HomeMy WebLinkAbout11 - Building Inspecition & Plan Review ServicesCITY OF
NEWPORT BEACH
City Council Staff Report
Agenda Item No. 11
July 24, 2012
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Community Development Department
Kimberly Brandt, AICP, Director
949 - 644 -3226, kbrandtCcDnewportbeachca.gov
PREPARED BY: Seimone Jurjis, Chief Building Official
APPROVED: A
TITLE: Building Inspection and Plan Review Services — Approval of
Amended and Restated Professional Services Agreement with
VCA Code Group.
ABSTRACT:
The Community Development Department currently uses the services of an outside
consultant to provide building inspection and plan review services. The term of the
Professional Services Agreement expires on June 30, 2014. However, during its term,
an Amended and Restated Professional Services Agreement is required to allocate
funds to pay for the services.
RECOMMENDATION:
Approve the Amended and Restated Professional Services Agreement
(Attachment CC 1) with VCA Code Group ( "VCA ") for contract professional
services for an amount not to exceed $300,000.
FUNDING REQUIREMENTS:
For the 2011 -2012 fiscal year, $100,000 was allocated towards the original Professional
Services Agreement. The approved FY 2012 -2013 budget includes an additional
$100,000 to go towards the Amended and Restated Professional Services Agreement.
For the 2013 -2014 fiscal year staff will request funding through the budget process
based on anticipated work load. With approval of the Amended and Restated
Professional Services Agreement, should the City Council approve funds in the FY
2013 -2014 budget, the funds shall be allocated to this Agreement.
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DISCUSSION:
On September 1, 2011, the City and VCA entered into an On -Call Professional Services
Agreement (CC 2) to perform building inspection and plan review services. Currently,
VCA provides one full -time building inspector to provide building inspection services to
ensure construction is in compliance with adopted building codes at a cost of
approximately $100,000 per year.
On November 1, 2011, Amendment No. 1 (CC 2) was entered into between the two
parties to revise the hourly fee rate for inspection services. On July 5, 2012,
Amendment No. 2 (CC 2) was approved to extend the term of the Agreement to June
30, 2014, but the total funding for the Agreement is limited to the City Manager's
authority of $125,000. Therefore, the Amended and Restated Professional Services
Agreement (CC 1) is necessary to authorize the additional funding be allocated to the
Agreement so that services may continue until June 30, 2014.
The total expenditure under this Agreement from September 1, 2011, to June 30, 2014,
will not exceed $300,000.
ENVIRONMENTAL REVIEW:
The recommended action is not subject to the California Environmental Quality Act
( "CEQK) 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.
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:
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Kimberly Brand , AICP
Director
Attachments: CC 1 Amended and Restated Professional Services Agreement
CC 2 Original Professional Services Agreement and Amendments
No. 1 and No. 2
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City Council
Attachment 1
Amended and Restated Professional
Services Agreement
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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 24th 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.
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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. COMPENSATION TO CONSULTANT
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 00/100 ($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
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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.
5. PROJECT MANAGER
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:
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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.
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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.
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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
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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.
16. SUBCONTRACTING
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
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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.
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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
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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.
23. WITHHOLDINGS
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.
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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.
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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.
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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
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 et seq.).
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29. TERMINATION
29.1 In the event that either party 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 any other 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 instrument.
[SIGNATURES ON NEXT PAGE]
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IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY A EY'S OFFICE
Date:
BV..
Aaron C. Harp
City Attorney
ATTEST:
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Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
A California municipal corporation
By:
Nancy Gardner
Mayor
CONSULTANT: THE CODE GROUP,
INC., a California corporation, doing
business as ( "DBA ") VCA CODE GROUP
Date:
By:
Tom Van Dorpe
President
Date:
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 /l..*Iappslcaflcycoml wpdocsld0111 p006100012078. docx
VCA CODE GROUP Page 12
EXHIBIT A
SCOPE OF SERVICES
A. BUILDING PLAN REVIEW SERVICES
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
1-7
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.
WrA
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.
19
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.
20
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.
21
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
22
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.
