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HomeMy WebLinkAbout2011/02/22 Item 12CITY COUNCIL AGENDA STATEMENT ~~ ~ ~~ ~ -`"-'`'fi -s~. ~'r+ `i~Ai~ CITY OF CHULA VISTA FEBRUARY~2011,ItemNo.: L'2 22 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 12-1 Item No.: ~2 Meeting Date: 02-1DP~11 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. 12-2 Item No.: ~ 2 Meeting Date: 02- -11 Page 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 fox 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 building 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, aze 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 12-3 Item No.: ~2 Meeting Date: 02 Al-I 1 Page 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. for 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 Checlc, Building Inspection and Code Enforcement Services. Prepared by: Lau EI-Khazen, Building Official, Development Services Department 12-4 RESOLUTION N0. 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 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 EsGil 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 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~l as Gary Halbert, P.E., AICP Glyn R. Goog Development Services Director/ City Attorney Assistant City Manager 12-5 THE ATTACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILIQ BE FORMALLY SIGNED Glen Attorney Dated: ~ ~ ~ I ~ AGREEMENT BETWEEN THE CITY OF CHULA VISTA, AND EsGIL CORPORATION FOR PERMIT PROCESSING, BUILDING PLAN CHECK, BUILDING INSPECTION, AND CODE ENFORCEMENT SERVICES 12-6 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"), 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 aze 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.] Page 1 12-~ 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. 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, Pazagraph 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 similaz 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 i2-a 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 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 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: Page 3 12-9 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 Projectllocation 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 Page 4 12-~~ Consultant and in no way relieves the Consultant from its responsibility to provide insurance. a 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 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 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 yeazs 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 Page 5 12-11 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 famish 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 Obliuations. Insurance provisions under this Article shall not be construed to limit the Consultant's obligations under this Agreement, including Indemnity. D. Security for Performance 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 Citculaz 570, htto'//www fms.treas.~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 paeenthetical space immediately preceding the subparagraph entitled "Other Security"), then Consultant shall provide to the City such Page 6 12-12 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 Billine. Upon receipt of a properly prepared bill from Consultant, submitted to the City as indicated in Exhibit A, Pazagraph 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. 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 chazged 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 'dtan would have resulted if there were no such negligence, errors, omissions, Consultant shall Page 7 12-13 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 Apnroval. 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 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 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, Pazagraph 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 aze specified in Pazagraph 14 of Exhibit A, or if none are 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. Page 8 12-14 4. Promise Not to Acouire Conflictin¢ 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 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, Pazagraph 14. b. No promise of future employment, remuneration, consideration, gratuity or other rewazd 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. 1. Estimatin¢ 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 amve at a reasonable amount to compensate for delay. Page 9 12-15 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 detemuned 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, Page 10 12-16 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 unfmished 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 Page 11 12-17 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 pazagraph, 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 aclmowledges 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. Page 12 12-18 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 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 Page 13 12-19 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. 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. 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. Page 14 12-20 M. Governing Law/Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of Califomia. 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 Califomia, 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 12-21 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: Attest: Donna Nosis, City Clerk Approved as to form: Glen Googins, City Attorney Dated: Cheryl Cox, Mayor EsGil Corporation By: ~' ~Cj` By: Exhibit List to Agreement (X) Exhibit A. Kurt Culver, President Page 16 12-22 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 I, 2011. 2. City-Related Entity: (X) City of Chula Vista, a municipal chartered corporation of the State of Califomia ORedevelopment Agency of the City of Chula Vista, a political subdivision of the State of Califomia ()Industrial Development Authority of the City of Chula Vista, a OOther: , a [insert business form] ("City..) 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: ()Sole 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 Page 17 12-23 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: 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 regazding building, planning and engineering permit requirements, plan check fees, plan check filing procedures and processing, and permit status; reseazch 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: Page 18 12-24 California Building Code; California Plumbing Code; Califomia Mechanical Code; California Electrical Code; Califomia 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. 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(7), "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 Insnection 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; Califomia Page 19 12-25 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; Califomia 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; 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. Page 20 12-26 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 ()Other: 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 u lex 7 Worltin da s A artments/Condominiums 10 Workin da s Tenant Im rovements 7 Workin da s CommerciaUIndustrial 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 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. Page 21 12-27 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: 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 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 checlting 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. Page 22 12-28 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 Hourly Rate $/hr) Su ervisina 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 Pazagraph 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. Page 23 12-29 Phase Fee for Said Phase 1. $ 2. $ 3. $ 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 12-30 ( )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 $ $ () Copies, not to exceed $ $ O Travel, not to exceed $ $ O Printing, not to exceed $ $ () 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: lelkhazenCcr~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(c~es2il.