HomeMy WebLinkAbout25E - AGMT - PLAN CHECK SRVS•
CITY COUNCIL MEETING DATE:
NOVEMBER 15, 2016
TITLE:
AGREEMENT FOR PLAN CHECK
SERVICES WITH SCOTT FAZEKAS &
ASSOCIATES, INC., CSG CONSULTANTS,
INC., CENTURY STRUCTURAL
ENGINEERING CO., INC., AND J LEE
ENGINEERING INC.
(STRATEGIC PLAN NO. 3,3)
CITY MANAGE
CLERK OF COUNCIL USE ONLY:
is
❑ As Recommended
❑ As Amended
❑ Ordinance on 1" Reading
❑ Ordinance on tad Reading
❑ Implementing Resolution
❑ Set Public Hearing For
CONTINUED TO
FILE NUMBER
Authorize the City Manager and the Clerk of the Council to execute the attached agreements with
Scott Fazekas & Associates, Inc., CSG Consultants, Inc., Century Structural Engineering Co.,
Inc., and J Lee Engineering Inc. for plan check services with an aggregate amount not to exceed
$1,000,000, for a three year term expiring on November 15, 2019, subject to non -substantive
changes approved by the City Manager and City Attorney.
DISCUSSION
For many years the Building Division met or exceeded a turnaround time of three weeks or less
for over 90 percent of plan check submissions. This level of service compared favorably with
surrounding municipalities and represented the generally accepted performance goal for plan
review in the County. The Building Division had attained this level of service with seven in-house
plan check staff, a contract plan checker at the public counter, streamlined internal processes,
and outsourcing plan checking services during especially high volume months.
Beginning in 2009, budget constraints resulted in the reduction of over 50 percent of in-house
plan check staff as well as the cancelling of both the contract plan checker and outsourced plan
check services. While these reductions negatively impacted plan check turnaround times, the
impact was lessened by a concurrent reduction in plan check submittals due to the economic
downturn.
Building activity has continued to rebound from the economic recession and has shown steady
increases in building activity since late 2010. In response to the rise in plan check submittals, the
Building Division reinstituted outsourcing plan checks in December 2010 to improve plan check
25E-1
Plan Check Service Agreements
November 15, 2016
Page 2
turnaround times as well as provide greater flexibility for applicants wishing to take advantage of
accelerated plan check.
In the accelerated plan check process, the applicant submits the plans to the City along with a
request for accelerated plan check. The applicant then pays the regular plan check fee as well
as an accelerated fee which is based on the City's estimated number of hours required to check
the plans. The plans are then sent to the consultant with a guaranteed turnaround time of 15 -
working days. This process benefits the applicant by providing an option to expedite plan check
for large, complicated and/or urgent projects.
Sustained growth from the building industry combined with current turnaround times for regular
(non -accelerated) plan check exceeding seven weeks has resulted in an increasing number of
projects requesting accelerated plan check. Building activity has continued to increase in the
past fiscal year with many projects choosing to accelerate the plan review process. Due to the
number and size of the accelerated projects since 2014, including large projects such as 1901
East First Street, 301 Jeanette Lane, and The Heritage at 1951 East Dyer, contract funds have
nearly expended. It is anticipated that building activity will remain at a high level and the renewal
of these contracts would allow for the expedited customer services through plan check services
that the building community is requesting.
The Building Safety Division released a Request for Proposals on May 14, 2014 and received
proposals from five firms. Based on a review of the qualifications, experience of personnel,
demonstrated ability to meet the specified turnaround times and price, staff is recommending that
the City enter into agreements with four out of the five structural plan check consultants. Scott
Fazekas & Associates, Inc., CSG Consultants, Inc., Century Structural Engineering Co. Inc., and
J Lee Engineering Inc. have contracted with the City for expedited plan check services in the past
and were able to continually meet the City's requirements for availability of qualified engineering
staff, turnaround time, locale, and fees. Each of these firms is well-known in the structural
engineering field and have experience working with municipalities for on-call plan check services.
