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HomeMy WebLinkAboutTYLER, ROBERT J. 3-2006 A-2006-204 INSURANCE ON FILE WORK MAY PROCiICl UNTIL INSURANCE E\ ,J!RES 9~ ~9- 06 CONSULTANT AGREEMENT CLERK OF COUNCIL DATE: 9-S-OC, . o:NS (z)Tonla~ h THIS AGREEMENT made and entered into this t day of August, 2006 by and between Robert J. Tyler, an individual (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"). RECIT ALS 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. In regard to copyrightable material produced as a deliverable under this Agreement, including but not limited to books, reports, plans, photographs, drawings and computer programs, Consultant agrees and shall ensure that all of Consultant's affected officers, employees, agents, contractors, and volunteer workers agree that (a) other such material may not be copyrighted without prior review from the City, and (b) the authors of all such material, whether copyrighted or not, award to the City, and to its officers, agents and employees acting within the scope of their official duties, as a condition of payment to the Consultant, a royalty- free, nonexclusive, irrevocable license throughout the world for governmental purposes to disclose, publish, translate, reproduce, and use such materials. " 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, seventy percent (70%) of the applicable plan check fee charged by City. The total sum to be expended for Plan Check services by all Consultants during the term of this Agreement, shall not exceed the $500,000.00 aggregate amount approved by City Council on August 7, 2006. 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, subject to $1,000,000.00 aggregate. 2 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 negligent 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 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 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. 7. 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 3 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 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 and 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: Robert J. Tyler 2008 Centella PI. Newport Beach, California 92660 4 telefacsimile (949) 642-4025 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. 5 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. II II II II 6 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: CITY OF SANTA ANA (l;;;~~ DAVIDN. REAM City Manager ~c.>- ~A TRICIA E. HEALY Clerk of tht: Council APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney BY~~O~ La a Sheedy Assistant City Attorney CONSULTANT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ::~:::::::::::: ....... ....'.'..... . . . . . . . . . . ...................... . . . . . . . . . . . . . . . . . . '.1 . . . . . . . . . . . . D,~ ~k_- ROBERT J. rt Owner Tax ID# LC). l0 - '2.6 ' Co q '/ 4-- 7 :1:. ",- .~ ",Z EXHIBIT A SCOPE OF SERVICES General Description Building Safety Division ofthe 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. 1. 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 AO 1 orAE. 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. 8 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 plan checked on an hourly rate of $85.00/hour. 14. Consultant fee for review services to be 70% of the City of Santa Ana Plan Check Fee. 9 OCT-13-2005 16:44 From:TASMAN-INS-SVCS I 949 276 5522 To:9496424025 P.1/1 'l'HS TI?NMS AND CONUrnONS CONSIOF.R^ nON. PI.RASR RF:^O REVlI!W 11m roUCY FORMS' Ut'ON '11-11:: S"'ATl::M~NlS MAllJ;; YOUR R,EQUEST AS FOLLOWS. DATE ISSUED: PRODUCER: INSURED: INSURER: POLlCY NO.: Q9X~8.