HomeMy WebLinkAbout2011/02/01 Item 3CITY COUNCIL
AGENDA STATEMENT
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CHUTA VISTA
FEBRUARY 1, 2011, Item No.: 3
ITEM TITLE: A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE AGREEMENT BETWEEN
ESGIL CORPORATION AND THE CITY OF CHULA VISTA
TO PROVIDE BUILDING PERMIT PROCESSING, PLAN
REVIEW, INSPECTION AND CODE ENFORCEMENT
SERVICES, AND AUTHORIZING AND DIRECTING THE
MAYOR TO EXECUTE SAID AGREEMENT.
B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE AGREEMENT BETWEEN
BUREAU VERITAS NORTH AMERICA CORPORATION
AND THE CITY OF CHULA VISTA TO PROVIDE
BUILDING PERMIT PROCESSING, PLAN REVIEW,
INSPECTION AND CODE ENFORCEMENT SERVICES,
AND AUTHORIZING AND DIRECTING THE MAYOR TO
EXECUTE SAID AGREEMENT.
C. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE AGREEMENT
BETWEEN JASON ADDISON SMITH CONSULTING
CORPORATION AND THE CITY OF CHULA VISTA TO
PROVIDE BUILDING PERMIT PROCESSING, PLAN
REVIEW, INSPECTION AND CODE ENFORCEMENT
SERVICES, AND AUTHORIZING AND DIRECTING THE
MAYOR TO EXECUTE SAID AGREEMENT.
SUBMITTED BY: Assistant City ger /Development Services Director ~~~~
REVIEWED BY: City Manag
4/STHS VOTE: YES ~ NO
SUMMARY
In anticipation of an economic recovery in the construction industry and the realization that
current staffing levels are inadequate to address spikes in development review activity, staff
prepared a Request for Proposal (RFP) for permit processing, plan check, inspection and code
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Item No.:
Meeting Date: 02-O1-ll
Page 2 of 4
enforcement services. Nine consultants submitted proposals, with the top five consultants
interviewed by a Selection Committee. After a thorough evaluation, the Committee recommended
that the City contract with three consultants; EsGil Corporation, Bureau Veritas North America
Corporation and Jason Addison Smith Consulting Corporation to provide the services on an as
needed basis.
ENVIRONMENTAL REVIEW
The Environmental Review Coordinator has reviewed the proposed activity for compliance with
the California Environmental Quality Act (CEQA) and has determined that there is no possibility
that the activity may have a significant effect on the environment; therefore, pursuant to Section
15061(b)(3) of the State CEQA Guidelines the activity is exempt from the provisions of CEQA.
Thus, no environmental review is necessary.
RECOMMENDATION
That the City Council adopts the Resolutions.
BOARDS/COMMISSION RECOMMENDATION
N/A
DISCUSSION
In response to the slowdown in the construction industry, the Building Division has gone through
aggressive budget reductions and is currently operating at minimum staffing levels. It has been a
challenge meeting established standards especially during periods when staff is on vacation,
extended leave or furlough. The Division is currently experiencing a slight increase in building
permit activity and anticipates a modest increase and a recovery in the near future. Unreasonable
delays in the processing and inspection of building permits is an obstacle to economic recovery
and a hardship to permit applicants. In order for the City to be ready to service increases in
workload, staff prepared a RFP for permit processing, plan check, inspection and code
enforcement services to establish agreements with consultants to have them on standby to assist
the City on an as-needed basis.
The City has been using the services of consultants since 1987. Having consultants available on
an as needed basis helped the City manage the increase in workload during periods of high
building permit activity and maintain established customer service standards. In addition,
having consultants on standby allowed the City to minimize the impact on customer service
caused by staff taking vacation, extended leave or furlough. Consultants offer flexibility and the
ability to respond quickly with no impact to the City.
In July 1, 2003, the City contracted with three consultants; EsGil Corporation, Jason Addison
Smith Consulting Corporation (JAS Pacific) and Willdan Corporation. These contracts had since
expired and the City did not see the need to establish new contracts until now in anticipation of a
recovery in the construction industry.
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Item No.: 3
Meeting Date: 02-01-11
Page 3 of 4
A Selection Committee (Committee) comprised of representatives from Permit Processing,
Building Plan Check, Building Inspection, Fire and Code Enforcement reviewed the responses to
the RFP. The committee evaluated nine responses using apre-established list of evaluation
criteria based on professional qualifications of consultant's employees, consultant's experience
in performing the services, consultant's procedures and their impact on City procedures, quality
control programs, familiarity with local and regional code interpretations and cost of services.
The Committee performed three levels of evaluation: 1) reviewed the proposals, ranked and
identified the top ranking firms, 2) interviewed the top-five firms, and 3) deliberated and re-
evaluated the consultants. After taking everything into consideration, the Committee
recommended that the City contract with three consultants; EsGil Corporation, Bureau Veritas
North America Corporation and Jason Addison Smith Consulting Corporation.
Having access to three consultants gives the City access to a larger pool of resources and insures
that more than one provider is in place in case the workload of a provider exceeds the limits of
the provider's resources. The contracts are structured so that the City has the option of either
sending work to the consultant to perform the service in the consultant's office or have
consultant staff placed in the City working as an extension of City staff. Having three
consultants compete for the placement of consultant staff in the City increases the possibility that
the City is being presented with the best and most qualified resources. The City gets to review
resumes and interview consultant staff and select those that would be working as an extension of
City Staff. Furthermore, having consultants positioned in the City working as part of City staff
allows our supervisors to maintain control of work assignments, to assure consistency and
quality of service and to assure same- day data entry into our permit tracking system.
The consultants will also be available, on an as needed basis, to assist Fire Prevention with
managing buitding permit plan review and inspection workload. All three consultants have
qualified staff capable of performing these services.
The proposed contracts have been reviewed by the City Attorney and approved as to form. The
contracts are structured to allow the City, at its sole discretion, to terminate a contract any time
after having given the consultant 30 days notice. The decision to use the services of any of the
consultants rests solely with the City and will be made on a case-by-case basis by the Assistant
City Manager/Development Services Director.
DECISION MAKER CONFLICT
Staff has determined that the recommendations requiring Council action are not site specific and
consequently the 500 foot rule found in California Code of Regulations Section 18704.2(a)(1) is
not applicable to this decision.
CURRENT YEAR FISCAL IMPACT
All costs of permit processing, plan check and inspection services, whether performed by the
City or the City's consultant, are borne by the applicant in the form of plan check and permit
fees. The plan check and permit fees provide sufficient revenue to cover both the cost of the
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Item No.: 3
Meeting Date: 02-O1-ll
Page 4 of 4
services provided by the consultant and the Department's administrative overhead costs. The
cost to the applicant is the same, whether City staff or consultants provide the service. Purchase
orders for these services will be initiated on an as-needed basis, and in accordance to the City's
Purchasing Policy.
It is not currently anticipated that the City will need the services of a consultant for Code
Enforcement. Should the City need the services of a consultant for Code Enforcement, staff will
return to Council for approval of budget appropriation.
ONGOING FISCAL IMPACT
No ongoing fiscal impact. The plan check and permit fees provide sufficient revenue to cover
both the cost of the services provided by the consultant and the Department's administrative
overhead costs.
ATTACHMENTS
1. Agreement between City of Chula Vista and EsGil Corporation for Permit Processing,
Building Plan Check, Building Inspection and Code Enforcement Services.
2. Agreement between City of Chula Vista and Bureau Veritas North America, Inc. fox
Permit Processing, Building Plan Check, Building Inspection and Code Enforcement
Services.
3. Agreement between City of Chula Vista and Jason Addison Smith Consulting Services,
Inc., DBA JAS Pacific for Permit Processing, Building Plan Check, Building Inspection
and Code Enforcement Services.
Prepared by: Lou EI-Khazen, Building Official, Development Services Department
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RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE AGREEMENT BETWEEN
ESGIL CORPORATION AND THE CITY OF CHULA VISTA
TO PROVIDE BUILDING PERMIT PROCESSING, PLAN
REVIEW, INSPECTION AND CODE ENFORCEMENT
SERVICES, AND AUTHORIZING AND DIRECTING THE
MAYOR TO EXECUTE SAID AGREEMENT
WHEREAS, current staffing levels are inadequate to address spikes in development
review activity; and
WHEREAS, unreasonable delays in the processing and inspection of building permits is
an obstacle to economic recovery and a hazdship to permit applicants; and
WHEREAS, in anticipation of an economic recovery in the construction industry, staff
distributed and advertised a request for proposal for permit processing, plan check, inspection
and code enforcement services; and
WHEREAS, a Selection Committee evaluated nine responses using apre-established list
of evaluation criteria and interviewed the top-five firms, and after a thorough evaluation,
recommended that the City contract with EsGil Corporation for these services on an as needed
basis; and
WHEREAS, plan check and permit fees provide suftlcient revenue to cover the cost of
permit processing, plan check and inspection services, and the Department's administrative
overhead costs; and
WHEREAS, should the City need the services of EsGil Corporation for Code
Enforcement, staff will return to Council for approval of budget appropriation.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista
does hereby approve the agreement with EsGil Corporation to provide permit processing, plan
review, inspection and code enforcement services.
BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby
authorized and directed to execute said agreement in the form presented for and on behalf of the
City of Chula Vista. ,~ ~~
Presented by Appro~e~ as
Gary Halbert, P.E., AICP Glyn R. Goog
Development Services Director/ City Attorney
Assistant City Manager
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THE ATTACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WIL BE
FORMALLY SIGNED UP0~1 APPR AI,,~S~ )
r
Attorney
Dated: - ~ {~ I a
AGREEMENT BETWEEN
THE CITY OF CHULA VISTA, AND
EsGIL CORPORATION
FOR PERMIT PROCESSING, BUILDING PLAN CHECK,
BUILDING INSPECTION, AND
CODE ENFORCEMENT SERVICES
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PARTIES AND RECITAL PAGE(S~
Agreement between
City of Chula Vista
and
EsGil Corporation
for Permit Processing, Building Plan Check, Building Inspection and
Code Enforcement Services
This agreement ("Agreement"), dated February 1, 2011 for the purposes of reference only,
and effective as of the date last executed unless another date is otherwise specified in Exhibit A
to this Agreement ("Exhibit A"), Pazagraph 1, is between the City-related entity whose name and
business form is indicated on Exhibit A, Paragraph 2, ("City"), and the entity whose name,
business form, place of business and telephone numbers are indicated on Exhibit A, Paragraphs 4
through 6, ("Consultant"), and is made with reference to the following facts:
Recitals
WHEREAS, City desires to employ the services of a consultant to provide building
permit processing, building plan review and building inspection of permitted building
construction projects, and City code enforcement services; and,
WHEREAS, City advertised for competitive requests for proposals for said services;
and,
WHEREAS, after reviewing submitted proposals and conducting interviews, Consultant
was chosen as one of three of the most qualified to provide said services; and
WHEREAS, at its sole discretion, City reserves the right to use or not use Consultant for
said services based on City's needs; and,
WHEREAS, Consultant warrants and represents that it is experienced and staffed in a
manner such that it can deliver the services required of Consultant to City in accordance with the
time frames and the terms and conditions of this Agreement.
[End of Recitals. Next Page Starts Obligatory Provisions.]
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OBLIGATORY PROVISIONS PAGES
NOW, THEREFORE, BE IT RESOLVED that the City and Consultant do hereby mutually
agree as follows:
All of the Recitals above aze incorporated into this Agreement by this reference.
ARTICLE I. CONSULTANT'S OBLIGATIONS
A. General
1. General Duties. Consultant shall perform all of the services described on Exhibit A,
Paragraph 7 ("General Duties").
2. Scope of Work and Schedule. In performing and delivering the General Duties,
Consultant shall also perform the services, and deliver to City the "Deliverables"
described in Exhibit A, Pazagraph 8, entitled "Scope of Work and Schedule," according
to, and within the time frames set forth in Exhibit A, Paragraph 8, time being of the
essence of this agreement. The General Duties and the work and Deliverables required in
the Scope of Work and Schedule shall be referred to as the "Defined Services." Failure to
complete the Defined Services by the times indicated does not, except at the option of the
City, terminate this Agreement.
a. Reductions in Scope of Work. City may independently, or upon request from
Consultant, from time to time, reduce the Defined Services to be performed by the
Consultant under this Agreement. Upon doing so, City and Consultant agree to meet
in good faith and confer for the purpose of negotiating a corresponding reduction in
the compensation associated with the reduction.
b. Additional Services. In addition to performing the Defined Services, City may
require Consultant to perform additional consulting services related to the Defined
Services ("Additional Services"), and upon doing so in writing, if they are within the
scope of services offered by Consultant, Consultant shall perform same on a time and
materials basis at the rates set forth in the "Rate Schedule" in Exhibit A,
Paragraph 10(C), unless a separate fixed fee is otherwise agreed upon. All
compensation for Additional Services shall be paid monthly as billed.
Standard of Care. The Consultant expressly warrants that the work to be performed
pursuant to this Agreement, whether Defined Services or Additional Services, shall be
performed in accordance with the standard of care ordinarily exercised by members of
the profession currently practicing under similar conditions and in similar locations.
a. No Waiver of Standard of Care. Where approval by City is required, it is understood
to be conceptual approval only and does not relieve the Consultant of responsibility
for complying with all laws, codes, industry standards, and liability for damages
caused by negligent acts, errors, omissions, noncompliance with industry standards,
or the willful misconduct of the Consultant or its subcontractors.
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B. Application of Laws. Should a federal or state law pre-empt a local law, or regulation, the
Consultant must comply with the federal or state law and implementing regulations. No
provision of this Agreement requires the Consultant to observe or enforce compliance with
any provision, perform any other act, or do any other thing in contravention of federal, state,
territorial, or local law, regulation, or ordinance. If compliance with any provision of this
Agreement violates or would require the Consultant to violate any law, the Consultant agrees
to notify City immediately in writing. Should this occur, the City and the Consultant agree
that they will make appropriate arrangements to proceed with or, if necessary, amend or
terminate this Agreement, or portions of it, expeditiously.
1. Subcontractors. Consultant agrees to take appropriate measures necessary to ensure that
all participants utilized by the Consultant to complete its obligations under this
Agreement, such as subcontractors, comply with all applicable laws, regulations,
ordinances, and policies, whether federal, state, or local, affecting Project
implementation. In addition, if a subcontractor is expected to fulfill any responsibilities of
the Consultant under this Agreement, the Consultant shall ensure that the subcontractor
carries out the Consultant's responsibilities as set forth in this Agreement.
C. Insurance
General. Consultant must procure and maintain, during the period of performance of this
Agreement, and for twelve months after completion, policies of insurance from insurance
companies to protect against claims for injuries to persons or damages to property that
may arise from or in connection with the performance of the work under this Agreement
and the results of that work by the Consultant, his agents, representatives, employees or
subcontractors, and provide documentation of same prior to commencement of work.
2. Minimum Scooe of Insurance. Coverage must be at least as broad as:
a. CGL. Insurance Services Office Commercial General Liability coverage (occurrence
Form CG0001).
b. Auto. Insurance Services Office Form Number CA 0001 covering Automobile
Liability, Code 1 (any auto).
c. WC. Workers' Compensation insurance as required by the State of California and
Employer's Liability Insurance.
d. E&O. Professional Liability or Errors & Omissions Liability insurance appropriate to
the Consultant's profession. Architects' and Engineers' coverage is to be endorsed to
include contractual liability.
3. Minimum Limits of Insurance. Consultant must maintain limits no less than those
included in the table below:
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i. General Liability: $1,000,000 per occurrence for bodily injury, personal injury,
(Including (including death), and property damage. If Commercial General
operations, Liability insurance with a general aggregate limit is used, either
products and the general aggregate limit must apply separately to this
completed Project/location or the general aggregate limit must be twice the
operations, as required occurrence limit.
a licable
ii. Automobile $1,000,000 per accident for bodily injury, including death, and
Liability: property damage.
iii. Workers' Statutory
Compensation $1,000,000 each accident
Employer's $1,000,000 disease-policy limit
Liabilit $1,000,000 disease-each em to ee
iv. Professional $1,000,000 each occurrence
Liability or Errors
& Omissions
Liabili
4. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must
be declared to and approved by the City. At the option of the City, either the insurer will
reduce or eliminate such deductibles or self-insured retentions as they pertain to the City,
its officers, officials, employees and volunteers; or the Consultant will provide a financial
guazantee satisfactory to the City guaranteeing payment of losses and related
investigations, claim administration, and defense expenses.
5. Other Insurance Provisions. The general liability, automobile liability, and where
appropriate, the worker's compensation policies are to contain, or be endorsed to contain,
the following provisions:
a. Additional Insureds. City of Chula Vista, its officers, officials, employees, agents,
and volunteers are to be named as additional insureds with respect to all policies of
insurance, including those with respect to liability arising out of automobiles owned,
leased, hired or borrowed by or on behalf of the Consultant, where applicable, and,
with respect to liability arising out of work or operations performed by or on behalf of
the Consultant, including providing materials, parts or equipment furnished in
connection with such work or operations. The general liability additional insured
coverage must be provided in the form of an endorsement to the Consultant's
insurance using ISO CG 2010 (11/85) or its equivalent. Specifically, the endorsement
must not exclude Products/Completed Operations coverage.
b. Primary Insurance. The Consultant's General Liability insurance coverage must be
primary insurance as it pertains to the City, its officers, officials, employees, agents,
and volunteers. Any insurance or self-insurance maintained by the City, its officers,
officials, employees, or volunteers is wholly separate from the insurance of the
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Consultant and in no way relieves the Consultant from its responsibility to provide
insurance.
c. Cancellation. The insurance policies required by this Agreement shall not be canceled
by either parry, except after thirty days' prior written notice to the City by certified
mail, return receipt requested. The words "will endeavor" and "but failure to mail
such notice shall impose no obligation or liability of any kind upon the company, its
agents, or representatives" shall be deleted from all certificates.
d. Active Negligence. Coverage shall not extend to any indemnity coverage for the
active negligence of the additional insured in any case where an agreement to
indemnify the additional insured would be invalid under Subdivision (b) of Section
2782 of the Civil Code.
e. Waiver of Subrogation. Consultant's insurer will provide a Waiver of Subrogation in
favor of the City for each required policy providing coverage for the term required by
this Agreement.
6. Claims Forms. If General Liability, Pollution and/or Asbestos Pollution Liability and/or
Errors & Omissions coverage aze written on a claims-made form:
a. Retro Date. The "Retro Date" must be shown, and must be before the date of the
Agreement or the beginning of the work required by the Agreement.
b. Maintenance and Evidence. Insurance must be maintained and evidence of insurance
must be provided for at least five yeazs after completion of the work required by the
Agreement.
c. Cancellation. If coverage is canceled or non-renewed, and not replaced with another
claims-made policy form with a "Retro Date" prior to the effective date of the
Agreement, the Consultant must purchase "extended reporting" coverage for a
minimum of five years after completion of the work required by the Agreement.
d. Copies. A copy of the claims reporting requirements must be submitted to the City
for review.
Acceptability of Insurers. Insurance is to be placed with licensed insurers admitted to
transact business in the State of California with a current A.M. Best's rating of no less
than A V. If insurance is placed with a surplus lines insurer, insurer must be listed on the
State of California List of Eligible Surplus Lines Insurers ("LESLI") with a current A.M.
Best's rating of no less than A X. Exception may be made for the State Compensation
Fund when not specifically rated.
8. Verification of Coverage. Consultant shall furnish the City with original certificates and
amendatory endorsements effecting coverage required by Section I.C. of this Agreement.
The endorsements should be on insurance industry forms, provided those endorsements
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or policies conform to the requirements of this Agreement. All certificates and
endorsements are to be received and approved by the City before work commences. The
City reserves the right to require, at any time, complete, certified copies of all required
insurance policies, including endorsements evidencing the coverage required by these
specifications.
9. Subcontractors. Consultant must include all subconsultants as insureds under its policies
or furnish separate certificates and endorsements for each subconsultant. All coverage for
subconsultants is subject to all of the requirements included in these specifications.
10. Not a Limitation of Other Oblieations. Insurance provisions under this Article shall not
be construed to limit the Consultant's obligations under this Agreement, including
Indemnity.
