HomeMy WebLinkAbout2006-09-06 STAFF REPORTS 2J OF ?ALM SA
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CitZ Council Staff Report
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SEPTEMBER 6,2006 CONSENT CALENDAR
Subject: APPROVAL OF CONTRACT SERVICES AGREEMENT WITH
ENGINEERING RESOURCES OF SOUTHERN CALIFORNIA, INC.
FOR ENGINEERING PLAN CHECK SERVICES
From: David H Ready, City Manager
Initiated by: Public Works and Engineering Department
SUMMARY
The Engineering Division relies on the services of professional consulting firms to provide
plan check services for street, sewer, grading, traffic signal and other improvement plans,
subdivision maps and engineering reports. The current agreements expire September 18,
2006. Approval of this item will authorize a new Contract Services Agreement for plan
check services with Engineering Resources of Southern California, Incorporated with an
initial term of three years with two one-year extensions upon approval of the City Engineer
with a maximum term of five years.
RECOMMENDATION-
1) Adopt Minute Order No. "APPROVING AGREEMENT NO. WITH
ENGINEERING RESOURCES OF SOUTHERN CALIFORNIA, INC. FOR
ENGINEERING PLAN CHECK SERVICES FOR AN INITIAL TERM OF THREE
YEARS WITH TWO, ONE-YEAR EXTENSIONS, UPON APPROVAL OF THE CITY
ENGINEER, FOR A MAXIMUM TERM OF FIVE YEARS."
2) Authorize the City Manager to execute all necessary documents.
STAFF ANALYSIS:
Over the past four years the Engineering Division has utilized the services of Fomotor
Engineering and Engineering Resources of Southern California, Inc. to provide the City
with engineering plan check services. The term of those agreements and the extensions
authorized by the City Council in 2002, expire September 18, 2006- Therefore staff
released a Request For Proposals for a new contract services agreement for plan check
ITEM NO. 2 ^T&
City Council Staff Report
September 6, 2006 - Page 2
Contract Services Agreement for Plan Check
on May 19,2006. The deadline for receipt of proposals was 2 p.m., June 30, 2006. Four
proposals were received as follows:
1) Harris and Associates
2) P & D Consultants
3) Esi Shahandeh and Kelleher Mapping
4) Engineering Resources of Southern California
A panel consisting of engineering staff reviewed the proposals submitted. The top two
firms from this review of the proposals were Harris and Associates and Engineering
Resources of Southern California and they were invited to an oral interview held on July
28, 2006. The interview panel unanimously rated Engineering Resources highest and
recommended the City contract with them for plan check services under the new
agreement.
Currently, when plans, maps or reports are submitted to staff for review, fees are paid in
accordance with the Council approved comprehensive fee schedule. The current Contract
• Service Agreements for plan checking provide that the City would pay fixed lump sum fees
per sheet of plans or maps to a consulting firm. Those fees were approximately 85 to 90%
of the fees the City was collecting. Under the terms of the approved fee schedule, City
fees have risen in accordance with the Consumer Price Index each year.
The proposal from Engineering Resources of Southern California indicated no increase in
their fees, to the City, were being proposed. Staff discussions with Matt Brudin, President,
confirmed that they are not asking for any lump sum fee increases for the life of this
proposed contract. Therefore staff will be recommending that City fees in these categories
for engineering plan checking not rise, providing this contract remains in effect for the next
three to five years. The only exception to this is that engineering reports which are charged
on an hourly basis. Engineering Resources has submitted a schedule of hourly rates
proposed through June 30, 2007. The proposed Contract Services Agreement allows for
an increase in those hourly billing rates every July 1 through the life of the contract by an
amount equal to the Consumer Price Index increase.
Because the current Contract Agreement expires on September 18, and no fee
adjustments are being proposed, staff recommends that the new Contract Services
Agreement be retroactive back to July 1, 2006, such that the time of the engineering plan
check Contract Services Agreement coincides with the City's fiscal year. The amount paid
under the proposed agreement is wholely dependent on the amount of plan checking
submitted to the City. It is therefor impossible to determine at this time how much that will
be in any fiscal year. Staff therefore recommends that the Council approval include the fee
basis as included in the agreement, however, no assumption of the total fee paid can be
�
City Council Staff Report
September 6, 2006 - Page 3
i Contract Services Agreement for Plan Check
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' made.
FISCAL IMPACT:
Finance Director Review:
' Current fees paid by developers to the City under the comprehensive fee schedule exceed
fees proposed to be paid under this Contract Services Agreement. Depending upon the
type of document being checked,the City would take in $1.35 to$1.40 for every$1.00 paid
out under terms of the proposed agreement. Payments are made from contractual plan
check account number 001-4171-43270.
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David J. Barakian Thomas J. Wil�tin
Director of Public Works/City Engineer Assistant Cityanager-Development Services
David H. Ready
City Manager e/
Attachments:
1. Agreement
' 2. Minute Order
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MINUTE ORDER NO.
APPROVAL OF CONTRACT SERVICES
AGREEMENT NO. WITH
ENGINEERING RESOURCES OF
SOUTHERN CALIFORNIA, INC. FOR
ENGINEERING PLAN CHECK
SERVICES
I, James Thompson, City Clerk of the City of Palm Springs, hereby certify that this Minute Order
approving Contract Services Agreement No with Engineering Resources of Southern
California for engineering plan check services, was adopted by the City Council of the City of Palm
Springs, California, in a meeting thereof held on the 6" day of September, 2006
James Thompson, City Clerk
CITY OF PALM SPRINGS
CONTRACT SERVICES AGREEMENT FOR
CIVIL ENGINEERING PLAN CHECK SERVICES
THIS CONTRACT SERVICES AGREEMENT (herein "Agreement"), is made and
entered into this day of 2006, by and between the CITY OF PALM
SPRINGS, a municipal corporation, (herein "City")and ENGINEERING RESOURCES OF
SOUTHERN CALIFORNIA, INC., (herein "Contractor"). (The term Contractor includes
professionals performing in a consulting capacity.) The parties hereto agree as follows:
1.0 SERVICES OF CONTRACTOR
1.1 Scope of Services. In compliance with all terms and conditions of this
,Agreement, the Contractor shall provide those services specified in the"Scope of Services"
attached hereto as Exhibit "A" and incorporated herein by this reference, which services
may be referred to herein as the"services"or"work" hereunder. As a material inducement
to the City entering into this Agreement, Contractor represents and warrants that
Contractor is a provider of first class work and services and Contractor is experienced in
performing the work and services contemplated herein and, in light of such status and
experience, Contractor covenants that it shall follow the highest professional standards in
performing the work and services required hereunder and that all materials will be of good
quality, fit for the purpose intended. For purposes of this Agreement, the phrase "highest
professional standards" shall mean those standards of practice recognized by one or more
first-class firms performing similar work under similar circumstances.