~91;:: BINDER EFFECTIVE: POLICY PERIOD: CONFIRMATION OF COVERAGE ;J ~ J..oo 5 - 10;)... N-'" ~OO b ... ~O .y f THIS CONI'IKMATION Oil INSUKANf..'J:o; MAY NOT l:OMI'I"Y WITH THI! SI>i(ClIIlCA'l'IUNS SUIJMfI'I'110 (fOR IS CONFlRM^TION CIIREFULl Y ANti COMPARE rr WITH ANY QUOTE AND SUBMISSION I)OCt)McN'IS ANU 11m ACTUAl. r.OVI\RACmS PkOVlnF.O.IN A('CORI)ANCr:. wrrH YOUR INSTRll("nON~. "NO IN RF.:U"NCF.. Y TH~ Ill::TAIL BIWKI:!llll'l nil! INSURI:!I)'S A1'I'UCA'nONISUBMlSSION. WE HAVE ODTAINIlD INSURANcn AT Sep 30. 2005 Tasman Ins. & FinanCial Services 3 Sablewood Circle Ladera Ranch CA 92694 Robert Tyler 2008 Centella PI Nowport Beach CA 92660 CNA Insurance MCA276195773 ProfeSSional Liebiltiy 912912005 TO 9/29/2005 TO 9{2912OO6 1 ~:Ol ,0,1'.4. s'r ANDAR() TIME AT HE; 1.0CATION AOORESS OF THl: NAMED INSURED. THIS INSURANCE BINDER WILL BE TERMINATED AND SUPE SEDlED UPON DELIVEAY OF 1 HE FORMAL POI.lCV(leS) ISSUF.O TO REPLACE IT LIMITS OF LIABILITY: $' ,000,000 $' ,000,000 DEDUCTIBLE.: PREMIUM AND FEES: COJNSUAANCE; TERMS / CONDITIONS: Per Claim Aggregete limit $5,000 $2,7BO.00 Pe( Claim APPROVED AS TO FORM ~~, ;/ Laura Stitt ~y Assistant City Attorney ENDORSEMENTS I N ~: ONDITIONS APPLY PEA FOAM CANC':El.l.ATION: THIS POUCY I SUl3JECT TO THE CANCELlATION PROVISIONS AS FOUNO IN THe POUCY(IES) OR CEA1"IFICATE(S) CURRENTLY IN USE BY THE -U~ER. rHE' INSURANCE EFFECTED UllIDER THE INSURER'S BINDER CAN BE CANCELLED BY THE INWAER (SUBJECT TO STATUT RY REGULATIONS) BY MAIUN . TO . I~ INSURED AT THE ADDRESS STATF.O ON THE FACE OF THIS CONFIAMATION OF INSURANCE WRITTeN NOTICE STATING e UCH CANCI;LLATION SHALL BE EFFECTIVE. IN UU: EVENT OF CANr.ElLATION BV THE INSUR 0, THE EARNEO FlFlEMIUM OU'8E SUBJECT TO THE MINIMUM PREMIUM IF APPUCAElLE. THIS CONFIRMATION OF INSURANCE S ISSUED BASED UPON . _IN ER'S AGREEMENT TO BIND AND IS ISSUED BY THE UNDt:R8IGN~D WITHOUT ANY LIABILITY WHArS L:.VeA AS AN INSURE . I CONSENT CALENDAR 25.D. AGMTS - PURCHASE AGREEMENTS FOR BRISTOL STREET CORRIDOR (PROJECT 06-1500) · AGMT NO. 2006-196- With Clarence and Lisa Hughes for the purchase of 314 S. Bristol Street in the amount of $620,000; · AGMT NO. 2006-197 - With Alejandro Serrano for the purchase of 410 S. Bristol Street in the amount of $620,000; · AGMT NO. 2006-198 - With Virginia MacKenzie and David MacKenzie for the purchase of 414 S. Bristol Street in the amount of $600,000; · AGMT NO. 2006-199 - With Gerard and Mayra Leyva for the purchase of 318 S. Bristol Street in the amount of $615,000; · AGMT NO. 2006-200 - With Ruben Arellano for the purchase of 1243 W. Rich/and Avenue in the amount of $585,000; · AGMT NO. 2006-201 - With Mary Schneider for the purchase of 306 S. Bristol Street in the amount of $620,000; · AGMT NO. 2006-202 - With Manual Duarte for the purchase of 1246 Highland Avenue in the amount of $600,000 25.E. AGMT NO. 2006-203 - HVAC SYSTEM MAINTENANCE - With Johnson Control for a one year period, with provision for two, one-year renewals in the amount not to exceed $87,712 - Police Department 25.F. AGMTS - BUILDING PLAN CHECK SERVICES AND APPROPRIATION ADJUSTMENTS Motion: 1. Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to execute agreements. AGMT NOS. 2006-204, 2006-205, 2006-206 AND 2006-207 - With Robert Tyler; Scott Fazekas and Associates, Inc.; Tmad, Taylor & Gaines; and NY A Consulting Structural Engineers in an aggregate total amount not to exceed $500,000 - Planning & Building Agency 2. Approve appropriation adjustments. (Requires five affirmative votes) APPROPRIATION ADJUSTMENTS - Recognizing aggregate total amounts not to exceed $500,000 in the 2006-2007 FY revenue CITY COUNCIL MINUTES 257 AUGUST 7, 2006 PRESENTATIONS Certificate of Recognition presented by COUNCILMEMBER BUSTAMANTE to John and Linda Schulte for their great efforts in having Floral Park Neighborhood highlighted on the "On the Road with Garth Kemp" segment Certificate of Recognition presented by COUNCILMEMBER ALVAREZ to Target for their generous donation to the City of Santa Ana Parks, Recreation and Community Services Department and Police Department Certificate of Recognition presented by COUNCILMEMBER ALVAREZ to Dayle Mcintosh Center on the occasion of their 2nd Annual Walk and Roll event and the 16th Anniversary of the Signing of the Americans with Disability Act (ADA) CONSENT CALENDAR Mayor Pro Tem Bist announced the following modifications to the Consent Calendar: · Councilmember Solorio pulled Items 22.0. and 22. E. for separate discussion · Mayor Pro Tem Bist pulled Item 23.B. for separate discussion · Councilmember Alvarez pulled Item 22.0. voted no on Item 25.H. and abstained on Items 13.0. and 13.E. · Excuse Mayor Pulido from the August 7,2006 Council Meeting · Addition of Closed Session Report, Item 19.A. Motion: Approve staff recommendations on the following Consent Calendar Items. MOTION: Christy SECOND: Garcia VOTE: AYES: Alvarez, Bustamante, Bist, Christy, Garcia Solorio (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Pulido (1) Items removed for separate action or modified are highlighted. Separate actions show the actual vote. Items without votes are adopted as part of the consent motion. ADMINISTRATIVE MATTERS MINUTES CITY COUNCIL MINUTES 249 AUGUST 7, 2006 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE; CLER OF COUNCIL USE ONLY: AUGUST 7, 2006 TITLE. AGREEMENTS FOR BUILD~NG PLAN CHECK SERVICES AND APPROPRIATION ADJUSTMENTS !l aAlt2-- ( CITY MANAGER VED o As Recommended o As Amended o Ordinance on 1" Reading o Ordinance on 2nd Reading o Implementing Resolution o Set Public Hearing For CO NT NUED TO FILE UMBER A - ~OO, - /GO~ RECOMMENDED ACTION ..........-.....1 1. Direct the City Attorney to prepare and autho ize the City Manager and Clerk of the Council to execute agreements ith Robert Tyler; Scott Fazekas and Associates, Inc.; Tmad, Tayor & Gaines; and NYA Consulting Structural Engineers in an aggre ate total amount not to exceed $500,000. 2. Approve appropriation adjustments recognizin aggregate total amounts not to exceed $500,000 in the 2006-2007 FY revenue account for building plan check (account no. 011-01- 401) and appropriating various amounts not to exceed $500,000 to t e Planning and Building Agency 2006-2007 FY budget allocation in th account for contractual services (account no. 11-508-6291) for pa ents to the consultants contracted to complete building plan checks f various projects. DISCUSSION The City has experienced an upward trend in velopment over the last several years which is expected to continue in he current fiscal year. Six major projects, alone, are expected to begi development in the next twelve months. Among these are: One Broadway laza, a 37 story office building on Broadway Avenue; Steadfast Cordova, a three and four story mixed use project at 1900 N. Main Street; tw Nexus projects, which include one 23-story residential tower at MacAr hur Cinema site, and one four-story, 350 unit residential project at M in Street and MacArthur Boulevard; and the Promenade pointe project, wi h one eight-story tower and a second 18-story tower of residential unit. These and other major projects will put an enormous burden on the pIa check staff to provide timely and accurate processing of plans. In order