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Charles Abbott Associates Inc (2009) PROFESSIONAL SERVICES AGREEMENT FOR BUILDING AND SAFETY SERVICES This Agreement is made and entered into this 2nd day of June 2009, by and between the City of Rancho Palos Verdes (hereinafter referred to as the "City") and Charles Abbott Associates, Inc. (hereinafter referred to as "Consultant"). RECITALS City wishes to use the professional services of Consultant to provide building and safety consulting services to 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 Rancho Palos Verdes Municipal Code Chapters 15.04, 15.08, 15.12, 15.16 and 15.18, and is qualified to perform said services for City. 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 Consultant shall, in a professional and timely manner, perform the following services, when requested by the City, by or under the direct supervision of the City's certified Building Official or Director of Planning, Building and Code Enforcement: A. Plan Check: Review building and development plans for conformance with the California Building, Electrical, Plumbing and Mechanical Codes, the California Energy Standards, City Ordinances and other requirements as set by City Departments, as well as arranging for reviews by other responsible agencies, as appropriate. Plan check services may be provided either through the Contractor's own employees or by firms previously approved by the City. Unless there are exceptional circumstances, first plan check of residential construction shall be completed within ten (10) calendar days of receipt of the submittal. Subsequent plan checks shall be completed within five (5) calendar days of receipt of the re-submittal. B. Permit Issuance: Issue building permits when all City requirements and State law are met. Office hours for the Building Inspectors to issue permits shall be established by the Director of Planning, Building and Code Enforcement or his/her designee to optimize service to the public. 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 3:00 PM on the preceding day. If requested by a permit R6876-0001111409810.doc Revised 1 7-4 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 for and enforce all violations of the Code listed in Article l(A) of this Agreement, including substandard conditions and attend office conferences and appeals to the Board of Appeals, as specified in Municipal Code Section 15.18.030, or appeals to the City Council, pursuant to requests for attendance from the Director of Planning, Building and Code Enforcement or his or her designee. Report to the appropriate City Departments all suspected violations of other City laws and requirements. E. Coordination: Coordinate procedures with the Building Official and the Director of Planning, Building and Code Enforcement, and provide appropriate information to the public. F. Working Relationships: Establish working relationships and coordination with other appropriate public agencies and private utilities. O. Meetings: Attend meetings with City staff, City officials, developers, contractors, and the general public, as required by the Director of Planning, Building and Code Enforcement or his/her designee. H. Records: Maintain all original Building and Safety records and files at City Hall. All records, documents, studies, computer programs and files are the property of the City. 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 a monthly itemized report and an annual itemized report of all service activities to the Director of Planning, Building and Code Enforcement. Submit reports to other agencies, as required by law. Coordinate the content and format of any reports to the City with the Building Official and the Director of Planning, Building and Code Enforcement. K. Training and 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 Planning and Code Enforcement Division's staff appropriate training to coordinate the functions of those Divisions and the Consultant. Plan Review and Inspection staff shall have obtained and must maintain current ICC certifications. Consultant shall also employ a certified access specialist("CASp") pursuant to the requirements of Senate Bill 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 R6876-000111140981v1.doc 2 Revised 1 7-5 the telephone during City hall business hours when requested by City staff. Such public 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, including any follow-up work, such as 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: As occasions arise, Consultant may be called upon to perform special building and safety studies or other work pursuant to an approved purchase order from the City. Charges shall be billed as defined under Article IV either to a trust deposit account or budget account, or a specific contract proposal shall be agreed upon defining the scope of work and payment schedule. O. Records: All costs are to be allocated to the appropriate trust deposit, plan check number or other special fund to which they pertain. The tract, lot or parcel numbers, address or other designation to identify the project site to which the costs pertain shall be indicated on all records