Charles Abbott Associates Inc (2000) •
PROFESSIONAL SERVICES AGREEMENT
FOR BUILDING AND SAFETY SERVICES
THIS AGREEMENT is made and entered into this 16 day of
MAY 2000, 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
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 Chapter 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 certified building official:
A. Plan Check: Review building and development plans for conformance with
the Uniform Building, Electrical, Plumbing and Mechanical Code, 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 two weeks of submittal; subsequent checks shall be
completed within one week of re-submittal.
B. Permit Issuance: Issue building permits when all City requirements and
State law are met. Office hours for the Building Inspectors shall be
established by the Director of Planning, Building and Code Enforcement to
optimize service to the public. All Building Inspectors shall be available to
the public at the counter and on the telephone from 7:30 AM to 10:00 AM
Monday through Friday. At least one building inspector shall be available
to assist the public at the counter and on the telephone between the hours
of 10:00 AM to 5:30 PM, Monday through Thursday and from 10:00 AM to
4:30 PM on Friday. All other building inspectors shall conduct plan checks
and field inspections from 10:00 AM to 4:30 PM daily. The Building
Official shall provide office hours a minimum of two days every week as
determined by the Director of Planning, Building and Code Enforcement.
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
appeals to the Board of Appeals, as specified in Municipal Code Section
15.18.030. 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.
H. Records: Maintain all Building and Safety records and files at City Hall or
at such other locations as approved by the Director of Planning, Building
and Code Enforcement. All records, documents, studies, computer
programs and files, etc. are the property of the City.
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 permit and inspection activities. Submit a
bi-weekly itemized report of hours/costs expended by personnel to the
Director of Planning, Building and Code Enforcement. Submit a monthly
itemized report of all service activities to the Director of Planning, Building
and Code Enforcement. Submit reports to other agencies, as required by
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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
appropriate training to coordinate the functions of those Divisions and the
consultant.
L. Public Information: Answer questions from the public at the counter or
over the telephone during the hours designated in paragraph B, which are
not directly related to an active permit or fee collection.
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. Permit Tracking. If the City purchases and installs a computer permit
tracking system to track building permit activity, Consultant shall contribute
$25,000 to the City to defray the cost of acquiring such computer software.
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
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Agreement for Professional Service 2000-2005
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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, 2000, and shall terminate on
June 30, 2005, 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 and P, 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 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.
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 good through June 30, 2002. The schedule of hourly rates
shall be increased twelve (12) months after June 30, 2002 and every twelve (12)
months thereafter during the term of this contract, 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%.
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Agreement for Professional Service 2000-2005
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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. 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.
371 Van Ness Way, Suite 200
Torrance, California 90501
In the event City fails to pay any undisputed amount due to Consultant
within thirty (30) days after invoices are received by City, 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. Greg Robinson,
CBO, Project Manager and Bryan Zuppiger, CBO, Building Official, shall be
principally responsible for Consultant's obligations and performance under this
Agreement and shall serve as the principal liaisons between City and Consultant.
Consultant shall not designate representatives or liaisons other than Greg
Robinson and Bryan Zuppiger, without the prior written consent of either the
Director of Planning, Building and Code Enforcement or the Director of Public
Works of City. 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
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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.
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
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+ 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
compensation insurance as required by the law. Consultant shall require
any subcontractor similarly to provide such compensation insurance for
their respective employees.
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• 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 Xl.
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
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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.
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.
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,
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• 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
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.
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.
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J. Notices. All notices pertaining to this Agreement shall be in writing and
addressed as follows:
If to Consultant:
Ronald B. Hamilton
President
Charles Abbott Associates, Inc.
371 Van Ness Way, Suite 200
Torrance, California 90501
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:
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Dated:
CITY OF RANCHO PALOS VERDES
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Mayor
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Charles Abbott Associates, Inc.
Agreement for Professional Service 2000-2005
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Attest:
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Cit lerk
Charles Abbott Associates, Inc.
Agreement for Professional Service 2000-2005
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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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