23
24
City Council
Attachment 2
Original Professional Services Agreement
and Amendments No. 1 and No. 2
25
20
AMENDMENT NO. 2 TO
ON -CALL PROFESSIONAL SERVICES AGREEMENT WITH
VGA CODE GROUP FOR
BUILDING INSPECTION AND PLAN REVIEW SERVICES
THIS AMENDMENT NO. 2 TO PROFESS IONAL gVICES AGREEMENT
( "Amendment No. 2 "), is entered into as of this � day of , 2012, by and between
the CITY OF NEWPORT BEACH, a California Municipal Corporation ( "City "), and VCA
Code Group a California corporation whose address is 2200 West Orangewood
Avenue, Suite 155, Orange, California 92868 ( "Consultant "), and is made with reference
to the following:
RECITALS:
A. On September 1, 2011, City and Consultant entered into a Professional Services
Agreement ( "Agreement ") to perform on -.call building inspection and plan review
services on an as- needed basis ( "Project ").
B. On November 21, 2011, City and Consultant entered into Amendment No. 1 to
the Agreement ( "Amendment No. 1 ") to revise the rates.
C. City desires to enter into this Amendment No. 2 to extend the term of the
Agreement
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. TERM
Section 1 of the Agreement shall be replaced in its entirety with the following: The term
of this Agreement shall commence on September 1, 2011 and shall terminate on June
30, 2014, unless terminated earlier as set forth in the Agreement.
2. INSURANCE
Section 14 of the Agreement shall be replaced in its entirety with the following:
14.1 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.
27
14,2 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.
14.3 Coverage Requirements.
14.3.1 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.
14.3.1.1 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.
14.3.2 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.
14.3.3 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.
14.3.4 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.
14.4 Other Insurance Requirements. The policies are to contain, or be
endorsed to contain, the following provisions:
M
14.4.1 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.
14.4.2 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.
14.4.3 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.
14.4.4 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.
14.5 Additional Agreements Between the Parties. The parties hereby agree to
the following:
14.5.1 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.
14.5.2 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
such change. If such change results in substantial additional cost to the Consultant, the
City and Consultant may renegotiate Consultant's compensation.
14.5.3 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.
14.5.4 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
�9
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.
14.5.5 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.
14.5.6 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.
14.5.7 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.
14.5.8 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.
3. 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]
so
IN WITNESS WHEREOF, the parties hereto have executed this Amendment No.
2 on the dates written below.
APPROVED AS TO FORM:
CITY ATT RWY'S OFFICE
Date:
By:
Aaron C. Harp
City Attorney
ATTEST: rJ JZ
Date:
By: /V 4, m
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
A California municipal corporation
Date: (o- /tea /aaiZ
By:
Dana Smith V
Assistant City Manager
CONSULTANT: VCA Code Group, a
California co��t,pv,o1� ation
Date: 45�?
By: a/a
Tom an Dor e
President
Date: C'Lmll /z
Bv:
Robert Chou
Vice President / Treasurer
[END OF SIGNATURES]
�1
AMENDMENT NO.ONE TO
ON -CALL PROFESSIONAL SERVICES AGREEMENT WITH
VCA CODE GROUP FOR
BUILDING INSPECTION AND PLAN REVIEW SERVICES
THIS AMENDMENT NO. ONE TO PROFESSIONAL SERVICES AGREEMENT
( "Amendment No. One] "), is entered into as of this W day of November, 2011, by and
between the CITY OF NEWPORT BEACH, a California Municipal Corporation ( "City"),
and VCA Code Group a California corporation whose address is 2200 West
Orangewood Avenue, Suite 155, Orange, California 92868 ( "Consultant"), and is made
with reference to the following:
RECITALS:
A. On September 1, 2011, City and Consultant entered into a Professional Services
Agreement ( "Agreement ") to perform on -call building inspection and plan review
services on an as- needed basis ('Project').
B. City desires to enter into this Amendment No. One to replace Exhibit B to the
Agreement.
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:
COMPENSATION
The Fee Schedule attached to the Agreement as Exhibit B shall be replaced with the
Fee Schedule attached hereto as Exhibit A 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.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment No.
One on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'$ OFFICE
G
City Attorney
ATTEST:
Date:
By: ak� -
Leilani I. Brown
City Clerk AO Pfhl.
