HomeMy WebLinkAboutESGIL CORPORATION INC. 1•
AGREEMENT TERMINATIONI,
Please complete this form when the attached agreenNO AM MON ire eSct.
Return foam to the Sr. Deputy Clerk of the Co znci 3( }. Call 647 & if you have any
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The agreement with f No. A-Xn5: aqq
was completed on "/7and final payment has beep made.
Department
Signature:
Date:
City of Santa Ana
Revised 8-7-03 Clerk of the Council
INSURANCE NOT ON FILE
WORK MAY NOT PROCEED
CLERK OF COUNCIL
DATE: fa -3l -os
CONSULTANT AGREEMENT
D: Pbd- 1�1
A-2005-244
(t xats� THIS AGREEMENT made and entered into this 17`h day of October, 2005 by and
between EsGil Corporation, a California corporation (hereinafter "Consultant"), and the City of
Santa Ana, a charter city and municipal corporation organized and existing under the
Constitution and laws of the State of California (hereinafter "City").
RECITALS
A. The City desires to retain a consultant having special skill and knowledge in the field of
municipal plan check services.
B. Consultant represents that Consultant is able and willing to provide such services to the
City.
C. In undertaking the performance of this Agreement, Consultant represents that it is
knowledgeable in its field and that any services performed by Consultant under this
Agreement will be performed in compliance with such standards as may reasonably be
expected from a professional consulting firm in the field.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the
terms and conditions hereinafter set forth, the parties agree as follows:
1. SCOPE OF SERVICES
Consultant shall provide plan check services on request of the Executive Director of the
Planning and Building Agency, as set forth in Exhibit A, attached hereto.
Consultant shall deliver to City all work product resulting from the services provided.
Said work product shall be submitted in a hard copy and in a form compatible with City's
computer system, as agreed between the Executive Director and Consultant.
a. City agrees to pay, and Consultant agrees to accept as total payment for its services,
sixty-five percent (65%) of the applicable plan check fee charged by City. The total sum to be
expended for Plan Check services by all Consultants shall not exceed the $900,000.00 aggregate
amount approved by City Council on October 17, 2005.
b. Payment by City shall be made within thirty (30) days following receipt of proper
invoice evidencing work performed, subject to City accounting procedures. Consultant may
charge fifty percent (50%) of the total fee upon submission of the initial plan check report and
the balance upon completion of Plan Check for the project. Payment need not be made for work
which fails to meet the standards of performance set forth in the Recitals which may reasonably
be expected by City.
3. TERM
This Agreement shall commence on the date first written above and terminate when
allocated funds have been expended, unless terminated earlier in accordance with Section 12,
below.
4. INDEPENDENT CONTRACTOR
Consultant shall, during the entire term of this Agreement, be construed to be an
independent contractor and not an employee of the City. This Agreement is not intended nor
shall it be construed to create an employer-employee relationship, a joint venture relationship, or
to allow the City to exercise discretion or control over the professional manner in which
Consultant performs the services which are the subject matter of this Agreement; however, the
services to be provided by Consultant shall be provided in a manner consistent with all
applicable standards and regulations governing such services. Consultant shall pay all salaries and
wages, employer's social security taxes, unemployment insurance and similar taxes relating to
employees and shall be responsible for all applicable withholding taxes.
5. INSURANCE
Prior to undertaking performance of work under this Agreement, Consultant shall
maintain and shall require its subcontractors, if any, to obtain and maintain insurance as
described below:
a. Worker's Compensation Insurance. In accordance with the provisions of Section 3300
of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against
liability for worker's compensation or to undertake self-insurance. Prior to commencing the
performance of the work under this Agreement, Consultant agrees to obtain and maintain any
employer's liability insurance with limits not less than $1,000,000 per accident.
b. Professional liability (errors and omissions) insurance, with a combined single limit of
not less than $1,000,000 per claim.
c. The following requirements apply to the insurance to be provided by Consultant
pursuant to this section:
(i) Consultant shall maintain all insurance required above in full force and
effect for the entire period covered by this Agreement.
(ii) Certificates of insurance shall be furnished to the City upon execution of
this Agreement and shall be approved in form by the City Attorney.