D. Security for Performance
1. Performance Bond. In the event that Exhibit A, at Pazagraph 18, indicates the need for
Consultant to provide a Performance Bond (indicated by a check mark in the
parenthetical space immediately preceding the subparagraph entitled "Performance
Bond"), then Consultant shall provide to the City a performance bond, in the amount
indicated at Exhibit A, Pazagraph 18, in the form prescribed by the City and by such
sureties which are authorized to transact such business in the State of California, listed as
approved by the United States Department of Treasury Circular 570,
htto //www.fms.treas.QOV/c57Q and whose underwriting limitation is sufficient to issue
bonds in the amount required by the Agreement, and which also satisfy the requirements
stated in Section 995.660 of the Code of Civil Procedure, except as provided otherwise
by laws or regulations. All bonds signed by an agent must be accompanied by a certified
copy of such agent's authority to act. Surety companies must be duly licensed or
authorized in the jurisdiction in which the Project is located to issue bonds for the limits
so required. Form must be satisfactory to the Risk Manager or City.
2. Letter of Credit. In the event that Exhibit A, at Paragraph 18, indicates the need for
Consultant to provide a Letter of Credit (indicated by a check mark in the parenthetical
space immediately preceding the subparagraph entitled "Letter of Credit"), then
Consultant shall provide to the City an irrevocable letter of credit callable by the City at
its unfettered discretion by submitting to the bank a letter, signed by the City Manager,
stating that the Consultant is in breach of the terms of this Agreement. The letter of
credit shall be issued by a bank, and be in a form and amount satisfactory to the Risk
Manager or City Attorney which amount is indicated in the space adjacent to the term,
"Letter of Credit," in Exhibit A, Pazagraph 18.
3. Other Security. In the event that Exhibit A, at Paragraph 18, indicates the need for
Consultant to provide security other than a Performance Bond or a Letter of Credit
(indicated by a check mazk in the parenthetical space immediately preceding the
subparagraph entitled "Other Security"), then Consultant shall provide to the City such
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other security therein listed in a form and amount satisfactory to the Risk Manager or
City Attorney.
E. Business License. Consultant agrees to obtain a business license from the City and to
otherwise comply with Title 5 of the Chula Vista Municipal Code.
ARTICLE II. CITY OBLIGATIONS
A. Consultation and Cooperation. City shall regulazly consult the Consultant for the purpose
of reviewing the progress of the Defined Services and Schedule, and to provide direction and
guidance to achieve the objectives of this Agreement. The City shall allow Consultant access
to its office facilities, files and records, as deemed necessary and appropriate by the City,
throughout the term of this Agreement. In addition, City agrees to provide the materials
identified at Exhibit A, Paragraph 9, with the understanding that delay in the provision of
those materials beyond thirty days after authorization to proceed, shall constitute a basis for
the justifiable delay in the Consultant's performance.
B. Compensation.
Following Receipt of Billing. Upon receipt of a properly prepared bill from Consultant,
submitted to the City as indicated in Exhibit A, Paragraph 17, but in no event more
frequently than monthly, on the day of the period indicated in Exhibit A, Paragraph 17,
City shall compensate Consultant for all services rendered by Consultant according to the
terms and conditions set forth in Exhibit A, Pazagraph 10, adjacent to the governing
compensation relationship indicated by a "checkmark" next to the appropriate
arrangement, subject to the requirements for retention set forth in Paragraph 18 of
Exhibit A, and shall compensate Consultant for out of pocket expenses as provided in
Exhibit A, Paragraph 11.
Supporting Information. Any billing submitted by Consultant shall contain sufficient
information as to the propriety of the billing, including properly executed payrolls, time
records, invoices, contracts, or vouchers describing in detail the nature of the charges to
the Project in order to permit the City to evaluate that the amount due and payable is
proper, and such billing shall specifically contain the City's account number indicated on
Exhibit A, Paragraph 17(C) to be charged upon making such payment.
3. Exclusions. In determining the amount of the compensation City will exclude any cost:
1) incurred prior to the effective date of this Agreement; or 2) azising out of or related to
the errors, omissions, negligence or acts of willful misconduct of the Consultant, its
agents, employees, or subcontractors.
a. Errors and Omissions. In the event that the City Administrator determines that
the Consultant's negligence, errors, or omissions in the performance of work
under this Agreement has resulted in expense to City greater than would have
resulted if there were no such negligence, errors, omissions, Consultant shall
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reimburse City for any additional expenses incurred by the City. Nothing in this
paragraph is intended to limit City's rights under other provisions of this
Agreement.
4. Payment Not Final Approval. The Consultant understands and agrees that payment to the
Consultant for any Project cost does not constitute a City final decision about whether
that cost is allowable and eligible for payment under the Project and does not constitute a
waiver of any violation of Consultant of the terms of the Agreement. The Consultant
acknowledges that City will not make a fmal determination about the eligibility of any
cost until the final payment has been made on the Project or the results of an audit of the
Project requested by the City has been completed, whichever occurs latest. If City
determines that the Consultant is not entitled to receive any portion of the compensation
due or paid, City will notify the Consultant in writing, stating its reasons. The Consultant
agrees that Project closeout will not alter the Consultant's responsibility to return any
funds due City as a result of later refunds, corrections, or other similar transactions; nor
will Project closeout alter the right of City to disallow costs and recover funds provided
for the Project on the basis of a later audit or other review.
a. Consultant's Obligation to Pay. Upon notification to the Consultant that specific
amounts are owed to City, whether for excess payments or disallowed costs, the
Consultant agrees to remit to City promptly the amounts owed, including applicable
interest.
ARTICLE III. ETHICS
A. Financial Interests of Consultant
1. Consultant is Desienated as an FPPC Filer. If Consultant is designated on Exhibit A,
Paragraph 14, as an "FPPC filer," Consultant is deemed to be a "Consultant" for the
purposes of the Political Reform Act conflict of interest and disclosure provisions, and
shall report economic interests to the City Clerk on the required Statement of Economic
Interests in such reporting categories as are specified in Paragraph 14 of Exhibit A, or if
none aze specified, then as determined by the City Attorney.
2. No Participation in Decision. Regardless of whether Consultant is designated as an FPPC
Filer, Consultant shall not make, or participate in making or in any way attempt to use
ConsultanPs position to influence a governmental decision in which Consultant knows or
has reason to know Consultant has a financial interest other than the compensation
promised by this Agreement.
3. Search to Determine Economic Interests. Regardless of whether Consultant is designated
as an FPPC Filer, Consultant warrants and represents that Consultant has diligently
conducted a search and inventory of Consultant's economic interests, as the term is used
in the regulations promulgated by the Fair Political Practices Commission, and has
determined that Consultant does not, to the best of Consultant's knowledge, have an
economic interest which would conflict with Consultant's duties under this Agreement.
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4. Promise Not to Acquire Conflicting Interests. Regardless of whether Consultant is
designated as an FPPC Filer, Consultant further warrants and represents that Consultant
will not acquire, obtain, or assume an economic interest during the term of this
Agreement which would constitute a conflict of interest as prohibited by the Fair Political
Practices Act.
5. Duty to Advise of Conflictin¢ Interests. Regardless of whether Consultant is designated
as an FPPC Filer, Consultant further warrants and represents that Consultant will
immediately advise the City Attorney if Consultant learns of an economic interest of
Consultant's that may result in a conflict of interest for the purpose of the Fair Political
Practices Act, and regulations promulgated thereunder.
6. Snecific Warranties A¢ainst Economic Interests. Consultant warrants, represents and
agrees that:
a. Neither Consultant, nor Consultant's immediate family members, nor Consultant's
employees or agents ("Consultant Associates") presently have any interest, directly or
indirectly, whatsoever in any property which may be the subject matter of the Defined
Services, or in any property within 2 radial miles from the exterior boundaries of any
property which may be the subject matter of the Defined Services, ("Prohibited
Interest"), other than as listed in Exhibit A, Paragraph 14.
b. No promise of future employment, remuneration, consideration, gratuity or other
reward or gain has been made to Consultant or Consultant Associates in connection
with Consultant's performance of this Agreement. Consultant promises to advise City
of any such promise that may be made during the Term of this Agreement, or for
twelve months thereafter.
c. Consultant Associates shall not acquire any such Prohibited Interest within the Term
of this Agreement, or for twelve months after the expiration of this Agreement,
except with the written permission of City.
d. Consultant may not conduct or solicit any business for any party to this Agreement,
or for any third party that may be in conflict with Consultant's responsibilities under
this Agreement; except with the written permission of City.
N. LIQUIDATED DAMAGES
A. Application of Section. The provisions of this section apply if a Liquidated Damages Rate
is provided in Exhibit A, Pazagraph 13.
Estimative Damages. It is acknowledged by both parties that time is of the essence in the
completion of this Agreement. It is difficult to estimate the amount of damages resulting
from delay in performance. The parties have used their judgment to arrive at a reasonable
amount to compensate for delay.
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2. Amount of Penalty. Failure to complete the Defined Services within the allotted time
period specified in this Agreement shall result in the following penalty: For each
consecutive calendar day in excess of the time specified for the completion of the
respective work assignment or Deliverable, the Consultant shall pay to the City, or have
withheld from monies due, the sum of Liquidated Damages Rate provided in Exhibit A,
Paragraph 13 ("Liquidated Damages Rate").
3. Request for Extension of Time. If the performance of any act required of Consultant is
directly prevented or delayed by reason of strikes, lockouts, labor disputes, unusual
governmental delays, acts of God, fire, floods, epidemics, freight embargoes, or other
causes beyond the reasonable control of the Consultant, as determined by the City,
Consultant shall be excused from performing that act for the period of time equal to the
period of time of the prevention or delay. In the event Consultant claims the existence of
such a delay, the Consultant shall notify the City's Contract Administrator, or designee, in
writing of that fact within ten calendar days after the beginning of any such claimed
delay. Extensions of time will not be granted for delays to minor portions of work unless
it can be shown that such delays did or will delay the progress of the work.
ARTICLE V. INDEMNIFICATION
A. Defense, Indemnity, and Hold Harmless.
1. General Requirement. Except for liability for Design Professional Services covered
under Article V., Section A.2., Consultant shall defend, indemnify, protect and hold
harmless the City, its elected and appointed officers, agents and employees, from and
against any and all claims, demands, causes of action, costs, expenses, liability, loss,
damage or injury, in law or equity, to property or persons, including wrongful death, in
any manner arising out of or incident to any alleged acts, omissions, negligence, or
willful misconduct of Consultant, its officials, officers, employees, agents, and
contractors, arising out of or in connection with the performance of the Defined Services
or this Agreement. This indemnity provision does not include any claims, damages,
liability, costs and expenses (including without limitations, attorneys fees) arising from
the sole negligence, active negligence or willful misconduct of the City, its officers,
employees. Also covered is liability arising from, connected with, caused by or claimed
to be caused by the active or passive negligent acts or omissions of the City, its agents,
officers, or employees which may be in combination with the active or passive negligent
acts or omissions of the Consultant, its employees, agents or officers, or any third party.
2. Design Professional Services. If Consultant provides design professional services, as
defined by California Civil Code section 2782.5, as may be amended from time to time,
Consultant shall defend, indemnify and hold the City, its officials, officers, employees,
volunteers, and agents free and harmless from any and all claims, demands, causes of
action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or
persons, including wrongful death, in any manner arising out of, pertaining to, or relating
to the negligence, recklessness, or willful misconduct of Consultant, its officials, officers,
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employees, agents, consultants, and contractors arising out of or in connection with the
performance of Consultant's services. Consultant's duty to defend, indemnify, and hold
harmless shall not include any claims or liabilities arising from the sole negligence, active
negligence or willful misconduct of the City, its agents, officers or employees. This
section in no way alters, affects or modifies the Consultant's obligations and duties under
this Agreement.
3. Costs of Defense and Award. Included in the obligations in Sections A.1 and A.2, above,
is the Consultant's obligation to defend, at Consultant's own cost, expense and risk, any
and all suits, actions or other legal proceedings, that may be brought or instituted against
the City, its directors, officials, officers, employees, agents and/or volunteers, subject to
the limitations in Sections A.1. and A.2. Consultant shall pay and satisfy any judgment,
award or decree that may be rendered against City or its directors, officials, officers,
employees, agents and/or volunteers, for any and all related legal expenses and costs
incurred by each of them, subject to the limitations in Sections A.1. and A.2.
4. Insurance Proceeds. Consultant's obligation to indemnify shall not be restricted to
insurance proceeds, if any, received by the City, its directors, officials, officers,
employees, agents, and/or volunteers.
5. Declarations. Consultant's obligations under Article V shall not be limited by any prior
or subsequent declaration by the Consultant.
6. Enforcement Costs. Consultant agrees to pay any and all costs City incurs enforcing the
indemnity and defense provisions set forth in Article V.
7. Survival. Consultant's obligations under Article V shall survive the termination of this
Agreement.
ARTICLE VI. TERMINATION OF AGREEMENT
A. Termination for Cause. If, through any cause, Consultant shall fail to fulfill in a timely and
proper manner Consultant's obligations under this Agreement, or if Consultant shall violate
any of the covenants, agreements or stipulations of this Agreement, City shall have the right
to terminate this Agreement by giving written notice to Consultant of such termination and
specifying the effective date thereof at least five (5) days before the effective date of such
termination. In that event, all finished or unfinished documents, data, studies, surveys,
drawings, maps, reports and other materials prepared by Consultant shall, at the option of the
City, become the property of the City, and Consultant shall be entitled to receive just and
equitable compensation, in an amount not to exceed that payable under this Agreement and
less any damages caused City by Consultant's breach, for any work satisfactorily completed
on such documents and other materials up to the effective date of Notice of Termination,.
B. Termination of Agreement for Convenience of City. City may terminate this Agreement
at any time and far any reason, by giving specific written notice to Consultant of such
termination and specifying the effective date thereof, at least thirty (30) days before the
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effective date of such termination. In that event, all finished and unfinished documents and
other materials described hereinabove shall, at the option of the City, become City's sole and
exclusive property. If the Agreement is terminated by City as provided in this paragraph,
Consultant shall be entitled to receive just and equitable compensation, in an amount not to
exceed that payable under this Agreement, for any satisfactory work completed on such
documents and other materials to the effective date of such termination. Consultant hereby
expressly waives any and all claims for damages or compensation arising under this
Agreement except as set forth in this section.
ARTICLE VII. RECORD RETENTION AND ACCESS
A. Record Retention. During the course of the Project and for three (3) years following
completion, the Consultant agrees and to maintain, intact and readily accessible, all data,
documents, reports, records, contracts, and supporting materials relating to the Project as City
may require.
B. Access to Records of Consultant and Subcontractors. The Consultant agrees to permit,
and require its subcontractors to permit City or its authorized representatives, upon request,
to inspect all Project work, materials, payrolls, and other data, and to audit the books,
records, and accounts of the Contractor and its subcontractors pertaining to the Project.
C. Project Closeout. The Consultant agrees that Project closeout does not alter the reporting
and record retention requirements of this Agreement.
ARTICLE VIII. PROJECT COMPLETION, AUDIT, AND CLOSEOUT
A. Project Completion. Within ninety (90) calendar days following Project completion or
termination by City, Consultant agrees to submit a final certification of Project expenses and
audit reports, as applicable.
B. Audit of Consultants. Consultant agrees to perform financial and compliance audits the
City may require. The Consultant also agrees to obtain any other audits required by City.
Consultant agrees that Project closeout will not alter Consultant's audit responsibilities. Audit
costs are allowable Project costs.
C. Project Closeout. Project closeout occurs when City notifies the Consultant that City has
closed the Project, and either forwards the final payment or acknowledges that the Consultant
has remitted the proper refund. The Consultant agrees that Project closeout by City does not
invalidate any continuing requirements imposed by the Agreement or any unmet
requirements set forth in a written notification from Ciry
ARTICLE IX. MISCELLANEOUS PROVISIONS
A. Assignability. The services of Consultant are personal to the City, and Consultant shall not
assign any interest in this Agreement, and shall not transfer any interest in the same (whether
by assignment or notation), without prior written consent of City.
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1. Limited Consent. City hereby consents to the assignment of the portions of the Defined
Services identified in Exhibit A, Paragraph 16 to the subconsultants identified as
"Permitted subconsultants".
B. Ownership, Publication, Reproduction and Use of Material. All reports, studies,
information, data, statistics, forms, designs, plans, procedures, systems and any other
materials or properties produced under this Agreement shall be the sole and exclusive
property of City. No such materials or properties produced in whole or in part under this
Agreement shall be subject to private use, copyrights or patent rights by Consultant in the
United States or in any other country without the express written consent of City. City shall
have unrestricted authority to publish, disclose (except as may be limited by the provisions of
the Public Records Act), distribute, and otherwise use, copyright or patent, in whole or in
part, any such reports, studies, data, statistics, forms or other materials or properties produced
under this Agreement.
C. Independent Contractor. City is interested only in the results obtained and Consultant shall
perform as an independent contractor with sole control of the manner and means of
performing the services required under this Agreement. City maintains the right only to
reject or accept Consultant's work products. Consultant and any of the Consultant's agents,
employees or representatives are, for all purposes under this Agreement, independent
contractors and shall not be deemed to be employees of City, and none of them shall be
entitled to any benefits to which City employees are entitled including but not limited to,
overtime, retirement benefits, worker's compensation benefits, injury leave or other leave
benefits. Therefore, City will not withhold state or federal income tax, social security tax or
any other payroll tax, and Consultant shall be solely responsible for the payment of same and
shall hold the City harmless with regard to them.
Actions on Behalf of City. Except as City may specify in writing, Consultant shall have
no authority, express or implied, to act on behalf of City in any capacity whatsoever, as
an agent or otherwise. Consultant shall have no authority, express or implied, to bind
City or its members, agents, or employees, to any obligation whatsoever, unless expressly
provided in this Agreement.
2. No Obligations to Third Parties. In connection with the Project, Consultant agrees and
shall require that it's agents, employees, subcontractors agree that City shall not be
responsible for any obligations or liabilities to any third party, including its agents,
employees, subcontractors, or other person or entity that is not a party to this Agreement.
Notwithstanding that City may have concurred in or approved any solicitation,
subagreement, or third party contract at any tier, City shall have no obligation or liability
to any person or entity not a party to this Agreement.
D. Administrative Claims Requirements and Procedures. No suit or arbitration shall be
brought arising out of this Agreement, against City unless a claim has first been presented in
writing and filed with City and acted upon by City in accordance with the procedures set
forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may from time to time be
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amended, the provisions of which aze incorporated by this reference as if fully set forth
herein, and such policies and procedures used by City in the implementation of same. Upon
request by City, Consultant shall meet and confer in goad faith with City for the purpose of
resolving any dispute over the terms of this Agreement.
E. Administration of Contract. Each party designates the individuals ("Contract
Administrators") indicated on Exhibit A, Paragraph 12, as that party's contract administrator
who is authorized by the party to represent it in the routine administration of this Agreement.
Term. This Agreement shall terminate when the parties have complied with all executory
provisions hereof.
G. Attorney's Fees. Should a dispute arising out of this Agreement result in litigation, it is
agreed that the prevailing party shall be entitled to a judgment against the other for an
amount equal to reasonable attorneys' fees and court costs incurred. The "prevailing party"
shall be deemed to be the party who is awarded substantially the relief sought.
H. Statement of Costs. In the event that Consultant prepares a report or document, or
participates in the preparation of a report or document in performing the Defined Services,
Consultant shall include, or cause the inclusion of, in the report or document, a statement of
the numbers and cost in dollar amounts of all contracts and subcontracts relating to the
preparation of the report or document.
I. Consultant is Real Estate Broker and/or Salesman. If the box on Exhibit A, Paragraph 15
is mazked, the Consultant and/or is principals is/are licensed with the State of California or
some other state as a real estate broker or salesperson. Otherwise, Consultant represents that
neither Consultant, nor its principals are licensed real estate brokers or salespersons.
Notices. All notices, demands or requests provided for or permitted to be given pursuant to
this Agreement must be in writing. All notices, demands and requests to be sent to any party
shall be deemed to have been properly given or served if personally served or deposited in
the United States mail, addressed to such party, postage prepaid, registered or certified, with
return receipt requested, at the addresses identified in this Agreement as the places of
business for each of the designated parties.
K. Integration. This Agreement, together with any other written document referred to or
contemplated in it, embody the entire Agreement and understanding between the parties
relating to the subject matter hereof. Neither this Agreement nor any provision of it may be
amended, modified, waived or discharged except by an instrument in writing executed by the
party against which enforcement of such amendment, waiver or discharge is sought.