Attachments: Exhibit A —Fee Schedule
CITY OF NEWPORT BEACH,
A California municipal corporation
Date: I 1 101 yom
By: 4y
Dana SmIth
Assistant City Manager
CONSULTANT: VCA Code Group, a
California corporation
Date: i iA761
By:
Tom an Dorpe
President
Date: t i Al ,F,
By:
Robert Chou
Vice President/ Treasurer
EXHIBIT A
EXHIBIT B
FEE SCHEDULE
Full Plan Check— Beginning with Initial plan check to final approval.
Percentageof 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
HourlyRate .................................................................. ............................... .........................$75.00
Mileage Reimbursement
.....................$0.51 /mile
Building Official
HourlyRate ................................................................. ............................... ........................$135.00
Building Inspector
Hourly Rate
Permit Counter Technician
.....$45.00 - $55.00
HourlyRate .................................................................. ............................... .........................$35.00
Revised 11/04/11
�5
ON -CALL PROFESSIONAL SERVICES AGREEMENT WITH
VCA CODE GROUP FOR
BUILDING INSPECTION & PLAN REVIEW SERVICES
THIS ON -CALL PROFESSIONAL SERVICES AGREEMENT ( "Agreement ") is
made and entered into as of this 1st day of September, 2011, by and between the CITY
OF NEWPORT BEACH, a Municipal Corporation ( "City "), and VCA CODE GROUP, a
California corporation whose address is 2200 West Orangewood Avenue, Suite 155,
Orange, California, 92868 ( "Consultant "), 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 has a need for on -call assistance for building inspection and plan review
services.
C. City desires to engage Consultant to perform on -call building inspection & plan
review services on an as need basis ( "Project").
D. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the 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 the above written date, and shall
terminate on June 30, 2012, unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
2.1 Consultant shall provide "On -Call" plan review services as described in the
Scope of Services attached hereto as Exhibit A and incorporated herein by reference
( "Services "). Upon verbal or written request from the Project Administrator (as defined
below in Section 6), Consultant shall provide a letter proposal for Services requested by
3 (o
the City (hereinafter referred to as the "Letter Proposal "). The Letter Proposal shall
include the following:
2.1.1 A detailed description of the Services to be provided;
2.1.2 The position of each person to be assigned to perform the
Services, and the name of the individuals to be assigned, if available;
and
2.1.3 The estimated number of hours and cost to complete the Services;
2.1.4 The time needed to finish the specific project.
2.2 No Services shall be provided until the Project Administrator has provided
written acceptance of the Letter Proposal. Once authorized to proceed, Consultant
shall diligently perform the duties in the approved Letter Proposal.
3. TIME OF PERFORMANCE
3.1 Time is of the essence in the performance of Services under this
Agreement and the Services shall be performed to completion in a diligent and timely
manner. The failure by Consultant to 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 to the other party so that all delays can be addressed.
3.1.2 Consultant shall submit all requests for extensions of time for
performance in writing to the Project Administrator 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.
3.1.3 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the circumstances, by
telephone, fax, hand - delivery or mail.
4. COMPENSATION TO CONSULTANT
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 attached hereto as Exhibit B and incorporated herein by reference.
4.2 No rate changes shall be made during the term of this Agreement without
the prior written approval of the City. Consultant's compensation for Services
performed in accordance with this Agreement, including all reimbursable items and sub-
VCA Code Group Page 2
consultant fees, shall not exceed the fees identified in the Letter Proposal, as approved
by the Project Administrator. Total compensation paid to Consultant during the term of
this Agreement shall not exceed One Hundred Thousand Dollars and 00/100
($100,000.00) without written amendment to the Agreement.
4.2.1 Consultant shall submit monthly invoices to City describing the
work performed the preceding month. Consultant's bills shall include the name of the
person and/or classification of employee who performed the work, a brief description of
the Services performed and /or the specific task in the letter proposal 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 any reimbursable expenditures. City shall pay
Consultant no later than thirty (30) days after approval of the monthly invoice by City
staff.
4.2.2 City shall reimburse Consultant only for those costs or expenses
specifically approved in the Letter Proposal. Unless otherwise approved, such costs
shall be limited and include nothing more than the following costs incurred by
Consultant:
4.2.2.1 The actual costs of sub - consultants for performance
of any of the Services that Consultant agrees to render pursuant to this Agreement and
the Letter Proposal, which have been approved in advance by City and awarded in
accordance with this Agreement.