(iii) Certificates and policies shall state that the policies shall not be canceled
or reduced in coverage or changed in any other material aspect without
thirty (30) days prior written notice to the City.
d. If Consultant fails or refuses to produce or maintain the insurance required by this
section or fails or refuses to furnish the City with required proof that insurance has been procured
and is in force and paid for, the City shall have the right, at the City's election, to forthwith
terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its
time and materials expended prior to notification of termination. Consultant waives the right to
receive compensation and agrees to indemnify the City for any work performed prior to approval
of insurance by the City.
6. INDEMNIFICATION
Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents,
employees, consultants, special counsel, and representatives from liability for personal injury,
damages, just compensation, restitution, judicial or equitable relief arising out of claims for
personal injury, including health, and claims for property damage, which may arise from the
direct or indirect operations of the Consultant or its contractors, subcontractors, agents,
employees, or other persons acting on their behalf which relates to the services described in
section 1 of this Agreement. This indemnity and hold harmless agreement applies to all claims
for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to
have been suffered, by reason of the events referred to in this Section or by reason of the terms
of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold
harmless, and pay all costs for the defense of the City, including fees and costs for special
counsel to be selected by the City, regarding any action by a third party challenging the validity
of this Agreement, or asserting that personal injury, damages, just compensation, restitution,
judicial or equitable relief due to personal or property rights arises by reason of the terms of, or
effects arising from this Agreement. City may make all reasonable decisions with respect to its
representation in any legal proceeding.
CONFIDENTIALITY
If Consultant receives from the City information which due to the nature of such
information is reasonably understood to be confidential and/or proprietary, Consultant agrees
that it shall not use or disclose such information except in the performance of this Agreement,
and further agrees to exercise the same degree of care it uses to protect its own information of
like importance, but in no event less than reasonable care. "Confidential Information" shall
include all nonpublic information. Confidential information includes not only written
information, but also information transferred orally, visually, electronically, or by other means.
Confidential information disclosed to either party by any subsidiary and/or agent of the other
party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure
shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is,
through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful
possession of the Consultant without an obligation of confidentiality; (d) is required to be
disclosed by operation of law; or (e) is independently developed by the Consultant without
reference to information disclosed by the City.
8. CONFLICT OF INTEREST CLAUSE
Consultant covenants that it presently has no interests and shall not have interests, direct
or indirect, which would conflict in any manner with performance of services specified under
this Agreement.
9. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this
Agreement shall be in writing and shall be deemed to be properly given if delivered in person or
mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other
telegraphic communication in the manner provided in this Section, to the following persons:
To City: Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
telefacsimile (714) 647-6956
With courtesy copies to:
Executive Director of Planning and Building Agency
and
Building Safety Division
City of Santa Ana
20 Civic Center Plaza (M-19)
P.O. Box 1988
Santa Ana, California 92702
telefacsimile (714) 647-5897
City Attorney
City of Santa Ana
20 Civic Center Plaza (M-29)
P.O. Box 1988
Santa Ana, California 92702
telefacsimile (714) 647-6515
To Consultant: EsGil Corporation
Richard James Esgate
9320 Chesapeake Drive, Suite 208
San Diego, California 92123
telefacsimile (858) 560-5313
A party may change its address by giving notice in writing to the other party. If sent by
mail, communication shall be effective or deemed to have been given three (3) days after it has
been deposited in the United States mail, duly registered or certified, with postage prepaid, and
addressed as set forth above. If sent by telefacsimile, communication shall be effective or
deemed to have been given twenty-four (24) hours after the time set forth on the transmission
report issued by the transmitting facsimile machine, addressed as set forth above. For purposes
of calculating these time frames, weekends, federal, state, County or City holidays shall be
excluded.
10. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and
Consultant, and supersedes any and all other agreements, oral or written, between the parties. In
the event of a conflict between the terms of this Agreement and any attachments hereto, the
terms of this Agreement shall prevail. This Agreement may not be modified except by written
instrument signed by the City and by an authorized representative of Consultant. The parties
agree that any terms or conditions of any purchase order or other instrument that are inconsistent
with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant nor
the City. Each party to this Agreement acknowledges that no representations, inducements,
promises or agreements, orally or otherwise, have been made by any party, or anyone acting on
behalf of any party, which are not embodied herein.
11. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Consultant,
Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior
written consent of the City and any such assignment, transfer, delegation or subcontract without
the City's prior written consent shall be considered null and void. Nothing in this Agreement
shall be construed to limit the City's ability to have any of the services which are the subject to
this Agreement performed by City personnel or by other consultants retained by City.
12. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of
termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant
compensation for all services performed by Consultant prior to receipt of such notice of termination,
subject to the following conditions:
a. As a condition of such payment, the Executive Director may require Consultant to deliver
to the City all work product completed as of such date, and in such case such work product shall be
the property of the City unless prohibited by law, and Consultant consents to the City's use thereof
for such purposes as the City deems appropriate.
b. Payment need not be made for work which fails to meet the standard of performance
specified in the Recitals of this Agreement.
13. DISCRIMINATION
Consultant shall not discriminate because of race, color, creed, religion, sex, marital
status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited
by applicable law, in the recruitment, selection, training, utilization, promotion, termination or
other employment related activities. Consultant affirms that it is an equal opportunity employer
and shall comply with all applicable federal, state and local laws and regulations.
14. JURISDICTION - VENUE
This Agreement has been executed and delivered in the State of California and the
validity, interpretation, performance, and enforcement of any of the clauses of this Agreement
shall be determined and governed by the laws of the State of California. Both parties further
agree that Orange County, California, shall be the venue for any action or proceeding that may
be brought or arise out of, in connection with or by reason of this Agreement.
15. PROFESSIONAL LICENSES
Consultant shall, throughout the term of this Agreement, maintain all necessary licenses,
permits, approvals, waivers, and exemptions necessary for the provision of the services
hereunder and required by the laws and regulations of the United States, the State of California,
the City of Santa Ana and all other governmental agencies. Consultant shall notify the City
immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals,
waivers, and exemptions. Said inability shall be cause for termination of this Agreement.
16. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature hereinbelow has the power,
authority and right to bind their respective parties to each of the terms of this Agreement, and shall
indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to
City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn.
b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set
forth in the body of this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year
first above written.
ATTEST:
PATRICIA E. HEALY
Clerk of the Council
APPROVED AS TO FORM:
JOSEPH W.FLETCHER
City Attorney
By:
LauAd8heedy
Assistant City Attorney
RECOMMENDED FOR APPROVAL:
A TREVINO
x utive Director of the
Planning and Building Agency
CITY OF SANTA ANA
DAVID N. REAM
City Manager
CONSULTANT
4 4 as
RICHARD MES ESGT
President
Tax ID# iS—�3 el yTOle
EXHIBIT A
SCOPE OF SERVICES
General Description
Building Safety Division of the City of Santa Ana foresees submittal of several large projects in
the near future. Therefore, the City is seeking the services of professional consultants to support
the efforts of City staff in the area of plan checking.
Scope of Services
Consultant shall perform the following services for each assigned building plan review.
Detail review the mechanical, plumbing, electrical and building (architectural/structural)
plans. Review supporting documents for industrial, commercial, residential and public
buildings and determine compliance with applicable building standards as related to
existing and proposed buildings.
2. Review the plans for compliance with California state -mandated regulations for energy
conservation, disabled access and City Adopted Ordinances.
3. Review the plans for compliance with Federal Flood Plain regulations for projects in the
special flood hazard area designated on the flood insurance rate map (FIRM) as zone A01
or AE.
4. Recheck and approval of final plans and supporting documents to be provided without
additional charge for recheck.
5. Submittal of approved plans and all supporting documents to the City of Santa Ana.
6. Provide all necessary liaison with applicants via fax, phone, e-mail or in person to
expedite the review process and consult on complex code issues with City of Santa Ana
Building Official.
7. Plan review report to be customized for each project and be delivered via fax, mail or e-
mail to City and the applicant.
8. Structural portion of the plans to be reviewed by California Licensed Civil or Structural
Engineer.
9. Plan reviewer to be consistent, accurate, available and responsive to the City and the
applicant via phone, fax, e-mail and meetings. Also, the plan reviewer shall be available
to the Building Official and his staff to help answer Code questions arising from review.
Plan reviewer shall provide assistance in evaluation of alternate materials, design and
methods of construction proposed by applicant.
10. Plan reviewer shall be available, at no expense to the City of Santa Ana, to meet at the
City office with owners, architects, engineers and contractors to discuss the Plan Check
issues.
11. Plan reviewer to verify that the job description, square footages, occupancy
classifications and type of construction, on the permit application agrees with the plans
and specifications. Plan reviewer will also verify the building valuation based upon
valuation costs used by the City of Santa Ana.
12. Initial Plan review to be complete within fifteen (15) working days and recheck within
five (5) working days.
