RPVCCA_SR_2011_05_17_17_Contract_Extension_For_Building_&_Safety_Consultant_ServicesMEMORANDUM
CllY OF RANCHO PALOS VERDES
PLANNING,BUILDING,&CODE ENFORCEMENT
TO:
FROM:
DATE:
HONORABLE MAYOR &CITY CObJ~CIL
JOEL ROJAS,DIRECTOR OF COMM NIT DE LOPMENT
May 17,2011
SUBJECT:EXTENSION OF CONTRACTS FOR AS NEEDED BUILDING &SAFETY
CONSULTANT SERVICES
REVIEWED:CAROLYN LEHR,CITY MANAGERcfl-
Prepared by:Paul Christman,C~G--
RECOMMENDATION
1)Authorize the Mayor and City Clerk to execute an extension of the current
professional service agreement with Charles Abbott Associates,Inc.("CM")
to continue to provide building inspection and plan check services to the City
on an as-needed basis through June 30,2013.
2)Authorize the Mayor and City Clerk to execute an extension of the current
professional service agreement with Scott Fazekas &Associates,Inc.("SFA")
to continue to provide building inspection services to the City on an as-
needed basis through June 30,2013.
BACKGROUND
On June 2,2009,the City Council authorized staff to extend agreements with CM &
SFA to provide back up building inspection and plan review personnel on an as-needed
basis.The current contracts with CM &SFA that were entered into in 2009 are set to
expire on June 30,2011.For reasons explained in this staff report,staff is
recommending that the CM &SFA agreements be extended an additional two years to
June 30,2013.
DISCUSSION
Charles Abbott Associates (CM)Contract
Staff has been pleased with the structural and drainage engineering plan review that
CM has provided to the City in its limited role since 2007.CM has provided competent
personnel,has made the necessary changes when requested,and has adjusted its
30940 HAWTHORNE BLVD./RANCHO PALOS VERDES,CA 90275-5391
PLANNING/CODE ENFORCEMENT (310)544-5228/BUILDING (310)265-7800/DEPT.FAX (310)544-5293/E-MAIL PLANNINC@RPV.COM
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operations to meet the Department's plan check review turn around requirements.CAA
staff is effective and efficient because they are familiar with the unique requirements of
the peninsula,as they have a long history of providing services to the City.For these
reasons,staff is recommending that the current contract with CAA be extended for an
additional two years,with the following changes:
1)Rates for services in 2011-13 include a $1.00 per hour increase from current
rates.
2)The term of the contract for Structural Engineering Plan Check and Drainage
Engineering services be extended for an additional two years from July 1,
2011 to June 30,2013.
Scott Fazekas &Associates (SFA)Contract
Staff has been pleased with the back up inspection services that SFA has provided to
the City in its limited role since 2008.SFA has provided competent personnel,has
offered to continue the current hourly rates,and has made the necessary changes when
requested.For these reasons staff is recommending that the current contract with SFA
be extended for an additional two years to June 30,2013.The hourly rates will remain
unchanged for the duration of the contract.
FISCAL IMPACT
There would be no fiscal impact as a result of extending the CAA and SFA contracts.
The costs of the services provided by CAA and SFA are covered by the City's FY 11-
12/12-13 budget.
ATTACHMENT:
Professional Services Agreement for CAA
Professional Services Agreement for SFA
2 17-2
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
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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 I(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.
G.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.
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 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
R6876-0001\1140981v1.doc 2
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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 Consultanfs 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.
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The timeliness of all plan checks performed shall be as described in Article I(A)
of this Agreement.
ARTICLE III
TERM
This Agreement shall commence on July 1,2009,and shall terminate on June
30,2011 J 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 III.The schedule of hourly rates may be
increased as of July 1,2010,during the term ofthis 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 cttosen by City to determine any increase.
Notwithstanding the foregoing,in no event shall anyone 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.
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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 ofone 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 am6unts
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.
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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,it~agents,officers
or employees,in performing any of the services under this Agreement,including
any related claims based on City's passive negligence.
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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.
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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 workers 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 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 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.
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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
reliefto 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.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.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,II the provisions of this
Agreement shall prevail.
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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.
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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.