4.2.2.2 Approved reproduction charges.
4.2.2.3 Actual costs and /or other costs and /or payments
specifically authorized in advance in writing and incurred by Consultant in the
performance of this Agreement.
4.2.3 Consultant shall not receive any compensation for Extra Work
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 Letter Proposal and which the parties did not
reasonably anticipate would be necessary. Compensation for any authorized Extra
Work shall be paid in accordance with the Schedule of Billing Rates set forth in Exhibit
B.
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, Vice -
President 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
VCA Code Group Page 3
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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 Consultant is performing inspection Services for City, therefore the Project
Manager and any other assigned staff shall be equipped with a cellular phone to
communicate with City staff. Consultant's cellular phone number will be provided to
City.
6. ADMINISTRATION
This Agreement will be administered by the City's Community Development
Department. Seimone Jurlis, Building Manager, or his designee, shall be the Project
Administrator and shall have the authority to act for City under this Agreement. The
Project Administrator or an authorized representative shall represent City in all matters
pertaining to the Services to be rendered pursuant to this Agreement.
7. CITY'S RESPONSIBILITIES
7.1 In order to assist Consultant in the execution of its responsibilities under
this Agreement, City agrees to, where applicable:
7.1.1 Provide access to, and upon request of Consultant, one copy of all
existing relevant information on file at City. City will provide all such materials in a
timely manner so as not to cause delays in Consultant's work schedule.
7.1.2 Provide usable life of facilities criteria and information with regards
to new facilities or facilities to be rehabilitated.
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 community professional
standards. All Services shall be performed by qualified and experienced personnel who
are not employed by City, nor have any contractual relationship with City. By delivery of
completed work, Consultant certifies that the work conforms to the requirements of this
Agreement and all applicable federal, state and local laws and the professional standard
of care.
8.2 Consultant represents and warrants to City that it has or shall obtain all
licenses, permits, qualifications, insurance and approvals of whatsoever nature, that are
legally required of Consultant to practice its profession. Consultant further represents
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and warrants to City that Consultant shall, at its sole cost and expense, keep in effect or
obtain at all times during the term of this Agreement, any and all licenses, permits,
insurance and other approvals that are legally required of Consultant to practice its
profession. Consultant shall maintain a City of Newport Beach business license during
the term of this Agreement.
8.3 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, or 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 from or in any manner
relate (directly or indirectly) to the negligence, recklessness, or willful misconduct of the
Consultant or the acts or omissions of its principals, officers, agents, employees,
vendors, suppliers, consultants, subcontractors, anyone employed directly or indirectly
by any of them or for whose acts they may be liable or any or all of them.
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. 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
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the performance 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 work, activities performed and planned, and any meetings that have been scheduled
or are desired.
14. INSURANCE
14.1 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.
14.2 Proof 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. 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 contract. City reserves the right to require complete, certified
copies of all required insurance policies, at any time.
14.2.1 Consultant shall procure and maintain for the duration of the
contract insurance against claims for injuries to persons or damages to property, which
may arise from or in connection with the performance of the Work hereunder by
Consultant, his agents, representatives, employees or sub - consultants. The cost of
such insurance shall be included in Consultant's bid.
14.3 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
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latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk
Manager.
14.4 Coverage Requirements.
14.4.1 Workers' Compensation Coverage. Consultant shall maintain
Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance
(with limits of at least one million dollars ($1,000,000)) for Consultant's employees in
accordance with the laws of the State of California, Section 3700 of the Labor Code In
addition, Consultant shall require each subconsultant to similarly maintain Workers'
Compensation Insurance and Employer's Liability Insurance in accordance with the
laws of the State of California, Section 3700 for all of the sub - consultant's employees.
14.4.? Any notice of cancellation or non- renewal of all Workers'
Compensation policies must be received by City at least thirty (30) calendar days (ten
(10) calendar days written notice of non - payment of premium) prior to such change.
14.4.3 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.
14.5 General Liability Coverage. Consultant shall maintain commercial general
liability insurance in an amount not less than one million dollars ($1,000,000) per
occurrence for bodily injury, personal injury, and property damage, including without
limitation, blanket contractual liability.
14.6 Automobile Liability Coverage. Consultant shall maintain automobile
insurance 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 for each accident.
