HomeMy WebLinkAbout06 - Building Insp and Plan Review Services�EW�oR> CITY OF
°� mz NEWPORT BEACH
C9C /Fp0.N`P City Council Staff Report Agenda Item No. 6
July 23, 2013
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Community Development Department
Kimberly Brandt, AICP, Director
949 - 644 -3226, kbrandt(cDnewoortbeachca.00v
PREPARED BY: Seimone Jurjis PE, CBO, Chief Building Official
APPROVED: 0.
TITLE: Building Inspection and Plan Review Services — Approval of
Amendment No. 2 of the Amended and Restated Professional
Services Agreement with VCA Code Group
ABSTRACT:
The Community Development Department currently uses an outside consultant, VCA
Code Group (VCA), to provide building inspection and plan review services. The
department contracts for two building inspectors and overflow plan review services.
The term of the Professional Services Agreement expires on June 30, 2014, however,
during its term a Second Amended and Restated Professional Services Agreement is
required to allocate additional funds to the Agreement so that services may continue.
RECOMMENDATION:
Approve Amendment No. 2 of the Amended and Restated Professional Services
Agreement (Attachment CC 1) with VCA Code Group for contract professional services
for an amount not to exceed $662,000 for the time period of September 1, 2011, to June
30, 2014.
FUNDING REQUIREMENTS:
The City Council approved $362,000 in the FY 2013 -2014 budget for plan review and
inspection services. No further appropriations are needed at this time.
1
Professional Services — Approval of Amendment No. 2
with VCA Code Group
July 23, 2013
Page 2
On July 24, 2012, City Council approved an Amended and Restated Professional
Services Agreement (Attachment CC 3) authorizing additional funding allocated to the
Agreement with VCA to allow for the continued professional services until June 30,
2014, at a cost not to exceed $300,000. On April 23, 2013, the City approved
Amendment No. 1 modifying the fee schedule (Attachment CC 2).
The City is experiencing an increase in development activity that necessitates
contracting for additional inspection staff to meet demand and overflow plan review
services so proper turnaround times can be achieved. Additionally, the cost of contract
services has risen due to increased demand for services by local cities. VCA provides
the department two full -time building inspectors and limited overflow plan review
services to the City.
The City Council approved $362,000 in the FY 2013 -2014 budget for continued Building
related contract services. If the City Council approves the contract Amendment No. 2
with VCA, then the total contract amount will be $662,000 for September 1, 2011, to
June 30, 2014. VCA's contract will terminate on June 30, 2014. Prior to that time, staff
will release a Request for Qualifications for Building related services to insure
competitive pricing and qualifications, should there remain a need for such services in
the following fiscal year.
ENVIRONMENTAL REVIEW:
The recommended action is not subject to the California Environmental Quality Act
(CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or
reasonably foreseeable indirect physical change in the environment) and 15060(c)(3)
(the activity is not a project as defined in Section 15378) of the CEQA Guidelines,
California Code of Regulations, Title 14, Chapter 3, because it has no potential for
resulting in physical change to the environment, directly or indirectly.
2
Professional Services — Approval of Amendment No. 2
with VCA Code Group
July 23, 2013
Page 3
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
Submitted by:
yk,"'y-
Kimberly Brand , AICP
Director
Attachments:
CC 1 Amendment No. 2
CC 2 Amendment No. 1
CC 3 Amended and Restated Professional Services Agreement
3
City Council
Attachment 1
Amendment No. 2
5
AMENDMENT NO. TWO TO
AMENDED AND RESTATED PROFESSIONAL SERVICES AGREEMENT
WITH VCA CODE GROUP FOR
BUILDING INSPECTION AND PLAN CHECK SERVICES
THIS AMENDMENT NO. TWO TO AMENDED AND RESTATED AGREEMENT
FOR PROFESSIONAL SERVICES ("Amendment No. Twd') is made and entered into as
of this 23rd day of July, 2013 ('Effective Date') by and between the CITY OF NEWPORT
BEACH, a California Municipal Corporation ('City'), and VCA CODE GROUP, a
California corporation ('Consultant'), whose address is 2200 West Orangewood Ave.,
#155, Orange, California 92868 and is made with reference to the following:
RECITALS
A. On July 24, 2012, City and Consultant entered into an Amended and Restated
Professional Services Agreement ( "Agreement ") for building inspection and plan
check review services of City's residential, commercial and industrial buildings
and structures on an as- needed basis ( "Project ").
B. On April 23, 2013, City and Consultant entered into Amendment No. One to the
Amended and Restated Agreement ( "Amendment No. One ") to modify the Fee
Schedule.
C. City desires to enter into this Amendment No. Two to increase the total
compensation due to an increase in the demand for Services.
D. City and Consultant mutually desire to amend the Agreement, as provided below.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
1. COMPENSATION TO CONSULTANT
Section 4.1 of the Agreement is amended in its entirety and replaced with the
following: "City shall pay Consultant for the Services on a time and expense not -to-
exceed basis in accordance with the provisions of this Section and the Fee Schedule
attached hereto as Exhibit B and incorporated herein by reference. Consultant's
compensation for all Work performed in accordance with this Agreement, including all
reimbursable items and subconsultant fees, shall not exceed Six Hundred and Sixty
Two Thousand Dollars and 00/100 ($662,000.00) without prior written authorization
from City. No billing rate changes shall be made during the term of this Agreement
without the prior written approval of City"
The total amended compensation reflects Consultant's additional compensation
for additional Services to be performed in accordance with this Amendment No. Two,
including all reimbursable items and subconsultant fees, in an amount not To exceed
Three Hundred Sixty Two Thousand Dollars and 00/100 ($362,000.00).
VCA CODE GROUP Page
I •f 11*0'j-, 41 :1•ZK•] kq r I
Except as expressly modified herein, all other provisions, terms, and covenants
set forth in the Agreement shall remain unchanged and shall be in full force and effect.