By:
NameS2tv \'2 \:0"",
Title
By:
Name
Title
TheCi
By:
SATTEST:
By:(1t7d~~
City Clerk
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............I.II,•.1I1'.l11!I!ii\'pilJ
PROFESSION,II.llUILIJI!'<G &SIFlnviEN(;INElmINGIINFl<\SnW('T!'RI';M,\NA(;EM1':NT
February 16,2011
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 Schedul£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.
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.
Building Official
Building Inspector
Senior Registered Engineer
Project Engineer
$109 per hour
$89 per hour
$127 per hour
$132 per hour
Mike Ross
Mike Smith
Juliet DeMoss
Allan Rigg
CHARLES ABBOTT AsSOCi,.\.TES INC.
27,j()I l.os .\LT05 i:22il,MISSION VIElo.n 92691
(866)530-4980 FAX (9,19)J6'·,?8S1
E~l\1I.:INFO,i"i':('''.I·ONI.INE.CO~1 17-14
....I1I1•••••••••••••I<.··~Ii~.JIIIJ?i~
PROFESSIONAL BlHLOING &S.\H:TyiENGINEf<:RINGfINFR\SlRliCTUm "'IANAGE!\1I::NT
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.
01 Y
'
Allan Rigg,PE AICP
Division Manager
CHARLES ABBOTT ASSOCI A TES INC.
]7,HlI Los .\1 TOS ;:2]0,MISSION VIEJO,C.I 92691
(866)5:;0-,1980.FAX (9<-19)36'·]852
[\1111.IN[O:il'f'AI-ONI.INI·.(0\1 17-15
First Amendment to Agreement between
the City of Rancho Palos Verdes
and Charles Abbott Associates,Inc.
This agreement is an amendment to the building and safety services agreement
between the City of Rancho Palos Verdes ("CITY")and Charles Abbott Associates,Inc.
("CONSULTANT''),dated June 2,2009 ("Agreement").This amendment to the Agreement
is effective as of May 17,2011 and is being made to extend the term of the Agreement for
two years.
Section 1.Article III of the Agreement is hereby amended to read as follows:
"This Agreement shall commence on July 1,2009,and shall terminate on June
30,2013,unless otherwise extended by the parties hereto."
Section 2.Except as expressly amended by this amendment to the
Agreement,all of the other provisions of the Agreement shall remain in full force and
effect as written in the Agreement.
IN WITNESS WHEREOF,the parties hereto have executed this Agreement as of
the date and year first above written.
CITY OF RANCHO PALOS VERDES
("City")
By:_
Mayor
ATTEST:
By:_
City Clerk
CHARLES ABBOTT ASSOCIATES,INC.
("CONSULTANT")
By:_
By:_
R6876-0001\1359643v1.doc
17-16
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 ~alos Verdes (hereinafter referred to as the
"City")and Scott Fazekas &Associates,Inc.(hereinafter referred to as
"Consultanf').
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 as adopted by Rancho Palos Verdes Municipal
Code Chapters 15.04,15.08,15.12,15.16 and15.18,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 or Director of Planning,Building and Code
Enforcement:
A.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.
B.Coordination:Coordinate procedures with the Director of Planning,
Building and Code Enforcement and prOVide appropriate information to the
public.
C.Working Relationships:Establish working relationships and coordination
with other appropriate public agencies and private utilities.
17-17
D.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.
E.,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.
F.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.
G.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.
H.Availability to the Public:The Consultant understands that Building and
Safety Inspectors 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 the telephone during all City hall office hours.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.
I.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.
J.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.
K 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.
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17-18
L.Vehicles:City will provide all vehicles necessary to properly perform the
services and duties required under this Agreement.
M.Certified Staff:The scope of Consultant's services includes the provision
that the employees which are provided to the City must be certified
Building Inspector(s).Consultant shall provide certified staff to the City
upon the request of the Building Official or the Director of Planning,
Building and Code Enforcement.
N.Permits:When determined appropriate to do so by the Building Official or
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.
O.Plan Review:Provide plan review of building,plumbing,mechanical,
electrical,energy and disabled access codes as adopted statewide as the
California Codes and as amended by local Ordinance by the City.
Reviews will result in correction lists and rechecks until plans are brought
into substantial compliance with applicable codes and an approval stamp
is affixed to the plans.
ARTICLE II
PERFORMANCE OF SERVICES
Consultant shall perform aU services and duties pursuant to this
Agreement in a professional and timely manner,at the direction of the BUilding
Official or 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 1,2009,and shall terminate on
June 30,2011,unless otherwise extended by the parties hereto.