and documents. -- P. Vehicles: Provide all vehicles necessary to properly perform the services and duties required under this Agreement. Q. Certified Personnel: The scope of Consultant's services includes the provision of utilizing current ICC certified and state licensed PE. Plan Check Engineer(s), and ICC certified Building Inspector(s)to the City. R. Permits: When determined appropriate to do so by the Director of Planning, Building and Code Enforcement, the scope of Consultant's services shall include the issuance of 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 Planning, Building and Code Enforcement 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 shall perform all services and duties pursuant to this Agreement in a professional and timely manner, at the direction of the Director of Planning, Building and Code Enforcement or the Directors' designee. All directives, instructions, or other communications between City and Consultant shall be through only the Director of Planning, Building and Code Enforcement or the Directors' designee. All plan check comments shall be provided in typed format for all initial and subsequent plan reviews. R6876-000111140981 v1.doc 3 Revised 17-6 The timeliness of all plan checks performed shall be as described in Article 1(A) of this Agreement. ARTICLE III TERM This Agreement shall commence on July 1, 2009, and shall terminate on June 30, 2011, unless otherwise extended by the parties hereto. ARTICLE IV COMPENSATION FOR SERVICES For the services described in Article I, Consultant will be paid for these services in accordance with Consultant's schedule of hourly rates attached hereto as Exhibit"A" and incorporated herein by reference. 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 and will be paid for such additional services in accordance with Consultant's schedule of hourly rates attached hereto as Exhibit"A" and incorporated herein by reference. The schedule of hourly rates shall be effective through at least June 30, 2010, and if not increased as explained below, shall continue through the term of this Agreement, pursuant to Article Ill. The schedule of hourly rates may be increased as of July 1, 2010, during the term of this Agreement, pursuant to Article Ill. The hourly rate shall be increased by an amount equal to the percentage increase in the U.S. Bureau of Labor Statistics Consumer Price Index for Urban Wage Earners and Clerical Workers, Los Angeles—Anaheim—Riverside area (1967=100)during the preceding twelve (12) months. In the event the Consumer Price Index is discontinued, a comparable publication or index shall be chosen by City to determine any increase. Notwithstanding the foregoing, in no event shall any one increase exceed three percent (3%). Consultant shall submit to City, by not later than the tenth (10th)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 specifically 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 other properly billed and uncontested invoices received after the tenth (10th) of the month shall be paid by City not later than forty-five (45) days after receipt of Consultant's bill by City. R6876-000111140981 v1.doc 4 Revised 17-7 All payments due Consultant shall be paid to: Charles Abbott Associates, Inc. 27401 Los Altos Suite 220 Mission Viejo, CA 92691 With respect to invoices received by the City prior to the tenth (10th) of the month, in the event City fails to pay any undisputed amount due to Consultant within thirty (30) days after City receives invoices, then City agrees to pay Consultant an additional two percent(2%)of the fees collected; in the event City fails to pay any undisputed amounts due Consultant within forty-five (45) 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 to Consultant 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 undisputed amounts due Consultant that have not been paid within forty-five (45) days. With respect to invoices received by the City after the tenth (10th) of the month, in the event City fails to pay any undisputed amount due to Consultant within forty-five (45) days after City receives invoices, then City agrees to pay Consultant an additional two percent (2%)of the fees collected; in the event City fails to pay any undisputed amounts 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 to Consultant 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 undisputed amounts due Consultant that have not been paid within sixty (60) days. ARTICLE V PERSONNEL Consultant shall provide all personnel necessary to properly perform the services and duties required under this Agreement, and shall at all times direct such personnel in the performance of such services and duties. Allan Rigg shall be principally responsible for Consultant's obligations and performance under this Agreement and shall serve as the principal liaison between City and Consultant. Consultant shall not designate representatives or liaisons other than Allan Rigg, without the prior written consent of the Director of Planning, Building and Code Enforcement. All staff changes recommended by Consultant shall be requested a minimum of thirty (30) days in advance of the proposed change. Consultant shall