to provide an acceptable service Ie el for these new maj or projects, while still maintaining an acceptable evel of customer service for all plan submittals, it is necessary to aug ent plan check staff as 25F-1 Plan Check Agreements and Appropriation Adjustmen s August 7, 2006 Page 2 soon as possible. Since additional required when these major projects achieve recommended that the City utilize contracted p on-call basis to address the peak workload deman employees may not final approval, it an check services on s more efficiently. be is an In October 2005, City Council approved a simila request for contracted plan check services in a total aggregate amount not to exceed $900,000. Because many of the projects that were expected to enter the plan check process were not submitted in FY 2005-06, on y $20,000 was actually allocated to the Planning and Building Agency b dget for this purpose in FY 2005-06. Of eight consulting firms that responded to the Request for a Proposal, four consulting firms meet the City's requirem nts for availability of qualified engineering staff, turn-around time, ocale, and fees. Two of these recommended firms, Robert Tyler and Scott Fazekas and Associates, Inc., will provide complete plan check services at a rate not to exceed 70% of the City's plan check fee charged to ea h project they receive. The other two recommended firms, Tmad, Taylor & aines and NYA Consulting Structural Engineers, will provide structura only plan checks on selected projects at a rate not to exceed 40% f the City's plan check fee charged to the project. All contracted irms will process any required plan revisions and deferred submitta s at acceptable hourly rates. All four firms have agreed to no other a d-on costs. FISCAL IMPACT Plan check fees paid to the City for each projec contracted out for full plan check will fund the cost for the consulta ts at an amount not to exceed 70% of the plan check fee paid to the Ci In cases where only structural plan check is provided by a consulting firm, the fee will be an amount not to exceed 40% of the total plan che k fee paid to the City. These amounts will be recognized in the revenue count for building plan check (account no. 011-01-5401) and a like amo nt appropriated to the Planning and Building Agency account for contr ctual services (account no. 11-508-6291), not to exceed a total amou t of $500,000. These allocated amounts to the Planning and Buil ing Agency budget for contracted plan check will include only fees not included in the FY 2006- 07 revenue projection for building plan check. APPROVAL AS FUNDS AND ACCOUNTS: ~ Jay)M. Trevino Ex€cutive Director Planning and Building Agency SB:rb sb\rfc,,"S\2006-07\Plan Check Services Aug-06 - ~(\('\\'(\~ \.~.... . .... Francisco-Gutierrez Executive Director Finance & Mana ement ~::_. Services Agen~ 25F-2 ~ ~ -1 /7/ J~ CHECKLIST FOR PROCESSING AGREEMENTS AND AMENDMENTS TO: CLERK OF THE COUNCIL/OFFICE DEPT /ky ~ ;ffLf CONTACT PERSON: ~Id W~ MAIL STOP: ZLJ EXT.: ~ 7d '-1' FROM: THE FOllOWING ITEMS SHOULD BE PROVIDED IN REQUESTING PROCESSING OF AGREEMENTS FOR THE CITY: AGREEMENT NUMBER (if amendment): A / N AMENDMENT NUMBER (if applicable): , ) 0 1ST COUNCIL APPROVAL DATE: r b/o 4t r AMOUNT: XOVER $10,000 NAME OF CONSULTANT: o 2ND 0 3RD 0 TERM OF AGREEMENT: EFFECTIVE DATE: o UNDER $10,000 TERMINATION DATE: ~ t',~~A INSURANCE REQUIRED: o NO ;.u; /{)A,~",,? If yes, 0 ATTACH~t'!J 0 IN PROGRESS ~ES o AUTO o PROFESSIONAL LIABILITY o CGL (Commercial General Liability) o WORKERS COMPENSATION (INS. APPROVAL REQUIRED BY CAO PRIOR TO SUBMITTING TO COTC) SIGNATURES REQUIRED: o VENDOR o CITY