IN WITNESS WHEREOF, the parties have caused this Amendment No. One to
be executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date:
By: �� ((at)
Aaron C. Harp �np$
City Attorney ' �l`
ATTEST:
Date:
CITY OF NEWPORT BEACH,
A California municipal corporation
Date:
By:
Keith D. Curry
Mayor
CONSULTANT: VCA
California corporation
Date:
By: By:
Leilani I. Brown Tom Van Dorpe
City Clerk President
Bv:
Robert Chou
Vice President
[END OF SIGNATURES]
CODE GROUP, a
VCA CODE GROUP Pageg
City Council
Attachment 2
Amendment No. 1
I
AMENDMENT NO. ONE TO
AMENDED AND RESTATED PROFESSIONAL SERVICES AGREEMENT
WITH VCA CODE GROUP FOR
BUILDING INSPECTION AND PLAN CHECK SERVICES
THIS AMENDMENT NO. ONE TO AMENDED AND RESTATED AGREEMENT
� FOR PROFESSIONAL SERVICES ( "Amendment No. One ") is made and entered into
as of this day of April, 2013 ( "Effective Date ") by and between the CITY OF
IZIJ NEWPORT BEACH, a California municipal corporation and charter city ( "City "), and
VCA CODE GROUP, a California corporation ( "Consultant'), whose address is 2200
West Orangewood Ave., #155, Orange, California 92868 and is made with reference to
the following:
RECITALS
A. On July 24, 2012, City and Consultant entered into an Amended and Restated
Professional Services Agreement ( "Agreement') for building inspection and plan
check review services of City's residential, commercial and industrial buildings
and structures on an as needed basis ( "Project').
B. City desires to enter into this Amendment No. One to update the billing rates.
C. City and Consultant mutually desire to amend the Agreement, as provided below.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
1. COMPENSATION TO CONSULTANT
Exhibit B to the Agreement shall be superseded and replaced with the Schedule
of Billing Rates attached hereto as Exhibit B, and incorporated herein by reference.
2. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants
set forth in the Agreement shall remain unchanged and shall be in full force and effect.
[SIGNATURES ON NEXT PAGE]
11
IN WITNESS WHEREOF, the parties have caused this Amendment No. One to
be executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: /'� q'1)�
M
Aaron C. Harp
City Attorney
ATTEST:
Date: 4.2h,13
By: l4k�s `
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
A California municipal corporation
Date:
By:
Kimberly Brandt, AICP
Community Development Director
CONSULTANT: VCA CODE GROUP, a
California corporation
Date: f /,�
By:
Tom Vah Dorpe
President
Date: 4/ i A3
By:
Robert Chou
Vice President
[END OF SIGNATURES]
Attachments: Exhibit B — Fee Schedule
VCA CODE GROUP Page 2
12
EXHIBIT B
FEE SCHEDULE
$115.00
Plan Check and Inspection Services
$115.00
Principal
$160.00
Certified Building Official
$135.00
Assistant Building Official
$115.00
Structural Engineer
$125.00
CASp Consultant services
$160.00
CASp Consultant Plan Check
$160.00
Percentage of Fees Collected
50%
Partial Plan Check
50%
Plan Check Engineer (if no fee Percentage of Fees Collected
$ 95.00
Check Mechanical, Electrical, Plumbing Plan Engineer 11
Grading Plan Review Engineer II
Fire Protection Engineer II
Non Structural Plan Checker
$ 85.00
NPDES Review
$ 85.00
Combination Building Inspector
$47.00 to $75.00
Senior (Commercial) Building Inspector
$55.00 to $85.00
Grading Inspector
$47.00 to $75.00
Code Enforcement Officer
$47.00 to $75.00
Permit Technician
$40.00 to $55.00
Clerical /Word processing /Administration
$50.00
Planning Plan Check and Inspection Services
Senior Planner $115.00
Planner $105.00
EIR Specialist $115.00
Green and Energy Services
CALGreen /LEED /Build it Green Consultant
$115.00
Certified Energy Analyst (Energy Modeling)
$115.00
Certified Energy Plans Examiner (CEPE)
$ 95.00
HERS Rater
$115.00
Consumer Price Index. Upon the first anniversary of the Effective Date and upon each
anniversary of the Effective Date thereafter, the rates to be paid by the City as set forth above
shall be adjusted in proportion to changes in the Consumer Price Index, subject to the 3.0%
maximum adjustment increase set forth below. Such adjustment shall be made by multiplying
the original rate by a fraction, the numerator of which is the value of the Consumer Price Index
for the calendar month three (3) months preceding the calendar month for which such
adjustment is to be made and the denominator of which is the value of the Consumer Price
Index for the same calendar month one (1) year prior. For example, if the adjustment is to occur
effective June 1, 2012, the index to be used for the numerator is the index for the month of
March 2012 and the index to be used for the denominator is March 2011. The "Consumer Price
Index' to be used in such calculation is the Consumer Price Index, All Urban Consumers (All
Items) for the Los Angeles Anaheim Riverside Metropolitan Area, published by the United
States Department of Labor, Bureau of Labor Statistics (1982 84 = 100). If both an official index
and one or more unofficial indices are published, the official index shall be used. If said
VCA CODE GROUP Page --1
Consumer Price Index is no longer published at the adjustment date, it shall be constructed by
conversion tables included in such new index. In no event, however, shall the amount payable
under this Agreement be reduced below the rate in effect immediately preceding such
adjustment. The maximum increase to the rate, for any year where an adjustment is made in
proportion to changes in the Consumer Price Index, shall not exceed 3.0% of the rate in effect
immediately preceding such adjustment.
VCA CODE GROUP Pag jlBF2
City Council
Attachment 3
Amended and Restated
Professional Services Agreement
1.5
C -4936
AMENDED AND RESTATED
PROFESSIONAL SERVICES AGREEMENT
WITH VCA CODE GROUP FOR
BUILDING INSPECTION AND PLAN CHECK SERVICES
THIS AMENDED AND RESTATED AGREEMENT FOR PROFESSIONAL
SERVICES ( "Agreement') is made and entered into as of this 20, day of July, 2012
( "Effective Date ") by and between the CITY OF NEWPORT BEACH, a California
Municipal Corporation ( "City "), and THE CODE GROUP, INC., a California corporation,
doing business as ( "DBA ") VCA CODE GROUP ( "Consultant'), whose address is 2200
West Orangewood Avenue, Suite 155, Orange, California 92868 and is made with
reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of City.