1.2 Contractor's Proposal. The Scope of Service shall include the
Contractor's proposal or bid which shall be incorporated herein bythis reference as though
fully set forth herein. In the event of any inconsistency between the terms of such proposal
and this Agreement, the terms of this Agreement shall govern.
1.3 Compliance with Law. All services rendered hereunder shall be
provided in accordance with all ordinances, resolutions, statutes, rules, and regulations of
the City and any Federal, State or local governmental agency having jurisdiction in effect at
the time service is rendered.
1.4 Licenses Permits Fees and Assessments. Contractor shall obtain at
its sole cost and expense such licenses, permits and approvals as may be required by law
for the performance of the services required by this Agreement. Contractor shall have the
sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and
interest, which may be imposed by law and arise from or are necessary for the Contractor's
performance of the services required by this Agreement, and shall indemnify, defend and
hold harmless City against any such fees, assessments, taxes penalties or interest levied,
assessed or imposed against City hereunder.
1.5 Familiarity with Work. By executing this Contract, Contractor warrants
that Contractor(a) has thoroughly investigated and considered the scope of services to be
performed, (b) has carefully considered how the services should be performed, and (c)fully
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understands the facilities, difficulties and restrictions attending performance of the services
under this Agreement. If the services involve work upon any site, Contractor warrants that
Contractor has or will investigate the site and is or will be fully acquainted with the
conditions there existing, prior to commencement of services hereunder. Should the
Contractor discover any latent or unknown conditions, which will materially affect the
performance of the services hereunder, Contractor shall immediately inform the City of
such fact and shall not proceed except at Contractor's risk until written instructions are
received from the Contract Officer.
1.6 Care of Work. The Contractor shall adopt reasonable methods during
the life of the Agreement to furnish continuous protection to the work, and the equipment,
materials, papers, documents, plans, studies and/or other components thereof to prevent
losses or damages, and shall be responsible for all such damages, to persons or property,
until acceptance of the work by City, except such losses or damages as may be caused by
City's own negligence.
1.7 Further Responsibilities of Parties. Both parties agree to use
reasonable care and diligence to perform their respective obligations under this
Agreement. Both parties agree to act in good faith to execute all instruments, prepare all
documents and take all actions as may be reasonably necessary to carry out the purposes
of this Agreement. Unless hereafter specified, neither party shall be responsible for the
service of the other.
1.8 Additional Services. Deleted.
1.9 Special Requirements. Additional terms and conditions of this
Agreement, if any, which are made a part hereof are set forth in the "Special
Requirements" attached hereto as Exhibit"B"and incorporated herein by this reference. In
the event of a conflict between the provisions of Exhibit"B" and any other provisions of this
Agreement, the provisions of Exhibit "B" shall govern.
2.0 COMPENSATION
2.1 Contract Sum. For the services rendered pursuant to this Agreement,
the Contractor shall be compensated in accordance with the"Schedule of Compensation"
attached hereto as Exhibit "C" and incorporated herein by this reference.
22 Method of Payment. Unless some other method of payment is
specified in the Schedule of Compensation, in any month in which Contractor wishes to
receive payment, no later than the first (1 st) working day of such month, Contractor shall
submit to the City in the form approved by the City's Director of Finance, an invoice for
services rendered prior to the date of the invoice. Except as provided in Section 7.3, City
shall pay Contractor for all expenses stated thereon which are approved by City pursuant
to this Agreement no later than the last working day of the month.
3.0 PERFORMANCE SCHEDULE,
3.1 Time of Essence. Time is of the essence in the performance of this
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Agreement.
3.2 Schedule of Performance. Contractor shall commence the services
pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all
services within the time period(s) established in the "Schedule of Performance" attached
hereto as Exhibit "D", if any, and incorporated herein by this reference. When requested
by the Contractor, extensions to the time period(s) specified in the Schedule of
Performance may be approved in writing by the Contract Officer.
3.3 Force Maleure. The time period(s) specified in the Schedule of
Performance for performance of the services rendered pursuant to this Agreement shall be
extended because of any delays due to unforeseeable causes beyond the control and
without the fault or negligence of the Contractor, including, but not restricted to, acts of God
or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics,
quarantine restrictions, riots, strikes,freight embargoes, wars, litigation, and/or acts of any
governmental agency, including the City, if the Contractor shall within ten (10) days of the
commencement of such delay notify the Contract Officer in writing of the causes of the
delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend
the time for performing the services for the period of the enforced delay when and if in the
judgment of the Contract Officer such delay is justified. The Contract Officer's
determination shall be final and conclusive upon the parties to this Agreement. In no event
shall Contractor be entitled to recover damages against the City for any delay in the
performance of this Agreement, however caused, Contractor's sale remedy being
extension of the Agreement pursuant to this Section-
3-4 Term. The term of this Agreement shall be retroactive, and commence
on July 1, 2006. Unless earlier terminated in accordance with Section 7.8 of this
Agreement, this Agreement shall continue in full force and effect for three (3) years, until
July 1, 2009. At the sole discretion of the Director of Public Works/City Engineer, upon
written notice to the Contractor and the City Clerk, the term of this Agreement may be
extended for two (2) additional one (1) year terms. Said notice shall be delivered prior to
July 1, 2009, for the initial one (1)year extension (if granted); and prior to July 1, 2010, for
the final one (1) year extension (if granted). In no event shall the term of this Agreement
extend beyond July 1, 2011.
4.0 COORDINATION OF WORK
4.1 Representative,of Contractor. The following principals of Contractor
are hereby designated as being the principals and representatives of Contractor authorized
to act in its behalf with respect to the work specified herein and make all decisions in
connection therewith:
Matt Brudin, P.E.
It is expressly understood that the experience, knowledge, capability and reputation
of the foregoing principals were a substantial inducement for City to enter into this
Agreement. Therefore,the foregoing principals shall be responsible during the term of this
Agreement for directing all activities of Contractor and devoting sufficient time to personally
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supervise the services hereunder. For purposes of this Agreement, the foregoing
principals may not be replaced nor may their responsibilities be substantially reduced by
Contractor without the express written approval of City.