13. Deferred submittals, trusses, stairs, curtain walls, etc. to be reviewed on hourly rate of
$85.00/hour.
14. Consultant fee for review services to be 65% of the City of Santa Ana Plan Check Fee.
a
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
OCTOBER 17, 2005
TITLE:
AGREEMENTS FOR CONTRACTED BUILDING
PLAN CHECK AND BUILDING INSPECTION
SERVICES AND APPROPRIATION
ADJUSTMENTS
W
W"_=
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED �CJ 1 7 2005
s Recommended
❑ As Amended
❑ Ordinance on 1s' Reading
❑ Ordinance on 2ntl Reading
❑ Implementing Resolution
❑ Set Public Hearing For
CONTINUED TO
FILE NUMBER A-2005-244
R.A. o&—v41+
1. Direct the City Attorney to prepare and authorize the City Manager
and Clerk of the Council to execute agreements with EsGil
Corporation; SFA: Scott Fazekas and Associates, Inc.; Willdan; and
Robert J. Tyler, in an aggregate total amount not to exceed $900,000.
2. Direct the City Attorney to prepare and authorize the City Manager
and Clerk of the Council to execute an agreement with Vandorpe Chou
Associates, Inc. for building inspection services in an amount not to
exceed $50,000.
3. Approve appropriation adjustments recognizing aggregate total
amounts not to exceed $900,000 in the 2005-2006 FY revenue account
for building plan check (account no. 011-01-5401) and appropriating
various amounts not to exceed $900,000 to the Planning and Building
Agency 2005-2006 FY budget allocation in the account for contractual
services (account no. 11-508-6291) for payments to the consultants
contracted to complete building plan checks of various projects.
4. Approve an appropriation adjustment recognizing $80,000 in the 2005-
2006 FY revenue account for building permits(account no. 011-01-
5911) and appropriating $30,000 to the Planning and Building Agency
2005-2006 FY budget allocation in the account for overtime (account
no. 11-507-6141) for overtime building inspections and $50,000 in
the account for contractual services (account no. 11-507-6291) for
contracted building inspection services.
DISCUSSION
The City has experienced an upward trend in development over the last
several years which is expected to continue to increase in the current
fiscal year. Six major high-rise projects, alone, scheduled to begin
development in the next nine months are estimated to provide over
Plan Check and Inspection Agreements
and Appropriation Adjustments
October 17, 2005
Page 2
$3,000,000 in permit and plan check fees to the City (Exhibit 1). Among
these are three Nexus projects, which include two 23 -story residential
towers at MacArthur Lake site, one 23 -story residential tower at
MacArthur Cinema site, and one four-story, 350 unit residential project
at Main Street and MacArthur Boulevard. Also included are 240 live/work
units at City Place, the Geneva Commons project, with one 8 -story tower
and a second 18 -story tower of residential and commercial units, and the
Santiago Street Lofts with 72 residential units. These and other major
projects expected to enter plan check within the next twelve months will
put a significant burden on the plan check staff to provide timely and
accurate processing of plans. After these projects break ground, the
building inspection staff will face the same challenge of providing
timely service in order to keep all projects moving forward.
The City is presently contracting for the plan check of one project, the
Bowers Museum expansion, to ensure timely processing without other
projects in the pipeline. In order to provide an acceptable service
level for these major projects --a goal of a three-week turn -around time
for all plan submittals --it is necessary to augment plan check resources.
The use of contracted plan check services will address the peak workload
demands more efficiently than permanent staffing. Additional full-time
employees may not be required when these major projects are completed.
While the plan check of these high-rise projects will be accomplished in-
house by City staff, the structural plan checks may be assigned to
contractors who will utilize computer assisted design (CAD) software to
improve efficiency.
Of the seven consulting firms that responded to the Request for a
Proposal, four consulting firms meet the City's requirements for
availability of qualified engineering staff, turn -around time, locale,
and fees. The four recommended firms will provide necessary services at a
rate of 65% of the City's plan check fee for each project they receive,
as well as appropriate hourly rates for processing required plan
revisions. All four firms have agreed that no other costs will be added.