B. City desires to amend and restate the Professional Services Agreement entered
with Consultant on September 1, 2011 and amended on November 21, 2011 and
July 5, 2012.
C. City desires to engage Consultant to perform building inspection services and
building plan check reviews of City's residential, commercial and industrial
buildings and structures on an as- needed basis ( "Project').
D. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the professional services described in this Agreement.
E. The principal member of Consultant for purposes of Project shall be Charles
Russell.
F. City has solicited and received a proposal from Consultant, has reviewed the
previous experience and evaluated the expertise of Consultant, and desires to
retain Consultant to render professional services under the terms and conditions
set forth in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
1. TERM
The term of this Agreement shall commence on September 1, 2011, and shall
terminate on June 30. 2014 unless terminated earlier as set forth herein.
17
2. SERVICES TO BE PERFORMED
City and Consultant acknowledge that the above Recitals are true and correct
and are hereby incorporated by reference into this Agreement. Consultant shall
diligently perform all the services described in the Scope of Services attached hereto as
Exhibit A and incorporated herein by reference ( "Services" or "Work "). The City may
elect to delete certain services within the Scope of Services at its sole discretion.
3. TIME OF PERFORMANCE
3.1 Time is of the essence in the performance of Services under this
Agreement and Consultant shall perform the Services in accordance with the schedule
included in Exhibit A. In the absence of a specific schedule, the Services shall be
performed to completion in a diligent and timely manner. The failure by Consultant to
strictly adhere to the schedule set forth in Exhibit A, if any, or perform the Services in a
diligent and timely manner may result in termination of this Agreement by City.
3.1.1 Notwithstanding the foregoing, Consultant shall not be responsible
for delays due to causes beyond Consultant's reasonable control. However, in the case
of any such delay in the Services to be provided for the Project, each party hereby
agrees to provide notice within two (2) of the occurrence causing the delay to the other
party so that all delays can be addressed.
3.2 Consultant shall submit all requests for extensions of time for performance
in writing to the Project Administrator (as defined in Section 6 below) not later than ten
(10) calendar days after the start of the condition that purportedly causes a delay. The
Project Administrator shall review all such requests and may grant reasonable time
extensions for unforeseeable delays that are beyond Consultant's control.
3.3 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the circumstances, by
fax, hand - delivery or mail.
4.1 City shall pay Consultant for the Services on a time and expense not -to-
exceed basis in accordance with the provisions of this Section and the Schedule of
Billing Rates or Progress Payments Schedule attached hereto as Exhibit B and
incorporated herein by reference. Consultant's compensation for all Work performed in
accordance with this Agreement, including all reimbursable items and subconsultant
fees, shall not exceed Three Hundred Thousand Dollars and 001100 ($300,000.00)
over the term of the Agreement without prior written authorization from City. No billing
rate changes shall be made during the term of this Agreement without the prior written
approval of City.
4.2 Consultant shall submit monthly invoices to City describing the Work
performed the preceding month. Consultant's bills shall include the name of the person
who performed the Work, a brief description of the Services performed and the specific
task in the Scope of Services to which it relates, the date the Services were performed,
the number of hours spent on all Work billed on an hourly basis, and a description of
VCA CODE GROUP Page 2
12
any reimbursable expenditures. City shall pay Consultant no later than thirty (30) days
after approval of the monthly invoice by City staff.
4.3 City shall reimburse Consultant only for those costs or expenses
specifically identified in Exhibit B to this Agreement, or specifically approved in writing in
advance by City.
4.4 Consultant shall not receive any compensation for Extra Work performed
without the prior written authorization of City. As used herein, "Extra Work" means any
Work that is determined by City to be necessary for the proper completion of the
Project, but which is not included within the Scope of Services and which the parties did
not reasonably anticipate would be necessary at the execution of this Agreement.
Compensation for any authorized Extra Work shall be paid in accordance with the
Schedule of Billing Rates as set forth in Exhibit B.
4�7 IG \►f «V
5.1 Consultant shall designate a Project Manager, who shall coordinate all
phases of the Project. This Project Manager shall be available to City at all reasonable
times during the Agreement term. Consultant has designated Charles Russell to be its
Project Manager. Consultant shall not remove or reassign the Project Manager or any
personnel listed in Exhibit A or assign any new or replacement personnel to the Project
without the prior written consent of City. City's approval shall not be unreasonably
withheld with respect to the removal or assignment of non -key personnel.
5.2 Consultant, at the sole discretion of City, shall remove from the Project
any of its personnel assigned to the performance of Services upon written request of
City. Consultant warrants that it will continuously furnish the necessary personnel to
complete the Project on a timely basis as contemplated by this Agreement.
5.3 If Consultant is performing inspection services for City, the Project
Manager and any other assigned staff shall be equipped with a cellular phone to
communicate with City staff. The Project Manager's cellular phone number shall be
provided to the City.
6. ADMINISTRATION
This Agreement will be administered by the Community Development
Department. The Building Division Manager, or his /her designee, shall be the Project
Administrator and shall have the authority to act for City under this Agreement. The
Project Administrator or his /her designee shall represent City in all matters pertaining to
the Services to be rendered pursuant to this Agreement.
7. CITY'S RESPONSIBILITIES
7.1 To assist Consultant in the execution of its responsibilities under this
Agreement, City agrees to, where applicable:
VCA CODE GROUP Page 3
19
7.1.1 Provide access to, and upon request of Consultant, one (1) copy of
all existing relevant information on file at City. City will provide all such existing relevant
information in a timely manner so as not to cause delays in Consultant's Work schedule.
7.1.2 Provide blueprinting and other services through City's reproduction
company for bid documents. Consultant will be required to coordinate the required bid
documents with City's reproduction company. All other reproduction will be the
responsibility of Consultant.