notify City in writing of its recommendation of the retention of any supplemental subconsultants and the need therefor. However, City shall have the exclusive authority to determine whether such subconsultants shall be retained pursuant to Consultant's recommendation and the ability to pre-approve all sub- consultants. R6876-000111140981 v1.doc Revised I 7-8 ARTICLE VI DUTIES OF CITY City shall provide or make available to Consultant, without charge or expense, all information, data, records, maps, reports, plans, equipment, or other material in its possession necessary for carrying out the services and duties contemplated under this Agreement. ARTICLE VII OWNERSHIP OF DOCUMENTS City and Consultant agree that all records, data, reports or other documentation prepared by, in response to, or as a result of the performance of this Agreement shall be the sole property of City, and are to remain confidential, and not be released or otherwise made available to any person, entity or organization without express prior written approval of City. Copies of any data, records, reports or other documents held by Consultant shall be delivered to City upon demand. During the term of this Agreement, Consultant may retain one copy of each document for its records. No reports, maps or other documents produced in whole or in part under this Agreement shall be the subject of an application for copyright by or on the behalf of Consultant. 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 agrees to comply with the provisions of Rancho Palos Verdes Municipal Code Section 15.18.020, Administrative Code amended -- Liability. Consultant will defend, indemnify and hold harmless City, its City Council, Boards, Commissions and its officers, employees and agents (collectively "City"), against any claim, loss or liability that arises because of the sole or primary negligence or willful misconduct of Consultant, its agents, officers or employees, in performing any of the services under this Agreement, including any related claims based on City's passive negligence. R6876-000111140981 v1.doc 6 Revised 1 7-9 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 policies of Comprehensive General Liability Insurance, with minimum limits of one million dollars ($1,000,000.00)for each occurrence and in the aggregate, combined single limit, against any personal injury, death, loss or damage resulting from the wrongful or negligent acts by Consultant. 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). 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 carry, 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) per accident for bodily injury and property damage. 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. E. Worker's Compensation. Consultant agrees to maintain in force at all times during the performance of work under this Agreement worker's compensation insurance as required by the law. Consultant shall require any subcontractor similarly to provide such compensation insurance for their respective employees. F. Notice of Cancellation. i. All insurance policies shall provide that the insurance coverage shall not be canceled by the insurance carrier without thirty(30) days prior written notice to City. 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 comprehensive general liability policy or policies and any professional liability insurance policy shall contain an endorsement naming the City as an additional insured. R6876-000111 140981 v1.doc 7 Revised 17-1 0 . 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 XI(J). In the event of termination or cancellation of the Agreement by Consultant or City, due to no fault or failure of performance by Consultant, Consultant shall be paid 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 services performed prior to the effective date of termination or cancellation in accordance with the schedule attached hereto as Exhibit "A"; provided, in no event shall the amount of money paid under the foregoing provisions of this paragraph exceed the amount which would have been paid to Consultant for the full performance of the services described in Article IV and the particular purchase order. In the event of such termination, all finished or unfinished documents, reports, charts, data, studies, surveys, in the possession of Consultant under this Agreement shall be returned to City, at its option. 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) and the applicable equal employment provisions of the CMI Rights Act of 1964 (42 U.S.C. 200e-217), whichever is more restrictive. B. Non-discrimination. Consultant shall not discriminate as to race, creed, religion, gender, color or national origin in the performance of its services and duties pursuant to this Agreement, and will comply with all rules and regulations of the City relating thereto. 