Similar to many cities, the City of Santa Ana has utilized contracted
building inspection service for many years when service demands peak and
when there are temporary staff shortages. The recommended firm, Vandorpe
Chou Associates, Inc., has been utilized by the City in the past for
contracted inspection services. Its staff was knowledgeable in the
pertinent codes and quickly became familiar with City procedures. Of the
four firms considered, Vandorpe Chow has staffing immediately available at
a rate of $48 to $58 per hour based on the specific qualifications of the
individual inspector. The rates of other firms considered have escalated
Plan Check and Inspection Agreements
and Appropriation Adjustments
October 17, 2005
Page 3
to $80 per hour or more. In addition to contract staffing, use of City
inspectors on an overtime basis will provide additional inspection
service as needed to address unusually heavy daily workload. Use of
overtime also will make available extended hours, which are often more
desirable to the owner -builder on home improvement projects.
FISCAL IMPACT
A number of high-rise projects have been identified to begin development
in the near future. Of these, six, alone, which either have begun the
plan check process, or will begin shortly, will provide the City over
$3,000,000 in revenue for building plan check fees and building permit
fees in the current fiscal year. An estimated $1,812,775 of this revenue
is above and beyond current year revenue projections. Further, this
anticipated revenue does not include the permit and plan check fees for
electrical, plumbing, mechanical, and grading, which also will show an
increase above and beyond the amounts projected for FY 2005-06.
Plan check fees paid to the City for each project will fund the cost of
outside plan check consultants. Sixty-five percent of the plan check fee
paid for each project assigned to a consultant will be recognized in the
revenue account for building plan check (account no. 011-01-5401) and a
like amount appropriated to the Planning and Building Agency account for
contractual services (account no. 11-508-6291), not to exceed a total
aggregate amount of $900,000. In addition, a total amount of $80,000
will be recognized in the 2005-2006 FY revenue account for building
permits (account no. 011-01-5911) and $30,000 appropriated to the
Planning and Building Agency 2005-2006 FY budget allocation in the
account for overtime (account no. 11-507-6141), and $50,000 appropriated
in the account for contractual services (account no. 11-507-6291) for
contracted building inspection services.
ay . Trevino
x utive Director
Planning and Building Agency
SB:rb
sb\rfcas\Plan Check & Insp-4Agrmts rev
APPROVED AS TO FUNDS AND ACCOUNTS:
—
Francisco Gutierrez
Executive Director
Finance & Management Services Agency//
MAJOR HIGH-RISE DEVELOPMENTS
ESTIMATED PERMIT AND PLAN CHECK FEES
1. Nexus Lake Towers: Two 23 -story residential towers
Plan Check Fees (actual) 362,241
Permit Fees (estimated) 557,000
919,241
2. Nexus Cinema Tower: One 23 -story residential tower
Plan Check Fees (estimated) 180,000
Permit Fees (estimated) 225,000
405,000
3. Nexus Main and MacArthur: Four levels of residential over
two levels of parking garage
Plan Check Fees (estimated) 300,000
Permit Fees (estimated) 460,000
760,000
4. Geneva Commons: One 8 -story tower, a second 18 -story tower
of residential and commercial units
Plan Check Fees (estimated) 238,800
Permit Fees (estimated) 333,400
572,200
S. City Place: 240 live/work units
Plan Check Fees (estimated) 87,165
Permit Fees (estimated) 212,570
299,735
6. Santiago Street Lofts: 72 residential units
Plan Check Fees (estimated) 40,000
Permit Fees (estimated) 62,000
102,000
TOTAL ESTIMATED REVENUE
EXHIBIT 1
3,058,176
MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL OF THE CITY OF SANTA ANA
SANTA ANA, CALIFORNIA
OCTOBER 17, 2005
CALLED TO ORDER CITY COUNCIL CHAMBERS
22 CIVIC CENTER PLAZA
6:06 P.M.
ATTENDANCE: Councilmembers present:
MIGUEL PULIDO, Mayor
LISA BIST, Mayor Pro Tem
CLAUDIAALVAREZ
CARLOS BUSTAMANTE
ALBERTA CHRISTY
MIKE GARCIA
JOSE SOLORIO
STAFF Present:
DAVID N. REAM, City Manager,
JOSEPH W. FLETCHER, City Attorney
PATRICIA E. HEALY, Clerk of the Council
PLEDGE OF ALLEGIANCE MAYOR PULIDO
INVOCATION Bob Barnett, Chaplain
CONSENT CALENDAR
Mayor Pulido announced the following modifications to the Consent Calendar:
• Mayor Pulido pulled items 22.J. and 22.K. for separate discussion
• Mayor Pro Tem Bist pulled item 25.F. for separate discussion
• Mayor Pulido abstained from item 11.A.