L. Capacity of Parties. Each signatory and party to this Agreement warrants and represents to
the other party that it has legal authority and capacity and direction from its principal to enter
into this Agreement, and that all necessary resolutions or other actions have been taken so as
to enable it to enter into this Agreement.
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M. Governing Law/Venue. This Agreement shall be governed by and construed in accordance
with the laws of the State of California. Any action arising under or relating to this
Agreement shall be brought only in the federal. or state courts located in San Diego County,
State of California, and if applicable, the City of Chula Vista, or as close thereto as possible.
Venue for this Agreement, and performance under it, shall be the City of Chula Vista.
(End of page. Next page is signature page.)
Page 15
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r
Signature Page
to
Agreement between
City of Chula Vista and
EsGil Corporation
for Permit Processing, Building Plan Check, Building Inspection and
Code Enforcement Services
IN WITNESS WHEREOF, City and Consultant have executed this Agreement,
indicating that they have read and understood same, and indicate their full and complete consent
to its terms:
Dated:
City of Chula Vista
By:
Cheryl Cox, Mayor
Attest:
Donna Norris, City Clerk
Approved as to form:
Glen Googins, City Attorney
Dated:
EsGil Corporation
By: ~/~~
Kurt Culver, President
By:
Exhibit List to Agreement (X) Exhibit A.
Page 16
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Exhibit A
to
Agreement between
City of Chula Vista
and
EsGil Corporation
for Permit Processing, Building Plan Check, Building Inspection and
Code Enforcement Services
1. Effective Date of Agreement: February 1, 2011.
2. City-Related Entity:
(X) City of Chula Vista, a municipal chartered corporation of the State of Califomia
()Redevelopment Agency of the City of Chula Vista, a political subdivision of the State of
Califomia
OIndustrial Development Authority of the City of Chula Vista, a
OOther: , a [insert business form]
(,~CitS,~~)
3. Place of Business for City:
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
4. Consultant: EsGil Corporation
5. Business Form of Consultant:
OSole Proprietorship
( )Partnership
(X) Corporation
6. Place of Business, Telephone and Fax Number of Consultant:
9320 Chesapeake Drive, Suite 208
San Diego, CA 92123
Tel: (858) 560-1468
Fax: (858) 560-1576
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7. General Duties:
The Consultant shall provide professional building permit processing, building plan
check and building inspection of permitted building construction projects, and City code
enforcement services as requested by the City per Section 8, "Scope of Work and Schedule"
For permit processing, building inspection and code enforcement services, Consultant
shall provide City with qualified individuals to be located at City facilities and perform as an
extension of staff. Selection of these individuals will be further subject to approval by City. Plan
review services will be provided by Consultant at Consultant's place of business. City reserves
the right to also have Consultant provide City with qualified plan review individuals to be
located at City facilities and perfoan as an extension of staff.
Performance on all work is subject to the satisfaction of the City's Building Official.
8. Scope of Work and Schedule:
A. Detailed Scope of Work:
Permit Processing Services
1. When requested by City, Consultant shall provide City with qualified individuals
to be located at City facilities and perform as an extension of staff under the
supervision of the counter supervisor with the knowledge, skills and abilities to
perform the following functions:
Enter permit and business license data into the automated database; research,
compile and prepare various limited reports and presentation graphics; assist the
general public at the front counter or by phone regarding building, planning and
engineering permit requirements, plan check fees, plan check filing procedures
and processing, and permit status; research information for public; accept permit
and business license applications and collect permit fees; review and evaluate
plans for completeness and for conformance with ordinances and department
standards, policies and guidelines; review plans for conditions of prior approval;
route plans to other city departments for review; approve minor permits; research
and respond to public inquiries; build and maintain positive working relationships
with co-workers, City employees and the public using principles of good
customer service; and perform related duties as assigned.
Selection of these individuals will be further subject to approval by City.
Plan Check Services
2. The Consultant shall perform initial plan review of submitted plans, to include
State regulated occupancies such as public schools (per DSA) and clinics (per
OSHPD 3), to determine compliance with City and State codes and regulations:
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California Building Code; California Plumbing Code; California Mechanical
Code; California Electrical Code; Califomia Fire Code; California Energy Code;
Califomia Green Building Standards Code; Califomia Disabled Access
Regulations; California Title 25, Mobile Home Parks; State Water Resource
Control Board regulations related to storm water pollution prevention; Sound
Transmission Control; and, locally adopted building ordinances and amendments
thereof.
3. The Consultant shall provide the applicant's designee and the City, a typed list of
items needing clarification or change to achieve conformance with the above
regulations.
4. The Consultant shall perform all necessary liaison with the applicant's designee,
either by telephone, mail or meeting in Consultant's office and all necessary
rechecks to achieve conformance to the regulations.
5. The Consultant shall provide recommendations and act as liaison to the Building
Official, or his designee, either by mail, telephone or in Consultant's office, to
insure compliance with Chula Vista Municipal Code Section 15.06.045,
"Alternate Materials, Methods of Design and Methods of Construction", and
Section 15.06.060(J), "Modifications.", and to insure compliance with local
policy interpretations.
6. The Consultant shall attend meetings related to proposed building projects at the
request of the Building Official at locations other than Consultant's office.
7. The Consultant shall perform plan reviews of revisions to plans that have
previously been approved for permit issuance, or perform plan reviews of changes
to plans prior to such approval.
8. The Consultant shall provide City with monthly plan review status reports for all
projects assigned.
9. When requested by City, Consultant shall provide City with qualified plan review
individuals to be located at City facilities and perform as an extension of staff.
Selection of these individuals will be further subject to approval by City.
Building Inspection Services
10. When requested by City, Consultant shall provide City with qualified building
inspection individuals to be located at City facilities and perform as an extension
of staff. Selection of these individuals will be further subject to approval by City.
11. Consultant staff assigned to City shall provide next-workday inspections of all
requested inspections and re-inspections for compliance with City and State codes
and regulations: California Building Code; California Plumbing Code; California
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Mechanical Code; California Electrical Code; California Fire Code; California
Energy Code; California Green Building Standards Code; California Disabled
Access Regulations; Califomia Title 25, Mobile Home Parks; State Water
Resource Control Board regulations related to storm water pollution prevention;
Sound Transmission Control; and; locally adopted building ordinances and
amendments thereof.
12. Consultant staff assigned to City shall coordinate with the Building Official on all
discretionary decisions or requests for alternate materials or types of construction.
13. Consultant staff assigned to City shall coordinate with the Building Official on all
Certificate of Occupancy to be sure that all applicable City regulatory agencies
have approved the project.
Code Enforcement Services
14. When requested by City, Consultant shall provide City with qualified code
enforcement individuals to be located at City facilities and perform as an
extension of staff. Selection of these individuals will be further subject to
approval by City.
15. Consultant staff assigned to City shall provide investigations of potential
violations of the Chula Vista Municipal Code; Califomia Building Code;
California Plumbing Code; California Mechanical Code; California Electrical
Code; California Fire Code; Califomia Energy Code; Califomia Green Building
Standards Code; Uniform Housing Code; Abatement of Substandard Buildings
Code; California Disabled Access Regulations; California Title 25, Mobile Home
Parks; State Water Resource Control Board regulations related to storm water
pollution prevention; Sound Transmission Control; and, locally adopted
ordinances and amendments thereof.
16. Consultant staff assigned to City shall investigate complaints from citizens to
determine validity and the existence of violations of regulations, laws and codes.
17. Consultant staff assigned to City shall testify at appeal hearings and in superior
court.
18. Consultant staff assigned to City shall provide inspection and re-inspections as
needed.
19. Consultant staff assigned to City shall maintain all inspection records for all
assigned projects, document phone calls, e-mails, and meetings in case files.
20. Consultant staff assigned to City shall follow-up to complaints on dates specified.
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21. Consultant staff assigned to City shall process cases in conformance with policies
and procedures of the Code Enforcement Division.
22. Consultant staff assigned to City shall attend meetings related to code
enforcement matters at locations other than the Consultant's office and the City's
office.
23. Consultant staff assigned to City shall attend periodic evening meetings and/or
travel within and out of City boundaries.
B. Date for Commencement of Consultant Services:
(X) Same as Effective Date of Agreement
OOther:
C. Dates or Time Limits for Delivery of Deliverables:
Deliverable No. 1: Following City's request for plan review, the Consultant shall
complete the review within the following turnaround times:
T e of Pro'ect Turnaround Time
Sin le Famil Dwellin /Du lex 7 Workin da s
A aztments/Condominiums 10 Workin da s
Tenant Im rovements 7 Workin da s
Commercial/Industrial 12 Workin da s
Rechecks 5 Workin da s
Plan Chan e 5 Workin da s
Deliverable No. 2: No later than 3 workdays after completion of each plan check,
Consultant shall submit to City in writing a plan check correspondence which shall
contain the following information:
1. The day of the week and date the plans were received by Consultant from City;
2. The day of the week and date the plan check was completed by Consultant;
3. The day of the week and date the applicant's designee was notified by Consultant
the plan check was completed;
4. The number of workdays Consultant took to complete the plan check; and,
5. The list of items needing correction or change to achieve conformance with the
regulations under Section 8.A.2.
Deliverable No. 3: Consultant staff assigned to City shall provide next-workday
inspection of requested inspections that aze assigned to Consultant and enter results in the
City's pemut tracking system the same day of the inspection, and complete all
appropriate paperwork associated with the assigned inspections.
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Deliverable No. 4: Consultant staff assigned to City shall provide next-workday
investigation and inspection of requested code enforcement complaints that are assigned
to Consultant and enter results in the City's permit tracking system the same day of the
inspection, and
Deliverable No. 5: Consultant staff assigned to City shall complete all appropriate
paperwork associated with special code enforcement projects assigned to Consultant.
D. Date far completion of all Consultant services:
Januarv 31, 2014. Should City and Consultant mutually agree, the term of this agreement
may be extended for additional one year terms for a total of three yeazs. If all three one year
terms are agreed upon, the date for completion shall be January 31, 2017.
9. Materials Required to be Supplied by City to Consultant:
A. Provide those items supplied by the applicant, to allow plan checking to be
completed. This may include complete plans, construction specifications,
designated contact person, and any items unique to a particular project.
B. Provide Consultant with copies of or refer Consultant to any City ordinances
modifying the regulations adopted by the State of California.
C. Provide access to City's office facilities, files and records as City deems applicable
to projects assigned to Consultant.
D. Provide, from the applicant, the necessary items to allow building inspection to be
completed. This includes complete plans, construction specifications, designated
contact person, and any items unique to a particular project.
E. Provide, from the complainant, the necessary items to allow code enforcement
investigation and inspection to be completed. This includes the case file of the
assigned complaint.
F. Access to City's permit tracking system to record inspection results.
10. Compensation:
A. (X) Single Fixed Fee Arrangement.
For performance of all of the Defined Services by Consultant as herein required, City shall
pay a single fixed fee in the amounts and at the times or milestones or for the Deliverables set
forth below:
a. Compensation for each plan review under Section 8.A.2 through Section 8.A.6 shall
be 69-percent of the Building Division's portion of the City's adopted Plan Check
Fee as set forth in the City's Master Fee Schedule and includes the initial check and
all re-checks.
b. Section 8.A.7 revisions/changes shall be compensated pursuant to (a) above or (c)
below in connection with the related plan review.
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c. Compensation for each position hired as extension of staff, or the hourly charge for
other Ciry requested services not compensated pursuant to (a) or (b) above shall be
based on the rate schedule below:
Rate Schedule
Classification Hourly Rate
$/hr
Su ervisin Structural En ineer 135
CAS Certified Access Examiner 120
LEED Certified Plans Examiner 120
Structural En ineer 120
Plan Check En ineer 105
Su ervisin Buildin Ins ector 95
Plans Examiner 90
Buildin Ins ector 90
Code Enforcement Ins ector 90
Permit S ecialist/Counter Technician 75
() 1. Interim Monthly Advances. The City shall make interim monthly advances
against the compensation due for each phase on a percentage of completion basis for
each given phase such that, at the end of each phase only the compensation for that
phase has been paid. Any payments made hereunder shall be considered as interest
free loans that must be returned to the City if the Phase is not satisfactorily
completed. If the Phase is satisfactorily completed, the City shall receive credit
against the compensation due for that phase. The retention amount or percentage set
forth in Paragraph 19 is to be applied to each interim payment such that, at the end of
the phase, the full retention has been held back from the compensation due for that
phase. Percentage of completion of a phase shall be assessed in the sole and
unfettered discretion by the Contracts Administrator designated herein by the City, or
such other person as the City Manager shall designate, but only upon such proof
demanded by the City that has been provided, but in no event shall such interim
advance payment be made unless the Contractor shall have represented in writing that
said percentage of completion of the phase has been performed by the Contractor.
The practice of making interim monthly advances shall not convert this agreement to
a time and materials basis of payment.
B. OPhased Fixed Fee Arrangement.
For the performance of each phase or portion of the Defined Services by Consultant as are
separately identified below, City shall pay the fixed fee associated with each phase of Services,
in the amounts and at the times or milestones or Deliverables set forth. Consultant shall not
commence Services under any Phase, and shall not be entitled to the compensation for a Phase,
unless City shall have issued a notice to proceed to Consultant as to said Phase.
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Phase
1.
2.
3.
Fee for Said Phase
O 1. Interim Monthly Advances. The City shall make interim monthly advances
against the compensation due for each phase on a percentage of completion basis for
each given phase such that, at the end of each phase only the compensation for that
phase has been paid. Any payments made hereunder shall be considered as interest
free loans that must be returned to the City if the Phase is not satisfactorily
completed. If the Phase is satisfactorily completed, the City shall receive credit
against the compensation due for that phase. The retention amount or percentage set
forth in Paragraph 19 is to be applied to each interim payment such that, at the end of
the phase, the full retention has been held back from the compensation due for that
phase. Percentage of completion of a phase shall be assessed in the sole and
unfettered discretion by the Contracts Administrator designated herein by the City, or
such other person as the City Manager shall designate, but only upon such proof
demanded by the City that has been provided, but in no event shall such interim
advance payment be made unless the Contractor shall have represented in writing that
said percentage of completion of the phase has been performed by the Contractor.
The practice of making interim monthly advances shall not convert this agreement to
a time and materials basis of payment.
C. OHourly Rate Arrangement
For performance of the Defined Services by Consultant as herein required, City shall pay
Consultant for the productive hours of time spent by Consultant in the performance of said
Services, at the rates or amounts set forth in the Rate Schedule herein below according to the
following terms and conditions:
(1) ONot-to-Exceed Limitation on Time and Materials Arrangement
Notwithstanding the expenditure by Consultant of time and materials in excess of said
Maximum Compensation amount, Consultant agrees that Consultant will perform all of
the Defined Services herein required of Consultant for $
including all Materials, and other "reimbursables" ("Maximum Compensation").
(2) OLimitation without Further Authorization on Time and Materials Arrangement
At such time as Consultant shall have incurred time and materials equal to
$ ("Authorization Limit"), Consultant shall not be entitled
to any additional compensation without further authorization issued in writing and
approved by the City. Nothing herein shall preclude Consultant from providing additional
Services at Consultant's own cost and expense. See Exhibit B for wage rates.
Page 24
3-30
( )Hourly rates may increase by 6% for services rendered after [month], 20, if delay
in providing services is caused by City.
11. Materials Reimbursement Arrangement
For the cost of out of pocket expenses incurred by Consultant in the performance of services
herein required, City shall pay Consultant at the rates or amounts set forth below:
(X) None, the compensation includes all costs.
Cost or Rate
O Reports, not to exceed $ $
O Copies, not to exceed $ $
O Travel, not to exceed $ $
O Printing, not to exceed $ $
O Postage, not to exceed $ $
() Delivery, not to exceed $ $
O Outside Services: $
() Other Actual Identifiable Direct Costs: $
not to exceed $ $
,not to exceed $ $
12. Contract Administrators:
City: Lou El-Khazen, Building Official, Development Services Department, City of
Chula Vista, 276 Fourth Ave., Chula Vista, CA 91910, Tel: (619) 409-1960,
Email: lelkhazen(a~ci chula-vista.ca.us .
Consultant: Kurt Culver, President, EsGil Corporation, 9320 Chesapeake Drive, Suite
208, San Diego, CA 92123, Tel: (858) 560-1468, Email:
kculver(cr~eseil.com .
13. Liquidated Damages Rate:
O $-
OOther:
per day.
14. Statement of Economic Interests, Consultant Reporting Categories, per Conflict of Interest
Code (Chula Vista Municipal Code chapter 2.02):
(X) Not Applicable. Not an FPPC Filer.
Page 25
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( ) FPPC Filer
Category No. 1. Investments, sources of income and business interests
Category No. 2. Interests in real property.
()Category No. 3. Investments, business positions, interests in real property, and
sources of income subject to the regulatory, permit or licensing authority of the
department administering this Agreement.
()Category No. 4. Investments and business positions in business entities and sources of
income that engage in land development, construction or the acquisition or sale of
real property.
()Category No. 5. Investments and business positions in business entities and sources
of income that, within the past two years, have contracted with the City of Chula
Vista or the City's Redevelopment Agency to provide services, supplies, materials,
machinery or equipment.
()Category No. 6. Investments and business positions in business entities and sources of
income that, within the past two years, have contracted with the department
administering this Agreement to provide services, supplies, materials, machinery or
equipment.
OList "Consultant Associates" interests in real property within 2 radial miles of Project
Property, if any:
15. ()Consultant is Real Estate Broker and/or Salesman
16. Permitted Sub-consultants: None.
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3-32
17. Bill Processing:
A. Consultant's Billing to be submitted for the following period of time:
(X) Monthly
OQuarterly
()Other: _
B. Day of the Period for submission of Consultant's Billing:
( ) First of the Month
O 15th Day of each Month
(?Q End of the Month
OOther:
C. City's Account Number: To be provided by City
18. Security for Performance
( ).Performance Bond, $
()Letter of Credit, $_
OOther Security:
Type:
Amount: $
Retention. If this space is checked, then notwithstanding other provisions to the contrary
requiring the payment of compensation to the Consultant sooner, the City shall be entitled
to retain, at their option, either the following "Retention Percentage" or "Retention
Amount" until the City determines that the Retention Release Event, listed below, has
occurred:
ORetention Percentage:
ORetention Amount: $_
Retention Release Event:
( )Completion of All Consultant Services
( )Other:
Page 27
3-33
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE AGREEMENT BETWEEN
BUREAU VERITAS NORTH AMERICA CORPORATION AND
THE CITY OF CHULA VISTA TO PROVIDE BUILDING
PERMIT PROCESSING, PLAN REVIEW, INSPECTION AND
CODE ENFORCEMENT SERVICES, AND AUTHORIZING
AND DIRECTING THE MAYOR TO EXECUTE SAID
AGREEMENT
WHEREAS, current staffing levels are inadequate to address spikes in development
review activity; and
WHEREAS, unreasonable delays in the processing and inspection of building permits is
an obstacle to economic recovery and a hardship to permit applicants; and
WHEREAS, in anticipation of an economic recovery in the construction industry, staff
distributed and advertised a request for proposal for permit processing, plan check, inspection
and code enforcement services; and
WHEREAS, a Selection Committee evaluated nine responses using apre-established list
of evaluation criteria and interviewed the top-five firms, and after a thorough evaluation,
recommended that the City contract with Bureau Veritas North America Corporation for these
services on an as needed basis; and
WHEREAS, plan check and permit fees provide sufficient revenue to cover the cost of
permit processing, plan check and inspection services, and the Department's administrative
overhead costs; and
WHEREAS, should the City need the services of Bureau Veritas North America
Corporation for Code Enforcement, staff will return to Council for approval of budget
appropriation.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista
does hereby approve the agreement with Bureau Veritas North America Corporation to provide
permit processing, plan review, inspection and code enforcement services.
BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby
authorized and directed to execute said agreement in the form presented for and on behalf of the
City of Chula Vista.
Presented by
Gazy Halbert, P.E., AICP
Development Services Director/
Assistant City Manager
3-34
City Attorne~
THE ATTACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALLY SIGNED UPON APPRO AL BY
THE CITY COUNCIL ~ /`~~
ri -
R. Googins
Attorney
Dated:
AGREEMENT BETWEEN
THE CITY OF CHULA VISTA, AND
BUREAU VERITAS NORTH AMERICA, INC.