42 Contract Officer. The Contract Officer shall be such person as may be
designated by the City Manager of City. It shall be the Contractor's responsibility to assure
that the Contract Officer is kept informed of the progress of the performance of the
services and the Contractor shall refer any decisions which must be made by City to the
Contract Officer. Unless otherwise specified herein, any approval of City required
hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have
authority to sign all documents on behalf of the City required hereunder to carry out the
terms of this Agreement.
4.3 Prohibition Against Subcontracting or Assignment. The experience,
knowledge, capability and reputation of Contractor, its principals and employees were a
substantial inducement for the City to enter into this Agreement. Therefore, Contractor
shall not contract with any other entity to perform in whole or in part the services required
hereunder without the express written approval of the City. In addition, neither this
Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated
or encumbered voluntarily or by operation of law, whether for the benefit of creditors or
otherwise, without the prior written approval of City. Transfers restricted hereunder shall
include the transfer to any person or group of persons acting in concert of more than
twenty five percent(25%) of the present ownership and/or control of Contractor, taking all
transfers into account on a cumulative basis. In the event of any such unapproved
transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved
transfer shall release the Contractor or any surety of Contractor of any liability hereunder
without the express consent of City.
The City's policy is to encourage the awarding of subcontracts to persons or entities
with offices located within the jurisdictional boundaries of the City of Palm Springs and, if
none are available, to persons or entities with offices located in the Coachella Valley
("Local Subcontractors"). Contractor hereby agrees to use good faith efforts to award
subcontracts to Local Subcontractors, if Local Subcontractors are qualified to perform the
work required. In requesting for the City to consent to a subcontract with a person or entity
that is not a Local Subcontractor,the Contractor shall submit evidence to the City that such
good faith efforts have been made or that no Local Subcontractors are qualified to perform
the work. Said good faith efforts may be evidenced by placing advertisements inviting
proposals or by sending requests for proposals to selected Local Subcontractors. The City
may consider Contractor's efforts in determining whether it will consent to a particular
subcontractor. Contractor shall keep evidence of such good faith efforts and copies of all
contracts and subcontracts hereunder for the period specified in Section 6.2.
4.4 Independent Contractor. Neither the City nor any of its employees
shall have any control over the manner, mode or means by which Contractor, its agents or
employees, perform the services required herein, except as otherwise set forth herein. City
shall have no voice in the selection, discharge, supervision or control of Contractor's
employees, servants, representatives or agents, or in fixing their number, compensation or
hours of service. Contractor shall perform all services required herein as an independent
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' contractor of City and shall remain at all times as to City a wholly independent contractor
with only such obligations as are consistent with that role. Contractor shall not at any time
or in any manner represent that it or any of its agents or employees are agents or
employees of City. City shall not in any way or for any purpose become or be deemed to
be a partner of Contractor in its business or otherwise or a joint venturer or a member of
any joint enterprise with Contractor.
5.0 INSURANCE, INDEMNIFICATION AND BONDS
5.1 Insurance. The Contractor shall procure and maintain, at its sole
• cost and expense, in a form and content satisfactory to City, during the entire term of this
i Agreement including any extension thereof, the following policies of insurance:
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(a) Commercial General liability Insurance. A policy of commercial
general liability insurance written on a per occurrence basis with a combined single
limit of a least $1,000,000 bodily injury and property damage including coverages
for contractual liability, personal injury, independent contractors, broad form
property damage, products and completed operations. The Commercial General
Liability Policy shall name the City of Palm Springs, its officers, employees and
agents as additional insured. An additional Insured endorsement is required as
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evidence of such coverage.
(b) Worker's Compensation Insurance. A policy of worker's
compensation insurance in an amount which fully complies with the statutory
requirements of the State of California and which includes $1,000,000 employer's
liability.
(c) Business Automobile Insurance. A policy of business
automobile liability insurance written on a per occurrence basis with a single limit
liability in the amount of$1,000,000 bodily injury and property damage, Said policy
shall include coverage for owned, non-owned, leased and hired cars.
(d) Additional Insurance. Additional limits and coverages, which may
include professional liability insurance, will be specified in Exhibit "B
All of the above policies of insurance shall be primary insurance. (Reference Section
5.4 regarding sufficiency.) With regard to Worker's Compensation Insurance, the insurer
shall waive all rights of subrogation and contribution it may have against the City, its
officers, employees and agents, and their respective insurers. In the event any of said
policies of insurance are canceled, the Contractor shall, prior to the cancellation date,
submit new evidence of insurance in conformance with this Section 5.1 to the Contract
Officer. No work or services under this Agreement shall commence until the Contractor
has provided the City with Certificates of Insurance, endorsements or appropriate
insurance binders evidencing the above insurance coverages and said Certificates of
Insurance, endorsements, or binders are approved by the City.
The contractor agrees that the provisions of this Section 5.1 shall not be construed
as limiting in any way the extent to which the Contractor may be held responsible for the
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payment of damages to any persons or property resulting from the Contractor's activities or
the activities of any person or person for which the Contractor is otherwise responsible.
In the event the Contractor subcontracts any portion of the work in compliance with
Section 4.3 of this Agreement the contract between the Contractor and such subcontractor
shall require the subcontractor to maintain the same polices of insurance that the
Contractor is required to maintain pursuant to this Section.
5.2 Indemnification. Contractor agrees to indemnify the City, its officers,
agents and employees against, and will hold and save them and each of them harmless
from, any and all actions, suits, claims, damages to persons or property, losses, costs,
penalties, obligations, errors, omissions or liabilities, (herein "claims or liabilities")that may
be asserted or claimed by any person, firm or entity arising out of or in connection with the
negligent performance of the work, operations or activities of Contractor, its agents,
employees, subcontractors, or invitees, provided for herein, or arising from the negligent
acts or omissions of Contractor hereunder, or arising from Contractor's negligent
performance of or failure to perform any term, provision, covenant or condition of this
Agreement, but excluding such claims or liabilities arising from the sole negligence or willful
misconduct of the City, its officers, agents or employees, who are directly responsible to
the City, and in connection therewith:
(a) Contractor will defend any action or actions filed in connection
with any of said claims or liabilities and will pay all costs and expenses, including legal
costs and attorneys' fees incurred in connection therewith;
(b) Contractorwill promptly pay anyjudgment rendered against the
City, its officers, agents or employees for any such claims or liabilities arising out of or in
connection with the negligent performance of or failure to perform such work, operations or
activities of Contractor hereunder; and Contractor agrees to save and hold the City, its
officers, agents, and employees harmless therefrom;
(c) In the event the City, its officers, agents or employees is made a
party to any action or proceeding filed or prosecuted against Contractor for such damages
or other claims arising out of or in connection with the negligent performance of or failure to
perform the work, operation or activities of Contractor hereunder, Contractor agrees to pay
to the City, its officers, agents or employees, any and all costs and expenses incurred by
the City, its officers, agents or employees in such action or proceeding, including but not
limited to, legal costs and attorneys' fees.