8. STANDARD OF CARE
8.1 All of the Services shall be performed by Consultant or under Consultant's
supervision. Consultant represents that it possesses the professional and technical
personnel required to perform the Services required by this Agreement, and that it will
perform all Services in a manner commensurate with the highest professional
standards. For purposes of this Agreement, the phrase "highest professional
standards" shall mean those standards of practice recognized by one (1) or more first -
class firms performing similar work under similar circumstances.
8.2 All Services shall be performed by qualified and experienced personnel
who are not employed by City. By delivery of completed Work, Consultant certifies that
the Work conforms to the requirements of this Agreement; all applicable federal, state
and local laws; and the highest professional standard.
8.3 Consultant represents and warrants to City that it has, shall obtain, and
shall keep in full force and effect during the term hereof, at its sole cost and expense, all
licenses, permits, qualifications, insurance and approvals of whatsoever nature that is
legally required of Consultant to practice its profession. Consultant shall maintain a City
of Newport Beach business license during the term of this Agreement.
8.4 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by reason of strikes,
lockouts, accidents, acts of God, or the failure of City to furnish timely information or to
approve or disapprove Consultant's Work promptly, or delay or faulty performance by
City, contractors, or governmental agencies.
9. HOLD HARMLESS
9.1 To the fullest extent permitted by law, Consultant shall indemnify, defend
and hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers and employees (collectively, the "Indemnified Parties) from and against any
and all claims (including, without limitation, claims for bodily injury, death or damage to
property), demands, obligations, damages, actions, causes of action, suits, losses,
judgments, fines, penalties, liabilities, costs and expenses (including, without limitation,
attorney's fees, disbursements and court costs) of every kind and nature whatsoever
(individually, a Claim; collectively, "Claims "), which may arise under this Agreement or in
any manner relate (directly or indirectly) to the negligence, recklessness, or willful
misconduct of the Consultant or its principals, officers, agents, employees, vendors,
suppliers, subconsultants, subcontractors, anyone employed directly or indirectly by any
of them or for whose acts they may be liable or any or all of them.
VCA CODE GROUP Page 4
20
9.2 Notwithstanding the foregoing, nothing herein shall be construed to
require Consultant to indemnify the Indemnified Parties from any Claim arising from the
sole negligence, active negligence or willful misconduct of the Indemnified Parties.
Nothing in this indemnity shall be construed as authorizing any award of attorney's fees
in any action on or to enforce the terms of this Agreement. This indemnity shall apply to
all claims and liability regardless of whether any insurance policies are applicable. The
policy limits do not act as a limitation upon the amount of indemnification to be provided
by the Consultant.
10. INDEPENDENT CONTRACTOR
It is understood that City retains Consultant on an independent contractor basis
and Consultant is not an agent or employee of City. The manner and means of
conducting the Work are under the control of Consultant, except to the extent they are
limited by statute, rule or regulation and the expressed terms of this Agreement. No
civil service status or other right of employment shall accrue to Contractor or its
employees. Nothing in this Agreement shall be deemed to constitute approval for
Consultant or any of Consultant's employees or agents, to be the agents or employees
of City. Consultant shall have the responsibility for and control over the means of
performing the Work, provided that Consultant is in compliance with the terms of this
Agreement. Anything in this Agreement that may appear to give City the right to direct
Consultant as to the details of the performance of the Work or to exercise a measure of
control over Consultant shall mean only that Consultant shall follow the desires of City
with respect to the results of the Services.
11. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or interest in the
Work to be performed. City agrees to cooperate with the Consultant on the Project.
12. CITY POLICY
Consultant shall discuss and review all matters relating to policy and Project
direction with City's Project Administrator in advance of all critical decision points in
order to ensure the Project proceeds in a manner consistent with City goals and
policies.
13. PROGRESS
Consultant is responsible for keeping the Project Administrator and /or his /her
duly authorized designee informed on a regular basis regarding the status and progress
of the Project, activities performed and planned, and any meetings that have been
scheduled or are desired.
14. INSURANCE
Without limiting Consultant's indemnification of City, and prior to commencement
of Work, Consultant shall obtain, provide and maintain at its own expense during the
term of this Agreement or for other periods as specified in this Agreement, policies of
VCA CODE GROUP Page 5
21
insurance of the type, amounts, terms and conditions described in the Insurance
Requirements attached hereto as Exhibit C, and incorporated herein by reference.
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the Services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following shall
be construed as an assignment: The sale, assignment, transfer or other disposition of
any of the issued and outstanding capital stock of Consultant, or of the interest of any
general partner or joint venturer or syndicate member or cotenant if Consultant is a
partnership or joint-venture or syndicate or cotenancy, which shall result in changing the
control of Consultant. Control means fifty percent (50 %) or more of the voting power, or
twenty -five percent (25 %) or more of the assets of the corporation, partnership or joint -
venture.
The subcontractors authorized by City, if any, to perform Work on this Project are
identified in Exhibit A. Consultant shall be fully responsible to City for all acts and
omissions of any subcontractor. Nothing in this Agreement shall create any contractual
relationship between City and any subcontractor nor shall it create any obligation on the
part of City to pay or to see to the payment of any monies due to any such
subcontractor other than as otherwise required by law. The City is an intended
beneficiary of any Work performed by the subcontractor for purposes of establishing a
duty of care between the subcontractor and the City. Except as specifically authorized
herein, the Services to be provided under this Agreement shall not be otherwise
assigned, transferred, contracted or subcontracted out without the prior written approval
of City.
17. OWNERSHIP OF DOCUMENTS
17.1 Each and every report, draft, map, record, plan, document and other
writing produced (hereinafter "Documents "), prepared or caused to be prepared by
Consultant, its officers, employees, agents and subcontractors, in the course of
implementing this Agreement, shall become the exclusive property of City, and City
shall have the sole right to use such materials in its discretion without further
compensation to Consultant or any other party. Consultant shall, at Consultant's
expense, provide such Documents to City upon prior written request.