FOR PERMIT PROCESSING, BUILDING PLAN CHECK,
BUILDING INSPECTION, AND
CODE ENFORCEMENT SERVICES
3-35
PARTIES AND RECITAL PAGE(S)
Agreement between
City of Chula Vista
and
Bureau Veritas North America, Inc.
for Permit Processing, Building Plan Check, Building Inspection and
Code Enforcement Services
This agreement ("Agreement"), dated February 1, 2011 for the purposes of reference only,
and effective as of the date last executed unless another date is otherwise specified in Exhibit A
to this Agreement ("Exhibit A"), Paragraph 1, is between the City-related entity whose name and
business form is indicated on Exhibit A, Paragraph 2, ("City"), and the entity whose name,
business form, place of business and telephone numbers are indicated on Exhibit A, Paragraphs 4
through 6, ("Consultant"), and is made with reference to the following facts:
Recitals
WHEREAS, City desires to employ the services of a consultant to provide building
permit processing, building plan review and building inspection of permitted building
construction projects, and City code enforcement services; and,
WHEREAS, Ciry advertised for competitive requests for proposals for said services;
and,
WHEREAS, after reviewing submitted proposals and conducting interviews, Consultant
was chosen as one of three of the most qualified to provide said services; and
WHEREAS, at its sole discretion, City reserves the right to use or not use Consultant for
said services based on City's needs; and,
WHEREAS, Consultant warrants and represents that it is experienced and staffed in a
manner such that it can deliver the services required of Consultant to City in accordance with the
time frames and the terms and conditions of this Agreement.
[End of Recitals. Next Page Starts Obligatory Provisions.]
Page 1
3-36
OBLIGATORY PROVISIONS PAGES
NOW, THEREFORE, BE IT RESOLVED that the City and Consultant do hereby mutually
agree as follows:
All of the Recitals above are incorporated into this Agreement by this reference.
ARTICLE I. CONSULTANT'S OBLIGATIONS
A. General
1. General Duties. Consultant shall perform all of the services described on Exhibit A,
Paragraph 7 ("General Duties").
Scope of Work and Schedule. In performing and delivering the General Duties,
Consultant shall also perform the services, and deliver to City the "Deliverables"
described in Exhibit A, Paragraph 8, entitled "Scope of Work and Schedule," according
to, and within the time frames set forth in Exhibit A, Paragraph 8, time being of the
essence of this agreement. The General Duties and the work and Deliverables required in
the Scope of Work and Schedule shall be referred to as the "Defined Services." Failure to
complete the Defined Services by the times indicated does not, except at the option of the
City, terminate this Agreement.
a. Reductions in Scope of Work. City may independently, or upon request from
Consultant, from time to time, reduce the Defined Services to be performed by the
Consultant under this Agreement. Upon doing so, City and Consultant agree to meet
in good faith and confer for the purpose of negotiating a corresponding reduction in
the compensation associated with the reduction.
b. Additional Services. In addition to performing the Defined Services, City may
require Consultant to perform additional consulting services related to the Defined
Services ("Additional Services"), and upon doing so in writing, if they are within the
scope of services offered by Consultant, Consultant shall perform same on a time and
materials basis at the rates set forth in the "Rate Schedule" in Exhibit A,
Paragraph 10(C), unless a separate fixed fee is otherwise agreed upon. All
compensation for Additional Services shall be paid monthly as billed.
Standard of Care: The Consultant expressly warrants that the work to be performed
pursuant to this Agreement, whether Defined Services or Additional Services, shall be
performed in accordance with the standard of care ordinarily exercised by members of
the profession currently practicing under similar conditions and in similar locations.
a. No Waiver of Standard of Care. Where approval by City is required, it is understood
to be conceptual approval only and does not relieve the Consultant of responsibility
for complying with all laws, codes, industry standards, and liability for damages
caused by negligent acts, errors, omissions, noncompliance with industry standards,
or the willful misconduct of the Consultant or its subcontractors.
Page 2
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B. Application of Laws. Should a federal or state law pre-empt a local law, or regulation, the
Consultant must comply with the federal or state law and implementing regulations. No
provision of this Agreement requires the Consultant to observe or enforce compliance with
any provision, perform any other act, or do any other thing in contravention of federal, state,
territorial, or local law, regulation, or ordinance. If compliance with any provision of this
Agreement violates or would require the Consultant to violate any law, the Consultant agrees
to notify City immediately in writing. Should this occur, the City and the Consultant agree
that they will make appropriate arrangements to proceed with or, if necessary, amend or
terminate this Agreement, or portions of it, expeditiously.
1. Subcontractors. Consultant agrees to take appropriate measures necessary to ensure that
all participants utilized by the Consultant to complete its obligations under this
Agreement, such as subcontractors, comply with all applicable laws, regulations,
ordinances, and policies, whether federal, state, or local, affecting Project
implementation. In addition, if a subcontractor is expected to fulfill any responsibilities of
the Consultant under this Agreement, the Consultant shall ensure that the subcontractor
carves out the Consultant's responsibilities as set forth in this Agreement.
C. Insurance
General. Consultant must procure and maintain, during the period of performance of this
Agreement, and for twelve months after completion, policies of insurance from insurance
companies to protect against claims for injuries to persons or damages to property that
may arise from or in connection with the performance of the work under this Agreement
and the results of that work by the Consultant, his agents, representatives, employees or
subcontractors, and provide documentation of same prior to commencement of work.
2. Minimum Scone of Insurance. Coverage must be at least as broad as:
a. CGL. Insurance Services Office Commercial General Liability coverage (occurrence
Form CG0001).
b. Auto. Insurance Services Office Form Number CA 0001 covering Automobile
Liability, Code 1 (any auto).
c. WC. Workers' Compensation insurance as required by the State of California and
Employer's Liability Insurance.
d. E&O. Professional Liability or Errors & Omissions Liability insurance appropriate to
the Consultant's profession. Architects' and Engineers' coverage is to be endorsed to
include contractual liability.
3. Minimum Limits of Insurance. Consultant must maintain limits no less than those
included in the table below:,
Page 3
3-38
i. General Liability: $1,000,000 per occurrence for bodily injury, personal injury,
(Including (including death), and property damage. If Commercial General
operations, Liability insurance with a general aggregate limit is used, either
products and the general aggregate limit must apply separately to this
completed Project/location or the general aggregate limit must be twice the
operations, as required occurrence limit.
a licable
ii. Automobile $1,000,000 per accident for bodily injury, including death, and
Liability: property damage.
iii. Workers' Statutory
Compensation $1,000,000 each accident
Employer's $1,000,000 disease-policy limit
Liabili $1,000,000 disease-each em to ee
iv. Professional $1,000,000 per claim
Liability or Errors
& Omissions
Liabili
4. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must
be declazed to and approved by the City. At the option of the City, either the insurer will
reduce or eliminate such deductibles or self-insured retentions as they pertain to the City,
its officers, officials, employees and volunteers; or the Consultant will provide a financial
guarantee satisfactory to the City guaranteeing payment of losses and related
investigations, claim administration, and defense expenses.
5. Other Insurance Provisions. The general liability, automobile liability, and where
appropriate, the worker's compensation policies aze to contain, or be endorsed to contain,
the following provisions:
a. Additional Insureds. City of Chula Vista, its officers, officials, employees, agents,
and volunteers are to be named as additional insureds with respect to all policies of
insurance, including those with respect to liability arising out of automobiles owned,
leased, hired or borrowed by or on behalf of the Consultant, where applicable, and,
with respect to liability arising out of work or operations performed by or on behalf of
the Consultant, including providing materials, parts or equipment furnished in
connection with such work or operations. The general liability additional insured
coverage must be provided in the form of an endorsement to the Consultant's
insurance using ISO CG 2010 (I 1/85) or its equivalent. Specifically, the endorsement
must not exclude Products/Completed Operations coverage.
b. Primary Insurance. The Consultant's General Liability insurance coverage must be
primary insurance as it pertains to the City, its officers, officials, employees, agents,
and volunteers. Any insurance or self-insurance maintained by the City, its officers,
officials, employees, or volunteers is wholly separate from the insurance of the
Page 4
3-39
Consultant and in no way relieves the Consultant from its responsibility to provide
insurance.
c. Cancellation. The insurance policies required by this Agreement shall not be canceled
by either party, except after thirty days' prior written notice to the City by certified
mail, return receipt requested. The words "will endeavor" and "but failure to mail
such notice shall impose no obligation or liability of any kind upon the company, its
agents, or representatives" shall be deleted from all certificates.
d. Active Negligence. Coverage shall not extend to any indemnity coverage for the
active negligence of the additional insured in any case where an agreement to
indemnify the additional insured would be invalid under Subdivision (b) of Section
2782 of the Civil Code.
e. Waiver of Subrogation. Consultant's insurer will provide a Waiver of Subrogation in
favor of the City for each required policy providing coverage for the term required by
this Agreement.
6. Claims Forms. If General Liability, Pollution and/or Asbestos Pollution Liability and/or
Errors & Omissions coverage aze written on a claims-made form:
a. Retro Date. The "Retro Date" must be shown, and must be before the date of the
Agreement or the beginning of the work required by the Agreement.
b. Maintenance and Evidence. Insurance must be maintained and evidence of insurance
must be provided for at least five years after completion of the work required by the
Agreement.
c. Cancellation. If coverage is canceled or non-renewed, and not replaced with another
claims-made policy form with a "Retro Date" prior to the effective date of the
Agreement, the Consultant must purchase "extended reporting" coverage for a
minimum of five years after completion of the work required by the Agreement.
d. Copies. A copy of the claims reporting requirements must be submitted to the City
for review.
7. Accentability of Insurers. Insurance is to be placed with licensed insurers admitted to
transact business in the State of California with a current A.M. Best's rating of no less
than A V. If insurance is placed with a surplus lines insurer, insurer must be listed on the
State of California List of Eligible Surplus Lines Insurers ("LESLI") with a current A.M.
Best's rating of no less than A X. Exception may be made for the State Compensation
Fund when not specifically rated.
8. Verification of Coverage. Consultant shall furnish the City with original certificates and
amendatory endorsements effecting coverage required by Section I.C. of'this Agreement.
The endorsements should be on insurance industry forms, provided those endorsements
Page 5
3-40
or policies conform to the requirements of this Agreement. All certificates and
endorsements are to be received and approved by the City before work commences. The
City reserves the right to require, at any time, complete, certified copies of all required
insurance policies, including endorsements evidencing the coverage required by these
specifications.
9. Subcontractors. Consultant must include all subconsultants as insureds under its policies
or furnish separate certificates and endorsements for each subconsultant. All coverage for
subconsultants is subject to all of the requirements included in these specifications.
10. Not a Limitation of Other Obligations. Insurance provisions under this Article shall not
be construed to limit the Consultant's obligations under this Agreement, including
Indernnity.
D. Security for Performance
1. Performance Bond. In the event that Exhibit A, at Paragraph 18, indicates the need for
Consultant to provide a Performance Bond (indicated by a check mark in the
parenthetical space immediately preceding the subparagraph entitled "Performance
Bond"), then Consultant shall provide to the City a performance bond, in the amount
indicated at Exhibit A, Paragraph 18, in the form prescribed by the City and by such
sureties which are authorized to transact such business in the State of California, listed as
approved by the United States Department of Treasury Circular 570,
httn'//www.fms treas.g_ov/c570 and whose underwriting limitation is sufficient to issue
bonds in the amount required by the Agreement, and which also satisfy the requirements
stated in Section 995.660 of the Code of Civil Procedure, except as provided otherwise
by laws or regulations. All bonds signed by an agent must be accompanied by a certified
copy of such agent's authority to act. Surety companies must be duly licensed or
authorized in the jurisdiction in which the Project is located to issue bonds for the limits
so required. Form must be satisfactory to the Risk Manager or City.
2. Letter of Credit. In the event that Exhibit A, at Paragraph 18, indicates the need for
Consultant to provide a Letter of Credit (indicated by a check mark in the parenthetical
space immediately preceding the subparagraph entitled "Letter of Credit"), then
Consultant shall provide to the City an irrevocable letter of credit callable by the City at
its unfettered discretion by submitting to the bank a letter, signed by the City Manager,
stating that the Consultant is in breach of the terms of this Agreement. The letter of
credit shall be issued by a bank, and be in a form and amount satisfactory to the Risk
Manager or City Attorney which amount is indicated in the space adjacent to the term,
"Letter of Credit," in Exhibit A, Paragraph 18.
3. Other Security. In the event that Exhibit A, at Paragraph 18, indicates the need for
Consultant to provide security other than a Performance Bond or a Letter of Credit
(indicated by a check mark in the parenthetical space immediately preceding the
subparagraph entitled "Other Security"), then Consultant shall provide to the City such
Page 6
3-41
other security therein listed in a form and amount satisfactory to the Risk Manager or
City Attorney.
E. Business License. Consultant agrees to obtain a business license from the City and to
otherwise comply with Title 5 of the Chula Vista Municipal Code.
ARTICLE II. CITY OBLIGATIONS
A. Consultation and Cooperation. City shall regularly consult the Consultant for the purpose
of reviewing the progress of the Defined Services and Schedule, and to provide direction and
guidance to achieve the objectives of this Agreement. The City shall allow Consultant access
to its office facilities, files and records, as deemed necessary and appropriate by the City,
throughout the term of this Agreement. In addition, City agrees to provide the materials
identified at Exhibit A, Paragraph 9, with the understanding that delay in the provision of
those materials beyond thirty days after authorization to proceed, shall constitute a basis for
the justifiable delay in the Consultant's performance.
B. Compensation.
Followine Receipt of Billing. Upon receipt of a properly prepared bill from Consultant,
submitted to the City as indicated in Exhibit A, Paragraph 17, but in no event more
frequently than monthly, on the day of the period indicated in Exhibit A, Paragraph 17,
City shall compensate Consultant for all services rendered by Consultant according to the
terms and conditions set forth in Exhibit A, Paragraph 10, adjacent to the governing
compensation relationship indicated by a "checkmark" next to the appropriate
arrangement, subject to the requirements for retention set forth in Paragraph 18 of
Exhibit A, and shall compensate Consultant for out of pocket expenses as provided in
Exhibit A, Paragraph 11.
2. SupportihQ Information. Any billing submitted by Consultant shall contain sufficient
information as to the propriety of the billing, including properly executed payrolls, time
records, invoices, contracts, or vouchers describing in detail the nature of the charges to
the Project in order to permit the City to evaluate that the amount due and payable is
proper, and such billing shall specifically contain the City's account number indicated on
Exhibit A, Paragraph 17(C) to be charged upon making such payment.
3. Exclusions. In determining the amount of the compensation City will exclude any cost:
1) incurred prior to the effective date of this Agreement; or 2) arising out of or related to
the errors, omissions, negligence or acts of willful misconduct of the Consultant, its
agents, employees, or subcontractors.
a. Errors and Omissions. In the event that the City Administrator determines that
the Consultant's negligence, errors, or omissions in the performance of work
under this Agreement has resulted in expense to City greater than would have
resulted if there were no such negligence, errors, omissions, Consultant shall
Page 7
3-42
reimburse City for any additional expenses incurred by the City. Nothing in this
paragraph is intended to limit City's rights under other provisions of this
Agreement.
4. Payment Not Final Approval. The Consultant understands and agrees that payment to the
Consultant for any Project cost does not constitute a City final decision about whether
that cost is allowable and eligible for payment under the Project and does not constitute a
waiver of any violation of Consultant of the terms of the Agreement. The Consultant
acknowledges that City will not make a final determination about the eligibility of any
cast until the final payment has been made on the Project or the results of an audit of the
Project requested by the City has been completed, whichever occurs latest. If City
determines that the Consultant is not entitled to receive any portion of the compensation
due or paid, City will notify the Consultant in writing, stating its reasons. The Consultant
agrees that Project closeout will not alter the Consultant's responsibility to return any
funds due City as a result of later refunds, corrections, or other similar transactions; nor
will Project closeout alter the right of City to disallow costs and recover funds provided
for the Project on the basis of a later audit or other review.
a. Consultant's Obligation to Pay. Upon notification to the Consultant that specific
amounts aze owed to City, whether for excess payments or disallowed costs, the
Consultant agrees to remit to City promptly the amounts owed, including applicable
interest.
ARTICLE III. ETHICS
A. Financial Interests of Consultant
Consultant is Desienated as an FPPC Filer. If Consultant is designated on Exhibit A,
Paragraph 14, as an "FPPC filer," Consultant is deemed to be a "Consultant" for the
purposes of the Political Reform Act conflict of interest and disclosure provisions, and
shall report economic interests to the City Clerk on the required Statement of Economic
Interests in such reporting categories as are specified in Paragraph 14 of Exhibit A, or if
none are specified, then as determined by the City Attorney.
No Participation in Decision. Regardless of whether Consultant is designated as an FPPC
Filer, Consultant shall not make, or participate in making or in any way attempt to use
Consultant's position to influence a governmental decision in which Consultant knows or
has reason to know Consultant has a financial interest other than the compensation
promised by this Agreement.
3. Search to Determine Economic Interests. Regardless of whether Consultant is designated
as an FPPC Filer, Consultant warrants and represents that Consultant has diligently
conducted a search and inventory of Consultant's economic interests, as the term is used
in the regulations promulgated by the Fair Political Practices Commission, and has
determined that Consultant does not, to the best of Consultant's knowledge, have an
economic interest which would conflict with Consultant's duties under this Agreement.
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4. Promise Not to Acquire Conflictine Interests. Regardless of whether Consultant is
designated as an FPPC Filer, Consultant further warrants and represents that Consultant
will not acquire, obtain, or assume an economic interest during the term of this
Agreement which would constitute a conflict of interest as prohibited by the Fair Political
Practices Act.
Duty to Advise of Conflictine Interests. Regardless of whether Consultant is designated
as an FPPC Filer, Consultant further warrants and represents that Consultant will
immediately advise the City Attorney if Consultant learns of an economic interest of
Consultant's that may result in a conflict of interest for the purpose of the Fair Political
Practices Act, and regulations promulgated thereunder.
6. Specific Warranties Against Economic Interests. Consultant warrants, represents and
agrees that:
a. Neither Consultant, nor Consultant's immediate family members, nor Consultant's
employees or agents ("Consultant Associates") presently have any interest, directly or
indirectly, whatsoever in any property which may be the subject matter of the Defined
Services, or in any property within 2 radial miles from the exterior boundaries of any
property which may be the subject matter of the Defined Services, ("Prohibited
Interest"), other than as listed in Exhibit A, Paragraph 14.
b. No promise of future employment, remuneration, consideration, gratuity or other
reward or gain has been made to Consultant or Consultant Associates in connection
with Consultant's performance of this Agreement. Consultant promises to advise City
of any such promise that may be made during the Term of this Agreement, or for
twelve months thereafter.
c. Consultant Associates shall not acquire any such Prohibited Interest within the Term
of this Agreement, or for twelve months after the expiration of this Agreement,
except with the written permission of City.
d. Consultant may not conduct or solicit any business for any party to this Agreement,
or for any third parry that may be in conflict with Consultant's responsibilities under
this Agreement, except with the written permission of City.
IV. LIQUIDATED DAMAGES
A. Application of Section. The provisions of this section apply if a Liquidated Damages Rate
is provided in Exhibit A, Paragraph 13.
Estimatine Damages. It is acknowledged by both parties that time is of the essence in the
completion of this Agreement. It is difficult to estimate the amount of damages resulting
from delay in performance. The parties have used their judgment to arrive at a reasonable
amount to compensate for delay.
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2. Amount of Penalty. Failure to complete the Defined Services within the allotted time
period specified in this Agreement shall result in the following penalty: For each
consecutive calendar day in excess of the time specified for the completion of the
respective work assignment or Deliverable, the Consultant shall pay to the City, or have
withheld from monies due, the sum of Liquidated Damages Rate provided in Exhibit A,
Paragraph 13 ("Liquidated Damages Rate").
3. Request for Extension of Time. If the performance of any act required of Consultant is
directly prevented or delayed by reason of strikes, lockouts, labor disputes, unusual
governmental delays, acts of God, fire, floods, epidemics, freight embargoes, or other
causes beyond the reasonable control of the Consultant, as determined by the City,
Consultant shall be excused from performing that act for the period of time equal to the
period of time of the prevention or delay. In the event Consultant claims the existence of
such a delay, the Consultant shall notify the City's Contract Administrator, or designee, in
writing of that fact within ten calendar days after the beginning of any such claimed
delay. Extensions of time will not be granted for delays to minor portions of work unless
it can be shown that such delays did or will delay the progress of the work.