The recommended firms offer both full and structural only plan check services at a competitive
rate of 40 percent of the plan check fee calculated by the City and will process any required plan
revisions and deferred submittals on a tiered rate system ranging from $85 to $100 per hour
depending on the complexity level of the revision and plan check personnel assigned to the
review. Accelerated plan check fees are paid entirely by the applicant.
The number of available firms to send out accelerated plan checks will provide greater flexibility
for the Building Safety Division to both ensure that plans are reviewed within the specified time
frames, as well as route projects to firms that may specialize in a specific building type or
construction method.
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Plan Check Service Agreements
November 15, 2016
Page 3
STRATEGIC PLAN ALIGNMENT
Approval of this item supports the City's effort to meet Goal #3 - Economic Development,
Objective #3 (Promote a solution -based customer focus in all efforts to facilitate development and
investment in the community).
FISCAL IMPACT
This agreement will not impact any City funds. Accelerated plan check fees paid to the City by
the applicant for each project contracted out for plan check will fully fund the consultants cost to
perform the plan review. These amounts will be deposited by the applicant into the Accelerated
Plan Check account (account no. 09801001-24045) prior to the consultant commencing any
work.
assan Hagh hi, A101
Executive Di ector
Planning and Building Agency
SM:rb
SM:RFCA - Expedited Plan Check Services — Nov 2016
APPROVED AS TO FUNDS AND ACCOUNTS:
Francisco Gutierrez'
Executive Director
Finance and Management Services
EXHIBITS: 1. Agreement with Scott Fazekas & Associates
2. Agreement with CSG Consultants, Inc.
3. Agreement with Century Structural Engineering Co., Inc.
4. Agreement with J Lee Engineering Inc.
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CONSULTANT AGREEMENT
THIS AGREEMENT made and entered into this 15`x' day of November 2016, by and
between SCOTT FAZEKAS & ASSOCIATES, INC., a California corporation (hereinafter
"CQIrsUltant"), and the CPfY 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 ruiner 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
terns and conditions hereinafter set fords, the parties agree as follows:
1. SCOPE OF SERVICES
Consultant shall provide structural plan check services on request of the Executive
Director of the Planning and Building Agency, as set forth in Exhibit A, attached hereto and
incorporated herein by this reference.
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, plugs, photographs, drawings and computer
programs, Consultant agrees and shall ensure that all of Corxsultant'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.
EXHIBIT 1
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2. COMPENSATION
a. City agrees to pay, and Consultant agrees to accept as total payment for its services,
the Cumulative rates and charges identified in Exhibit A. This consultant is one of four
consultants that the City has retained for on-call municipal plan check services.
b. Payment by City shall be made within thirty (30) days following receipt of proper
invoice evidencing work performed, subject to City accounting procedures. 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
'['his Agreement shall commence on the date first written above and terminate three (3)
years from said commencement date on November 15, 2019, unless terminated earlier in
accordance with provisions, below. The term of this Agreement may be extended upon a writing
executed by the City Manager and the City Attorney.
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. Commercial General Liability Insurance. Consultant shall maintain commercial
general lability insurance which shall include, but not be limited to protection against claims
arising from bodily and personal injury, including death resulting therefrom and damage to
property, resulting from any act or occurrence arising out of Consultant's operations in the
performance of this Agreement, including, without limitation, acts involving vehicles. The
amounts of insurance shall be not less than the following: single limit coverage applying to
bodily and personal injury, including death resulting therefrom, and property damage, in the total
amount of $1,000,000 per occurrence, and $2.000,000 in the aggregate. Such insurance shall (a)
name the City, its officers, employees, agents, volunteers and representatives as additional
25E-6
insured(s); (b) be primary and not contributory with respect to insurance or self-insurance
programs maintained by the City; and (c) contain standard separation of insureds provisions.
b. Worker's Compensation Insurance. h1 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 wort: under this Agreement, Consultant agrees to obtain and maintain any
employer's liability insurance with limits not less than $1,000,000 per accident.
c. 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.
d. 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 clanged in any other material aspect without
thirty (30) days prior written notice to the City.
e. 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 affect 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.
