law. Consultant shall require any subconsultant similarly to provide such compensation insurance for their respective employees. F. Notice of Cancellation. i. All insurancep olicies shall provide that the insurance coverage shall not be canceled by the insurance carrier without thirty (30) days prior written notice to City or ten (10) days notice if cancellation is due to nonpayment ofp remium. Consultant agrees that it will not cancel or reduce said insurance coverage. ii. Consultant agrees that if it does not keep the aforesaid insurance in full force and effect, City may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, City may take out the necessary insurance and pay, at Consultant's expense, the premium thereon. G. Certificate of Insurance. At all times during the term of this Agreement, Consultant shall maintain on file with the City Clerk certificates of insurance showing that the aforesaid policies are in effect in the required amounts. The R6876.0001\1354353v2 Page 7 , } comprehensive general liability policy or policies and any professional liability insurance policy shall contain an endorsement naming the City as an additional insured. H. Primary Coverage. The insurance provided by Consultant shall be primary to any coverage available to City in relation to the services provided under this Agreement. The insurance policies (other than worker's compensation and professional liability) shall include provisions for waiver of subrogation. ARTICLE X TERMINATION This Agreement may be terminated at any time, with or without cause, by either party upon sixty (60) days prior written notice. Notice shall be deemed served if completed in compliance with Article Xl(K). In the event of termination or cancellation of the Agreement by Consultant or City due to no fault or failure of performance by Consultant, City shall pay compensation for all services performed by Consultant in an amount to be determined as follows: for work done in accordance with all of the terms and provisions of this Agreement, Consultant shall be paid an amount equal to the amount of hours performed prior to the effective date of termination or cancellation in accordance with the fees listed in Exhibit "A." In the event of such termination, Consultant shall return to City at City's option all finished or unfinished Written Products and City Products in Consultant's possession. ARTICLE XI GENERAL PROVISIONS A. Fair Employment Practices/Equal Opportunity Acts. In the performance of this Agreement, Consultant shall comply with all applicable provisions of the California Fair Employment Practices Act (California Government Code Sections 12940-48), the applicable equal employment provisions of the Civil Rights Act of 1964 (42 U.S.C. 200e-217), and the Americans with Disabilities Act of 1992 (42 U.S.C. § 11200, et seq.). B. Non-discrimination. Consultant shall not discriminate as to race, creed, religion, sex, gender, sexual orientation, color, national origin, physical or mental disability, or any other status protected by federal, state or local laws in the performance of its services and duties pursuant to this Agreement. C. Legal Action. i. Should either party to this Agreement bring legal action against the other, the validity, interpretation and performance of this Agreement shall be controlled by and construed under the laws of the State of California, R6876.0001\1354353v2 Page 8 . 1 • e 1 excludingCalifornia's choice of law rules. Venue for any such action relating to this Age-dment shall be in the Los Angeles County Superior Court. ii. If any legal al action or other proceeding, including action for declaratory relief, brought brow ht for the enforcement of this Agreement or because of an alleged dispute, breach, default or misrepresentation in connection with 9 p this Agreement, the prevailing party shall be entitled to recover reasonable g attorneys' fees, experts' fees, and other costs, in addition to any other relief to which the party may be entitled. iii. Should any legal al action about a project between City and a party other than Consultant require the testimony of Consultant when there is no allegation that Consultant was negligent, City shall compensate Consultant for its testimony and preparation to testify at reasonable hourly rates. D. pp Compliance with Applicable Law. Consultant and City shall comply with all p app licab laws, ordinances and codes of the federal, state and local governments. E. Assignment. Agreement This A reement and all parts of it shall not be assignable by either a without theprior written consent of the other party. Any such purported party assignment without written consent shall be null and void, and the assigning partyshall hold harmless, defend and indemnify the other party and its officers, officials, employees, agents and representatives with respect to any claim, demand or action arising from any unauthorized assignment. p F. Independent Consultant. Consultant is and shall at all times remain, as to the City, a whollyindependent contractor. Neither the City nor any of its agents shall p have control over the conduct of Consultant or any of the Consultant's employees, exce t as provided in this Agreement. Consultant shall have no except power to incur anydebt, obligation, or liability on behalf of the City or otherwise act on behalf of the City as an agent. Consultant shall not, at any time or in any manner, represent that it or any of its agents, servants or employees, are in any manner agents, servants or employees of City. Consultant agrees to pay all required taxes on amounts paid to Consultant under this Agreement, and to indemnifyand hold the City harmless from any and all taxes, assessments, penalties, independent and interest asserted against the City by reason of the contractor relationshipcreated by this Agreement. Consultant shall fully comply with the workers' compensation law regarding Consultant and its employees. Consultant