Motion: Approve staff recommendations on the following Consent Calendar
items.
MOTION: Alvarez SECOND: Christy
VOTE: AYES: Alvarez, Bist, Bustamante, Christy, Garcia,
Solorio , Pulido (7)
NOES: None (0)
CITY COUNCIL MINUTES 1 OCTOBER 17, 2005
CONSENT CALENDAR
ABSTAIN
ABSENT:
Items I
the act
None (0)
None (0)
ADMINISTRATIVE MATTERS
MINUTES
Motion: Approve minutes.
10.A. ADJOURNED REGULAR MEETING OF OCTOBER 3, 2005
10.B. REGULAR MEETING OF OCTOBER 3, 2005
ORDINANCES SECOND READING
11.A. DEVELOPMENT AGREEMENT NO. 2005-03 TO ALLOW A ZONE
CHANGE FROM COMMERCIAL -MUSEUM DISTRICT TO SPECIFIC
DEVELOPMENT NO. 79 AND SITE PLAN REVIEW NO. 2005-03 TO
FACILITATE THE CONSTRUCTION OF A MIXED USE DEVELOPMENT
AT 1900 NORTH MAIN STREET - STEADFAST COMPANIES,
APPLICANT
Placed on first reading at the October 3, 2005 Council Meeting and
approved by a 6-0 vote (Pulido abstained)
Published in the Orange County Reporter on October 7, 2005
Motion: Place ordinances on second reading and adopt.
ORDINANCE NO. NS -2699 - An ordinance of the City Council of the City
of Santa Ana creating Specific Development District (SD -79) for property
located at 1900 North Main Street
ORDINANCE NO. NS -2700 - An ordinance of the City Council of the City of
Santa Ana approving a Development Agreement between the City of Santa
Ana and Steadfast Courtyards, L.P.
Mayor Pulido abstained from this item.
CITY COUNCIL MINUTES 2 OCTOBER 17, 2005
CONSENT CALENDAR
2. Approve a Funding Analysis with a total estimated construction
cost of $324,000.
AGREEMENTS
Motion: Direct the City Attorney to prepare and authorize the City Manager
and Clerk of the Council to execute agreements. (25.A through 25.1.)
25.A. AGMTS - CONTRACTED BUILDING PLAN CHECK AND BUILDING
SERVICE INSPECTION SERVICES AND APPROPRIATION
ADJUSTMENTS
Motion: Direct the City Attorney to prepare and authorize the City Manager
and Clerk of the Council to execute agreements.
AGMTS 2005-244, 2005-245, 2005-246, 2005-256 — BUILDING PLAN
CHECK - With EsGil Corporation; SFA: Scott Fazekas and Associates,
Inc.; Willdan; and Robert J. Tyler in an aggregate total amount not to
exceed $900,000 — Planning and Building Agency
AGMT 2005-247 - BUILDING INSPECTION SERVICES - With Vandorpe
Chou Associates, Inc. in an amount not to exceed $50,000 - Planning and
Building Agency
1. Approve appropriation adjustments. (Requires five affirmative
votes.)
APPROPRIATION ADJUSTMENTS- Recognizing aggregate total
amounts not to exceed $900,000 in the 2005-2006 FY revenue accord
for building plan check and appropriating various amounts not to exceed
$900,000 to the Planning and Building Agency 2005-2006 FY budget
allocation in the account for contractual services for payments to the
consultants contracted to complete building plan checks of various
projects
2. Approve an appropriation adjustment. (Requires five affirmative
votes.)