ARTICLE V. INDEMNIFICATION
A. Defense, Indemnity, and Hold Harmless.
General Requirement. Except for liability for Design Professional Services covered
under Article V, Section A.2., Consultant shall defend, indemnify, protect and hold
harmless the City, its elected and appointed officers, agents and employees, from and
against any and all claims, demands, causes of action, costs, expenses, liability, loss,
damage or injury, in law or equity, to property or persons, including wrongful death, in
any manner arising out of or incident to any alleged acts, omissions, negligence, or
willful misconduct of Consultant, its officials, officers, ,employees, agents, and
contractors, arising out of or in connection with the performance of the Defined Services
or this Agreement. This indemnity provision does not include any claims, damages,
liability, costs and expenses (including without limitations, attorneys fees) arising from
the sole negligence, active negligence or willful misconduct of the City, its officers,
employees. Also covered is liability arising from, connected with, caused by or claimed
to be caused by the active or passive negligent acts or omissions of the City, its agents,
officers, or employees which may be in combination with the active or passive negligent
acts or omissions of the Consultant, its employees, agents or officers, or any third party.
2. Design Professional Services. If Consultant provides design professional services, as
defined by California Civil Code section 2782.5, as may be amended from time to time,
Consultant shall defend, indemnify and hold the City, its officials, officers, employees,
volunteers, and agents free and harmless from any and all claims, demands, causes of
action, costs, expenses, liability; loss, damage or injury, in law or equity, to property or
persons, including wrongful death, in any manner arising out of, pertaining to, or relating
to the negligence, recklessness, or willful misconduct of Consultant, its officials, officers,
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employees, agents, consultants, and contractors arising out of or in connection with the
performance of Consultant's services. Consultant's duty to defend, indemnify, and hold
harmless shall not include any claims or liabilities arising from the sole negligence, active
negligence or willful misconduct of the City, its agents, officers or employees. This
section in no way alters, affects or modifies the Consultant's obligations and duties under
this Agreement.
Costs of Defense and Award. Included in the obligations in Sections A.1 and A.2, above,
is the Consultant's obligation to defend, at Consultant's own cost, expense and risk, any
and all suits, actions or other legal proceedings, that may be brought or instituted against
the City, its directors, officials, officers, employees, agents and/or volunteers, subject to
the limitations in Sections A.1. and A.2. Consultant shall pay and satisfy any judgment,
award or decree that may be rendered against City or its directors, officials, officers,
employees, agents and/or volunteers, for any and all related legal expenses and costs
incurred by each of them, subject to the limitations in Sections A.1. and A.2.
4. Insurance Proceeds. Consultant's obligation to indemnify shall not be restricted to
insurance proceeds, if any, received by the. City, its directors, officials, officers,
employees, agents, and/or volunteers.
5. Declarations. Consultant's obligations under Article V shall not be limited by any prior
or subsequent declaration by the Consultant.
6. Enforcement Costs. Consultant agrees to pay any and all costs City incurs enforcing the
indemnity and defense provisions set forth in Article V.
Survival. Consultant's obligations under Article V shall survive the termination of this
Agreement.
ARTICLE VI. TERMINATION OF AGREEMENT
A. Termination for Cause. If, through any cause, Consultant shall fail to fulfill in a timely and
proper manner Consultant's obligations under this Agreement, or if Consultant shall violate
any of the covenants, agreements or stipulations of this Agreement, City shall have the right
to terminate this Agreement by giving written notice to Consultant of such termination and
specifying the effective date thereof at least five (5) days before the effective date of such
termination. In that event, all finished or unfinished documents, data, studies, surveys,
drawings, maps, reports and other materials prepared by Consultant shall, at the option of the
City, become the property of the City, and Consultant shall be entitled to receive just and
equitable compensation, in an amount not to exceed that payable under this Agreement and
less any damages caused City by Consultant's breach, for any work satisfactorily completed
on such documents and other materials up to the effective date of Notice of Termination,.
B. Termination of Agreement for Convenience of City. City may terminate this Agreement
at any time and for any reason, by giving specific written notice to Consultant of such
termination and specifying the effective date thereof, at least thirty (30) days before the
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effective date of such termination. Ixr that event, all finished and unfinished documents and
other materials described hereinabove shall, at the option of the City, become City's sole and
exclusive property. If the Agreement is terminated by City as provided in this paragraph,
Consultant shall be entitled to receive just and equitable compensation, in an amount not to
exceed that payable under this Agreement, far any satisfactory work completed on such
documents and other materials to the effective date of such termination. Consultant hereby
expressly waives any and all claims for damages or compensation arising under this
Agreement except as set forth in this section.
ARTICLE VII. RECORD RETENTION AND ACCESS
A. Record Retention. During the course of the Project and for three (3) years following
completion, the Consultant agrees and to maintain, intact and readily accessible, all data,
documents, reports, records, contracts, and supporting materials relating to the Project as City
may require.
B. Access to Records of Consultant and Subcontractors. The Consultant agrees to permit,
and require its subcontractors to permit City or its authorized representatives, upon request,
to inspect all Project work, materials, payrolls, and other data, and to audit the books,
records, and accounts of the Contractor and its subcontractors pertaining to the Project.
C. Project Closeout. The Consu]tant agrees that Project closeout does not alter the reporting
and record retention requirements of this Agreement.
ARTICLE VIII. PROJECT COMPLETION, AUDIT, AND CLOSEOUT
A. Project Completion. Within ninety (90) calendar days following Project completion or
termination by City, Consultant agrees to submit a final certification of Project expenses and
audit reports, as applicable.
B. Audit of Consultants. Consultant agrees to perform financial and compliance audits the
City may require. The Consultant also agrees to obtain any other audits required by Ciry.
Consultant agrees that Project closeout will not alter Consultant's audit responsibilities. Audit
costs are allowable Project costs.
C. Project Closeout. Project closeout occurs when City notifies the Consultant that City has
closed the Project, and either forwards the final payment or acknowledges that the Consultant
has remitted the proper refund. The Consultant agrees that Project closeout by City does not
invalidate any continuing requirements imposed by the Agreement or any unmet
requirements set forth in a written notification from City
ARTICLE IX. MISCELLANEOUS PROVISIONS
A. Assignability. The services of Consultant are personal to the City, and Consultant shall not
assign any interest in this Agreement, and shall not transfer any interest in the same (whether
by assignment or notation), without prior written consent of City.
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1. Limited Consent. City hereby consents to the assignment of the portions of the Defined
Services identified in Exhibit A, Paragraph 16 to the subconsultants identified as
"Permitted subconsultants".
B. Ownership, Publication, Reproduction and Use of Material. All reports, studies,
information, data, statistics, forms, designs, plans, procedures, systems and any other
materials or properties produced under this Agreement shall be the sole and exclusive
property of City. No such materials or properties produced in whole- or in part under this
Agreement shall be subject to private use, copyrights or patent rights by Consultant in the
United States or in any other country without the express written consent of City. City shall
have unrestricted authority to publish, disclose (except as may be limited by the provisions of
the Public Records Act), distribute, and otherwise use, copyright or patent, in whole or in
part, any such reports, studies, data, statistics, forms or other materials or properties produced
under this Agreement.
C. Independent Contractor. City is interested only in the results obtained and Consultant shall
perform as an independent contractor with sole control of the manner and means of
performing the services required under this Agreement. City maintains the right only to
reject or accept Consultant's work products. Consultant and any of the Consultant's agents,
employees or representatives aze, for all purposes under this Agreement, independent
contractors and shall not be deemed to be employees of City, and none of them shall be
entitled to any benefits to which City employees are entitled including but not limited to,
overtime, retirement benefits, worker's compensation benefits, injury leave or other leave
benefits. Therefore, City will not withhold state or federal income tax, social security tax or
any other payroll tax, and Consultant shall be solely responsible for the payment of same and
shall hold the City harmless with regard to them.
1. Actions on Behalf of City. Except as City may specify in writing, Consultant shall have
no authority, express or implied, to act on behalf of City in any capacity whatsoever, as
an agent or otherwise. Consultant shall have no authority, express or implied, to bind
City or its members, agents, or employees, to any obligation whatsoever, unless expressly
provided in this Agreement.
2. No Oblieations to Third Parties. In connection with the Project, Consultant agrees and
shall require that it's agents, employees, subcontractors agree that City shall not be
responsible for any obligations or liabilities to any third party, including its agents,
employees, subcontractors, or other person or entity that is not a party to this Agreement.
Notwithstanding that City may have concurred in or approved any solicitation,
subagreement, or third parry contract at any tier, City shall have no obligation or liability
to any person or entity not a party to this Agreement.
D. Administrative Claims Requirements and Procedures. No suit or arbitration shall be
brought arising out of this Agreement, against City unless a claim has first been presented in
writing and filed with City and acted upon by City in accordance with the procedures set
forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may from time to time be
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amended, the provisions of which are incorporated by this reference as if fully set forth
herein, and such policies and procedures used by City in the implementation of same. Upon
request by City, Consultant shall meet and confer in good faith with City for the purpose of
resolving any dispute over the terms of this Agreement.
E. Administration of Contract. Each parry designates the individuals ("Contract
Administrators") indicated on Exhibit A, Pazagraph 12, as that parry's contract administrator
who is authorized by the party to represent it in the routine administration of this Agreement.
F. Term..This Agreement shall terminate when the parties have complied with all executory
provisions hereof.
G. Attorney's Fees. Should a dispute arising out of this Agreement result in litigation, it is
agreed that the prevailing party shall be entitled to a judgment against the other for an
amount equal to reasonable attorneys' fees and court costs incurred. The "prevailing party"
shall be deemed to be the party who is awazded substantially the relief sought.
H. Statement of Costs. In the event that Consultant prepares a report or document, or
participates in the preparation of a report or document in performing the Defined Services,
Consultant shall include, or cause the inclusion of, in the report or document, a statement of
the numbers and cost in dollar amounts of all contracts and subcontracts relating to the
preparation of the report or document.
I. Consultant is Real Estate Broker and/or Salesman. If the box on Exhibit A, Paragraph 15
is marked, the Consultant and/or is principals is/are licensed with the State of California or
some other state as a real estate broker or salesperson. Otherwise, Consultant represents that
neither Consultant, nor its principals are licensed real estate brokers or salespersons.
J. Notices. All notices, demands or requests provided for or permitted to be given pursuant to
this Agreement must be in writing. All notices, demands and requests to be sent to any party
shall be deemed to have been properly given or served if personally served or deposited in
the United States mail, addressed to such party, postage prepaid, registered or certified, with
return receipt requested, at the addresses identified in this Agreement as the places of
business for each of the designated parties.
K. Integration. This Agreement, together with any other written document referred to or
contemplated in it, embody the entire Agreement and understanding between the parties
relating to the subject matter hereof. Neither this Agreement nor any provision of it may be
amended, modified, waived or discharged except by an instrument in writing executed by the
party against which enforcement of such amendment, waiver or discharge is sought.
L. Capacity of Parties. Each signatory and party to this Agreement warrants and represents to
the other party that it has legal authority and capacity and direction from its principal to enter
into this Agreement, and that all necessary resolutions or other actions have been taken so as
to enable it to enter into this Agreement.
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M. Governing Law/Venue. This Agreement shall be governed by and construed in accordance
with the laws of the State of California. Any action arising under or relating to this
Agreement shall be brought only in the federal or state courts located in San Diego County,
State of California, and if applicable, the City of Chula Vista, or as close thereto as possible.
Venue for this Agreement, and performance under it, shall be the City of Chula Vista.
(End of page. Next page is signature page.)
Page IS
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Signature Page
to
Agreement between
City of Chula Vista and
Bureau Veritas North America, Inc.
for Permit Processing, Building Plan Check, Building Inspection and
Code Enforcement Services
IN WITNESS WHEREOF, City and Consultant have executed this Agreement,
indicating that they have read and understood same, and indicate their full and complete consent
to its terms:
Dated:
City. of Chula Vista
By:
Cheryl Cox, Mayor
Attest:
Donna Norris, City Clerk
Approved as to form:
Glen Googins, City Attorney
Dated:
Bureau Verit orth America, Inc.
By: ~ry~
Isam Hasenin, COO
By:
Exhibit List to Agreement (X) Exhibit A.
Page 16
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Exhibit A
to
Agreement between
City of Chula Vista
and
Bureau Veritas North America, Inc.
for Permit Processing, Building Plan Check, Building Inspection and
Code Enforcement Services
1. Effective Date of Agreement: Februarv 1, 2011.
2. City-Related Entity:
(X) City of Chula Vista, a municipal chartered corporation of the State of California
ORedevelopment Agency of the City of Chula Vista, a political subdivision of the State of
California
OIndustrial Development Authority of the Ciry of Chula Vista, a
OOther: , a [insert business form]
3. Place of Business for City:
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
4. Consultant: Bureau Veritas North America, Inc.
5. Business Form of Consultant:
OSole Proprietorship
( )Partnership
(X) Corporation
6. Place of Business, Telephone and Fax Number of Consultant:
11590 W. Bernardo Court, Suite 100
San Diego, CA 92127
Tel: (858) 451-6100
Fax: (858) 451-9187
Page 17
3-52
7. General Duties
The Consultant shall provide professional building permit processing, building plan
check and building inspection of permitted building construction projects, and City code
enforcement services as requested by the City per Section 8, "Scope of Work and Schedule".
For permit processing; building inspection and code enforcement services, Consultant
shall provide City with qualified individuals to be located at City facilities and perform as an
extension of staff. Selection of these individuals will be further subject to approval by City. Plan
review services will be provided by Consultant at Consultant's place of business. City reserves
the right to also have Consultant provide City with qualified plan review individuals to be
located at City facilities and perform as an extension of staff.
Performance on all work is subject to the satisfaction of the City's Building Official.
8. Scope of Work and Schedule:
A. Detailed Scope of Work:
PermitProcessinQ Services
1. When requested by City, Consultant shall provide City with qualified individuals
to be located at City facilities and perform as an extension of staff under the
supervision of the counter supervisor with the knowledge, skills and abilities to
perform the following functions:
Enter permit and business license data into the automated database; research,
compile and prepare various limited reports and presentation graphics; assist the
general public at the front counter or by phone regarding building, planning and
engineering permit requirements, plan check fees, plan check filing procedures
and processing, and permit status; research information for public; accept permit
and business license applications and collect permit fees; review and evaluate
plans for completeness and for conformance with ordinances and department
standards, policies and guidelines; review plans for conditions of prior approval;
route plans to other city departments for review; approve minor permits; research
and respond to public inquiries; build and maintain positive working relationships
with co-workers, City employees and the public using principles of good
customer service; and perform related duties as assigned.
Selection of these individuals will be further subject to approval by City.
Plan Check Services
2. The Consultant shall perform initial plan review of submitted plans, to include
State regulated occupancies such as public schools (per DSA) and clinics (per
OSHPD 3), to determine compliance with City and State codes and regulations:
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California Building Code; Califomia Plumbing Code; Califomia Mechanical
Code; California Electrical Code; Califomia Fire Code; Califomia Energy Code;
Califomia Green Building Standards Code; Califomia Disabled Access
Regulations; Califomia Title 25, Mobile Home Pazks; State Water Resource
Control Board regulations related to storm water pollution prevention; Sound
Transmission Control; and, locally adopted building ordinances and amendments
thereof.
3. The Consultant shall provide the applicant's designee and the City, a typed list of
items needing clarification or change to achieve conformance with the above
regulations.
4. The Consultant shall perform all necessary liaison with the applicant's designee,
either by telephone, mail or meeting in Consultant's office and all necessary
rechecks to achieve conformance to the regulations.
The Consultant shall provide recommendations and act as liaison to the Building
Official, or his designee, either by mail, telephone or in Consultant's office, to
insure compliance with Chula Vista Municipal Code Section 15.06.045,
"Alternate Materials, Methods of Design and Methods of Construction", and
Section 15.06.060(J), "Modifications.", and to insure compliance with local
policy interpretations.
6. The Consultant shall attend meetings related to proposed building projects at the
request of the Building Official at locations other than Consultant's office.
7. The Consultant shall perform plan reviews of revisions to plans that have
previously been approved for permit issuance, or perform plan reviews of changes
to plans prior to such approval.
8. The Consultant shall provide City with monthly plan review status reports for all
projects assigned.
9. When requested by City, Consultant shall provide City with qualified plan review
individuals to be located at City facilities and perform as an extension of staff.
Selection of these individuals will be further subject to approval by City.
Building Inspection Services
10. When requested by City, Consultant shall provide City with qualified building
inspection individuals to be located at City facilities and perform as an extension
of staff. Selection of these individuals will be fiu-ther subject to approval by City
11. Consultant staff assigned to City shall provide next-workday inspections of all
requested inspections and re-inspections for compliance with City and State codes
and regulations: Califomia Building Code; Califomia Plumbing Code; Califomia
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Mechanical Code; California Electrical Code; Califomia Fire Code; Califomia
Energy Code; Califomia Green Building Standards Code; California Disabled
Access Regulations; California Title 25, Mobile Home Parks; State Water
Resource Control Board regulations related to storm water pollution prevention;
Sound Transmission Control; and, locally adopted building ordinances and
amendments thereof.
12. Consultant staff assigned to City shall coordinate with the Building Official on all
discretionary decisions or requests for alternate materials or types of construction.
13. Consultant staff assigned to City shall coordinate with the Building Official on all
Certificate of Occupancy to be sure that all applicable City regulatory agencies
have approved the project.
Code Enforcement Services
14. When requested by City, Consultant shall provide City with qualified code
enforcement individuals to be located at City facilities and perform as an
extension of staff. Selection of these individuals will be further subject to
approval by City.
15. Consultant staff assigned to City shall provide investigations of potential
violations of the Chula Vista Municipal Code; Califomia Building Code;
Califomia Plumbing Code; California Mechanical Code; Califomia Electrical
Code; Califomia Fire Code; California Energy Code; California Green Building
Standards Code; Uniform Housing Code; Abatement of Substandard Buildings
Code; Califomia Disabled Access Regulations; Califomia Title 25, Mobile Home
Parks; State Water Resource Control Board regulations related to storm water
pollution prevention; Sound Transmission Control; and, locally adopted
ordinances and amendments thereof.
16. Consultant staff assigned to City shall investigate complaints from citizens to
determine validity and the existence of violations of regulations, laws and codes.
17. Consultant staff assigned to City shall testify at appeal hearings and in superior
court.
18. Consultant staff assigned to City shall provide inspection and re-inspections as
needed.
19. Consultant staff assigned to City shall maintain all inspection records for all
assigned projects, document phone calls, e-mails, and meetings in case files.
20. Consultant staff assigned to City shall follow-up to Complaints on dates specified.
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21. Consultant staff assigned to City shall process cases in conformance with policies
and procedures of the Code Enforcement Division.
22. Consultant staff assigned to City shall attend meetings related to code
enforcement matters at locations other than the Consultant's office and the City's
office.
23. Consultant staff assigned to City shall attend periodic evening meetings and/or
travel within and out of City boundaries.
B. Date for Commencement of Consultant Services:
( X') Same as Effective Date of Agreement
OOther:
C. Dates or Time Limits for Delivery of Deliverables:
Deliverable No. 1: Following City's request for plan review, the Consultant shall
complete the review within the following turnaround times:
. _. :,T a ofPro'ect - < ":~ Turnaround Trme"c ,•'~ '
Sin le Famil Dwellin /Du lex 5 Workin da s
A artments/Condominiums 7 Workin da s
Tenant Im rovements 5 Workin da s
CommerciaUlndustrial 10 Workin da s
Rechecks 5 Workin da s
Plan Chan e 5 Workin da s
Deliverable No. 2: No later than 3 workdays after completion of each plan check,
Consultant shall submit to City in writing a plan check correspondence which shall
contain the following information:
I. The day of the week and date the plans were received by Consultant from City;
2. The day of the week and date the plan check was completed by Consultant;
3. The day of the week and date the applicant's designee was notified by Consultant
the plan check was completed;
4. The number of workdays Consultant took to complete the plan check; and,
5. The list of items needing correction ox change to achieve conformance with the
regulations under Section 8.A.2.