17.2 Documents, including drawings and specifications, prepared by
Consultant pursuant to this Agreement are not intended or represented to be suitable
for reuse by City or others on any other project. Any use of completed Documents for
other projects and any use of incomplete Documents without specific written
authorization from Consultant will be at City's sole risk and without liability to
Consultant. Further, any and all liability arising out of changes made to Consultant's
deliverables under this Agreement by City or persons other than Consultant is waived
against Consultant and City assumes full responsibility for such changes unless City
VCA CODE GROUP Page 6
22
has given Consultant prior notice and has received from Consultant written consent for
such changes.
17.3 All improvement and /or construction plans shall be prepared with indelible
waterproof ink or electrostaticly plotted on standard twenty -four inch (24 ") by thirty -six
inch (36 ") Mylar with a minimum thickness of three (3) mils. Consultant shall provide to
City 'As- Built' drawings and a copy of digital Computer Aided Design and Drafting
( "CADD ") and Tagged Image File Format (.tiff) files of all final sheets within ninety (90)
days after finalization of the Project. For more detailed requirements, a copy of the City
of Newport Beach Standard Design Requirements is available from the City's Public
Works Department.
18. COMPUTER DELIVERABLES
CADD data delivered to City shall include the professional stamp of the engineer
or architect in charge of or responsible for the Work. City agrees that Consultant shall
not be liable for claims, liabilities or losses arising out of, or connected with (a) the
modification or misuse by City, or anyone authorized by City, of CADD data; (b) the
decline of accuracy or readability of CADD data due to inappropriate storage conditions
or duration; or (c) any use by City, or anyone authorized by City, of CADD data for
additions to this Project, for the completion of this Project by others, or for any other
Project, excepting only such use as is authorized, in writing, by Consultant. By
acceptance of CADD data, City agrees to indemnify Consultant for damages and liability
resulting from the modification or misuse of such CADD data. All original drawings shall
be submitted to City in the version of AutoCAD used by the City in .dwg file format, on a
CD, and should comply with the City's digital submission requirements for improvement
plans available from the City's Public Works Department. The City will provide
Consultant with City title sheets as AutoCAD file(s) in .dwg file format. All written
documents shall be transmitted to City in formats compatible with Microsoft Office
and /or viewable with Adobe Acrobat.
19. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the Services in this Agreement, shall be kept
confidential unless City expressly authorizes in writing the release of information.
20. OPINION OF COST
Any opinion of the construction cost prepared by Consultant represents the
Consultant's judgment as a design professional and is supplied for the general guidance
of City. Since Consultant has no control over the cost of labor and material, or over
competitive bidding or market conditions, Consultant does not guarantee the accuracy
of such opinions as compared to consultant or contractor bids or actual cost to City.
21. INTELLECTUAL PROPERTY INDEMNITY
The Consultant shall defend and indemnify City, its agents, officers,
representatives and employees against any and all liability, including costs, for
infringement or alleged infringement of any United States' letters patent, trademark, or
VCA CODE GROUP Page 7
23
copyright, including costs, contained in Consultant's Documents provided under this
Agreement.
22. RECORDS
Consultant shall keep records and invoices in connection with the Services to be
performed under this Agreement. Consultant shall maintain complete and accurate
records with respect to the costs incurred under this Agreement and any Services,
expenditures and disbursements charged to City, for a minimum period of three (3)
years, or for any longer period required by law, from the date of final payment to
Consultant under this Agreement. All such records and invoices shall be clearly
identifiable. Consultant shall allow a representative of City to examine, audit and make
transcripts or copies of such records and invoices during regular business hours.
Consultant shall allow inspection of all Work, data, Documents, proceedings and
activities related to the Agreement for a period of three (3) years from the date of final
payment to Consultant under this Agreement.
City may withhold payment to Consultant of any disputed sums until satisfaction
of the dispute with respect to such payment. Such withholding shall not be deemed to
constitute a failure to pay according to the terms of this Agreement. Consultant shall
not discontinue Work as a result of such withholding. Consultant shall have an
immediate right to appeal to the City Manager or his /her designee with respect to such
disputed sums. Consultant shall be entitled to receive interest on any withheld sums at
the rate of return that City earned on its investments during the time period, from the
date of withholding of any amounts found to have been improperly withheld.
24. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than what would
have resulted if there were not errors or omissions in the Work accomplished by
Consultant, the additional design, construction and /or restoration expense shall be
borne by Consultant. Nothing in this Section is intended to limit City's rights under the
law or any other sections of this Agreement.
25. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the
Project.
26. CONFLICTS OF INTEREST
26.1 The Consultant or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act "), which (1) requires such persons to
disclose any financial interest that may foreseeably be materially affected by the Work
performed under this Agreement, and (2) prohibits such persons from making, or
participating in making, decisions that will foreseeably financially affect such interest.
VCA CODE GROUP Page 8
24
26.2 If subject to the Act, Consultant shall conform to all requirements of the
Act. Failure to do so constitutes a material breach and is grounds for immediate
termination of this Agreement by City. Consultant shall indemnify and hold harmless
City for any and all claims for damages resulting from Consultant's violation of this
Section.
27. NOTICES
27.1 All notices, demands, requests or approvals, including any change in
mailing address, to be given under the terms of this Agreement shall be given in writing,
and conclusively shall be deemed served when delivered personally, or on the third
business day after the deposit thereof in the United States mail, postage prepaid, first -
class mail, addressed as hereinafter provided. All notices, demands, requests or
approvals from Consultant to City shall be addressed to City at:
Attn: Building Division Manager
Community Development Department
City of Newport Beach
3300 Newport Boulevard
PO Box 1768
Newport Beach, CA 92658
Phone: (949) 644 -3282
Fax: (949) 644 -3250
27.2 All notices, demands, requests or approvals from City to Consultant shall
be addressed to Consultant at:
Attn: Charles Russell, CBO
VCA CODE GROUP
2200 West Orangewood Ave., Suite 155
Orange, CA 92868
Phone: (714) 363 -4700
Fax: (714) 363 -4747
28. CLAIMS
Unless a shorter time is specified elsewhere in this Agreement, before making its
final request for payment under this Agreement, Consultant shall submit to City, in
writing, all claims for compensation under or arising out of this Agreement.