5.3 Performance Bond. Concurrently with execution of this Agreement,
Contractor shall deliver to City a performance bond in the sum of the amount of this
Agreement, in the form provided by the City Clerk, which secures the faithful performance
of this Agreement, unless such requirement is waived by the Contract Officer. The bond
shall contain the original notarized signature of an authorized officer of the surety and
affixed thereto shall be a certified and current copy of his power of attorney. The bond
shall be unconditional and remain in force during the entire term of the Agreement and
shall be null and void only if the Contractor promptly and faithfully performs all terms and
conditions of this Agreement.
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5.4 Sufficiency of Insurer or Surety. Insurance or bonds required by this
Agreement shall be satisfactory only if issued by companies qualified to do business in
California, rated "B++;7" or better in the most recent edition of Best Rating Guide,The Key
Rating Guide or in the Federal Register, unless such requirements are waived by the City
Manager or designee of the City ("City Manager") due to unique circumstances. In the
event the City Manager determines that the work or services to be performed under this
Agreement creates an increased or decreased risk of loss to the City, the Contractor
agrees that the minimum limits of the insurance policies and the performance bond
' required by this Section 5 may be changed accordingly upon receipt of written notice from
the City Manager or designee; provided that the Contractor shall have the right to appeal a
determination of increased coverage by the City Manager to the City Council of City within
' ten (10) days of receipt of notice from the City Manager.
6.0 REPORTS AND RECORDS
6.1 Reports. Contractor shall periodically prepare and submit to the
Contract Officer such reports concerning the performance of the services required by this
Agreement as the Contract Officer shall require. Contractor hereby acknowledges that the
City is greatly concerned about the cost of work and services to be performed pursuant to
this Agreement. For this reason, Contractor agrees that if Contractor becomes aware of
any facts, circumstances, techniques, or events that may or will materially increase or
decrease the cost of the work or services contemplated herein or, if Contractor is providing
design services, the cost of the project being designed, Contractor shall promptly notify the
Contract Officer of said fact, circumstance,technique or event and the estimated increased
or decreased cost related thereto and, if Contractor is providing design services, the
estimated increased or decreased cost estimate for the project being designed.
6.2 Records. Contractor shall keep, and require subcontractors to keep,
such books and records as shall be necessary to perform the services required by this
Agreement and enable the Contract Officer to evaluate the performance of such services.
The Contract Officer shall have full and free access to such books and records at all times
during normal business hours of City, including the right to inspect, copy, audit and make
records and transcripts from such records. Such records shall be maintained for a period
of three (3) years following completion of the services hereunder, and the City shall have
access to such records in the event any audit is required_
6.3 Ownership of Documents. All drawings, specifications, reports,
records, documents and other materials prepared by Contractor, its employees,
subcontractors and agents in the performance of this Agreement shall be the property of
City and shall be delivered to City upon request of the Contract Officer or upon the
termination of this Agreement, and Contractor shall have no claim forfurther employment
or additional compensation as a result of the exercise by City of its full rights of ownership
of the documents and materials hereunder. Any use of such completed documents for
other projects and/or use of uncompleted documents without specific written authorization
by the Contractor will be at the City's sole risk and without liability to Contractor, and the
City shall indemnify the Contractor for all damages resulting therefrom. Contractor may
retain copies of such documents for its own use. Contractor shall have an unrestricted
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right to use the concepts embodied therein. All subcontractors shall provide for
assignment to City of any documents or materials prepared by them, and in the event
Contractorfails to secure such assignment, Contractorshall indemnify City for all damages
resulting therefrom.
6.4 Release of Documents. The drawings, specifications, reports, records,
documents and other materials prepared by Contractor in the performance of services
under this Agreement shall not be released publicly without the priorwritten approval of the
Contract Officer.
7.0 ENFORCEMENT OF AGREEMENT
7.1 California Law. This Agreement shall be construed and interpreted
both as to validity and to performance of the parties in accordance with the laws of the
State of California. Legal actions concerning any dispute, claim or matter arising out of or
in relation to this Agreement shall be instituted in the Superior Court of the County of
Riverside, State of California, or any other appropriate court in such county, and Contractor
covenants and agrees to submit to the personal jurisdiction of such court in the event of
such action.
7.2 Disputes. In the event of any dispute arising under this Agreement,
the injured party shall notify the injuring party in writing of its contentions by submitting a
claim therefor. The injured party shall continue performing its obligations hereunder so
long as the injuring party commences to cure such default within ten (10)days of service of
such notice and completes the cure of such default within forty-five (45) days after service
of the notice, or such longer period as may be permitted by the injured party; provided that
if the default is an immediate danger to the health, safety and general welfare, such
immediate action may be necessary. Compliance with the provisions of this Section shall
be a condition precedent to termination of this Agreement for cause and to any legal
action, and such compliance shall not be a waiver of any party's right to take legal action in
the event that the dispute is not cured, provided that nothing herein shall limit City's or the
Contractor's right to terminate this Agreement without cause pursuant to Section 7.8.
7.3 Retention of Funds. Contractor hereby authorizes City to deduct from
any amount payable to Contractor (whether or not arising out of this Agreement) (i) any
amounts the payment of which may be in dispute hereunder or which are necessary to
compensate City for any losses, costs, liabilities, or damages suffered by City, and (ii) all
amounts for which City may be liable to third parties, by reason of Contractor's acts or
omissions in performing orfailing to perform Contractor's obligation under this Agreement.
In the event that any claim is made by a third party, the amount or validity of which is
disputed by Contractor, or any indebtedness shall exist which shall appear to be the basis
for a claim of lien, City may withhold from any payment due, without liability for interest
because of such withholding, an amount sufficient to cover such claim. The failure of City
to exercise such right to deduct or to withhold shall not, however, affect the obligations of
the Contractor to insure, indemnify, and protect City as elsewhere provided herein.