G. INDEMNIFICATION
Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents,
employees, consultants, special counsel, aril representatives from liability: (1) for personal
injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims
for personal injury, including death, 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; and (2) from any claim that personal injury, damages, just
compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects
arising from this Agreement. ]'his indemnity and hold harnnless agreement applies to at] 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. `fhe Consultant further agrees to indemnify, hold
harmless, and pay all costs for the defense of the City, including fees and costs for special
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25E-7
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.
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 tnlformation" 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 ht 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 telefaesitnile 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
Facsimile (714) 647-6956
With courtesy copies to:
Executive Director of Planning and Building Agency
Building Safety Division
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City of Santa Ana
20 Civic Center Plaza (M-19)
P.O. Box 1988
Santa Ana, California 92702
Facsimile ('714) 647-5897
City Attorney
City of Santa Ana
20 Civic Center Plaza (M-29)
P.O. Box 1988
Santa Ana, California 92702
Facsimile (714) 647-6515
To Consultant: Scott Fazekas & Associates. Inc.
9 Corporate Park, Suite 200
Irvine, California 92606
Facsimile (949) 475-2560
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 either
Consultant or 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, whish 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
25E-9
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. Asa 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. .IURISDICTION - 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 Stats 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
25E-10
indemnify City fully, including reasonable costs and attorney's fees, for any injIuries 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 hilly 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:
MARIA D. HUIZAR
Cleric of the Council
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
By: G Lhc� c ✓��..t.2.
Lisa Storck
Assistant City Attorney
altatle"13- 1
HASSAN IIAGHANI, Executive Director
Planning & Building Agency
CITY OF SANTA ANA
DAVID CAVAZOS
City Manager
SCOTT FAZEICAS & ASSOCIATES, INC.
SCOTT FAZEICAS
President
Tax ID#
7
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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 of 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.
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 A)1
or AE.
4. Recheck and approval of'Fi nal 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.
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 repot to be customized for each project and be delivered via fax, mail or e-
mail to City and the applicant.
A. 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.
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M 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.
l 1. 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, mechanical, plumbing and electrical
plan reviews will be checked on an hourly rate of $85.00/hour when performed by a
Certified Plans Examiner and a rate of $100.00/hour when performed by a Plan Checic
Engineer.
14. Consultant fee for review services to be 40% of the City of Santa Ana Plan Check Fee.
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25E-14
CONSULTANT AGREEMENT
THIS AGREEMENT made and entered into this 15`x' day of November 2016, by and
between CSG CONSULTANTS, INC., 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 structural plan check services on request of the Executive
Director of the Planning and Building Agency, as set forth in Exhibit A, attached hereto and
incorporated herein by this reference.
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, contractus, 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.
EXHIBIT 2
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2. COMPENSATION
a. City agrees to pay, and Consultant agrees to accept as total payment 'for its services,
the cumulative rates and charges identified in Exhibit A. This consultant is one of four
consultants that the City has retained for on-call municipal plan check services.
b. Payment by City shall be made within thirty (30) days following receipt of proper
invoice evidencing work performed, subject to City accounting procedures. 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 three (3)
years from said commencement date on November 15, 2019, unless terminated earlier in
accordance with provisions, below. The term of this Agreement may be extended upon a writing
executed by the City Manager and the City Attorney.
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. Commercial General Liability Insurance. Consultant shall maintain commercial
general liability insurance which shall include, but not be limited to protection against claims
arising from bodily and personal injury, including heath resulting therefrom and damage to
property, resulting from any act or occurrence arising out of Consultant's operations in the
performance of this Agreement, including, without limitation, acts involving vehicles. The
amounts of insurance shall be not less than the following: single limit coverage applying to
bodily and personal injury, including death resulting therefrom, and property damage, in the total
amount of $1,000,000 per occurrence, and $2,000,000 in the aggregate. Such insurance shall (a)
name the City, its officers, employees, agents, volunteers and representatives as additional
25E-16
insured(s); (b) be primary and not contributory with respect to insurance or self-insurance
programs maintained by the City; and (c) contain standard separation of insureds provisions.
b. Worker's Compensation Insurance. hi 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.
c. 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.
d. 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 hill 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) clays prior written notice to the City.