Deliverable No. 3: Consultant staff assigned to City shall provide next-workday
inspection of requested inspections that are assigned to Consultant grid enter results in the
City's permit tracking system the same day of the inspection, and complete all
appropriate paperwork associated with the assigned inspections.
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Deliverable No. 4: Consultant staff assigned to City shall provide next-workday
investigation and inspection of requested code enforcement complaints that are assigned
to Consultant and enter results in the City's permit tracking system the same day of the
inspection, and
Deliverable No. 5: Consultant staff assigned to City shall complete all appropriate
paperwork associated with special code enforcement projects assigned to Consultant.
D. Date for completion of all Consultant services:
January 31, 2014. Should City and Consultant mutually agree, the term of this agreement
may be extended for additional one yeaz terms for a total of three years. If all three one year
terms are agreed upon, the date for completion shall be January 31, 2017.
9. Materials Required to be Supplied by City to Consultant:
A. Provide those items supplied by the applicant, to allow plan checking to be
completed. This may include complete plans, construction specifications,
designated contact person, and any items unique to a particular project.
B. Provide Consultant with copies of or refer Consultant to any City ordinances
modifying the regulations adopted by the State of California.
C. Provide access to City's office facilities, files and records as City deems applicable
to projects assigned to Consultant.
D. .Provide, from the applicant, the necessary items to allow building inspection to be
completed. This includes complete plans, construction specifications, designated
contact person, and any items unique to a particular project.
E. Provide, from the complainant, the necessary items to allow code enforcement
investigation and inspection to be completed. This includes the case file of the
assigned complaint.
F. Access to City's permit tracking system to record inspection results.
10. Compensation:
A. (X) Single Fixed Fee Arrangement.
For performance of all of the Defined Services by Consultant as herein required, City shall
pay a single fixed fee in the amounts and at the times or milestones or for the Deliverables set
forth below:
a. Compensation for each plan review under Section 8.A.2 through Section 8.A.6 shall
be 68-percent of the Building Division's portion of the City's adopted Plan Check
Fee as set forth in the City's Master Fee Schedule and includes the initial check and
all re-checks.
b. Section 8.A.7 revisions/changes shall be compensated pursuant to (a) above or (c)
below in connection with the related plan review.
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c. Compensation for each position hired as extension of staff, or the hourly charge for
other City requested services not compensated pursuant to (a) or (b) above shall be
based on the rate schedule below:
Rate Schedule
Classification Aourl Rate $
Su ervisin Plan Check En ineer 110
CAS S ecialist 95
Structural En ineer 100
Plan Check En ineer 95
Certified Plans Examiner 75
Fire Plans Examiner 85
Senior Buildin Ins ector 78
Buildin Ins ector 67
Code Enforcement Officer 67
Permit S ecialist/Counter Technician 62
() 1. Interim Monthly Advances. The City shall make interim monthly advances
against the compensation due for each phase on a percentage of completion basis for
each given phase such that, at the end of each phase only the compensation for that
phase has been paid. Any payments made hereunder shall be considered as interest
free loans that must be returned to the City if the Phase is not satisfactorily
completed. If the Phase is satisfactorily completed, the City shall receive credit
against the compensation due for that phase. The retention amount or percentage set
forth in Paragraph 19 is to be applied to each interim payment such that, at the end of
the phase, the full retention has been held back from the compensation due for that
phase. Percentage of completion of a phase shall be assessed in the sole and
unfettered discretion by the Contracts Administrator designated herein by the City, or
such other person as the City Manager shall designate, but only upon such proof
demanded by the City that has been provided, but in no event shall such interim
advance payment be made unless the Contractor shall have represented in writing that
said percentage of completion of the phase has been performed by the Contractor.
The practice of making interim monthly advances shall not convert this agreement to
a time and materials basis of payment.
B. ()Phased Fixed Fee Arrangement.
For the performance of each phase or portion of the Defined Services by Consultant as are
separately identified below, City shall pay the fixed fee associated with each phase of Services,
in the amounts and at the times or milestones or Deliverables set forth. Consultant shall not
commence Services under any Phase, and shall not be entitled to the compensation for a Phase,
unless City shall have issued a notice to proceed to Consultant as to said Phase.
Page 23
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Phase
1.
2.
3.
Fee for Said Phase
() 1. Interim Monthly Advances. The City shall make interim monthly advances
against the compensation due for each phase on a percentage of completion basis for
each given phase such that, at the end of each phase only the compensation for that
phase has been paid. Any payments made hereunder shall be considered as interest
free loans that must be returned to the City if the Phase is not satisfactorily
completed. If the Phase is satisfactorily completed, the City shall receive credit
against the compensation due for that phase. The retention amount or percentage set
forth in Paragraph 19 is to be applied to each interim payment such that, at the end of
the phase, the full retention has been held back from the compensation due for that
phase. Percentage of completion of a phase shall be assessed in the sole and
unfettered discretion by the Contracts Administrator designated herein by the City, or
such other person as the City Manager shall designate, but only upon such proof
demanded by the City that has been provided, but in no event shall such interim
advance payment be made unless the Contractor shall have represented in writing that
said percentage of completion of the phase has been performed by the Contractor.
The practice of making interim monthly advances shall not convert this agreement to
a time and materials basis of payment.
C. OHourly Rate Arrangement
For performance of the Defined Services by Consultant as herein required, City shall pay
Consultant for the productive hours of time spent by Consultant in the performance of said
Services, at the rates or amounts set forth in the Rate Schedule herein below according to the
following terms and conditions:
(1) ONot-to-Exceed Limitation on Time and Materials Arrangement
Notwithstanding the expenditure by Consultant of time and materials in excess of said
Maximum Compensation amount, Consultant agrees that Consultant will perform all of
the Defined Services herein required of Consultant for $
including all Materials, and other "reimbursables" ("Maximum Compensation").
(2) OLimitation without Further Authorization on Time and Materials Arrangement
At such time as Consultant shall have incurred time and materials equal to
$ ("Authorization Limit"), Consultant shall not be entitled
to any additional compensation without further authorization issued in writing and
approved by the City. Nothing herein shall preclude Consultant from providing additional
Services at Consultant's own cost and expense. See Exhibit B for wage rates.
Page 24
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( )Hourly rates may increase by 6% for services rendered after [month], 20, if delay
in providing services is caused by City.
11. Materials Reimbursement Arrangement
For the cost of out of pocket expenses incurred by Consultant in the performance of services
herein required, City shall pay Consultant at the rates or amounts set forth below:
(X) None, the compensation includes all costs.
Cost or Rate
O Reports, not to exceed $ $
O Copies, not to exceed $ $
O Travel, not to exceed $ $
() Printing, not to exceed $ $
O Postage, not to exceed $ $
() Delivery, not to exceed $ $
O Outside Services: $
O Other Actual Identifiable Direct Costs: $
not to exceed $ $
not to exceed $ $
12. Contract Administrators:
City: Lou El-Khazen, Building Official, Development Services Department, City of
Chula Vista, 276 Fourth Ave., Chula Vista, CA 91910, Tel: (619) 409-1960,
Email: lelkhazen(a~ci.chula-vista.ca.us .
Consultant: Isam Hasenin, COO, Bureau Veritas North America, Inc., 11590 W.
Bernardo Court, Suite 100, San Diego, CA 92127, Tel: (858) 451-6100,
Fax: (858) 451-9187, Email: isam.hasenin(a~us.bureauveritas.com .
13. Liquidated Damages Rate:
O $ per day.
OOther:
14. Statement of Economic Interests, Consultant Reporting Categories, per Conflict of Interest
Code (Chula Vista Municipal Code chapter 2.02):
(X) Not Applicable. Not an FPPC Filer.
O FPPC Filer
Page 25
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Category No. 1. Investments, sources of income and business interests
Category No. 2. Interests in real property.
O Category No. 3. Investments, business positions, interests in real property, and
sources of income subject to the regulatory, permit or licensing authority of the
department administering this Agreement.
()Category No. 4. Investments and business positions in business entities and sources of
income that engage in land development, construction or the acquisition or sale of
real property.
()Category No. 5. Investments and business positions in business entities and sources
of income that, within the past two years, have contracted with the City of Chula
Vista or the City's Redevelopment Agency to provide services, supplies, materials,
machinery or equipment.
()Category No. 6. Investments and business positions in business entities and sources of
income that, within the past two years, have contracted with the department
administering this Agreement to provide services, supplies, materials, machinery or
equipment.
()List "Consultant Associates" interests in real property within 2 radial miles of Project
Property, if any:
15. ()Consultant is Real Estate Broker and/or Salesman
16. Permitted Sub-consultants: None.
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17. Bill Processing:
A. Consultant's Billing to be submitted for the following period of time:
(X) Monthly
()Quarterly
OOther: _
B. Day of the Period for submission of Consultant's Billing:
( )First of the Month
O 15th Day of each Month
(X) End of the Month
OOther:
C. City's Account Number: To be provided by City
18. Security for Performance
Performance Bond, $
Letter of Credit, $
Other Security:
Type:
Amount: $
Retention. If this space is checked, then notwithstanding other provisions to the contrary
requiring the payment of compensation to the Consultant sooner, the City shall be entitled
to retain, at their option, either the following "Retention Percentage" or "Retention
Amount" until the City determines that the Retention Release Event, listed below, has
occurred:
ORetention Percentage:
O Retention'Amount: $
Retention Release Event:
Completion of All Consultant Services
Other:
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RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE AGREEMENT BETWEEN
JASON ADDISON SMITH CONSULTING CORPORATION
AND THE CITY OF CHULA VISTA TO PROVIDE BUILDING
PERMIT PROCESSING, PLAN REVIEW, INSPECTION AND
CODE ENFORCEMENT SERVICES, AND AUTHORIZING
AND DIRECTING THE MAYOR TO EXECUTE SAID
AGREEMENT
WHEREAS, current staffing levels are inadequate to address spikes in development
review activity; and
WHEREAS, unreasonable delays in the processing and inspection of building permits is
an obstacle to economic recovery and a hardship to permit applicants; and
WHEREAS, in anticipation of an economic recovery in the construction industry, staff
distributed and advertised a request for proposal for permit processing, plan check, inspection
and code enforcement services; and
WHEREAS, a Selection Committee evaluated nine responses using apre-established list
of evaluation criteria and interviewed the top-five firms, and after a thorough evaluation,
recommended that the City contract with Jason Addison Smith Consulting Corporation for these
services on an as needed basis; and
WHEREAS, plan check and permit fees provide sufficient revenue to cover the cost of
permit processing, plan check and inspection services, and the Department's administrative
overhead costs; and
WHEREAS, should the City need the services of Jason Addison Smith Consulting
Corporation for Code Enforcement, staff will return to Council for approval of budget
appropriation.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista
does hereby approve the agreement with Jason Addison Smith Consulting Corporation to provide
permit processing, plan review, inspection and code enforcement services.
BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby
authorized and directed to execute said agreement in the form presented for and on behalf of the
City of Chula Vista.
Presented by
Gary Halbert, P.E., AICP
Development Services Director/
Assistant City Manager
3-63
THE ATTACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WI L BE
FORMALLY SIGNED UPON APP ~VAL~~
R. Gbogir
Attorney
Dated: ~ 7 i ~
AGREEMENT BETWEEN
THE CITY OF CHULA VISTA, AND
JASON ADDISON SMITH CONSULTING SERVICES, INC.,
DBA JAS PACIFIC
FOR PERMIT PROCESSING, BUILDING PLAN CHECK,
BUILDING INSPECTION, AND
CODE ENFORCEMENT SERVICES
3-64
PARTIES AND RECITAL PAGE(S)
Agreement between
City of Chula Vista
and
Jason Addison Smith Consulting Services, Inc., DBA JAS Pacific
for Permit Processing, Building Plan Check, Building Inspection and
Code Enforcement Services
This agreement ("Agreement"), dated February I, 2011 for the purposes of reference only,
and effective as of the date last executed unless another date is otherwise specified in Exhibit A
to this Agreement ("Exhibit A"), Paragraph 1, is between the City-related entity whose name and
business form is indicated on Exhibit A, Paragraph 2, ("City"), and the entity whose name,
business form, place of business and telephone numbers are indicated on Exhibit A, Pazagraphs 4
through 6, ("Consultant"), and is made with reference to the following facts:
Recitals
WHEREAS, City desires to employ the services of a consultant to provide building
permit processing, building plan review and building inspection of permitted building
construction projects, and City code enforcement services; and,
WHEREAS, City advertised for competitive requests for proposals for said services;
and,
WHEREAS, after reviewing submitted proposals and conducting interviews, Consultant
was chosen as one of three of the most qualified to provide said services; and
WHEREAS, at its sole discretion, City reserves the right to use or not use Consultant for
said services based on City's needs; and,
WHEREAS, Consultant warrants and represents that it is experienced and staffed in a
manner such that it can deliver the services required of Consultant to City in accordance with the
time frames and the terms and conditions of this Agreement.
[End of Recitals. Next Page Starts Obligatory Provisions.]
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3-65
OBLIGATORY PROVISIONS PAGES
NOW, THEREFORE, BE IT RESOLVED that the City and Consultant do hereby mutually
agree as follows:
All of the Recitals above are incorporated into this Agreement by this reference.
ARTICLE I. CONSULTANT'S OBLIGATIONS
A. General
1. General Duties. Consultant shall perform all of the services described on Exhibit A,
Paragraph 7 ("General Duties").
2. Scone of Work and Schedule. In performing and delivering the General Duties,
Consultant shall also perform the services, and deliver to City the "Deliverables"
described in Exhibit A, Paragraph 8, entitled "Scope of Work and Schedule," according
to, and within the time frames set forth in Exhibit A, Paragraph 8, time being of the
essence of this agreement. The General Duties and the work and Deliverables required in
the Scope of Work and Schedule shall be referred to as the "Defined Services." Failure to
complete the Defined Services by the times indicated does not, except at the option of the
City, terminate this Agreement.
a. Reductions in Scope of Work. City may independently, or upon request from
Consultant, from time to time, reduce the Defined Services to be performed by the
Consultant under this Agreement. Upon doing so, City and Consultant agree to meet
in good faith and confer for the purpose of negotiating a corresponding reduction in
the compensation associated with the reduction.
b. Additional Services. In addition to performing the Defined Services, City may
require Consultant to perform additional consulting services related to the Defined
Services ("Additional Services"), and upon doing so in writing, if they are within the
scope of services offered by Consultant, Consultant shall perform same on a time and
materials basis at the rates set forth in the "Rate Schedule" in Exhibit A,
Paragraph 10(C), unless a separate fixed fee is otherwise agreed upon. All
compensation for Additional Services shall be paid monthly as billed.
3. Standard of Care. The Consultant expressly warrants that the work to be performed
pursuant to this Agreement, whether Defined Services or Additional Services, shall be
performed in accordance with the standard of care ordinarily exercised by members of
the profession currently practicing under similar conditions and in similar locations.
a. No Wai per of Standard of Care. Where approval by City is required, it is understood
to be conceptual approval only and does not relieve the Consultant of responsibility
for complying with all laws, codes, industry standards, and liability for damages
caused by negligent acts, errors, omissions, noncompliance with industry standards,
or the willful misconduct of the Consultant or its subcontractors.
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B. Application of Laws. Should a federal or state law pre-empt a local law, or regulation, the
Consultant must comply with the federal or state law and implementing regulations. No
provision of this Agreement requires the Consultant to observe or enforce compliance with
any provision, perform any other act, or do any other thing in contravention of federal, state,
territorial, or local law, regulation, or ordinance. If compliance with any provision of this
Agreement violates or would require the Consultant to violate any law, the Consultant agrees
to notify City immediately in writing. Should this occur, the City and the Consultant agree
that they will make appropriate arrangements to proceed with or, if necessary, amend or
terminate this Agreement, or portions of it, expeditiously.
Subcontractors. Consultant agrees to take appropriate measures necessary to ensure that
all participants utilized by the Consultant to complete its obligations under this
Agreement, such as subcontractors, comply with all applicable laws, regulations,
ordinances, and policies, whether federal, state, or local, affecting Project
implementation. In addition, if a subcontractor is expected to fulfill any responsibilities of
the Consultant under this Agreement, the Consultant shall ensure that the subcontractor
carries out the Consultant's responsibilities as set forth in this Agreement.
C. Insurance
General. Consultant must procure and maintain, during the period of performance of this
Agreement, and for twelve months after completion, policies of insurance from insurance
companies to protect against claims for injuries to persons or damages to property that
may arise from or in connection with the performance of the work under this Agreement
and the results of that work by the Consultant, his agents, representatives, employees or
subcontractors, and provide documentation of same prior to commencement of work.
2. Minimum Scope of Insurance. Coverage must be at least as broad as:
a. CGL. Insurance Services Office Commercial General Liability coverage (occurrence
Form CG0001).
b. Auto. Insurance Services Office Form Number CA 0001 covering Automobile
Liability, Code 1 (any auto).
c. WC. Workers' Compensation insurance as required by the State of California and
Employer's Liability Insurance.
d. E&O. Professional Liability or Errors & Omissions Liability insurance appropriate to
the Consultant's profession. Architects' and Engineers' coverage is to be endorsed to
include contractual liability.
3. Minimum Limits of Insurance. Consultant must maintain limits no less than those
included in the table below:
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i. General Liability: $1,000,000 per occurrence for bodily injury, personal injury,
(Including (including death), and property damage. If Commercial General
operations, Liability insurance with a general aggregate limit is used, either
products and the general aggregate limit must apply separately to this
completed Project/location or the general aggregate limit must be twice the
operations, as required occurrence limit.
a licable
ii. Automobile $1,000,000 per accident for bodily injury, including death, and
Liability: property damage.
iii. Workers' Statutory
Compensation $1,000,000 each accident
Employer's $1,000,000 disease-policy limit
Liabili $1,000,000 disease-each em to ee
iv. Professional $1,000,000 each occurrence
Liability or Errors
& Omissions
Liabili
4. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must
be declared to and approved by the City. At the option of the City, either the insurer will
reduce or eliminate such deductibles or self-insured retentions as they pertain to the City,
its officers, officials, employees and volunteers; or the Consultant will provide a financial
guarantee satisfactory to the City guaranteeing payment of losses and related
investigations, claim administration, and defense expenses.
5. Other Insurance Provisions. The general liability, automobile liability, and where
appropriate, the worker's compensation policies are to contain, or be endorsed to contain,
the following provisions:
a. Additional Insureds. City of Chula Vista, its officers, officials, employees, agents,
and volunteers are to be named as additional insureds with respect to all policies of
insurance, including those with respect to liability arising out of automobiles owned,
leased, hired or borrowed by or on behalf of the Consultant, where applicable, and,
with respect to liability arising out of work or operations performed by or on behalf of
the Consultant, including providing materials, parts or equipment furnished in
connection with such work or operations. The general liability additional insured
coverage must be provided in the form of an endorsement to the Consultant's
insurance using ISO CG 2010 (11/85) or its equivalent. Specifically, the endorsement
must not exclude Products/Completed Operations coverage.
b. Primary Insurance. The Consultant's General Liability insurance coverage must be
primary insurance as it pertains to the City, its officers, officials, employees, agents,
and volunteers. Any insurance or self-insurance maintained by the City, its officers,
officials, employees, or volunteers is wholly separate from the insurance of the
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Consultant and in no way relieves the Consultant from its responsibility to provide
insurance.
c. Cancellation. The insurance policies required by this Agreement shall not be canceled
by either party, except after thirty days' prior written notice to the City by certified
mail, return receipt requested. The words "will endeavor" and "but failure to mail
such notice shall impose no obligation or liability of any kind upon the company, its
agents, or representatives" shall be deleted from all certificates.
d. Active Negligence. Coverage shall not extend to any indemnity coverage for the
active negligence of the additional insured in any case where an agreement to
indemnify the additional insured would be invalid under Subdivision (b) of Section
2782 of the Civil Code.
e. Waiver of Subrogation. Consultant's insurer will provide a Waiver of Subrogation in
favor of the City for each required policy providing coverage for the term required by
this Agreement.