Consultant's acceptance of the final payment shall constitute a waiver of all claims for
compensation under or arising out of this Agreement except those previously made in
writing and identified by Consultant in writing as unsettled at the time of its final request
for payment. The Consultant and the City expressly agree that in addition to any claims
filing requirements set forth in the Agreement, the Consultant shall be required to file
any claim the Consultant may have against the City in strict conformance with the Tort
Claims Act (Government Code sections 900 of seq.).
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R01111111111111111 C TH ► _ Z[97►i
29.1 In the event that either parry fails or refuses to perform any of the
provisions of this Agreement at the time and in the manner required, that party shall be
deemed in default in the performance of this Agreement. If such default is not cured
within a period of two (2) calendar days, or if more than two (2) calendar days are
reasonably required to cure the default and the defaulting party fails to give adequate
assurance of due performance within two (2) calendar days after receipt of written
notice of default, specifying the nature of such default and the steps necessary to cure
such default, and thereafter diligently take steps to cure the default, the non - defaulting
party may terminate the Agreement forthwith by giving to the defaulting party written
notice thereof.
29.2 Notwithstanding the above provisions, City shall have the right, at its sole
and absolute discretion and without cause, of terminating this Agreement at any time by
giving no less than seven (7) calendar days prior written notice to Consultant. In the
event of termination under this Section, City shall pay Consultant for Services
satisfactorily performed and costs incurred up to the effective date of termination for
which Consultant has not been previously paid. On the effective date of termination,
Consultant shall deliver to City all reports, Documents and other information developed
or accumulated in the performance of this Agreement, whether in draft or final form.
30. STANDARD PROVISIONS
30.1 Compliance with all Laws. Consultant shall at its own cost and expense
comply with all statutes, ordinances, regulations and requirements of all governmental
entities, including federal, state, county or municipal, whether now in force or hereinafter
enacted. In addition, all Work prepared by Consultant shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be
subject to approval of the Project Administrator and City.
30.2 Waiver. A waiver by either party of any breach, of any term, covenant or
condition contained herein shall not be deemed to be a waiver of any subsequent
breach of the same or any other term, covenant or condition contained herein, whether
of the same or a different character.
30.3 Integrated Contract. This Agreement represents the full and complete
understanding of every kind or nature whatsoever between the parties hereto, and all
preliminary negotiations and agreements of whatsoever kind or nature are merged
herein. No verbal agreement or implied covenant shall be held to vary the provisions
herein.
30.4 Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Agreement and the Scope of Services or any other
attachments attached hereto, the terms of this Agreement shall govern.
30.5 Interpretation. The terms of this Agreement shall be construed in
accordance with the meaning of the language used and shall not be construed for or
against either party by reason of the authorship of the Agreement or any other rule of
construction which might otherwise apply.
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30.6 Amendments. This Agreement may be modified or amended only by a
written document executed by both Consultant and City and approved as to form by the
City Attorney.
30.7 Severability. If any term or portion of this Agreement is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Agreement shall continue in full force and effect.
30.8 Controlling Law and Venue. The laws of the State of California shall
govern this Agreement and all matters relating to it and any action brought relating to
this Agreement shall be adjudicated in a court of competent jurisdiction in the County of
Orange, State of California.
30.9 Equal Opportunity Employment. Consultant represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee
or applicant for employment because of race, religion, color, national origin, handicap,
ancestry, sex, age or.8py.-oth4 impermissible basis under law.
30.10 No Attorney's Fees. In the event of any dispute or legal action arising
under this Agreement, the prevailing party shall not be entitled to attorney's fees.
30.11 Counterparts. This Agreement may be executed in two (2) or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one (1) and the same`•Ibstrument.
[SIGNATURES ON NEXT PAGE]
VCA CODE GROUP Page 11
27
IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY A T EY'S OFFICE
Date:
By:
Aaron C. Harp
City Attorney
ATTEST:
Date:
i
akjl��
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
A California municipal corporation
Date: %���/?�
By:
Nancy Gard
Mayor
CONSULTANT: THE CODE GROUP,
INC., a California corporation, doing
business as ( "qBA ") VCA CODE GROUP
Date: &q// Z'0/2
FE 1
By:
Robert Chou
Vice President
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
A11- 01234 /f.-1 appsl caticycomlwpdocsl d0111 p006100012078.docx
VCA CODE GROUP
Page 12
22
EXHIBIT A
SCOPE OF SERVICES
1111 :0141 =1?
1. Consultant will act as an independent agent in supplementing the City's need
to provide building inspection services and be required to report on -site at Newport
Beach City Hall as directed and perform field inspections as assigned.
2. Consultant shall conduct plan reviews of City's residential, commercial and
industrial buildings and structures for compliance with the adopted version of the
California Building Code, International Property Maintenance Code, Green Code,
Mechanical Code, Plumbing Code, and Electrical Code; The City of Newport Beach
Municipal Code; the Accessibility and Energy Conservation requirements as mandated
by State Title 24; and all applicable City ordinances. Plan check shall include the initial
check, subsequent rechecks, and final review and approval.
3. Consultant shall perform structural design code compliance review and
compliance with the submitted Geotechnical Report findings and recommendations and
Ground Motion Hazard Analysis findings and recommendations for design and
construction.
4. Consultant shall provide written notification to each applicant, consisting of a
complete electronically - generated plan check letter which outlines the documents
reviewed, instructions to the applicant regarding the processing of documents, and a
listing of plan check comments. The plan check comments will refer to appropriate
sheets, details or calculations pages and the code section of concern. Comments shall
specify the apparent code violation.
5. Consultant shall be available during regular business hours to discuss and
clarify plan check issues with applicants, designers, owners and consultants. Resolution
of code issues may be performed by telephone, or meetings prior to resubmitting
corrected plans and documents.