ATTORNEY o p AGENCY (UNDER $10,000) OTHER ~ TC "-C/I;~ COMMENTS: FOR CLERK OFFICE USE ONLY: o PROCESS o DO NOT PROCESS o MISSING SIGNATURES o NEEDS COUNCIL APPROVAL o OTHER ADDITIONAL REMARKS: ACORD '" CERTIFICATE OF LIABILITY INSURANCE PRODUCER Tasman Insurance Services, LLC 3 Sablewood Circle Ladera Ranch, CA 92694 (949)276-5515 DATE (MM/DDIYY) 10/04/06 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR I ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # CNA Insurance I INSURER A: INSURER B i INSURER C, INSURER 0: INSURER E: COVERAGES I INSURER F THE POLICIES OF INSURANCE LISTED 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. iINSR' ADO'L I .. - POLICY NUMBER I POLICY EFFECTIVE I POLICY EXPIRATION I : LTR IINSRD: TYPE OF INSURANCE DATE (MM/DDIYY) DATE (MMIDDIYY) ! GENERAL LIABILITY I' COMMERCIAL GENERAL LIABILITY .1 I I I EXCESS LIABILITY . I I OCCUR I II OEOUCTIBLE I RETENTION I' WORKERS COMPENSATION AND EMPLOYERS' LIABILITY I E I ANY PROPRIETOR I PARTNER I EXECUTIVE I OFFICER I MEMBER EXCLUDED? I If yes, describe under I SPECIAL PROVISIONS below ! OTHER I A I Professional Liability I MCA 27 619 57 73 09/29/06 09/29/07 Each Occ 1.000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS I INSURED ,)Oct A- / :tD') lc> Robert Tyler Code Consultant 2008 Centella PI Newport Beach, CA 92660-3614 , I ! CLAIMS MAOE I I OCCUR B I I I . I j' ;'''pC"" '" ..',) .' .' . ~ c; 'I ( - ;~/. ~. ....-'.c, I __-' ~ -j ,I " !-/:::::'r \. '. ,,,Ii ;<.,~. RECEIV:ErJljLjOi NOV 0 8 20106 I! ., I , 'C I i GARAGE LIABILITY Ii' ANY AUTO ID CLAIMS MADE SANTA ANA PLANNING DEPT CERTIFICATE HOLDER LIMITS I EACH OCCURRENCE DAMAGE TO RENTED . PREMISES (Ea occurence) I MED EXP (Anyone person) PERSONAL & ADV INJU RY I GENERAL AGGREGATE , PRODUCTS - COM PlOP AGG I COMBINED SINGLE LIMIT (Ea accident) I BODILY INJURY (Per person) I BODILY INJURY (Per accident) I PROPERTY DAMAGE (Per accident) AUTO ONLY - EA ACCIDENT I , OTHER THAN EA ACC , AUTO ONLY' AGG I EACH OCCURRENCE AGGREGATE I ! i OTH-, ER i WC STATU- I TORY LIMITS , E.L. EACH ACCIDENT I E L OISEASE - EA EMPLOYEE I E.L. DISEASE - POLICY LIMIT 1,000,0001 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE I EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAil 15 DAYS WRlnEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO I THE LEFT, B T FAILUR TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KI N INSURER, ITS AGENTS OR REPRESENTATIVES. I AUT RI 0 R ENTATIVE City Of Santa Ana 20 Civic Center Place M-20 P.O. Box 1988 Santa Ana, CA 92702 ACORD 25 (2001/08) ORATION 1988 WORKERS' COMPENSATION DECLARATION I Qc0.-.L, oj. Ty~ hereby affinn under penalty of perjury, the (Nametritle) following declaration: I certify on behalf of r.1,.p,m~ j. 1-<' ,,,,,,- that during the tenn of my (Organization Name) contract with the ?L~"Nl'''' l' hI'" ",,"" 4.-'''-j' City of Santa Ana, I will not employ any person in any manner so as to become subject to the workers' compensation laws of California, and agree that if I should become subject to the workers' compensation provisions of Section 3700 of the Labor Code, I shall forthwith comply with those provisions. DATE: , \ J'Ll'> Jel.,. ,....... By: \ ~d't \ 0' \ -;r , ____ n C...-J -=-. '; Name: Kt,p,~) r -.I, T"1~L- Title: \/i.1.,^,,( \ P r....C Telephone: C{ 0/1' 04-2. !t-tyzS- WARNING: FAILURE TO SECURE WORKERS' COMPENSATION COVERAGE IS UNLAWFUL, AND SHALL SUBJECT AN EMPLOYER TO CRIMINAL PENALTIES AND CIVIL FINES UP TO ONE HUNDRED THOUSAND DOLLARS ($100,000). IN ADDITION TO THE COST OF COMPENSATION, DAMAGES AS PROVIDED FOR IN SECTION 3706 OF THE LABOR CODE, INTEREST, AND ATTORNEY'S FEES.