ARTICLE IV
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17-19
COMPENSATION FOR SERVICES
For the services described in Article I,Consultant will be paid $70.00 per
hour for inspection services,and $100.00 per hour or a mutually agreed upon
percentage of the City's plan check fee for plan check services.
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 hourly rates noted above.
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 Inspection Services costs,
which shall specifically indicate the dates and total fee billed towards the work
completed.If Consultant's bill is properly prepared and received by City by not
later than the tenth (10 th )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.
All payments due Consultant shall be paid to:
Scott Fazekas &Associates,Inc.
g Corporate Park,Suite 200
Irvine,California 92606
ARTICLE V
PERSONNEL
Consultant shall provide all certified personnel necessary to properly
perform the services and duties required under this Agreement,and shall at all
times allow the Building Official,and or the Director of Planning Building and
Code Enforcement to direct such personnel in the performance of such services
and duties to be performed for the City.Scott Fazekas 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 Scott Fazekas,without
the prior written consent of either the BUilding Official or 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
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17-20
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 soJe 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 polley 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 one
million dollars ($1,000,000.00).Said policy or policies shall be issued by
an insurer admitted in the State of California and rated in Besfs 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 polley 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.
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17-22
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.Primarv 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 waiyer of SUbrogation.
ARTICLE X
II
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 fees described in Article IV,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
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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 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 SURerior Court.
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
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·'
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.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,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.
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.Notice.Any notice or documents required shall not be effective unless it
is given in writing and delivered in person or by certified mail,postage
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·.
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:
Scott Fazekas &Associates,Inc.
9 Corporate Park,Suite 200
Irvine,California 92606
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.
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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.
scon FAZEKAS &ASSOCIATES,INC.:
By:.~~~
Name
Pr-e~/'A'kf
Title ~~-;;;>
Name
By:
Title
THECT
By:
ATIEST(j C
By:~14{};e.7llfHl.~
City Clerk
17-27
~I~!.S«::••ff I<"nzelt:as &:Asstt«::iates,111«::.
~...Building Safety for Government
February 15,2011
Mr.Paul Christman,C.RO.
Building Official
City of Rancho Palos Verdes
30940 Hawthorne Blvd.
Rancho Palos Verdes,CA 90275
Subject:Building Safety Agreement Extension
Dear Mr.Christman:
This letter is in response to your request that Scott Fazekas &Associates,Inc (SFA)state our
interest in continuing to provide services to the City of Rancho Palos Verdes Building Division.
SFA appreciates the opportunity and the confidence you place in us to provide consulting
services.
As provided for in the current Agreement,the term may be extended when mutually agreed upon.
SFA proposes to continue to provide the same services established in the Agreement for the same
fee with no modifications until June 30,2013.
Thank you for the opportunity to be of service to the City of Rancho Palos Verdes.Please let me
know if you need any additional.documentation.
Sincerely,
Scott Fazekas &Associates,Inc
~~
Scott R.Fazekas,AlA,NCARB,CBO,LEED AP,CASp
9 Corporate Park,Suite 200,Irvifle,CA 92606-5173 •949/475-2901 •FAX 949/475-2560
An Equal Opportunity Employer 17-28
First Amendment to Agreement between
the City of Rancho Palos Verdes
and Scott Fazekas &Associates,Inc.
This agreement is an amendment to the building and safety services agreement
between the City of Rancho Palos Verdes ("CITY")and Scott Fazekas &Associates,Inc.
("CONSULTANT"),dated June 2,2009 ("Agreement"). This amendment to the Agreement
is effective as of May 17,2011 and is being made to extend the term of the Agreement for
two years.
Section 1.Article III of the Agreement is hereby amended to read as follows:
"This Agreement shall commence on July 1,2009,and shall terminate on June
30,2013,unless otherwise extended by the parties hereto."
Section 2.Except as expressly amended by this amendment to the
Agreement,all of the other provisions of the Agreement shall remain in full force and
effect as written in the Agreement.
IN WITNESS WHEREOF,the parties hereto have executed this Agreement as of
the date and year first above written.
CITY OF RANCHO PALOS VERDES
("City")
By:--------
Mayor
ATTEST:
By:_
City Clerk
SCOTT FAZEKAS &ASSOCIATES,INC.
("CONSULTANT")
By:_
By:_
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