7.4 Waiver. No delay or omission in the exercise of any right or remedy by
a nondefaulting party on any default shall impair such right or remedy or be construed as a
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waiver. A party's consent to or approval of any act by the other party requiring the party's
consent or approval shall not be deemed to waive or render unnecessary the other party's
consent to or approval of any subsequent act. Any waiver by either party of any default
must be in writing and shall not be a waiver of any other default concerning the same or
any other provision of this Agreement.
7.5 Rights and Remedies are Cumulative. Except with respect to rights
and remedies expressly declared to be exclusive in this Agreement, the rights and
remedies of the parties are cumulative and the exercise by either party of one or more of
such rights or remedies shall not preclude the exercise by it, at the same or different times,
of any other rights or remedies for the same default or any other default by the other party.
7.6 Legal Action. In addition to any other rights or remedies, either party
may take legal action, in law or in equity, to cure, correct or remedy any default, to recover
damages for any default, to compel specific performance of this Agreement, to obtain
declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes
of this Agreement.
7.7 Liquidated Damages. Since the determination of actual damages for
any delay in performance of this Agreement would be extremely difficult or impractical to
determine in the event of a breach of this Agreement, the Contractor and its sureties shall
be liable for and shall pay to the City the sum of (See Exhibit "B") ($See Exhibit "B") as
Hquidated damages for each working day of delay in the performance of any service
required hereunder, as specified in the Schedule of Performance (Exhibit "D"). The City
maywithhold from any monies payable on account of services performed bythe Contractor
any accrued liquidated damages.
7.8 Termination Prior to Expiration Of Term. This Section shall govern any
termination of this Agreement except as specifically provided in the following Section for
termination for cause. The City reserves the right to terminate this Agreement at anytime,
with or without cause, upon thirty(30)days'written notice to Contractor, except that where
termination is due to the fault of the Contractor, the period of notice may be such shorter
time as may be determined by the Contract Officer. In addition, the Contractor reserves
the right to terminate this Agreement at any time upon, with or without cause, upon sixty
(60)days'written notice to City, except that where termination is due to the fault of the City,
the period of notice may be such shorter time as the Contractor may determine. Upon
receipt of any notice of termination, Contractor shall immediately cease all services
hereunder except such as may be specifically approved by the Contract Officer. Except
where the Contractor has initiated termination, the Contractor shall be entitled to
compensation for all services rendered prior to the effective date of the notice of
termination and for any services authorized by the Contract Officer thereafter in
accordance with the Schedule of Compensation or such as may be approved by the
Contract Officer, except as provided in Section 7.3. In the event the Contractor has
initiated termination, the Contractor shall be entitled to compensation only for the
reasonable value of the work product actually produced hereunder. In the event of
termination without cause pursuant to this Section, the terminating party need not provide
the non-terminating party with the opportunity to cure pursuant to Section 7.2.
Page 9 of 22
7.9 Termination for Default of Contractor. If termination is due to the
failure of the Contractor to fulfill its obligations under this Agreement, City may, after
compliance with the provisions of Section 7.2, take overthe work and prosecute the same
to completion by contract or otherwise, and the Contractor shall be liable to the extent that
the total cost for completion of the services required hereunder exceeds the compensation
herein stipulated (provided that the City shall use reasonable efforts to mitigate such
damages), and City may withhold any payments to the Contractor for the purpose of set-off
or partial payment of the amounts owed the City as previously stated.
7.10 Attorneys' Fees. If either party to this Agreement is required to initiate
or defend or made a party to any action or proceeding in any way connected with this
Agreement, the prevailing party in such action or proceeding, in addition to any other relief
which may be granted,whether legal or equitable, shall be entitled to reasonable attorney's
fees. Attorney's fees shall include attorney's fees on any appeal, and in addition a party
entitled to attorney's fees shall be entitled to all other reasonable costs for investigating
such action, taking depositions and discovery and all other necessary costs the court
allows which are incurred in such litigation. All such fees shall be deemed to have accrued
on commencement of such action and shall be enforceable whether or not such action is
prosecuted to judgment.
8.0 CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
• 8.1 Non-liability of City Officers and Employees. No officer or employee of
the City shall be personally liable to the Contractor, or any successor in interest, in the
event of any default or breach by the City orfor any amount which may become due to the
Contractor or to its successor, or for breach of any obligation of the terms of this
• Agreement.
8.2 Conflict of Interest. No officer or employee of the City shall have any
financial interest, direct or indirect, in this Agreement nor shall any such officeror employee
participate in any decision relating to the Agreement which effects his financial interest or
the financial interest of any corporation, partnership or association in which he is, directly or
indirectly, interested, in violation of any State statute or regulation. The Contractor
warrants that it has not paid or given and will not pay or give any third party any money or
other consideration for obtaining this Agreement.
8.3 Covenant Against Discrimination. Contractor covenants that, by and
for itself, its heirs, executors, assigns, and all persons claiming under or through them,that
there shall be no discrimination against or segregation of, any person or group of persons
on account of race, color, creed, religion, sex, marital status, national origin, or ancestry in
the performance of this Agreement. Contractor shall take affirmative action to insure that
applicants are employed and that employees are treated during employment without regard
to their race, color, creed, religion, sex, marital status, national origin, or ancestry.
9.0 MISCELLANEOUS PROVISIONS
9.1 Notice. Any notice, demand, request, document, consent, approval, or
communication either party desires or is required to give to the other party or any other
Paga 10 of 22
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I
person shall be in writing and either served personally or sent by prepaid,first-class mail, in
the case of the City, to the City Manager and to the attention of the Contract Officer, CITY
OF PALM SPRINGS, P.O. Box 2743, Palm Springs, California 92263, and in the case of
the Contractor, to the person at the address designated on the execution page of this
Agreement. Either party may change its address by notifying the other party of the change
of address in writing. Notice shall be deemed communicated at the time personally
delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this
Section.
9.2 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 this Agreement or any other rule of
construction which might otherwise apply_
i
9.3 Integration: Amendment. It is understood that there are no oral
agreements between the parties hereto affecting this Agreement and this Agreement
supersedes and cancels any and all previous negotiations, arrangements, agreements and
understandings, if any, between the parties, and none shall be used to interpret this
Agreement. This Agreement may be amended at any time by the mutual consent of the
parties by an instrument in writing.
9.4 SeverabilitV. In the event that any one or more of the phrases,
sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared
invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction,
such invalidity or unenforceability shall not affect any of the remaining phrases, sentences,
clauses, paragraphs, or sections of this Agreement which are hereby declared as
severable and shall be interpreted to carry out the intent of the parties hereunder unless
the invalid provision is so material that its invalidity deprives either party of the basic benefit
of their bargain or renders this Agreement meaningless.