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. Venue for any such action relating to this Agreement shall be in the Los Angeles County Superior Court. R6876-0001\1140981 v1.doc 8 Revised 1 7-11 ii. If any legal action or other proceeding, including action for declaratory relief, is brought for the enforcement of this Agreement or because of an alleged dispute, breach, default or misrepresentation in connection with this Agreement, the prevailing party shall be entitled to recover reasonable attorneys'fees, experts'fees, and other costs, in addition to any other relief to which the party may be entitled. iii. Should any legal 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 the hourly rates in effect at the time of such testimony. D. Compliance with Applicable Law. Consultant and City shall comply with all applicable laws, ordinances and codes of the federal, state and local governments. E. Assignment. This Agreement shall not be assignable by either party without the prior written consent of the other party. Notwithstanding the foregoing, Consultant may use the services of persons and entities not in its employ,when it is appropriate and customary to do so upon prior approval by City. Such persons and entities include, but are not limited to, surveyors, specialized consultants and testing laboratories. Consultants use of others for additional services shall not be unreasonably restricted by City, provided Consultant notifies City in advance. F. Independent Consultant. Consultant is and shall at all times remain, as to City, a wholly independent consultant. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant's employees, except as herein set forth. Consultant expressly warrants not to, at any time or in any manner, represent that it, or any of its agents, servants or employees, are in any manner the agents, servants or employees of City, it being distinctly understood that Consultant is, and shall at all times remain to City, a wholly independent contractor and Consultant's obligations to City are solely such as are prescribed by this Agreement. G. Titles. That titles used in this Agreement are for general reference only and are not part of this Agreement. H. Entire Agreement. This Agreement and Exhibit"A" represents the entire and integrated Agreement between City and Consultant and supersedes all prior negotiations, 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 express provisions of this Agreement and Exhibit "A,"the provisions of this Agreement shall prevail. R6876-000111140961v1.doc 9 Revised 17-1 2 . 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. The article and section, captions and headings herein have been inserted for convenience only, and shall not be considered or referred to in resolving questions of interpretation or construction. iii. 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. J. 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: Charles Abbott Associates, Inc. 27401 Los Altos Suite 220 Mission Viejo, CA 92691 The City: Director of Planning, Building and Code Enforcement City of Rancho Palos Verdes 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 Any party may change its address by giving written notice to the other party. Thereafter, any notice or other communication shall be addressed or transmitted to the new address. If sent by mail, any notice or documents shall be deemed effective three (3) business days after it has been deposited in the United States mail. For purposes of communicating time frames, weekends and federal, state, religious, County of Los Angeles or City holidays shall be excluded. R6876-000111140981v1.doc 10 Revised 1 7-1 3 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 forth above. Charles A•bott Asso fates, Inc.: By: k.V.Lks\- (2-C-, N me OAL, Title :5 By: Name Title The City o..":ancho P. • Verdes: By: Witi_j�. Mayor ATTEST: By: 6,4eceki y bac_ City Clerk R6876-0001\1140981v1.doc Revised 17-14 EXHIBIT"A" FEE SCHEDULE (See Attached Proposal Letter from CAA Effective July 1, 2009) R6876-0001\1140981v1.doc Revised 17-15 C4141 PaoFl ssIo AI.QI!itDr..v(;&S.1FETr/E t:LlerRiNctINF►t.1sTRl;CI PRE_MAvAGEM.''r May 7, 2009 Mr. Joel Rojas Mr. Paul Christman City of 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, 2009 through June 30, 2010. Please note that the rates for engineers are the same rates that have been in place since July 1, 2008,and the building rates are lower than the existing contract, for a net average decrease of 4.3%: Building Official $105 per hour Mike Ross Building Inspector $86 per hour Mike Smith Senior Registered Engineer $123 per hour Juliet DeMoss Project Engineer $128 per hour Allan Rigg During the second year of the agreement from July 1, 2010 through June 30,2011, our rates would increase by approximately 2.5%to the following rates: Building Official $108 per hour Mike Ross Building Inspector $88 per hour Mike Smith Senior Registered Engineer $126 per hour Juliet DeMoss Project Engineer $131 per hour Allan Rigg it s CHARLES ABBOTT ASSOCIATES INC. 22..1 AIRPOR f 1.)RIVE SIAM 110.7'OwtANClc,CA aO)i41 c.11(n257-2000 FAX(310)31-4042 1:m.\I1_ im•otac.\A_ONL.Itir:(:OM Revised 17-16 J.' C44 PROFESSIONAL BUILDING fit.SAFEivIEM;LNCERIN(fJf%FRAS fRLC I URE MANA(;C'MENT 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. S' cerely Allan Rigg,PE AICP Division Manager CHARLES ABBOTT ASSOCIATES INC. '4t11:11[tl►t)It 11)It1`•ti St;J[t.1 10 7 nRItANCl,CA Q001 (.310)257-?(w(1.FAX(310)534-81M EMAIL. LNt'OEJI(":\A-ON LINE.C()M Revised 17-17