6. Claims Forms. If General Liability, Pollution and/or Asbestos Pollution Liability and/or
Errors & Omissions coverage are written on a claims-made form:
a. Retro Date. The "Retro Date" must be shown, and must be before the date of the
Agreement or the beginning of the work required by the Agreement.
b. Maintenance and Evidence. Insurance must be maintained and evidence of insurance
must be provided for at least five years after completion of the work required by the
Agreement.
c. Cancellation. If coverage is canceled or non-renewed, and not replaced with another
claims-made policy form with a "Retro Date" prior to the effective date of the
Agreement, the Consultant must purchase "extended reporting" coverage for a
minimum of five years after completion of the work required by the Agreement.
d. Copies. A copy of the claims reporting requirements must be submitted to the City
for review.
7. Acceptability of Insurers. Insurance is to be placed with licensed insurers admitted to
transact business in the State of California with a current A.M. Best's rating of no less
than A V. If insurance is placed with a surplus lines insurer, insurer must be listed on the
State of California List of Eligible Surplus Lines Insurers ("LESLI") with a current A.M.
Best's rating of no less than A X. Exception may be made for the State Compensation
Fund when not specifically rated.
8. Verification of Coverage. Consultant shall furnish the City with original certificates and
amendatory endorsements effecting coverage required by Section LC. of this Agreement.
The endorsements should be on insurance industry forms, provided those endorsements
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or policies conform to the requirements of this Agreement. All certificates and
endorsements are to be received and approved by the City before work commences. The
Ciry reserves the right to require, at any time, complete, certified copies of all required
insurance policies, including endorsements evidencing the coverage required by these
specifications.
9. Subcontractors. Consultant must include all subconsultants as insureds under its policies
or furnish separate certificates and endorsements for each subconsultant. All coverage for
subconsultants is subject to all of the requirements included in these specifications.
10. Not a Limitation of Other Oblieations. Insurance provisions under this Article shall not
be construed to limit the Consultant's obligations under this Agreement, including
Indemnity.
D. Security for Performance
1. Performance Bond. In the event that Exhibit A, at Paragraph 18, indicates the need for
Consultant to provide a Performance Bond (indicated by a check mark in the
parenthetical space immediately preceding the subparagraph entitled "Performance
Bond"), then Consultant shall provide to the City a performance bond, in the amount
indicated at Exhibit A, Paragraph 18, in the form prescribed by the City and by such
sureties which are authorized to transact such business in the State of California, listed as
approved by the United States Department of Treasury Circular 570,
ham://www.fms.treas.eov/c570, and whose underwriting limitation is sufficient to issue
bonds in the amount required by the Agreement, and which also satisfy the requirements
stated in Section 995.660 of the Code of Civil Procedure, except as provided otherwise
by laws or regulations. All bonds signed by an agent must be accompanied by a certified
copy of such agent's authority to act. Surety companies must be duly licensed or
authorized in the jurisdiction in which the Project is located to issue bonds for the limits
so required. Form must be satisfactory to the Risk Manager or City.
2. Letter of Credit. In the event that Exhibit A, at Paragraph 18, indicates the need for
Consultant to provide a Letter of Credit (indicated by a check mark in the parenthetical
space immediately preceding the subparagraph entitled "Letter of Credit"), then
Consultant shall provide to the City an irrevocable letter of credit callable by the City at
its unfettered discretion by submitting to the bank a letter, signed by the City Manager,
stating that the Consultant is in breach of the terms of this Agreement. The letter of
credit shall be issued by a bank, and be in a form and amount satisfactory to the Risk
Manager or City Attorney which amount is indicated in the space adjacent to the term,
"Letter of Credit," in Exhibit A, Paragraph 18.
3. Other Security. In the event that Exhibit A, at Paragraph 18, indicates the need for
Consultant to provide security other than a Performance Bond or a Letter of Credit
(indicated by a check mark in the parenthetical space immediately preceding the
subparagraph entitled "Other Security"), then Consultant shall provide to the City such
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other securty therein listed in a form and amount satisfactory to the Risk Manager or
City Attorney.
E. Business License. Consultant agrees to obtain a business license from the City and to
otherwise comply with Title 5 of the Chula Vista Municipal Code.
ARTICLE II. CITY OBLIGATIONS
A. Consultation and Cooperation. City shall regularly consult the Consultant for the purpose
of reviewing the progress of the Defined Services and Schedule, and to provide direction and
guidance to achieve the objectives of this Agreement. The City shall allow Consultant access
to its office facilities, files and records, as deemed necessary and appropriate by the City,
throughout the term of this Agreement. In addition, City agrees to provide the materials
identified at Exhibit A, Paragraph 9, with the understanding that delay in the provision of
those materials beyond thirty days after authorization to proceed, shall constitute a basis for
the justifiable delay in the Consultant's performance.
B. Compensation.
Following Receipt of Billing. Upon receipt of a properly prepared bill from Consultant,
submitted to the City as indicated in Exhibit A, Paragraph 17, but in no event more
frequently than monthly, on the day of the period indicated in Exhibit A, Paragraph 17,
City shall compensate Consultant for all services rendered by Consultant according to the
terms and conditions set forth in Exhibit A, Paragraph 10, adjacent to the governing
compensation relationship indicated by a "checkmark" next to the appropriate
arrangement, subject to the requirements for retention set forth in Paragraph 18 of
Exhibit A, and shall compensate Consultant for out of pocket expenses as provided in
Exhibit A, Paragraph 11.
2. Supuorting Information. Any billing submitted by Consultant shall contain sufficient
information as to the propriety of the billing, including properly executed payrolls, time
records, invoices, contracts, or vouchers describing in detail the nature of the charges to
the Project in order to permit the City to evaluate that the amount due and payable is
proper, and such billing shall specifically contain the City's account number indicated on
Exhibit A, Paragraph 17(C) to be charged upon making such payment.
Exclusions. In determining the amount of the compensation City will exclude any cost:
1) incurred prior to the effective date of this Agreement; or 2) arising out of or related to
the errors, omissions, negligence or acts of willful misconduct of the Consultant, its
agents, employees, or subcontractors.
a. Errors and Omissions. In the event that the City Administrator determines that
the Consultant's negligence, errors, or omissions in the performance of work
under this Agreement has resulted in expense to City greater than would have
resulted if there were no such negligence, errors, omissions, Consultant shall
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reimburse City for any additional expenses incurred by the City. Nothing in this
paragraph is intended to limit City's rights under other provisions of this
Agreement.
4. Payment Not Final Approval. The Consultant understands and agrees that payment to the
Consultant for any Project cost does not constitute a City final decision about whether
that cost is allowable and eligible for payment under the Project and does not constitute a
waiver of any violation of Consultant of the terms of the Agreement. The Consultant
acknowledges that City will not make a fmal determination about the eligibility of any
cost until the final payment has been made on the Project or the results of an audit of the
Project requested by the City has been completed, whichever occurs latest. If City
determines that the Consultant is not entitled to receive any portion of the compensation
due or paid, City will notify the Consultant in writing, stating its reasons. The Consultant
agrees that Project closeout will not alter the Consultant's responsibility to return any
fiands due City as a result of later refunds, corrections, or other similar transactions; nor
will Project closeout alter the right of City to disallow costs and recover funds provided
for the Project on the basis of a later audit or other review.
a. Consultant's Obligation to Pay. Upon notification to the Consultant that specific
amounts are owed to City, whether for excess payments or disallowed costs, the
Consultant agrees to remit to City promptly the amounts owed, including applicable
interest.
ARTICLE III. ETHICS
A. Financial Interests of Consultant
Consultant is Designated as an FPPC Filer. If Consultant is designated on Exhibit A,
Paragraph 14, as an "FPPC filer," Consultant is deemed to be a "Consultant" for the
purposes of the Political Reform Act conflict of interest and disclosure provisions, and
shall report economic interests to the City Clerk on the required Statement of Economic
Interests in such reporting categories as are specified in Paragraph 14 of Exhibit A, or if
none aze specified, then as determined by the City Attorney.
2. No Participation in Decision. Regardless of whether Consultant is designated as an FPPC
Filer, Consultant shall not make, or participate in making or in any way attempt to use
Consultant's position to influence a governmental decision in which Consultant knows or
has reason to know Consultant has a financial interest other than the compensation
promised by this Agreement.
Search to Determine Economic Interests. Regardless of whether Consultant is designated
as an FPPC Filer, Consultant warrants and represents that Consultant has diligently
conducted a search and inventory of Consultant's economic interests, as the term is used
in the regulations promulgated by the Fair Political Practices Commission, and has
determined that Consultant does not, to the best of Consultant's knowledge, have an
economic interest which would conflict with Consultant's duties under this Agreement.
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4. Promise Not to Acquire Conflicting Interests. Regardless of whether Consultant is
designated as an FPPC Filer, Consultant further warrants and represents that Consultant
will not acquire, obtain, or assume an economic interest during the term of this
Agreement which would constitute a conflict of interest as prohibited by the Fair Political
Practices Act.
Dutv to Advise of Conflictine Interests. Regardless of whether Consultant is designated
as an FPPC Filer, Consultant further warrants and represents that Consultant will
immediately advise the City Attorney if Consultant learns of an economic interest of
Consultant's that may result in a conflict of interest for the purpose of the Fair Political
Practices Act, and regulations promulgated thereunder.
6. Specific Warranties Against Economic Interests. Consultant warrants, represents and
agrees that:
a. Neither Consultant, nor Consultant's immediate family members, nor Consultant's
employees or agents ("Consultant Associates") presently have any interest, directly or
indirectly, whatsoever in any property which maybe the subject matter of the Defined
Services, or in any property within 2 radial miles from the exterior boundaries of any
property which may be the subject matter of the Defined Services, ("Prohibited
Interest"), other than as listed in Exhibit A, Paragraph 14.
b. No promise of future employment, remuneration, consideration, gratuity or other
reward or gain has been made to Consultant or Consultant Associates in connection
with Consultant's performance of this Agreement. Consultant promises to advise City
of any such promise that may be made during the Term of this Agreement, or for
twelve months thereafter.
c. Consultant Associates shall not acquire any such Prohibited Interest within the Term
of this Agreement, or for twelve months after the expiration of this Agreement,
except with the written permission of City.
d. Consultant may not conduct or solicit any business for any party to this Agreement,
or for any third party that may be in conflict with Consultant's responsibilities under
this Agreement, except with the written permission of City.
IV. LIQUIDATED DAMAGES
A. Application of Section. The provisions of this section apply if a Liquidated Damages Rate
is provided in Exhibit A, Pazagraph 13.
Estimatine Damages. It is acknowledged by both parties that time is of the essence in the
completion of this Agreement. It is difficult to estimate the amount of damages resulting
from delay in performance. The parties have used their judgment to arrive at a reasonable
amount to compensate for delay.
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2. Amount of Penalty. Failure to complete the Defined Services within the allotted time
period specified in this Agreement shall result in the following penalty: For each
consecutive calendar day in excess of the time specified for the completion of the
respective work assignment or Deliverable, the Consultant shall pay to the City, or have
withheld from monies due, the sum of Liquidated Damages Rate provided in Exhibit A,
Paragraph 13 ("Liquidated Damages Rate").
3. Request for Extension of Time. If the performance of any act required of Consultant is
directly prevented or delayed by reason of strikes, lockouts, labor disputes, unusual
governmental delays, acts of God, fire, floods, epidemics, freight embargoes, or other
causes beyond the reasonable control of the Consultant, as determined by the City,
Consultant shall be excused from performing that act for the period of time equal to the
period of time of the prevention or delay. In the event Consultant claims the existence of
such a delay, the Consultant shall notify the City's Contract Administrator, or designee, in
writing of that fact within ten calendar days after the beginning of any such claimed
delay. Extensions of time will not be granted for delays to minor portions of work unless
it can be shown that such delays did or will delay the progress of the work.
ARTICLE V. INDEMNIFICATION
A. Defense, Indemnity, and Hold Harmless.
1. General Requirement. Except for liability for Design Professional Services covered
under Article V., Section A.2., Consultant shall defend, indemnify, protect and hold
harmless the City, its elected and appointed officers, agents and employees, from and
against any and all claims, demands, causes of action, costs, expenses, liability, loss,
damage or injury, in law or equity, to property or persons, including wrongful death, in
any manner arising out of or incident to any alleged acts, omissions, negligence, or
willful misconduct of Consultant, its officials, officers, employees, agents, and
contractors, arising out of or in connection with the performance of the Defined Services
or this Agreement. This indemnity provision does not include any claims, damages,
liability, costs and expenses (including without limitations, attorneys fees) arising from
the sole negligence, active negligence or willful misconduct of the City, its officers,
employees. Also covered is liability arising from, connected with, caused by or claimed
to be caused by the active or passive negligent acts or omissions of the City, its agents,
officers, or employees which may be in combination with the active or passive negligent
acts or omissions of the Consultant, its employees, agents or officers, or any third party.
2. Design Professional Services. If Consultant provides design professional services, as
defined by California Civil Code section 2782.5, as may be amended from time to time,
Consultant shall defend, indemnify and hold the City, its officials, officers, employees,
volunteers, and agents free and harmless from any and all claims, demands, causes of
action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or
persons, including wrongful death, in any manner arising out of, pertaining to, or relating
to the negligence, recklessness, or willful misconduct of Consultant, its officials, officers,
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employees, agents, consultants, and contractors arising out of or in connection with the
performance of Consultant's services. Consultant's duty to defend, indemnify, and hold
harmless shall not include any claims or liabilities arising from the sole negligence, active
negligence or willful misconduct of the City, its agents, officers or employees. This
section in no way alters, affects or modifies the Consultant's obligations and duties under
this Agreement.
3. Costs of Defense and Award. Included in the obligations in Sections A.1 and A.2, above,
is the Consultant's obligation to defend, at Consultant's own cost, expense and risk, any
and all suits, actions or other legal proceedings, that maybe brought or instituted against
the City, its directors, officials, officers, employees, agents and/or volunteers, subject to
the limitations in Sections A.1. and A.2. Consultant shall pay and satisfy any judgment,
award or decree that may be rendered against City or its dtrectors, officials, officers,
employees, agents and/or volunteers, for any and all related legal expenses and costs
incurred by each of them, subject to the limitations in Sections A.1. and A.2.
4. Insurance Proceeds. Consultant's obligation to indemnify shall not be restricted to
insurance proceeds, if any, received by the Ciry, its directors, officials, officers,
employees, agents, and/or volunteers.
5. Declarations. Consultant's obligations under Article V shall not be limited by any prior
or subsequent declaration by the Consultant.
6. Enforcement Costs. Consultant agrees to pay any and all costs City incurs enforcing the
indemnity and defense provisions set forth in Article V.
7. Survival Consultant's obligations under Article V shall survive the termination of this
Agreement.
ARTICLE VL TERMINATION OF AGREEMENT
A. Termination for Cause. If, through any cause, Consultant shall fail to fulfill in a timely and
proper manner Consultant's obligations under this Agreement, or if Consultant shall violate
any of the covenants, agreements or stipulations of this Agreement, City shall have the right
to terminate this Agreement by giving written notice to Consultant of such termination and
specifying the effective date thereof at least five (5) days before the effective date of such
termination. In that event, all finished or unfinished documents, data, studies, surveys,
drawings, maps, reports and other materials prepared by Consultant shall, at the option of the
City, become the property of the City, and Consultant shall be entitled to receive just and
equitable compensation, in an amount not to exceed that payable under this Agreement and
less any damages caused City by Consultant's breach, for any work satisfactorily completed
on such documents and other materials up to the effective date of Notice of Termination,.
B. Termination of Agreement for Convenience of City. City may terminate this Agreement
at any time and for any reason, by giving specific written notice to Consultant of such
termination and specifying the effective date thereof, at least thirty (30) days before the
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effective date of such termination. In that event, all Finished and unfinished documents and
other materials described hereinabove shall, at the option of the City, become City's sole and
exclusive properly. If the Agreement is terminated by City as provided in this paragraph,
Consultant shall be entitled to receive just and equitable compensation, in an amount not to
exceed that payable under this Agreement, for any satisfactory work completed on such
documents and other materials to the effective date of such termination. Consultant hereby
expressly waives any and all claims for damages or compensation arising under this
Agreement except as set forth in this section.
ARTICLE VII. RECORD RETENTION AND ACCESS
A. Record. Retention. During the course of the Project and for three (3) years following
completion, the Consultant agrees and to maintain, intact and readily accessible, all data,
documents, reports, records, contracts, and supporting materials relating to the Project as City
may require.
B. Access to Records of Consultant and Subcontractors. The Consultant agrees to permit,
and require its subcontractors to permit City or its authorized representatives, upon request,
to inspect all Project work, materials, payrolls, and other data, and to audit the books,
records, and accounts of the Contractor and its subcontractors pertaining to the Project.
C. Project Closeout. The Consultant agrees that Project closeout does not alter the reporting
and record retention requirements of this Agreement.
ARTICLE VIII. PROJECT COMPLETION, AUDIT, AND CLOSEOUT
A. Project Completion. Within ninety (90) calendar days following Project completion or
termination by City, Consultant agrees to submit a final certification of Project expenses and
audit reports, as applicable.
B. Audit of Consultants. Consultant agrees to perform financial and compliance audits the
City may require. The Consultant also agrees to obtain any other audits required by City.
Consultant agrees that Project closeout will not alter Consultant's audit responsibilities. Audit
costs aze allowable Project costs.
C. Project Closeout. Project closeout occurs when City notifies the Consultant that City has
closed the Project, and either forwazds the final payment or acknowledges that the Consultant
has remitted the proper refund. The Consultant agrees that Project closeout by City does not
invalidate any continuing requirements imposed by the Agreement or any unmet
requirements set forth in a written notification from City
ARTICLE IX. MISCELLANEOUS PROVISIONS
A. Assignability. The services of Consultant are personal to the City, and Consultant shall not
assign any interest in this Agreement, and shall not transfer any interest in the same (whether
by assignment or notation), without prior written consent of City.
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1. Limited Consent City hereby consents to the assignment of the portions of the Defined
Services identified in Exhibit A, Paragraph 16 to the subconsultants identified as
"Permitted subconsultants".
B. Ownership, Publication, Reproduction and Use of Material. All reports, smdics,
information, data, statistics, forms, designs, plans, procedures, systems and any other
materials or properties produced under this Agreement shall be the sole and exclusive
property. of City. No such materials or properties produced in whole or in part under this
Agreement shall be subject to private use, copyrights or patent rights by Consultant in the
United States or in any other country without the express written consent of City. City shall
have unrestricted authority to publish, disclose (except as maybe limited by the provisions of
the Public Records Act), distribute, and otherwise use, copyright or patent, in whole or in
part, any such reports, studies, data, statistics, forms or other materials or properties produced
under this Agreement.
C. Independent Contractor. City is interested only in the results obtained and Consultant shall
perform as an independent contractor with sole control of the manner and means of
performing the services required under this Agreement. City maintains the right only to
reject or accept Consultant's work products. Consultant and any of the Consultant's agents,
employees or representatives are, for all purposes under this Agreement, independent
contractors and shall not be deemed to be employees of City, and none of them shall be
entitled to any benefits to which City employees are entitled including but not limited to,
overtime, retirement benefits, worker's compensation benefits, injury leave or other leave
benefits. Therefore, City will not withhold state or federal income tax, social security tax or
any other payroll tax, and Consultant shall be solely responsible for the payment of same and
shall hold the City harmless with regard to them.
1. Actions on Behalf of City. Except as City may specify in writing, Consultant shall have
no authority, express or implied, to act on behalf of City in any capacity whatsoever, as
an agent or otherwise. Consultant shall have no authority, express or implied, to bind
City or its members, agents, or employees, to any obligation whatsoever, unless expressly
provided in this Agreement.
2. No Obligations to Third Parties. In connection with the Project, Consultant agrees and
shall require that it's agents, employees, subcontractors agree that City shall not be
responsible for any obligations or liabilities to any third party, including its agents,
employees, subcontractors, or other person or entity that is not a party to this Agreement.
Notwithstanding that City may have concurred in or approved any solicitation,
subagreement, or third party contract at any tier, City shall have no obligation or liability
to any person or entity not a party to this Agreement.
D. Administrative Claims Requirements and Procedures. No suit or arbitration shall be
brought arising out of this Agreement, against City unless a claim has first been presented in
writing and filed with City and acted upon by City in accordance with the procedures set
forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may from time to time be
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amended, the provisions of which are incorporated by this reference as if fully set forth
herein, and such policies and procedures used by City in the implementation of same. Upon
request by City, Consultant shall meet and confer in good faith with City for the purpose of
resolving any dispute over the terms of this Agreement.