9.5 Corporate Authority. The persons executing this Agreement on behalf
of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are
duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so
executing this Agreement, such party is formally bound to the provisions of this Agreement,
and (iv) the entering into this Agreement does not violate any provision of any other
Agreement to which said party is bound.
(SIGNATURES ON NEXT PAGES)
Page 11 of 22
IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as of
the date first written above.
CITY OF PALM SPRINGS
ATTEST: a municipal corporation
By: By:
City Clerk City Manager
APPROVED AS TO FORM:
By!
City Attorney
Page 12 of 22
CONTRACTOR:
Engineering Resources of Southern California, Inc. Check one:`Individual_Partnership Corporation
3550 E. Florida Avenue,Suite B
Hemet, CA 92544
Corporations require two notarized signatures,one from A and one from B: A.Chairman of Board,President,orany Vicc
President:and B.Secretary,Assistant Secretary,Treasurer,Assistant Treasurer,or Chief Financial Officer),
By: By:
Signature(notarized) Signature(notarized)
Name: Name:
Title: Title:
Address: Address:
Stale of }
State of� County of }ss
County of }ss
On before me, On before me, ,
personally appeared personally appeared
personally known to me(or proved to me on the basis of personally known to me(or proved to me on the basis of
satisfactory evidence) to be the person(s) whose satisfactory evidence) to be the person(s) whose
name(s) is/are subscribed to the within instrument and name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by in his/her/their authorized capacity(ies), and that by
his/hedtheirsignature(s)on the instrumenttheperson(s), his/her/theirsignature(s)on the instrument the person(s),
or the entity upon behalf of which the person(s) acted, or the entity upon behalf of which the person(s) acted,
executed the instrument, executed the instrument.
WITNESS my hand and official seal. WITNESS my hand and official seal.
Notary Notary
Signature: Signature:
Notary Seal: Notary Seal:
Page 13 of 22
EXHIBIT "A"
SCOPE OF SERVICES
Contractor shall provide first class work and services for plan-checking of various
development items, consisting of: improvement plans(rough grading, street, sewer, storm
drain, on-site grading/paving, traffic signal, traffic striping/signage, and various other
improvements); subdivision maps (final tract maps and parcel maps); and professional
studies(hydrology/hydraulic, sewer, traffic, geotechnical, water quality management plans,
and various others studies).
Contractor shall provide a thorough and complete initial plan-check using the highest
professional standards. An initial plan-check shall be provided in conformance with City of
Palm Springs standards, civil engineering design guidelines appropriate for the type of
work (Standard Specifications for Public Works Construction "Greenbook", State of
California Standards "Caltrans" Specifications, Caltrans Highway Design Manual, and
various other design guidelines), as well as all relevant ordinances, resolutions, statutes,
rules, and regulations of the City, and all other local, state orfederal governmental agency
having jurisdiction over the type and location of the development activity.
Contractor shall review development items (plans, maps, or professional studies) in
conformance with and in relation to the following related items:
♦ Adopted "Conditions of Approval", by City Council Resolution (relative to Planned
Development Districts, Tentative Tract/Parcel Maps, Architectural Approvals,
Conditional Use Permits, etc.)
♦ Approved Site Plans or Tentative Maps
♦ Planning Department comments, as relevant
♦ Title Report, Current Tax Bill or other property ownership verification
♦ Professional Studies(geotechnical, hydrology, sewer,traffic, water quality management
plan, etc.)
♦ Verification of issuance of a General Construction Activity Storm Water Permit, if
required
♦ Grants or Vacations of Right-of-Way, as relevant
♦ Traverse, Lot and Tract Boundary Closures for final or parcel maps
♦ Reference maps, Assessor Maps, and other information related to final or parcel maps
♦ Engineering Department Plan Check Check Lists
Contractor shall ensure that all "Conditions of Approval" are met, such as: required
frontage improvements (sidewalk/bikeway widths, color and treatment); required street
pavement section and street design; minimum/maximum percentage slopes; and parking
lot layout and design (in conformance with the Zoning Code), as an example. The
Contractor shall follow the Engineering Department's current Improvement Plan Check
Sheets to ensure that minimum standards are met; and, shall ensure that the current
General Notes are included on the first sheet of each plan set. Contractor shall perform a
field visit of each development location to ensure that improvement plans subject to plan-
check review proposed improvements that correlate with existing improvements in and
around the project site.
Page 14 of 22
EXHIBIT "A"
SCOPE OF SERVICES
In reviewing final or parcel maps; Contractor shall ensure that all "Conditions of Approval"
are met, such as: required public and private right-of-way or easement dedications, right-
of-way vacations, land transfers, conservation or public space easements, and
drainage/public utility easement dedications, as an example. Contractor shall ensure that
all final or parcel maps are technically correct and meet current local and state regulations.
Contractor shall review the title report for subdivision guarantee and determine that the
final or parcel map boundary is consistent with the description given in the title report; as
well as ensure that the appropriate signatories and executors of the final or parcel map are
consistent with the current vesting ownership indicated in the title report.
Upon completion of the first (initial) plan-check, Contractor shall provide a complete and
thorough itemized written list of plan-check comments for use by the developer's consultant
in revising the initial plans, map or professional study. Contractor shall provide first plan-
check comments of such detail and completeness so new plan-check comments on
subsequent plan-check submittals are avoided, if at all possible, except when as a result of
changes or modifications to the initial plans. Contractor shall maintain its own plan-check
files with copies of initial and subsequent drafts of plans or maps, plan-check comments
from the initial and subsequent reviews, and relevant documentation and data.
Throughout the plan-check process, Contractor shall be available to meet, as necessary,
with the Engineering Department and/or the developer's consultant to discuss plan-check
review comments-
All plan-check services shall be performed by or under the responsible charge of a
California licensed professional eligible to prepare and sign the type of map, plan, or
professional study being reviewed. For improvement plans, Contractor shall sign and
stamp original, signed mylar plans when ready for approval bythe City Engineer; and, shall
submit an approval letter to the City Engineer stating that the subject improvement plans
has been reviewed and approved by the Contractor. For maps, Contractor shall submit an
approval letter to the City Engineer stating that the subject map has been reviewed and
approved by the Contractor. For professional studies, Contractor shall submit an approval
letter to the City Engineer stating that the subject professional study has been reviewed
and approved by the Contractor.
Contractor shall review revisions to previously approved improvement plans, when
requested.