e. 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 affect 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 indenmify 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: (I) for personal
injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims
for personal injury, including death, 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. I of this Agreement; and (2) from any claim that personal injury, damages, just
compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects
arising from 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 Pees and costs for special
25E-17
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. "rhe 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 snail, 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.Q. Box 1988
Santa Ana, CA 92702-1988
Facsimile ('714)1x47-6956
With courtesy copies to:
Executive Director of Planning and Building Agency
Building Safety Division
25E-18
City of Santa Ana
20 Civic Center Plaza (M-19)
P.O. Box 1988
Santa Ana, California 92702
Facsimile (714) 647-5897
City Attorney
City of Santa Ana
20 Civic Center Plaza (M-29)
P.O. Box 1988
Santa Ana, California 92702
Facsimile (714) 647-6515
`to Consultant: CSG Consultants, Inc.
Cyrus Kianpour, President
1700 S. Amphlett Blvd., P floor
San Mateo, California 94402
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 atter 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, cormvrmication 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 ANI) AMENDMENT
This Agreement represents the complete and exclusive statement between the City and
Consultant, and supersedes any and all other agreements, oral or vnitten, 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 teens and conditions hereof, shall not bind or obligate either
Consultant or 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
hnasnnich 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
5
25E-19
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. Asa condition of such payment, the Executive Director may require Consultant to
deliver to the City all work product completed as of such dated 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 cormection with or by reason of this Agreement.
13. 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 notily 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.
25E-20
16. MISCELLANEOUS PROVISIONS
a, Each undersigned represents and warrants that its signature hereinbelow has the power,
authority and right to bund 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:
MARIA D. I-IUIZAR
Clerk of the Council
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
By&L�?
Lisa Storcic
Assistant City Attorney
RECOMMEND APPROVAL.:
HASSAN HAGHANI, Executive Director
Planning & Building Agency
CITY OF SANTA ANA
DAVID CAVAZOS
City Manager
CSG CONSULTANTS, INC.
CYRUS KIANPOUR, P.E., P.L.S.
President
Tax TD#
25E-21
EXHIBrr 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.
Sco�ices
Consultant shall perform the following services for each assigned building plan review.
1. Detail review of 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 stale -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 staffto 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.
25E-22
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, busses, stairs, curtain walls, mechanical, plumbing and electrical
plan reviews will be checked on an hourly rate of $85.00/hour when performed by a
Certified Plans Examiner and a rate of $100.00/hour when performed by a Plan Check
Engineer,
14. Consultant fee for review services to be 40% of the City of Santa. Ana Plan Check Fee.
25E-23
25E-24
CONSULTANT AGREEMENT
TRIS AGREEMENT made and entered into this 15°i day of November 2016, by and
between CENTURY STRUCTURAL ENGINEERING CO., INC., 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 retail 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 wider this
Agreement will be performed in compliance with such standards as may reasonably be
expected from aprofessional consulting firm in the field.
NOW THEREFORE, in consideration oaf the mutual and respective promises, and subject to the
terms and conditions hereinafter set forth, the parties agree as follows:
SCOPE OF SERVICES
Consultant shall provide structural plan check services on request of the Executive
Director of the Planning and Building Agency, as set forth in Exhibit A, attached hereto and
incorporated herein by this reference.
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.
EXHIBIT 3
25E-25
2. COMPENSATION
a. City agrees to pay, and Consultant agrees to accept as total payment for its services,
the cumulative rates and charges identified in Exhibit A. This consultant is one of four
consultants that the City has retained for on-call municipal plan check services.
b. Payment by City shall be made within thirty (30) days following receipt of proper
invoice evidencing work performed, subject to City accounting procedures. 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 three (3)
years from said commencement date on November 15, 2019, unless terminated earlier in
accordance with provisions, below. The term of this Agreement may be extended upon a writing
executed by the City Manager and the City Attorney.