E. Administration of Contract. Each party designates the individuals ("Contract
Administrators") indicated on Exhibit A, Paragraph 12, as that party's contract administrator
who is authorized by the party to represent it in the routine administration of this Agreement.
F. Term. This Agreement shall terminate when the parties have complied with all executory
provisions hereof.
G. Attorney's Fees. Should a dispute arising out of this Agreement result in litigation, it is
agreed that the prevailing party shall be entitled to a judgment against the other for an
amount equal to reasonable attorneys' fees and court costs incurred. The "prevailing party"
shall be deemed to be the party who is awarded substantially the relief sought.
H. Statement of Costs. In the event that Consultant prepares a report or document, or
participates in the preparation of a report or document in performing the Defined Services,
Consultant shall include, or cause the inclusion of, in the report or document, a statement of
the numbers and cost in dollar amounts of all contracts and subcontracts relating to the
preparation of the report or document.
I. Consultant is Real Estate Broker and/or Salesman. If the box on Exhibit A, Paragraph 15
is marked, the Consultant and/or is principals is/are licensed with the State of California or
some other state as a real estate broker or salesperson. Otherwise, Consultant represents that
neither Consultant, nor its principals are licensed real estate brokers or salespersons.
J. Notices. All notices, demands or requests provided for or permitted to be given pursuant to
this Agreement must be in writing. All notices, demands and requests to be sent to any parry
shall be deemed to have been properly given or served if personally served or deposited in
the United States mail, addressed to such party, postage prepaid, registered or certified, with
return receipt requested, at the addresses identified in this Agreement as the places of
business for each of the designated parties.
K. Integration. This Agreement, together with any other written document referred to or
contemplated in it, embody the entire Agreement and understanding between the parties
relating to the subject matter hereof. Neither this Agreement nor any provision of it may be
amended, modified, waived or discharged except by an instrument in writing executed by the
party against which enforcement of such amendment, waiver or discharge is sought.
L. Capacity of Parties. Each signatory and party to this Agreement warrants and represents to
the other pazty that it has legal authority and capacity and direction from its principal to enter
into this Agreement, and that all necessary resolutions or other actions have been taken so as
to enable it to enter into this Agreement.
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M. Governing Law/Venue. This Agreement shall be governed by and construed in accordance
with the laws of the State of California. Any action arising under or relating to this
Agreement shall be brought only in the federal or state courts located in San Diego County,
State of California, and if applicable, the City of Chula Vista, or as close thereto as possible.
Venue for this Agreement, and performance under it, shall be the City of Chula Vista.
(End of page. Next page is signature page.)
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Signature Page
to
Agreement between
City of Chula Vista and
Jason Addison Smith Consulting Services, Inc., DBA JAS Pacific for Permit Processing,
Building Plan Check, Building Inspection and
Code Enforcement Services
IN WITNESS WHEREOF, City and Consultant have executed this Agreement,
indicating that they have read and understood same, and indicate their full and complete consent
to its terms:
Dated:
City of Chula Vista
By:
Cheryl Cox, Mayor
Attest:
Donna Norris, City Clerk
Approved as to form:
Glen Googins, City Attorney
Dated:
Jason Addison Smith Consulting Services,
Inc., DBA JAS Pacific
By:
J. Addison Smith, President
By:
Exhibit List to Agreement (X) Exhibit A.
Page 16
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Exhibit A
to
Agreement between
City of Chula Vista
and
Jason Addison Smith Consulting Services, Inc., DBA JAS Pacific
for Permit Processing, Building Plan Check, Building Inspection and
Code Enforcement Services
1. Effective Date of Agreement: February 1, 2011.
2. City-Related Entity:
(X) City of Chula Vista, a municipal chartered corporation of the State of California
ORedevelopment Agency of the City of Chula Vista, a political subdivision of the State of
California
OIndustrial Development Authority of the City of Chula Vista, a
OOther:
3. Place of Business for City:
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
a [insert business form]
4. Consultant: Jason Addison Smith Consulting Services, Inc., DBA JAS Pacific.
5. Business Form of Consultant:
OSole Proprietorship
( )Partnership
(X) Corporation
6. Place of Business, Telephone and Fax Number of Consultant:
201 N. Euclid Ave., Suite B
Upland, CA 91786
Tel: (909) 605-7777
Fax: (909) 605-0319
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7. General Duties:
The Consultant shall provide professional building permit processing, building plan
check and building inspection of permitted building construction projects, and City code
enforcement services as requested by the City per Section 8, "Scope of Work and Schedule".
For permit processing, building inspection and code enforcement services, Consultant
shall provide City with qualified individuals to be located at Ciry facilities and perform as an
extension of staff. Selection of these individuals will be further subject to approval by City. Plan
review services will be provided by Consultant at Consultant's place of business. City reserves
the right to also have Consultant provide City with qualified plan review individuals to be
located at City facilities and perform as an extension of staff.
Performance on all work is subject to the satisfaction of the City's Building Official.
8. Scope of Work and Schedule:
A. Detailed Scope of Work:
Permit Processing Services
1. When requested by Ciry, Consultant shall provide City with qualified individuals
to be located at City facilities and perform as an extension of staff under the
supervision of the counter supervisor with the knowledge, skills and abilities to
perform the following functions:
Enter permit and business license data into the automated database; research,
compile and prepare various limited reports and presentation graphics; assist the
general public at the front counter or by phone regarding building, planning and
engineering permit requirements, plan check fees, plan check filing procedures
and processing, and permit status; research information for public; accept permit
and business license applications and collect permit fees; review and evaluate
plans for completeness and for conformance with ordinances and department
standards, policies and guidelines; review plans for conditions of prior approval;
route plans to other city departments for review; approve minor permits; research
and respond to public inquiries; build and maintain positive working relationships
with co-workers, City employees and the public using principles of good
customer service; and perform related duties as assigned.
Selection of these individuals will be further subject to approval by City.
Plan Check Services
2. The Consultant shall perform initial plan review of submitted plans, to include
State regulated occupancies such as public schools (per DSA) and clinics (per
OSHPD 3), to determine compliance with City and State codes and regulations:
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Califomia Building Code; Califomia Plumbing Code; California Mechanical
Code; California Electrical Code; California Fire Code; California Energy Code;
Califomia Green Building Standards Code; California Disabled Access
Regulations; California Title 25, Mobile Home Parks; State Water Resource
Control Board regulations related to storm water pollution prevention; Sound
Transmission Control; and, locally adopted building ordinances and amendments
thereof.
3. The Consultant shall provide the applicant's designee and the City, a typed list of
items needing clarification or change to achieve conformance with the above
regulations.
4. The Consultant shall perform all necessary liaison with the applicant's designee,
either by telephone, mail or meeting in Consultant's office and all necessary
rechecks to achieve conformance to the regulations.
5. The Consultant shall provide recommendations and act as liaison to the Building
Official, or his designee, either by mail, telephone or in Consultant's office, to
insure compliance with Chula Vista Municipal Code Section 15.06.045,
"Alternate Materials, Methods of Design and Methods of Construction", and
Section 15.06.060(J), "Modifications.", and to insure compliance with local
policy interpretations.
6. The Consultant shall attend meetings related to proposed building projects at the
request of the Building Official at locations other than Consultant's office.
7. The Consultant shall perform plan reviews of revisions to plans that have
previously been approved for permit issuance, or perform plan reviews of changes
to plans prior to such approval.
8. The Consultant shall provide City with monthly plan review status reports for all
projects assigned.
9. When requested by City, Consultant shall provide City with qualified plan review
individuals to be located at City facilities and perform as an extension of staff.
Selection of these individuals will be further subject to approval by City.
Building Inspection Services
l0. When requested by City, Consultant shall provide City with qualified building
inspection individuals to be located at City facilities and perform as an extension
of staff. Selection of these individuals will be further subject to approval by City.
11. Consultant staff assigned to City shall provide next-workday inspections of all
requested inspections and re-inspections for compliance with City and State codes
and regulations: California Building Code; Califomia Plumbing Code; Califomia
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Mechanical Code; California Electrical Code; California Fire Code; California
Energy Code; California Green Building Standards Code; California Disabled
Access Regulations; California Title 25, Mobile Home Parks; State Water
Resource Control Board regulations related to storm water pollution prevention;
Sound Transmission Control; and, locally adopted building ordinances and
amendments thereof.
12. Consultant staff assigned to City shall coordinate with the Building Official on all
discretionary decisions or requests for alternate materials or types of construction.
13. Consultant staff assigned to City shall coordinate with the Building Official on all
Certificate of Occupancy to be sure that all applicable City regulatory agencies
have approved the project.
Code Enforcement Services
14. When requested by City, Consultant shall provide City with qualified code
enforcement individuals to be located at City facilities and perform as an
extension of staff. Selection of these individuals will be further subject to
approval by City.
15. Consultant staff assigned to City shall provide investigations of potential
violations of the Chula Vista Municipal Code; California Building Code;
California Plumbing Code; California Mechanical Code; California Electrical
Code; California Fire Code; California Energy Code; California Green Building
Standards Code; Uniform Housing Code; Abatement of Substandard Buildings
Code; California Disabled Access Regulations; California Title 25, Mobile Home
Parks; State Water Resource Control Board regulations related to storm water
pollution prevention; Sound Transmission Control; and, locally adopted
ordinances and amendments thereof.
16. Consultant staff assigned to City shall investigate complaints from citizens to
determine validity and the existence of violations of regulations, laws and codes.
17. Consultant staff assigned to City shall testify at appeal hearings and in superior
court.
18. Consultant staff assigned to City shall provide inspection and re-inspections as
needed.
19. Consultant staff assigned to City shall maintain all inspection records for all
assigned projects, document phone calls, e-mails, and meetings in case files.
20. Consultant staff assigned to City shall follow-up to complaints on dates specified.
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21. Consultant staff assigned to City shall process cases in conformance with policies
and procedures of the Code Enforcement Division.
22. Consultant staff assigned to City shall attend meetings related to code
enforcement matters at locations other than the Consultant's office and the City's
office.
23. Consultant staff assigned to City shall attend periodic evening meetings and/or
travel within and out of City boundaries.
B. Date for Commencement of Consultant Services:
(X) Same as Effective Date of Agreement
OOther:
C. Dates or Time Limits for Delivery of Deliverables:
Deliverable No. 1: Following City's request for plan review, the Consultant shall
complete the review within the following turnaround times:
- ' g.
Sin le Famil Dwellin u lex ut a ona
10 Workin .~'im
da s
A artments/Condominiums 10 Workin da s
Tenant Im rovements 10 Workin da s
Commercial/Industrial 10 Workin da s
Rechecks 5 Workin da s
Plan Chan e 5 Workin da s
Deliverable No. 2: No later than 3 workdays after completion of each plan check,
Consultant shall submit to City in writing a plan check correspondence which shall
contain the following information:
1. The day of the week and date the plans were received by Consultant from City;
2. The day of the week and date the plan check was completed by Consultant;
3. The day of the week and date the applicant's designee was notified by Consultant
the plan check was completed;
4. The number of workdays Consultant took to complete the plan check; and,
5. The list of items needing correction or change to achieve conformance with the
regulations under Section 8.A.2.
Deliverable No. 3: Consultant staff assigned to City shall provide next-workday
inspection of requested inspections that are assigned to Consultant and enter results in the
City's permit tracking system the same day of the inspection, and complete all
appropriate paperwork associated with the assigned inspections.
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Deliverable No. 4: Consultant staff assigned to Ciry shall provide next-workday
investigation and inspection of requested code enforcement complaints that are assigned
to Consultant and enter results in the City's permit tracking system the same day of the
inspection, and
Deliverable No. 5: Consultant staff assigned to City shall complete all appropriate
paperwork associated with special code enforcement projects assigned to Consultant.
D. Date for completion of all Consultant services:
January 31, 2014. Should City and Consultant mutually agree, the term of this agreement
maybe extended for additional one year terms for a total of three years. If all three one year
teens are agreed upon, the date for completion shall be January 31, 2017.
9. Materials Required to be Supplied by City to Consultant:
A. Provide those items supplied by the applicant, to allow plan checking to be
completed. This may include complete plans, construction specifications,
designated contact person, and any items unique to a particular project.
B. Provide Consultant with copies of or refer Consultant to any City ordinances
modifying the regulations adopted by the State of California.
C. Provide access to City's office facilities, files and records as City deems applicable
to prcjects assigned to Consultant.
D. Provide, from the applicant, the necessary items to allow building inspection to be
completed. This includes complete plans, construction specifications, designated
contact person, and any items unique to a particular project.
E. Provide, from the complainant, the necessary items to allow code enforcement
investigation and inspection to be completed. This includes the case file of the
assigned complaint.
F. Access to City's permit tracking system to record inspection results.
10. Compensation:
A. (X) Single Fixed Fee Arrangement.
For performance of all of the Defined Services by Consultant as herein required, City shall
pay a single fixed fee in the amounts and at the times or milestones or for the Deliverables set
forth below:
a. Compensation for each plan review under Section 8.A.2 through Section 8.A.6 shall
be 56-percent of the Building Division's portion of the City's adopted Plan Check
Fee as set forth in the City's Master Fee Schedule and includes the initial check and
all re-checks.
b. Section 8.A.7 revisions/changes shall be compensated pursuant to (a) above or (c)
below in connection with the related plan review.
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Compensation for each position hired as extension of staff, or the hourly charge for
other City requested services not compensated pursuant to (a) or (b) above shall be
based on the rate schedule below:
Rate Schedule
Claslsific~ahon 7 , ~" r,.~~ ~ -`~ ~ Y 3 ~
d.^~. c,. t w ~E 7Ho Rate
~
Plan Check En ineer 83
Buildin Ins ector 55
Code Enforcement Officer 52
Permit S ecialisbCounter Technician 38
CAS Certified S ecialist 125
Fire Plans Examiner 80
Structural En ineer 95
() 1. Interim Monthly Advances. The City shall make interim monthly advances
against the compensation due for each phase on a percentage of completion basis for
each given phase such that, at the end of each phase only the compensation for that
phase has been paid. Any payments made heteunder shall be considered as interest
free loans that must be returned to the City if the Phase is not satisfactorily
completed. If the Phase is satisfactorily completed, the City shall receive credit
against the compensation due for that phase. The retention amount or percentage set
forth in Paragraph 19 is to be applied to each interim payment such that, at the end of
the phase, the full retention has been held back from the compensation due for that
phase. Percentage of completion of a phase shall be assessed in the sole and
unfettered discretion by the Contracts Administrator designated herein by the Ciry, or
such other person as the City Manager shall designate, but only upon such proof
demanded by the City that has been provided, but in no event shall such interim
advance payment be made unless the Contractor shall have represented in writing that
said percentage of completion of the phase has been performed by the Contractor.
The practice of making interim monthly advances shall not convert this agreement to
a time and materials basis of payment.
B. OPhased Fixed Fee Anangement.
For the performance of each phase or portion of the Defined Services by Consultant as are
separately identified below, City shall pay the fixed fee associated with each phase of Services,
in the amounts and at the times or milestones or Deliverables set forth. Consultant shall not
commence Services under any Phase, and shall not be entitled to the compensation for a Phase,
unless City shall have issued a notice to proceed to Consultant as to said Phase.
Phase
1.
2.
Fee for Said Phase
Page 23
3-87
3. $
() 1. Interim Monthly Advances. The City shall make interim monthly advances
against the compensation due for each phase on a percentage of completion basis for
each given phase such that, at the end of each phase only the compensation for that
phase has been paid. Any payments made hereunder shall be considered as interest
free loans that must be returned to the City if the Phase is not satisfactorily
completed. If the Phase is satisfactorily completed, the City shall receive credit
against the compensation due for that phase. The retention amount or percentage set
forth in Paragraph 19 is to be applied to each interim payment such that, at the end of
the phase, the full retention has been held back from the compensation due for that
phase. Percentage of completion of a phase shall be assessed in the sole and
unfettered discretion by the Contracts Administrator designated herein by the City, or
such other person as the City Manager shall designate, but only upon such proof
demanded by the City that has been provided, but in no event shall such interim
advance payment be made unless the Contractor shall have represented in writing that
said percentage of completion of the phase has been performed by the Contractor.
The practice of making interim monthly advances shall not convert this agreement to
a time and materials basis of payment.
C. OHourly Rate Arrangement
For performance of the Defined Services by Consultant as herein required, City shall pay
Consultant for the productive hours of time spent by Consultant in the performance of said
Services, at the rates or amounts set forth in the Rate Schedule herein below according to the
following terms and conditions:
(1) ONot-to-Exceed Limitation on Time and Materials Arrangement
Notwithstanding the expenditure by Consultant of time and materials in excess of said
Maximum Compensation amount, Consultant agrees that Consultant will perform all of
the Defined Services herein required of Consultant for $ ,
including all Materials, and other "reimbursables" ("Maximum Compensation").
(2) OLimitation without Further Authorization on Time and Materials Arrangement
At such time as Consultant shall have incurred time and materials equal to
$ ("Authorization Limit"), Consultant shall not be entitled
to any additional compensation without further authorization issued in wrifing and
approved by the City. Nothing herein shall preclude Consultant from providing additional
Services at Consultant's own cost and expense. See Exhibit B for wage rates.
( )Hourly rates may increase by 6% for services rendered after [month], 20_, if delay
in providing services is caused by City.
11. Materials Reimbursement Arrangement
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For the cost of out of pocket expenses incurred by Consultant in the performance of services
herein required, City shall pay Consultant at the rates or amounts set forth below:
(X) None, the compensation includes all costs.
Cost or Rate
() Reports, not to exceed $ $
O Copies, not to exceed $ $
() Travel, not to exceed $ $
() Printing, not to exceed $ $
O Postage, not to exceed $ $
O Delivery, not to exceed $ $
O Outside Services: $
O Other Actual Identifiable Direct Costs: $ _
,not to exceed $ $
not to exceed $ $
12. Contract Administrators:
City: Lou El-Khazen, Building Official, Development Services Department, City of
Chula Vista, 276 Fourth Ave., Chula Vista, CA 91910, Tel: (619) 409-1960,
Email: lelkhazen(c~ci.chula-vista.ca.us .
Consultant: Paul Armstrong, Vice President, JAS Pacific, Inc., 201 North Euclid Ave.,
Upland, CA 91786, Tel: (909) 605-7777, Fax: (909) 605-0319, Email:
maul coiasoacifiacom .
13. Liquidated Damages Rate:
O $-
()Other:
per day.
14. Statement of Economic Interests, Consultant Reporting Categories, per Conflict of Interest
Code (Chula Vista Municipal Code chapter 2.02):
(X) Not Applicable. Not an FPPC Filer.
( )FPPC Filer
OCategory No. 1. Investments, sources of income and business interests.
( )Category No. 2. Interests in real property.
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3-89
OCategory No. 3. Investments, business positions, interests in real property, and
sources of income subject to the regulatory, permit or licensing authority of the
department administering this Agreement.
OCategory No. 4. Investments and business positions in business entities and sources of
income that engage in land development, construction or the acquisition or sale of
real property.
()Category No. 5. Investments and business positions in business entities and sources
of income that, within the past two years, have contracted with the City of Chula
Vista or the City's Redevelopment Agency to provide services, supplies, materials,
machinery or equipment.
OCategory No. 6. Investments and business positions in business entities and sources of
income that, within the past two years, have contracted with the department
administering this Agreement to provide services, supplies, materials, machinery or
equipment.
OList "Consultant Associates" interests in real property within 2 radial miles of Project
Property, if any:
15. O Consultant is Real Estate Broker and/or Salesman
16. Permitted Sub-consultants: None.
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17. Bill Processing:
A. Consultant's Billing to be submitted for the following period of time:
(X)Monthly
OQuarterly
OOther:
B. Day of the Period for submission of Consultant's Billing:
OFirst of the Month
O 15th Day of each Month
(X) End of the Month
()Other:
C. City's Account Number: To be provided by City
18. Security for Performance
OPerformance Bond, $
OLetter of Credit, $_
OOther Security:
Type:
Amount:
ORetention. If this space is checked, then notwithstanding other provisions to the contrary
requiring the payment of compensation to the Consultant sooner, the City shall be entitled
to retain, at their option, either the following "Retention Percentage" or "Retention
Amount" until the City determines that the Retention Release Event, listed below, has
occurred:
()Retention Percentage:
ORetention Amount: $_
Retention Release Event:
( )Completion of All Consultant Services
( )Other:
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