APPROPRIATION ADJUSTMENT NO. 06-044 - Recognizing $80,000 in
the 2005-2006 FY revenue account for building permits and appropriating
$30,000 to the Planning and Building Agency 2005-2006 FY budget
allocation in the account for overtime building inspections and $50,000 in
the account for contractual services for contracted building inspection
services
CITY COUNCIL MINUTES 8 OCTOBER 17, 10)5
ication 1st
CHECKLIST FOR PROCESSING AGREEMENTS AND AMENDMENTS
TO: CLERK OF THE COUNCIL OFFICE
n -
FROM: DEPT.: MAIL STOP: '24
CONTACT PERSON: EXT.: 2747/,
THE FOLLOWING ITEMS SHOULD BE PROVIDED IN REQUESTING PROCESSING OF AGREEMENTS FOR THE CITY:
AGREEMENT NUMBER (if amendment): A / N
AMENDMENT NUMBER (if applicable): ❑ 1ST ❑ 2ND ❑ 3RD ❑
COUNCIL APPROVAL DATE: �7bs
AMOUNT: �Q OVER $10,0000 ❑ UNDER $10,000
NAME OF CONSULTANT: 7S 6i I
TERM OF AGREEMENT: EFFECTIVE DATE: 7 d TERMINATION DATE: -1AAk
INSURANCE REQUIRED: ❑ NO
4 600
YES If yes, ❑ ATTACHED IN PROGRESS
❑ AUTO ❑ CGL (Commercial General Liability)
❑ PROFESSIONAL LIABILITY ❑ WORKERS COMPENSATION
(INS. APPROVAL REQUIRED BY CAO PRIOR TO SUBMITTING TO COTC)
SIGNATURES REQUIRED:
❑ VENDOR ❑ AGENCY (UNDER $10,000)
❑ CITY ATTORNEY �Fer OTHER 61�',g Cl�
COMM
FOR CLERK OFFICE USE ONLY:
❑ PROCESS
ADDITIONAL
❑ DO NOT PROCESS
❑ MISSING SIGNATURES
❑ NEEDS COUNCIL APPROVAL
❑ OTHER
10/17/2005 12:05:04 PM Sara Coutee
'"s VPage 2
ACORD CERTIFICATE OF LIABILITY INSURANCE OP ID SA DATE(MhWDIYYYY)
PRODUCER ESGIL-1 10 17 05
G. S. Levine Insurance THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLYAND CONFERS NO RIGHTS UPON THE CERTIFICATE
Services, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND EXTEND OR
10505 Sorrento Valley Rd. %200 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
San Diego CA 92121
Phone: 858-481-8692 Fax: 858-481-7953
INSURED
INSURERS AFFORDING COVERAGE - NAIL It
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INSURER PiGlity PDE Guesanty INE. C.
USURER GPDPcal IneuxanDP Ca%pPDy Or
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Center
20 Civic Center Plaza (M-20)
Esgil Corporation
9320 Chesapeake Dr. Suite 208
San Diego CA 92123
INSURER c. - - - - -- - -
I15URER0
COVERAGES
"SUPER E
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
LTR NERD TYPE OF INBURRNCE POLICY NUMBER POLICY EFFECTIVE POLLCY EXPIRATION - - - - --- -
F
GATE MM00/YY GATE MMI00/VY LWlO9
City of Santa Ana
DATE THEREOF. THE IEBUINO INSURER WLLLIIREIVARIBM MAL 30* DAYS WRITTEN
DENEML
'EN
LABILITY
r
Center
20 Civic Center Plaza (M-20)
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFB�IYLBS�EBIEIR�
PO Box 1988
Santa Ana CA 92702
A
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CLAIMSMME u.111H
BK02154806
09/30/05
09/30/06
EACH mruRPENGF
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$ 300,000 _
MESE%P (Arty oneppRon)
$10,000
-
PER11).[saw II $1,000,000
GENEPALAGGPEGATE E2,000,000
GEN 'L AGGREGATE LIMIT APPLIES PER
PROOUCi9-COMP/OPAGG E2, 000,000
POLILv DRQ
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09/30/05
09/30/06
COMBMED6INGLE LIMIT
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$1, 000, 000
ALL GwNEn Aures
SODDY INJUPY
(PerpPrA')
$
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EL DISEASE -EA EMPLOYEE $
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SPECIAL DROVISIOND CeAw
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EL DISEASE POLICY LIMIT $
DEBCMPTION OF OPERATIONS / LOCATIONS I VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PRWISIONS
Re: All Operations of the Named Insured
Proof of Insurance
*10 days notice of cancellation applies for non-payment of premium.
CERTIFICATF M(N nF$D
CITYSAA
SHOULD ANY OF TIE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
City of Santa Ana
DATE THEREOF. THE IEBUINO INSURER WLLLIIREIVARIBM MAL 30* DAYS WRITTEN
Atte: Fred
r
Center
20 Civic Center Plaza (M-20)
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFB�IYLBS�EBIEIR�
PO Box 1988
Santa Ana CA 92702
AU2FUEORSPRESENTATIV
ACOR D 25!200110111
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