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 sinnila•'taxes elating 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 Commercial General Liability Insurance. Consultant shall maintain commercial
general liability insurance which shall include, but not be limited to protection against claims
arising from bodily and personal injury, including death resulting therefrom and damage to
property, resulting from any act or occurrence arising out of C'onsultant's operations in the
performance of this Agreement, including, without limitation, acts involving vehicles. The
amounts of insurance shall be not less than the following: single limit coverage applying to
bodily and personal injury, including death resulting therefrom, and property damage, in the total
amount of $1,000,000 per occurrence, and $2,000,000 in the aggregate. Such insurance shall (a)
nave the City, its officers, employees, agents, volunteers and representatives as additional
25E-26
insured(s); (b) be primary and not contributory with respect to insurance or self-insurance
programs maintained by the City; and (c) contain standard separation of insureds provisions.
b. 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.
c. 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.
d. 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.
e. Pf 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 affect 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 indemnity and hold harmless the City, its officers, agents,
employees, consultants, special counsel, and representatives from liability: (1) for personal
injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims
for personal injury, including death, 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; and (2) from any claim that personal injury, damages, just
compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects
arising from 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 fiu•ther agrees to indemnify, hold
harmless, and pay all costs for the defense of the City, including fees and costs for special
25E-27
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 Informatiod' 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 'faul't 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 comimun'ication 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 Placa (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
Facsimile (714) 647-6956
With courtesy copies to:
Executive Director of Planning and Building Agency
Building Safety Division
25E-28
City of Santa Ana
20 Civic Center Plaza (M-19)
P.O. Box 1988
Santa Ana, California 92702
Facsimile (714) 647-5897
City Attorney
City of Santa Ana
20 Civic Center Plaza (M-29)
P.O. Box 1988
Santa Ana, California 92702
Facsimile (714) 647-6515
'ro Consultant: Century Structural Engineering Co., Inc.
Ed. Chung, Principal
24719 Narbonne Avenue
Lomita, California 90717
Facsimile (310) 539-7678
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 firth 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 asset forth above. For purposes
of calculating these time frames, weekends, federal, state, County or City holidays shall be
excluded.
1.0. 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 tends 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 either
Consultant or 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
5
25E-29
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.
1.2. 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. Asa 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 tine 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.
1.3, 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 fo ther
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.
25E-30
16. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature hereinbelow ]kis 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:
MARIA D. HUIZAR.
Clerk of the Council
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
By. �
Lisa Storck
Assistant City Attorney
RECOMMEND APPROVAL:
HASSAN HAGHANI, Executive Director
Planning & Building Agency
CITY OF SANTA ANA
DAVID CAVAZOS
City Manager
CENTURY STRUCTURAL
ENGINEERING CO., INC.
GARY K. CHANG
President
Tax ID#
25E-31
EXHIBIT A
SCOPE OF SERVICES
Gennl 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.
l . Detail review of the mechanical, plumbing, electrical and building
(architectural/stvctural) 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.
&. 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 fi-om review.
25E-32
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.
IL 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, mechanical, plumbing and electrical
plan reviews will be checked on an hourly rate of $85.00/hour when performed by a
Certified Plans Examiner and a rate of $100.001hour when performed by a Plan Check
Engineer.
1.4. Consultant fee for review services to be 40% of the City of Santa Ana Plan Check Fee.
9
25E-33
CONSULTANT AGREEMENT
TI-fIS AGREEMENTmade and entered into this 15`x' clay of November 2416, by and
between J LEE ENGINEERING INC., 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:
SCOPE OF SERVICES
Consultant shall provide structural plan check services on request orthe Executive
Director of the Planning and Building Agency, as set forth in Exhibit A, attached hereto and
incorporated herein by this reference.
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 ofConsultant'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.
EXHIBIT 4
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2. COMPENSATION
a. City agrees to pay, and Consultant agrees to accept as total payment for its services,
the cumulative rates and charges identified in Exhibit A. This consultant is one of four
consultants that the City has retained for on-call municipal plan check services.
b. Payment by City shall be made within thirty (30) days following receipt of proper
invoice evidencing work performed, subject to City accounting procedures. 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 three (3)
years from said commencement date on November 15, 2019, unless terminated earlier in
accordance with provisions, below. The term of this Agreement may be extended upon a writing
executed by the City Manager and the City Attorney.