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. Page 25 12-31 O FPPC Filer OCategory No. 1. Investments, sources of income and business interests. OCategory 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. OCategory 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: I5. ()Consultant is Real Estate Broker and/or Salesman 16. Permitted Sub-consultants: None. Page 26 12-32 17. Bill Processing: A. Consultant's Billing to be submitted for the following period of time: (X) Monthly ()Quarterly ()Other: _ 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 ()Other: C. City's Account Number: To be provided by City 18. Security for Performance ).Performance Bond, $ Letter of Credit, $_ )Other 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: Page 27 12-33 RESOLUTION N0. 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 Gary Halbert, P.E., AICP Development Services Director/ Assistant City Manager 12-34 THE ATTACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALLY SIGNED UPON APPROVAL BY THE CITY 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 12-35 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 I, 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, Ciry 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 I 12-36 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 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, 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 12-37 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, temtorial, 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 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). a YVC. 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 12-38 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 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 fmancial guarantee satisfactory to the City guazanteeing 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 azising 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 Page 4 12-39 Consultant and in no way relieves the Consultant from its responsibility to provide insurance. Cancellation. The insurance policies required by this Agreement shall not be canceled by either party, except afer 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 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 LC. of this Agreement. The endorsements should be on insurance industry forms, provided those endorsements Page 5 12-40 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 Obli¢ations. 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, httv'//www.fms.txeas.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 Pazagraph 18, indicates the need for Consultant to provide a Letter of Credit (indicated by a check mark in the pazenthetical 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 12-41 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. 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, Pazagraph 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. Sunnorting 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 12-42 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 Annroval. 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 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 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 aze specified in Pazagraph 14 of Exhibit A, or if none are specified, then as determined by the City Attorney. 2. No Participation in Decision. Regazdless 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 seazch 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. Page 8 12-43 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 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, Paragraph 13. Estimating Damages. It is aclatowledged 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. Page 9 12-44 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 negligenfacts 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, Page 10 12-45 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 temunate 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 Page 11 12-46 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 pazagraph, 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 Retenfion. 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 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. Page 12 12-47 I. 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. 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 Page 13 12-48 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, Pazagraph 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 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 matked, 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 petmitted 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. Page 14 12-49 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 12-50 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 1N 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, Ciry Attorney Dated: Bureau Verit orth America, Inc. By: ~ry~ Isam Hasenin, COO By: Exhibit List to Agreement (X) Exhibit A. Page 16 12-51 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 ( )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] ("City") 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: ()Sole Proprietorship OPartnership (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 12-52 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: 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: Page 18 12-53 California Building Code; California Plumbing Code; Califomia Mechanical Code; Califomia Electrical Code; Califomia 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. 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(.1), "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: Califomia Building Code; California Plumbing Code; California Page 19 12-54 Mechanical Code; California Electrical Code; Califomia Fire Code; California Energy Code; Califomia 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; Califomia Plumbing Code; California Mechanical Code; California Electrical Code; Califomia Fire Code; Califomia Energy Code; Califomia 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. Page 20 12-55 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 of Pro'ect '~ Turnarotiad Time Sin le Famil Dwellin /Du lex 5 Workin da s A artments/Condominiums 7 Workin da s Tenant Im rovements 5 Workin da s CommerciaUIndustrial 10 Workin da s Rechecks 5 Working 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. Page 21 12-56 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 maybe extended for additional one year 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. Page 22 12-57 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 F[ourl 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 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 personas 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 12-58 Phase Fee for Said Phase 1. $ 2. $ 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. ()Hourly 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 12-59 ( )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 $ $ () Copies, not to exceed $ $ O Travel, not to exceed $ $ O Printing, not to exceed $ $ () 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~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.haseninna us.bureauveritas.com . 13. Liquidated Damages Rate: () $ 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 12-60 OCategory No. 1. Investments, sources of income and business interests. OCategory 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. 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. Page 26 12-61 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 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: O Retention'Amount: $_ Retention Release Event: ( )Completion of All Consultant Services ( )Other: Page 27 12-62 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 nresented for and on behalf of the City of Chula Vista. Presented by Gary Halbert, P.E., AICP Development Services Director/ Assistant City Manager 12-63 THE ATTACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WI~L BE FORMALLY SIGNED UPON APPI?