14.7 Professional Liability (Errors & Omissions) Coverage. 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) limit per claim and in the aggregate.
14.8 Other Insurance Provisions or Requirements. The policies are to contain,
or be endorsed to contain, the following provisions:
14.8.1 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 and insurance clauses from each of its sub - consultants.
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14.8.2 Enforcement of Contract 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.
14.8.3 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.
14.8.4 Notice of Cancellation. Consultant agrees to oblige its insurance
agent or broker and insurers to provide to 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.
14.8.5 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.
14.8.6 Additional 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.
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.
16. SUBCONTRACTING
The parties recognize that a substantial inducement to City for entering into this
Agreement is the professional reputation, experience and competence of Consultant.
Assignments of any or all rights, duties or obligations of the Consultant under this
Agreement will be permitted only with the express written consent of City. Consultant
shall not subcontract any portion of the work to be performed under this Agreement
without the written authorization of City.
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iFl1 11114ZYl�9
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 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
has given Consultant prior notice and has received from Consultant written consent for
such changes.
18. COMPUTER DELIVERABLES
All written documents shall be transmitted to City in formats compatible with Microsoft
Office and /or viewable with Adobe Acrobat. 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 City in ".dwg" file format on a CD, and should comply with the City's
digital submission requirements for Improvement Plans. The City will provide AutoCAD
file of City Title Sheets.
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 authorizes the release of information.
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20. INTELLECTUAL PROPERTY INDEMNITY
The Consultant shall defend and indemnify City, its agents, officers, representatives and
employees against liability, including costs, for infringement of any United States' letters
patent, trademark, or copyright infringement, including costs, contained in Consultant's
drawings and specifications provided under this Agreement.
21. RECORDS
Consultant shall keep records and invoices in connection with the work 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 to this
Agreement. All such records shall be clearly identifiable. Consultant shall allow a
representative of City to examine, audit and make transcripts or copies of such records
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 under this Agreement.
P*�Tt! /kL'I.L0I11110tCR
City may withhold payment 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 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.
23. 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 paragraph is intended to limit City's rights under
any other sections of this Agreement.
24. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the Project.
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25. CONFLICTS OF INTEREST
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.
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 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.
26. NOTICES
26.1 All notices, demands, requests or approvals 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:
Seimone Jurjis, Building Manager
Community Development Department
City of Newport Beach
PO Box 1768
3300 Newport Boulevard
Newport Beach, CA 92658 -8915
Phone: (949) 644 -3282
Fax: (949) 644 -3250
26.2 All notices, demands, requests or approvals from City to Consultant shall
be addressed to Consultant at:
Charles Russell, CBO
VCA Code Group
2200 West Orangewood Avenue, Ste. 155
Orange, CA 92868
Phone: (714) 363 -4700
Fax: (714) 363 -4747
27, TERMINATION
27.1 In the event that either party 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
VCA Code Group Page 11
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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, the non - defaulting party may terminate the Agreement forthwith by giving
to the defaulting party written notice thereof.
27.2 Notwithstanding the above provision, City shall have the right, at its sole
discretion and without cause, of terminating this Agreement at any time by giving 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 and other information developed or accumulated in the performance of this
Agreement, whether in draft or final form.
28. CLAIMS
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 et seq.).
29. STANDARD PROVISIONS
29.1 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, regulations and permit requirements and be subject to
approval of the Project Administrator and City.
29.2 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.
29.3 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.
29.4 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.
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29.5 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.
29.6 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.
29.7 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.
29.8 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.
29.9 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 or age.
29.10 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.
29.11 Counterparts. This Agreement may be executed in two or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one and the same instrument.
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IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed on the dates written below.
APPROVED AS TO FORM:
OFFICE O 'CITY ATTORNEY
Date: ll
By:
Leonia Mulvihill Vat
Assistant City Attorney w1 i�_
ATTEST: p 3) J
Date: 0
By: Aid
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
A California municipal corporation
Date: /I
By:
Dana Smith
Assistant City Manager.
