Charles Abbott Associates Inc (2005) OCTIP
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4, ECEIVED
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PROFESSIONAL SERVICES AGREEMENT PLANNING, BUILDING &
FOR BUILDING AND SAFETY SERVICES CODE ENFORCEMENT
THIS AGREEMENT is made and entered into this 21st day of June 2005,
by and between the CITY OF RANCHO PALOS VERDES, hereinafter referred to
as "CITY", and CHARLES ABBOTT ASSOCIATES, INC., hereinafter referred to
as "CONSULTANT".
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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 Uniform Administrative, Building,
Electrical, Plumbing and Mechanical Codes 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; and,
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:
A. Plan Check: Review building and development plans for conformance with
the Uniform Building, Electrical, Plumbing and Mechanical Codes, City
Ordinances and other requirements as set by City Departments, as well as
arranging for reviews by other responsible agencies, as appropriate. Plan
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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 14 calendar days of submittal; subsequent checks
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shall be completed within 7 calendar days of 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.
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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 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 paragraph A above, 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 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.
G. Meetings: Attend meetings with City staff, City officials, developers,
contractors, ;and the general public, as required by the Director of
gBuilding
Planning, 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, etc.
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 permit 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 Director of Planning,
Building and Code Enforcement.
K. Training: 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
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appropriate training to coordinate the functions of those Divisions and the
consultant.
L. Availability to the Public: The consultant understands that Building and
Safety personnel must be available to provide information about the status
of activep ermits and to answer general questions from the public at the
counter or over the telephone during all City hall business hours except
during a lunch break between 12:00 p.m. and 1 p.m. Such public
availability shall be provided by either the City or consultant personnel
using schedules established by the City's Building Official that optimize
service to the public and are consistent with this contract.
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, and code
enforcement, etc., 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 (Compensation) 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. The scope of consultant's services does not include the provision of a
certified building official to the City.
R. 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.
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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.
ARTICLE III
TERM
This Agreement shall commence on July 1, 2005, and shall terminate on
June 30, 2007, unless otherwise extended by the parties hereto.
ARTICLE IV
COMPENSATION FOR SERVICES
For fee-related services described in Article I, paragraphs A, B, C, D, E, F,
G, H, I, J, K, L, 0, P, and R City shall pay Consultant for its professional services
rendered and costs incurred pursuant to this Agreement in an amount equal to
the following percentage of the fees collected monthly by the City for those
services:
Monthly Fees Collected % Of Fees Paid to Consultant
_Less than (<) $20,000 73%
Between $20,000 and $40,000 68%
Between 40,001 and $75,000 63%
Between $75,001 and $100,000 58%
Greater than (>) $100,001 53%
For the services described in Article I, paragraphs M and N, 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.
Because Consultant no longer provides a certified building official to the
City as part of this Agreement, Consultant's invoices for services shall include a
credit to the City in the amount of$9,083 per month ($109,000 per year).
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
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hereto as Exhibit "A" and incorporated herein by reference. The schedule of
hourly rates shall be effective through June 30, 2006. The schedule of hourly
rates may be increased as of July 1, 2006, during the term of this Agreement,
pursuant to Article III. 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 3%.
Consultant shall submit to
City, bynot later than the tenth (10th) day of
each month, its bill for services rendered and costs incurred during the previous
month. 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 30 days from the date that
the bill was received. All other properly billed and uncontested invoices received
after the 10th of the month shall be paid by City not later than forty-five (45) days
after receipt of Consultant's bill by City.
All payments due Consultant shall be paid to:
Charles Abbott Associates, Inc.
2601 Airport Drive, Suite 110
Torrance, California 90505
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 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 may be terminated by
Consultant without liability to Consultant upon ten (10) working days advance
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.
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
bep rincipally 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
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Allan Rigg, without the prior written consent of either 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.
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.
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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.
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
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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.
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
serviced upon deposit in the United States Mail of a certified or registered letter,
postage prepaid, return receipt requested, addressed to the other party, or upon
personal service of such notice to the other party, at the address set forth in
Article XI.
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
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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 Civil 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 case shall be handled in Los Angeles County, California,
and the party prevailing in such action shall be entitled to
reasonable attorney's fees, which shall be fixed by the judge
hearing the case and such fee shall be included in the judgement.
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.
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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. Consultant's
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. Extent of 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 amended only by a
subsequent written agreement signed by both parties.
Legal Construction
i. This Agreement is made and entered into in the State of California
and shall in all respects be interpreted, enforced and governed
under the laws of the State of California.
ii. 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.
iii. 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.
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iv. 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. All notices pertaining to this Agreement shall be in writing and
addressed as follows:
If to Consultant:
Charles Abbott Associates, Inc.
2601 Airport Drive, Suite 110
Torrance, California 90505
If to City:
Les Evans
City Manager
City of Rancho Palos Verdes
30940 Hawthorne Boulevard
Rancho Palos Verdes, California 90275
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement as of the date and year first above written.
CHARLES ABBOTT ASSOCIATES, INC.
By: glit
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( itle)
Dated:
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By:
(Title)
Dated:
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CITY OF RANCHO P A LOS VERDES
41,
By: 411111 .. (IL•
Mayor
Dated:
Attest:
City Clerk
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EXHIBIT "A"
FEE SCHEDULE
Personnel Classification Registration Rate (per hour)
Project Manager C.B.O. $90.00
Building Official C.B.O. $ 86.00
Senior Plan Check Engineer P.E. $ 80.00
Building Plan Check Engineer $ 76.00
Senior Building Inspector $ 70.00
Building Inspector/Checker $ 60.00
Rates shown shall include all overhead and related costs except for direct
expenses for reproduction, printing and report costs that may be incurred, which
shall be billed at cost.
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