[~VAL~-Y~~ R. Gbogir ~ Attorney Dated: ~ 7 1 ~ 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 12-64 PARTIES AND RECITAL PAGE(S) Agreement between City of Chula Vista and Jason Addison Smith Consulting Services, Inc., DBA JA5 Pacific 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 farm 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.] Page 1 12-65 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. Iri 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 Waieer 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 12-66 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 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 12-67 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 orself-insured retentions must be declared to and approved by the City. At the option of the Ciry, 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 famished 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 Page 4 i2-sa 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. Acceytability 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 Page 5 12-69 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 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, httn'//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 pazenthetical 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 subpazagraph entitled "Other Security"), then Consultant shall provide to the City such Page 6 12-~~ 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, Ciry 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. 1. Following Receiyt of Billine. 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, Pazagraph 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. Sunportina 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 Ciry 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 12-71 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 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, Ciry 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 Ciry 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, Pazagraph 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. 2. No Particiroation in Decision. Regazdless 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. Page 8 12-72 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. 5. Duty to Advise of Conflictine Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant fiu~ther warrants and represents that Consultant will immediately advise the City Attorney if Consultant ]earns 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. 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. Applicafion of Section. The provisions of this section apply if a Liquidated Damages Rate is provided in Exhibit A, Paragraph 13. L Estimatins 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. Page 9 12-73 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, pertainirig to, or relating to the negligence, recklessness, or willful misconduct of Consultant, its officials, officers, Page 10 12-74 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 Ciry, its directors, officials, officers, employees, agents, and/or volunteers. 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 fmished 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 Page 11 12-75 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) yeazs 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 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. Page 12 12-76 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 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 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 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 Page 13 12-77 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 Ciry, 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 parry who is awarded substantially the relief sought. H. Statement of Costs. Ixr 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. 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. Page 14 12-78 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 12-79 Signature Page to Agreement between City of Chula Vista and Jason Addison Smith Consulting Services, Inc., DBA JAS Pacifc for Permit Processing, Building Plan Check, Building Inspection and Cade 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 c By: -~L-- J. Addison Smith, President By: Exhibit List to Agreement (X) Exhibit A. Page 16 12-80 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: 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 City of Chula Vista, a OOther: ("City") 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: ( )Sole 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 Page 17 12-81 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: 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: Page 18 12-82 California Building Code; Califomia Plumbing Code; California Mechanical Code; Califomia 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. 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. Buildine 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; Califomia Plumbing Code; Califomia Page 19 12-83 Mechanical Code; California Electrical Code; California Fire Code; Califomia 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 Ciry facilities and perform as an extension of staff. Selection of these individuals will be further subject to approval by Ciry. 15. Consultant staff assigned to City shall provide investigations of potential violations of the Chula Vista Municipal Code; California Building Code; Califomia Plumbing Code; Califomia Mechanical Code; Califomia Electrical Code; Califomia Fire Code; California Energy Code; Califomia Green Building Standards Code; Uniform Housing Code; Abatement of Substandazd Buildings 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 ordinances and amendments thereof. 1.6. 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. Page 20 12-84 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: ~- ~: of . n ec Sin leFamil Dwellin u lex urna o 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. Page 21 12-85 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 year 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, constmction 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 S.A.7 revisions/changes shall be compensated pursuant to (aj above or (c) below in connection with the related plan review. Page 22 12-86 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 Classrfic3ahon -;r ~ ~ ~ ~ t c~=t~4+7~,y.~r s+`~t ~ t. j:.. Inri 1t'' ~,~ HouQr,.l~~y~Rate ~ ; ~ ~D/hr ~ '. ineer Plan Check En 83 Buildin Ins ector 55 Code Enforcement Officer 52 Permit S ecialist/Counter Technician 38 CAS Certified S ecialist 125 Fire Plans Examiner 80 Structural En ineer 95 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 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 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. Phase 1. 2. Fee for Said Phase Page 23 12-87 3. $ 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. ( )Hourly rates may increase by 6°/o for services rendered after [month], 20, if delay in providing services is caused by City. 11. Materials Reimbursement Arrangement Page 24 12-88 For the cost of out of pocket expenses incurred by Consultant in the performance of services herein required, Ciry 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 $ $ O 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(a~.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: paul~iaspacifio.com . 13. Liquidated Damages Rate: () $ 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. ()FPPC Filer ()Category No. 1. Investments, sources of income and business interests. O Category No. 2. Interests in real property. Page 25 12-89 OCategory No. 3. Investments, business positions, interests in real property, and sources of income subject to the regulatory, permit or licensing authority of the deparhnent 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. OCategory 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. ()Consultant is Real Estate Broker and/or Salesman 16. Permitted Sub-consultants: None. Page 26 12-90 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 () 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 Ciry 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: OCompletion of All Consultant Services ( )Other: Page 27 12-91