6. Consultant shall attend meetings as requested.
7. Consultant shall review grading plans to assure conformance with City codes,
written policies and standard specifications and compliance with the recommendations,
specifications and details contained in the submitted soils report and assure that all
appropriate details are shown on the plans. Review quantity calculations to assure
accuracy and completeness.
8. Consultant shall review water quality management plans for compliance with
regional model WQMP and verify that grading plans incorporate WQMP
recommendations.
9. Consultant shall review Erosion Control Plans to verify erosion and
sedimentation measures comply with the Best Management Practices listed in the
VCA Code Group Page A -1
�9
Storm Water Pollution Prevention Plans in compliance with NPDES and WQMP
requirements.
10. Consultant may be asked to provide these building plan review Services on
site at Newport Beach City Hall at the discretion of the City. In these situations
Consultant shall receive direction from designated Community Development staff and
be required to provide these services in accordance with the Building Department's
normal work schedule. On -site work hours shall be determined by Community
Development staff and conveyed to Consultant on a bi- weekly basis.
11. Consultant shall ensure that any consultant team members assigned to this
project to provide on -site services have previously been vetted through a Department of
Justice (DOJ) compliant background screening process.
12. Consultant shall ensure that any consultant team members assigned to this
project for the purposes of providing building plan review services possess relevant
education, experience, and proficiency in all areas pertaining to residential and
commercial plan review. Assigned consultant team members must also possess a
current and valid International Code Council (ICC) "Building Plans Examiner" certificate;
registration as a professional engineer is desirable.
13. Plan Review Turn - Around Schedule. Consultant shall complete each plan
check within the time specified below:
First Check: Ten (10) working days from submittal by applicant.
Subsequent Checks: Five (5) working days
B. BUILDING INSPECTION SERVICES
1. Consultant shall provide inspections of all requested inspections and re-
inspections for compliance with City of Newport Beach Municipal Code and State codes
and regulations: California Building Code, International Property Maintenance Code,
Plumbing Code, Mechanical Code, Electrical Code, Fire Code, Energy Code, Green
Building Standards Code, Disabled Access Regulations, and Title 25; Mobile Home
Parks regulations; State Water Resource Control Board regulations related to storm
water pollution prevention; Sound Transmission Control regulations; and, locally
adopted building ordinances and amendments thereof.
2. Consultant shall maintain all inspection records for all assigned projects,
including correction notices and all documentation related to project inspections.
3. Consultant shall coordinate all inspection and re- inspection requests as
assigned.
4. Consultant shall coordinate with the Chief Building Inspector, as appropriate,
on discretionary decisions or requests for alternate materials.
VCA Code Group Page A -2
so
5. Consultant shall coordinate with the Chief Building Inspector on all Certificate
of Occupancy to ensure that all applicable City regulatory agencies have approved the
project.
6. Consultant may be asked to report on -site at Newport Beach City Hall at the
discretion of the City. In these situations Consultant shall receive direction from
designated Community Development staff and be required to provide building
inspection services in accordance with the Building Department's normal work schedule.
On -site work hours shall be determined by Community Development staff and conveyed
to Consultant on a bi- weekly basis.
7. Consultant shall ensure that any consultant team members Assigned to this
project to provide on -site services have previously been vetted through a Department of
Justice (DOJ) compliant background screening process.
8. Consultant shall ensure that any consultant team members assigned to this
Project for the purposes of providing building inspection services possess relevant
education, experience, and proficiency in all areas pertaining to building inspections.
Assigned consultant team members must also possess ICC certification as a
Combination Building Inspector.
9. Once assigned, Consultant team members assigned to this Project shall not
be substituted without approval from the Chief Building Inspector or his /her designee.
VCA Code Group Page A -3
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EXHIBIT B
SCHEDULE OF BILLING RATES
Full Plan Check - Beginning with initial plan check to final
approval.
Percentage of Fees Collected
50%
Hourly Rate if no fees are collected
$75.00
Partial Plan Check
Percentage of Fees Collected
50%
Hourly Rate if no fees are collected
$75.00
Client Consultation at City Hall
Hourly Rate
$75.00
Mileage Reimbursement
$0.51 /mile
Building Official
Hourly Rate
$135.00
Building Inspector
Hourly Rate
$45.00 -- $55.00
Permit Counter Technician
Hourly Rate
$35.00
Consumer Price Index. Upon the first anniversary of the Effective Date and upon each
anniversary of the Effective Date thereafter, the rates to be paid by the City as set forth above
shall be adjusted in proportion to changes in the Consumer Price Index, subject to the 3.0%
maximum adjustment increase set forth below. Such adjustment shall be made by multiplying
the original rate by a fraction, the numerator of which is the value of the Consumer Price Index
for the calendar month three (3) months preceding the calendar month for which such
adjustment is to be made and the denominator of which is the value of the Consumer Price
Index for the same calendar month one (1) year prior. For example, if the adjustment is to occur
effective June 1, 2012, the index to be used for the numerator is the index for the month of
March 2012 and the index to be used for the denominator is March 2011. The "Consumer Price
Index" to be used in such calculation is the Consumer Price Index, All Urban Consumers (All
Items) for the Los Angeles Anaheim Riverside Metropolitan Area, published by the United
States Department of Labor, Bureau of Labor Statistics (1982 84 = 100). If both an official index
and one or more unofficial indices are published, the official index shall be used. If said
Consumer Price Index is no longer published at the adjustment date, it shall be constructed by
conversion tables included in such new index. In no event, however, shall the amount payable
under this Agreement be reduced below the rate in effect immediately preceding such
adjustment. The maximum increase to the rate, for any year where an adjustment is made in
proportion to changes in the Consumer Price Index, shall not exceed 3.0% of the rate in effect
immediately preceding such adjustment.
VCA CODE GROUP Page B -1
EXHIBIT C
1. INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES
1.1 Provision of Insurance. Without limiting Consultant's indemnification of
City, and prior to commencement of Work, Consultant shall obtain, provide and maintain
at its own expense during the term of this Agreement, policies of insurance of the type
and amounts described below and in a form satisfactory to City. Consultant agrees to
provide insurance in accordance with requirements set forth here. If Consultant uses
existing coverage to comply and that coverage does not meet these requirements,
Consultant agrees to amend, supplement or endorse the existing coverage.