Contractor shall provide expedited or "fast track" plan-checking, when requested.
Contractor shall provide development entitlement review, and prepare Engineering
"Conditions of Approval" for development applications, when requested.
Page 16 of 22
EXHIBIT "B"
SPECIAL REQUIREMENTS
Section 2.1, "Contract Sum", is hereby amended to read:
2.1 Contract Sum. City and Contractor hereby acknowledge and agree that the scope
of services required by this Agreement is subject to fluctuation due to factors controlling the
pace of development within the City of Palm Springs beyond City's control; and no
guarantee of the volume of plan-check services required by Contractor under the terms of
this Agreement is made by the City. The annual level of plan-check activity required by this
Agreement is unknown, and may significantly increase or decrease from year to year. In
acknowledgement of the unknown volume of plan-check services required hereunder, City
and Contractor hereby acknowledge and agree that there shall be no specific "Contract
Sum", as the term may be used herein this Agreement. For the services rendered
pursuant to this Agreement, the Contractor shall be compensated in accordance with the
"Schedule of Compensation" attached hereto as Exhibit"C"and incorporated herein by this
reference.
The method of compensation may include: (i) a lump sum payment upon completion, (ii)
payment in accordance with the percentage of completion of the services, (iii) payment for
time and materials based upon the Contractor's Schedule of Hourly Billing Rates as shown
on Exhibit "C-1", or (iv) such other methods as may be specified in the Schedule of
Compensation. Compensation shall include reimbursement for actual and necessary
expenditures for reproduction costs, telephone expense, transportation expense, and all
other necessary expenditures required to perform the professional services under this
Agreement. Compensation shall include the attendance of Contractor at all project
meetings reasonably deemed necessary by the City; Contractor shall not be entitled to any
additional compensation for attending said meetings. Contractor hereby acknowledges
that it accepts the risk that the services to be provided pursuant to the Scope of Services
may be more costly or time consuming than Contractor anticipates, that Contractor shall
not be entitled to additional compensation therefore.
It is expressly agreed that the maximum contract amount of this Agreement is undefined,
subject to the volume of plan-check services required throughout the duration of the term
of this Agreement. It is further expressly agreed that this Agreement shall operate on a
"pass-through" basis, with plan check fees collected by the City from a developer in
accordance with the currently adopted City of Palm Springs Comprehensive Fee Schedule,
and/or on the basis of the Schedule of Hourly Billing Rates attached hereto as Exhibit"C-1"
(as may be increased pursuant to the terms of this Agreement) for professional services
rendered on the basis of time and materials. In no case shall Contractor be entitled to
compensation unless or until the City has received payment from the developer for the
required services or costs. The term "developer" used herein shall be considered to
include the owner, lessee, authorized agent or other designated party proposing
development of private or public property within the City of Palm Springs, and may consist
of a private individual, company, corporation, or other legally recognized entity; and further,
may include a professional consultant hired bythe developerto perform design services on
their behalf associated with the proposed development.
Page 16 of 22
EXHIBIT "B"
SPECIAL REQUIREMENTS
Section 5.1 (d), "Additional Insurance", is hereby amended to read:
(d) Additional Insurance. A policy of Professional Liability Insurance with limits of at least
one million dollars ($1,000,000) per occurrence is required. If Contractor provides claims
made professional liability insurance, Contractor shall also agree in writing either (1) to
purchase tail insurance in the amount required by this Agreement to cover claims made
within three years of the completion of Contractor's services underthis Agreement, or(2)to
maintain professional liability insurance coverage with the same carrier in the amount
required by this Agreement for at leastthree years after completion of Contractor's services
under this Agreement. The Contractor shall also be required to provide evidence to City of
the purchase of the required tail insurance or continuation of the professional liability policy.
Section 5.3, "Performance Bond", is hereby waived.
Section 6.2, "Records", is hereby amended to require Contractor to deliver an original, or
copy thereof, of all records used in the performance of professional services hereunder.
Section 7.7, "Liquidated Damages", is hereby waived.
Page 17 of 22
EXHIBIT "C"
SCHEDULE OF COMPENSATION
Professional services required herein above shall be compensated on a lump sum per
sheet basis, for development items(plans and/or maps) reviewed and approved up to and
including the third plan check submittal, as follows:
Plan Check Item Lump Sum Fee (Per Sheet)
Grading Plan* (< 15,000 SF) $535.00
Grading Plan* (15,001 SF to 4 acres) $821.25
Grading Plan* (> 4 acres) $1,444.50
Street Plans $535.00
Sewer Plans $438.00
Storm Drain Plans $535.00
Signing & Striping Plans $438.00
Traffic Signal & Lighting Plans $535.00
Parcel Maps $631.00
Tract (Final) Maps $835.00
`"The term "Grading Plan" includes Precise Grading Plans and/or Grading and Paving
Plans, and the like.
Invoices for payment of professional services required herein above for development
items (plans and/or maps) reviewed and approved up to an including the third plan check
submittal shall be submitted concurrently with or subsequent to the Contractor's approval
of the development item.
Professional services required herein above for review and approval of development items
(plans and/or maps) reviewed up to and including the second plan check submittal, but not
completed to approval, shall be compensated on a lump sum per sheet basis equal to 50%
of the fees listed above. Invoices for payment therefore shall be submitted only after a
period of 90 days has passed from the date the development item was returned to the
developer or the developer's consultant for correction.
Professional services required herein above for review and approval of professional studies
and technical reports, or for review and approval of revisions to previously approved
improvement plans, shall be compensated on a time and materials basis, in accordance
with the Schedule of Hourly Billing Rates indicated on Exhibit "C-1", attached hereto and
made a part hereof.
Expedited or "Fast Track" services shall be compensated at a rate equal to 150% of the
fees listed above.
Professional services required herein above for providing development entitlement review,
and preparation of Engineering"Conditions of Approval"for development applications, shall
be compensated on a time and materials basis, in accordance with the Schedule of Hourly
Billing Rates indicated on Exhibit"C-1", attached hereto and made a part hereof. However,
Page 18 of 22
EXHIBIT "C"
SCHEDULE OF COMPENSATION
prior to commencement of development entitlement review services and payment
therefore, Contractor shall submit to the City Engineer an estimated cost of time and
materials, in accordance with the Schedule of Hourly Billing Rates indicated on Exhibit"C-
1"for providing the requested development entitlement review services. Upon receipt of a
deposit from the developer for the requested development entitlement review services,
Contractor shall be entitled to compensation for services rendered therefore. In the event
the Contractor's initial estimate for providing development entitlement review services
based on time and materials is exceeded, the Contractor shall submit to the City Engineer
a final estimate for completion of the required development entitlement review services.