4. INDEPENDENT CONTRACTOR
Consultant shall, during the entire tern 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 lin 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 tmdertaking performance of work under this Agreement, Consultant shall
maintain and shall rewire its subcontractors, if any, to obtain and maintain insurance as
described below:
a. Commercial General Liability Insurance. Consultant shall maintain commercial
general liability insurance which shall include, but not be limited to protection against claims
arising from bodily and personal injury, including death resulting therefrom and damage to
property, resulting from any act or occurrence arising out of Consultant's operations in the
performance of this Agreement, including, without limitation, acts involving vehicles. The
amounts of insurance shall be not less than the following: single limit coverage applying to
bodily and personal injury, including death resulting therefrom, and property damage, in the total
amount of $1,000,000 per occurrence, and $2,000,000 in the aggregate. Such insurance shall (a)
name the City, its officers, employees, agents, volunteers and representatives as additional
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25E-35
insured(s); (b) be primary and not contributory with respect to insurance or self insurance
programs maintained by the City; and (c) contain standard separation of insureds provisions.
b. Worker's Compensation hlsurance. In accordance with the provisions of Section
3300 of the Labor Code, Consultant, if Consultant Inas 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.
c. 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.
d, 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 hill 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 small not be canceled
or reduced in coverage or changed in any other material aspect without
thirty (30) days prior written notice to the City.
e. 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 affect 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: (1) for personal
injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims
for personal injury, including death, 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 I of this Agreement; and (2) from any claim that personal injury, damages, just
compensation, restitution, judicial or equitable relief is due by reason of the terns of or effects
arising from this Agreement. This indemnity and hold harmless agreement applics 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
25E-36
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.
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 mems.
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.
S. 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 mamner 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'teleficsimile or other
telegraphic communication in the manner provided in this Section, to the following persons:
To City: Cleric of the City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
Facsimile (714) 647-6956
With courtesy copies to:
Executive Director of Planning and Building Agency
Building Safety Division
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25E-37
City of Santa. Ana
20 Civic Center Plaza (M-19)
P.O. Box 1988
Santa Ana, California 92702
Facsimile (714) 647-5897
City Attorney
City of Santa Ana
20 Civic Center Plaza (M-29)
P.O. Box 1988
Santa Aria, California 92702
Facsimile (714) 647-6515
To Consultant: .1 Lee Engineering Inc.
.tae Lee, President
430 S. Garfield Avenue, Suite 301
Alhambra, California 91801
Facsimile (626) 284.8907
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 terns or conditions of any purchase order or other instrument that are inconsistent
with, or in addition to, the terns and conditions hereof, shall not bind or obligate either
Consultant or 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
25E-38
written consent of the City and any such assignment, transfer, delegation or subcontract without
the City's prior written consent shall be considered mill 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. hi 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. Asa 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 worlc product
shall be the property of the City unless prohibi Led by law, and Consultant consents to the City's use
thereof for such purposes as the City deers 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. .IURISDICTION - 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. PROTESSIONAL 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 small be cause for termination of this Agreement.
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16. MISCELLANEOUS PROVISIONS
a, Each undersignned represents and warrants that its signature hereinbelow has the power,
authority and right to bund their respective parties to each of the terms of this Agreement, and shall
indenmify 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 sib natory or is withdrawn.
b. All Exhibits referenced berein and attached hereto shall be incorporates] 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:
MARIA D. HUIZ,AR.
Clerk of the Council
APPROVED AS TO FORM:
SONIA R. CARVAI.HO
City Attorney
By:
Lisa Storck
Assistant City Attorney
RECOMMENDED APPROVAL:
HASSAN HAGHANI. Executive Director
Planning & Building Agency
CITY OF SANTA ANA
DAVID CAVAZOS
City .Manager
J LEE ENGINEERING, INC.
JAE LEE, PE, CPE, GASP
President
Tax ID#
25E-40
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.
Scone of Services
Consultant shall perforin the following services for each assigned building plan review.
Detail review of 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.
Plan review report to be customized for each project and be delivered via fax, mail or e-
mail to City and the applicant.
S. 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.
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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 Cheek
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, mechanical, plumbing and electrical
plan reviews will be checked on an hourly rate of $85.00/hour when performed by a
Certified Plans Examiner and a rate of $100.00/hour when performed by a Plan Check
Engineer.
14. Consultant fee for review services to be 40% of the City of Santa Ana Plan Check Fee,
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