1.2 Acceptable Insurers. All insurance policies shall be issued by an
insurance company currently authorized by the Insurance Commissioner to transact
business of insurance in the State of California, with an assigned policyholders' Rating
of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the
latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk
Manager.
1.3 Coverage Requirements.
1.3.1 Workers' Compensation Insurance. Consultant shall maintain
Workers' Compensation Insurance, statutory limits, and Employer's Liability Insurance
with limits of at least one million dollars ($1,000,000) each accident for bodily injury by
accident and each employee for bodily injury by disease in accordance with the laws of
the State of California, Section 3700 of the Labor Code.
1.3.1.1 Consultant shall submit to City, along with the certificate
of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents,
employees and volunteers.
1.3.2 General Liability Insurance. Consultant shall maintain commercial
general liability insurance, and if necessary umbrella liability insurance, with coverage at
least as broad as provided by Insurance Services Office form CG 00 01, in an amount
not less than one million dollars ($1,000,000) per occurrence, two million dollars
($2,000,000) general aggregate. The policy shall cover liability arising from premises,
operations, products - completed operations, personal and advertising injury, and liability
assumed under an insured contract (including the tort liability of another assumed in a
business contract) with no endorsement or modification limiting the scope of coverage
for liability assumed under a contract.
1.3.3 Automobile Liability Insurance. Consultant shall maintain
automobile insurance at least as broad as Insurance Services Office form CA 00 01
covering bodily injury and property damage for all activities of the Consultant arising out
of or in connection with Work to be performed under this Agreement, including coverage
for any owned, hired, non -owned or rented vehicles, in an amount not less than one
million dollars ($1,000,000) combined single limit each accident.
VCA CODE GROUP Page C -1
33
1.3.4 Professional Liability (Errors & Omissions) Insurance. Consultant
shall maintain professional liability insurance that covers the Services to be performed
in connection with this Agreement, in the minimum amount of one million dollars
($1,000,000) per claim and in the aggregate. Any policy inception date, continuity date,
or retroactive date must be before the effective date of this agreement and Consultant
agrees to maintain continuous coverage through a period no less than three years after
completion of the services required by this agreement.
1.4 Other Insurance Requirements. The policies are to contain, or be
endorsed to contain, the following provisions:
1.4.1 Waiver of Subrogation. All insurance coverage maintained or
procured pursuant to this agreement shall be endorsed to waive subrogation against
City, its elected or appointed officers, agents, officials, employees and volunteers or
shall specifically allow Consultant or others providing insurance evidence in compliance
with these requirements to waive their right of recovery prior to a loss. Consultant
hereby waives its own right of recovery against City, and shall require similar written
express waivers from each of its subconsultants.
1.4.2 Additional Insured Status. All liability policies including general
liability, excess liability, pollution liability, and automobile liability, but not including
professional liability, shall provide or be endorsed to provide that City and its officers,
officials, employees, and agents shall be included as insureds under such policies.
1.4.3 Primary and Non Contributory. All liability coverage shall apply on
a primary basis and shall not require contribution from any insurance or self- insurance
maintained by City.
1.4.4 Notice of Cancellation. All policies shall provide City with thirty (30)
days notice of cancellation (except for nonpayment for which ten (10) days notice is
required) or nonrenewal of coverage for each required coverage.
1.5 Additional Agreements Between the Parties. The parties hereby agree to
the following:
1.5.1 Evidence of Insurance. Consultant shall provide certificates of
insurance to City as evidence of the insurance coverage required herein, along with a
waiver of subrogation endorsement for workers' compensation and other endorsements
as specified herein for each coverage. Insurance certificates and endorsement must be
approved by City's Risk Manager prior to commencement of performance. Current
certification of insurance shall be kept on file with City at all times during the term of this
Agreement. City reserves the right to require complete, certified copies of all required
insurance policies, at any time.
1.5.2 City's Right to Revise Requirements. The City reserves the right at
any time during the term of the Agreement to change the amounts and types of
insurance required by giving the Consultant sixty (60) days advance written notice of
VCA CODE GROUP Page C -2
such change. If such change results in substantial additional cost to the Consultant, the
City and Consultant may renegotiate Consultant's compensation.
1.5.3 Enforcement of Agreement Provisions. Consultant acknowledges
and agrees that any actual or alleged failure on the part of the City to inform Consultant
of non - compliance with any requirement imposes no additional obligations on the City
nor does it waive any rights hereunder.
1.5.4 Requirements not Limiting. Requirements of specific coverage
features or limits contained in this Section are not intended as a limitation on coverage,
limits or other requirements, or a waiver of any coverage normally provided by any
insurance. Specific reference to a given coverage feature is for purposes of clarification
only as it pertains to a given issue and is not intended by any party or insured to be all
inclusive, or to the exclusion of other coverage, or a waiver of any type.
1.5.5 Self- insured Retentions. Any self- insured retentions must be
declared to and approved by City. City reserves the right to require that self- insured
retentions be eliminated, lowered, or replaced by a deductible. Self- insurance will not be
considered to comply with these requirements unless approved by City.
1.5.6 City Remedies for Non Compliance If Consultant or any
subconsultant fails to provide and maintain insurance as required herein, then City shall
have the right but not the obligation, to purchase such insurance, to terminate this
agreement, or to suspend Consultant's right to proceed until proper evidence of
insurance is provided. Any amounts paid by City shall, at City's sole option, be
deducted from amounts payable to Consultant or reimbursed by Consultant upon
demand.
1.5.7 Timely Notice of Claims. Consultant shall give City prompt and
timely notice of claims made or suits instituted that arise out of or result from
Consultant's performance under this Agreement, and that involve or may involve
coverage under any of the required liability policies.
1.5.8 Consultant's Insurance. Consultant shall also procure and
maintain, at its own cost and expense, any additional kinds of insurance, which in its
own judgment may be necessary for its proper protection and prosecution of the Work.
VCA CODE GROUP Page C -3
315