Upon receipt of a deposit from the developer of the final estimate for completion of the
required development entitlement review services, the Contractor shall be entitled to
compensation for services rendered therefore. Compensation for requested development
entitlement review services shall be based on actual time and materials, in accordance with
the initial and/or final estimate submitted by Contractor, and shall be made on a monthly
basis based upon receipt of acceptable invoices. Any unspent funds collected by the City
from the developer, in accordance with the initial and/or final estimate submitted by
Contractor, shall be returned to the developer, and no additional compensation will be
allowed to the Contractor.
Page 19 of 22
EXHIBIT "C-1"
SCHEDULE OF HOURLY BILLING RATES
Effective July 1, 2006, the following schedule of hourly billing rates shall be applicable to
services rendered herein above on the basis of time and materials:
Classification Billing Rate
Principal/President................ ............. .............. .............. .........................$175-00
Principal/Vice President... ................................. . ............. .............. ...........$165.00
Senior Principal Engineer-................................ . ...........$160.00
Principal Engineer..................................................... .......................................$135.00
PrincipalPlanner.............. . ............ .............. ...............................................$125,00
Engineer V..................... ............................... .. ............$120.00
EngineerIV........... ............... ............. ............ ......................................$105.00
' Senior Planner..._............... ............ ............. ........... .........................$105-00
Senior Engineering Technician.............................................................................$105.00
EngineerIII ............... ........... ............ ............. .............. ---...............-.$95.00
Engineering Technician ll ............................................................................... ......$85.00
EngineerII ........................................................ ............$80.00
Administrative Services Manager_............... ...................................... ...............-$75.00
EngineerI ........ ............. ............... . .............. ...........................................$70.00
Engineering Technician I .................................. ............................. .............. . .$70.00
Executive Secretary_.............. ................................ .......................................$60.00
Engineering Technician.. ........... ............ ............ . .............. . ............$50.00
Secretary.................... . .............. .............. . ................................. ................$50.00
EngineeringAide II ................. .............. ............ ................................. .....$40.00
EngineeringAide I ........... ................................. . • ............................................$30.00
Effective July 1, 2007, and each July 1 thereafter, the schedule of hourly billing rates shall
be adjusted based on the Consumer Price Index — All Urban Consumers for the Los
Angeles-Riverside-Orange County, CA area as determined by the U.S. Department of
Labor, Bureau of Labor Statistics, for the previous year using the most recent monthly
index (i.e. April to April). Adjusted hourly rates shall be rounded to the nearest whole
dollar.
Reimbursement for material expenses associated with services rendered on a time and
material basis shall be made at a rate equal to 115% of the actual cost (i.e. Cost * 15%).
A copy of receipts for material expenses paid shall be submitted with invoices requesting
reimbursement for material expenses, subject to the approval of the City Engineer.
Page 20 of 22
EXHIBIT "D"
SCHEDULE OF PERFORMANCE
The Contractor shall comply with the following "normal' plan-check schedule of
performance:
• Initial draft (first submittal) shall be picked up at the Engineering Department within 2
working days of notification
• First submittal shall be reviewed, checked for accuracy, and returned to the City within
2 working days plus 1 working day per sheet following pick-up from the Engineering
Department
• Second and subsequent drafts shall be picked up atthe Engineering Department within
2 working days of notification
• Second and subsequent drafts shall be reviewed, checked for correction of plan-check
comments and returned to the City within 2 working days plus 1 working day per sheet
following pick-up from the Engineering Department
• Working days are Monday through Friday, not counting City Holidays
Example of a 3-sheet plan-check performance:
• Notified on Day 1 (i.e. Monday)
• Pick-up by Day 3 (i.e. Wednesday)
• Return by Day 8 (i.e. following Wednesday)
The Contractor shall comply with the following expedited or "fast track" plan-check
schedule of performance:
• Initial draft (first submittal) shall be picked up at the Engineering Department within 1
working day of notification
• First submittal shall be reviewed, checked for accuracy, and returned to the City within
1 working day plus '/2 working day per sheet following pick-up from the Engineering
Department
• Second and subsequent drafts shall be picked up at the Engineering Department within
1 working day of notification
• Second and subsequent drafts shall be reviewed, checked for correction of plan-check
comments, and returned to the City within 1 working day plus '/2 working day per sheet
following pick-up from the Engineering Department
Example of a 3-sheet plan-check performance:
• Notified on Day 1 (i.e. Monday)
• Pick-up by Day 2 (i.e. Tuesday)
' • Return by mid-Day 4 (i.e. noon Friday)
The plan-check schedule of performance above shall apply to each individual plan-check
item submitted for review and approval. In the event multiple plan-check items are
i submitted for review at one time for one project (i.e. rough grading plans, sewer
• improvement plans, and street improvement plans), the plan-check schedule of
performance shall be determined individuallyfor each plan-check item, and not determined
' Page 21 of 22
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EXHIBIT "D"
SCHEDULE OF PERFORMANCE
collectively for the total sum of all sheets of the improvement plans that may be submitted
at one time.
The Contractor shall comply with the above schedule of performance for review and
approval of revisions to previously approved improvement plans.
The Contractor shall comply with the following professional study/technical report review
schedule of performance:
Initial draft (first submittal) shall be picked up at the Engineering Department within 2
working days of notification
First submittal shall be reviewed, checked for accuracy, and returned to the City within
5" working days following pick-up from the Engineering Department
Second and subsequent drafts shall be picked up at the Engineering Department within
2 working days of notification
Second and subsequent drafts shall be reviewed, checked for correction of plan-check
comments, and returned to the City within 5' working days following pick-up from the
Engineering Department
'For extensive professional studies/technical reports whose scope encompasses master-
planned areas, the City Engineer may authorize additional time as appropriate to provide
adequate time to review and comment, on a case by case basis.
For development entitlement review services, the Contractor shall submit with its initial
estimated cost of time and materials, an initial schedule of performance for providing the
requested development entitlement review services for review and approval by the City
Engineer. The Contractor shall be required to conform to the initial schedule of
performance, as may be revised and approved bythe City Engineer. In accepting requests
to provide development entitlement review services, the Contractor agrees to revising or
otherwise abbreviating the initial schedule of performance as may be necessary to meet
unanticipated changes to development entitlement schedules, such as Planning
Commission and/or City Council hearing dates.
Page 22 of 22