further agrees to indemnify and hold the City harmless from any failure of Consultant to comply with applicable workers' compensation laws. The City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to the City from Consultant as R6876.0001\1354353v2 Page 9 , a result of its failure to promptly pay to the City any reimbursement or indemnification arising under this Article Xl(F). G. Titles. The titles used in this Agreement are for general reference only and are not part of this Agreement. H. Entire Agreement. This Agreement represents the entire and integrated Agreement between City and Consultant and supersedes all prior negotiations, g representations or agreements, written or oral. This Agreement may be modified or any provision or breach thereof waived only by a subsequent written agreement signed by both parties. In the event of any conflict between the g provisions of this Agreement and Exhibit "A," the provisions of this Agreement shall prevail. I. Legal Construction i. This Agreement shall be construed without regard to the identity of the persons who drafted its various provisions. Each and every provision of this Agreement shall be construed as though each of the parties participated equally in the drafting of same, and any rule of construction that a document is to be construed against the drafting party shall not be applicable to this Agreement. ii. Whenever in this Agreement the context may so require, each gender shall be deemed to refer to and include any other gender and the singular shall refer to and include the plural. iii. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by the City of any payment to Consultant constitute or be construed as a waiver by the City of any breach of covenant or any default which may then exist on the part of Consultant, and the making of any such payment by the City shall in no way impair or prejudice any right or remedy available to the City with regard to such breach or default. J. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. K. Notices. Any notice or documents required shall not be effective unless it is given in writing and delivered in person or by certified mail, postage prepaid, and addressed to the parties at the addresses stated below, or at such other address as either party may hereafter notify the other in writing as aforementioned: Consultant: R6876.0001\1354353v2 Page 10 Charles Abbott Associates, Inc. 27401 Los Altos Suite 220 Mission Viejo, CA 92691 The City: Director of Community Development City of Rancho Palos Verdes 30940 Hawthorne Boulevard Rancho Palos Verdes, California 90275 Any pachange its address by giving written notice to the other party. may anynotice or other communication shall be addressed or transmitted to the Thereafter, new address. If sent bymail, any notice or documents shall be deemed effective three (3) business days after it has been deposited in the United States mail. For the purposes of communicatingtime frames, weekends and federal, state, County of Los Angeles or City holidays shall be excluded. IN WITNESS WHEREOF, the City and Consultant have executed this Agreement by and through the signatures of their duly authorized representatives, as of the date set g forth above. Dated: � ') . CHAR ES ABB T ASSOCIATES, INC. '� By: Signature er Title By: Signature Title Dated: THE C OF 4 CHO PAL'S VERDES By: air T"'or ATTEST: 4.40teezz APPROVED AS TO FORM: By: City Clerk City Attorney R6876.0001\1354353x2 Page 1 1 , EXHIBIT "A" CONSULTANT'S SCHEDULE OF HOURLY RATES (See Attached Proposal Letter from CAA and "Standard Hourly Rate Schedule Effective July 1, 2009") p R6876.0001\1354353x2 Page 12 1 / • j A PR(.wf:sslo\,1(_Bt:tL..(}!!(:c S‘(:l;'i Yit.NGINEF,Rl\(;f1tiF R 1s l R(t'i I ItI:MANACEMEN1 February 16, 2011 { Mr. Joel Rojas Mr. Paul Christman Cityof Rancho Palos Verdes-� 30940 Hawthorne Boulevard Rancho Palos Verdes, CA 90275 Re: Proposal for Building and Safety Department Services Dear Joel and Paul, Thank you for the opportunity to continue to provide Building and Safety Department services for the City of Rancho Palos Verdes. We are excited to provide these to you and are committed to your continued satisfaction. Our understanding is that you will need continued assistance with.structural plan review, drainage plan review, overflow inspection, and plan review on an hourly basis. We also understand your budget constraints and have tried to propose rates that will help. We propose to assist you with these services, and others if needed, at rates defined by our Standard Hourly Rate Schedule effective July 1 of each fiscal year. The following are our rates for the listed positions and the staff members who we would propose to fill the roles from July 1, 2011 through June 30, 2013. Building Official $109 per hour Mike Ross Building Inspector $89 per hour Mike Smith Senior Registered Engineer $127 per hour Juliet DeMoss Project Engineer $132 per hour Allan Rigg These rates are $1 per hour higher than our current rates with you. Even with this increase, we believe will still lose money as we have for the past several years, but we value our relationship with you and hope for better times when we can share in the value of an increased workload with you. sa ti>c c CHARLES ABBOTT ASSOCIATES INC. 274011.0S.\tt o ::220.Mtss(o`VIER),c.\92691 (866)530-4980 FAX 049)307-2852 I'M NIL INI(),a('A\-(INI.JNI..l:ONI r • , !!!!, . „ A A � - rt Nr sVe s PRoFF:tisi()N:\t_I3t:fi,i)i (;&S.‘F;'t Yit..N(ANEERiNc/INFR‘si-Rucr , A(;I'\1I\'i Our relationship with the City of Rancho Palos Verdes has been very positive for both our firm and the City for many years. We look forward to serving the City of Rancho Palos Verdes for many years to come. Please call me at (310) 345-9385 if you have any questions. Ocere y, Allan Rigg, PE AICP Division Manager CI-IARI,ES ABBOTT ASSOC'IAT'ES INC. 2740( LOS.\i it)'.::22O,MISSION Vt[:Jo,C.\92001 (866)5:01-1980 FAX(9'49)3o -2l152 1:\1\II.' 1-()Ni.(NI t t:)1•!