CONSULTANT: VCA CODE GROUP, a
California corporation
Date:
By: 4114"
Tom V or e
President
Date: & —2 ;F — //
Robert Chou
Vice President/Treasurer
ATTACHMENTS: EXHIBIT A - SCOPE OF SERVICES
EXHIBIT B- SCHEDULE OF BILLING RATES
VCA Code Group Page 14
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EXHIBIT A
SCOPE OF SERVICES
BUILDING PLAN REVIEW SERVICES
1. VCA Code Group 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. VCA Code Group 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. VCA Code Group 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. VCA Code Group 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. VCA Code Group 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. VCA Code Group shall attend meetings as requested.
7. VCA Code Group 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.
150
8. VCA Code Group shall review water quality management plans for compliance with
regional model WQMP and verify that grading plans incorporate WQMP
recommendations.
9. VCA Code Group shall review Erosion Control Plans to verify erosion and sedimentation
measures comply with the Best Management Practices listed in the Storm Water
Pollution Prevention Plans in compliance with NPDES and WQMP requirements.
10. VCA Code Group 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 VCA Code
Group 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 VCA Code Group on a bi- weekly basis.
11. VCA Code Group 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. VCA Code Group 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
VCA Code Group 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
151
SCOPE OF SERVICES: BUILDING INSPECTION SERVICES
L VCA Code Group 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. VCA Code Group shall maintain all inspection records for all assigned projects, including
correction notices and all documentation related to project inspections.
3. VCA Code Group shall coordinate all inspection and re- inspection requests as assigned.
4. VCA Code Group shall coordinate with the Chief Building Inspector, as appropriate, on
discretionary decisions or requests for alternate materials.
5. VCA Code Group shall coordinate with the Chief Building Inspector on all Certificate of
Occupancy to ensure that all applicable City regulatory agencies have approved the
project.
& VCA Code Group may be asked to report on -site at Newport Beach City Hall at the
discretion of the City. In these situations VCA Code Group 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 VCA Code Group on a bi- weekly basis.
7. VCA Code Group 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. VCA Code Group 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.
152
EXHIBIT
FEE SCHEDULE
Full Plan Check — Beginning with initial plan check tn final approval.
Percentage Vf Fees Collected ...... . ..................... ........................... ...................................... SO%
Hourly Rate (if nu fees are collected) ................................ ................................... ...^$7S.U0
Partial Plan Check
Percentage uf Fees Collected ................
Hourly Rate (if no fees are collected) ...
Client Consultation ot City Hall
~..~.~°.°.^.,....~~~.SU%
~.~.---.~..~~.47S.00
~.. $75.00
Mileage Reimbursement ........ ................... ....... ,.°^~°-°_-....°.~^°°~^,.-.~.°~.~$D.51/n1ile
Building Official
HourlyRate ...... --- ............................................................................. ............................ t135.O8
Building Inspector
HourlyRate .................. ..............................................
Permit Counter Technician
$4S.00
~._.$33.0U
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McDonald, Cristal
i?S i�� =. 1i�4d J�
From: City Clerk's Office H EU E I `/ L U (�
Sent: Tuesday, July 24, 2012 8:50 PM.
To: McDonald, Cristal 9ppIIqq� ff''FF11 gggg�� 7 S
Subject: FW: Correction to Written Comment e'ri'COlY7 Age& Iter 711
OEt!Cr U.
HE CITY CLERIC
------------ ----- -------------------- - - - - -- CITY U. ,.:. �(1RT RE CH
From: Jim Mosher [SMTP:JIMMOSHEROYAHOO.COM]
Sent: Tuesday, July 24, 2012 8:49:35 PM
To: Dept - City Council
Cc: City Clerk's Office; Kiff, Dave; Brandt, Kim
Subject: Correction to written Comment on Council Agenda Item 11
Auto forwarded by a Rule
Friends,
Since I do not want to be a source of misinformation, I need to correct the written comment I
submitted earlier today regarding July 24 Agenda Item 11 (Building Inspection outsourcing
contract).
Kimberly Brandt graciously explained to me after the meeting that I had misread the payment
schedule in the Scope of Services. The payment made for building plan checking is 50% of the
City's plan check fee *OR* $75 /hour -- NOT 50% *PLUS* $75 /hour (which considerably affects
the economics).
Also, although the contract provides an opportunity for outsourcing both *building plan
checking *, as I should have understood from the staff it has been used to date only to hire a
*building inspector* and my calculation was not relevant to that.
Again, I apologize for any confusion my comment may have created.
Yours sincerely,
Jim Mosher