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HomeMy WebLinkAboutA6305 - PROVO ENGINEERING PLAN CHECK SVCS FOR FIRE DEPT CONSULTING SERVICES AGREEMENT Plan Check Services for Fire Department THIS AGREEMENT FOR CONSULTING SERVICES ("Agreement") is made and entered into on 'god- t3 , 2012, by and between the City of Palm Springs, a California charter city and municipal corporation ("City"), and Provo Engineering, an individual/sole proprietor, ("Consultant"). City and Consultant are individually referred to as "Party" and are collectively referred to as the "Parties". RECITALS A. City requires the services of a professional engineering firm for Fire Sprinkler, Fire Alarm, Underground Fire Line (Public/Private), Fire Pump and Standpipe Plan Check Services, ("Project"). B. Consultant has submitted to City a proposal to provide Professional Fire Sprinkler, Fire Alarm Underground Fire Line (Public/Private), Fire Pump and Standpipe Plan Check Services to City under the terms of this Agreement. C. Based on its experience, education, training, and reputation, Consultant is qualified and desires to provide the necessary services to City for the Project. D. City desires to retain the services of Consultant for the Project. In consideration of these promises and mutual agreements, City agrees as follows: AGREEMENT 1. CONSULTANT SERVICES 1.1 Scone of Services. In compliance with all terms and conditions of this Agreement, Consultant shall provide Professional Fire Sprinkler, Fire Alarm, Underground Fire Line (Public/Private), Fire Pump and Standpipe Plan Check Services to City as described in the Scope of Services/Work attached to this Agreement as Exhibit "A" and incorporated by reference (the "services" or "work"). Exhibit "A" includes the agreed upon schedule of performance and the schedule of fees. Consultant warrants that all services and work shall be performed in a competent, professional, and satisfactory manner consistent with prevailing industry standards. In the event of any inconsistency between the terms contained in the Scope of Services/Work and the terms set forth in this Agreement, the terms set forth in this Agreement shall govern. 1.2 Compliance with Law. Consultant services rendered under this Agreement shall comply with all applicable federal, state, and local laws, statutes and ordinances and all lawful orders, rules, and regulations. 1.3 Licenses and Permits. Consultant 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. Revised:6/16/10 ORMG1NAL BID AM` D"OR AGREEMENT 1.4 Familiarity with Work By executing this Agreement, Consultant warrants that it has carefully considered how the work should be performed and fully understands the facilities, difficulties, and restrictions attending performance of the work under this Agreement. 2. TIME FOR COMPLETION The time for completion of the services to be performed by Consultant is an essential condition of this Agreement. Consultant shall prosecute regularly and diligently the work of this Agreement according to the agreed upon schedule of performance set forth in Exhibit "A." Consultant shall not be accountable for delays in the progress of its work caused by any condition beyond its control and without the fault or negligence of Consultant. Delays shall not entitle Consultant to any additional compensation regardless of the party responsible for the delay. 3. COMPENSATION OF CONSULTANT 3.1 Compensation of Consultant. Consultant shall be compensated and reimbursed for the services rendered under this Agreement in accordance with the schedule of fees set forth in Exhibit "A". The rates paid to Consultant for services rendered pursuant to this Agreement shall not exceed the hourly rate of One Hundred Dollars ($100.00) for Plan Checks, time on construction site or at City Offices for meetings and or inspections, the hourly rate of Seventy Five Dollars ($75.00) for Clerical services, the rate of Three Hundred Twenty Five Dollars ($325.00)per round trip for travel for project meetings and inspections, plus actual shipping fees (via UPS, no mark-up) for returning approved plans and documents. The total contract amount paid by the City pursuant to this Agreement shall not exceed$24,000 per year. 3.2 Method of Payment. In any month in which Consultant wishes to receive payment, Consultant shall submit to City an invoice for services rendered prior to the date of the invoice, no later than the first working day of such month, in the form approved by City's finance director. Payments shall be based on the hourly rates set forth in Exhibit "A" for authorized services performed. City shall pay Consultant for all expenses stated in the invoice that are approved by City and consistent with this Agreement, within thirty (30) days of receipt of Consultant's invoice. 33 Changes. In the event any change or changes in the Scope of Services/Work is requested by City, Parties shall execute a written amendment to this Agreement, specifying all proposed amendments, including, but not limited to, any additional fees. An amendment may be entered into: A. To provide for revisions or modifications to documents, work product, or work,when required by the enactment or revision of any subsequent law; or B. To provide for additional services not included in this Agreement or not customarily furnished in accordance with generally accepted practice in Consultant's profession. 3.4 Appropriations. This Agreement is subject to, and contingent upon, funds being appropriated by the City Council of City for each fiscal year. If such appropriations are not made, this Agreement shall automatically terminate without penalty to City. 2 Revised:6/16/10 891234 1 4. PERFORMANCE SCHEDULE 4.1 Time of Essence. Time is of the essence in the performance of this Agreement. 4.2 Schedule of Performance. All services rendered under this Agreement shall be performed under the agreed upon schedule of performance set forth in Exhibit "A." Any time period extension must be approved in writing by the Contract Officer. 4.3 Force Maieure. The time for performance of services to be rendered under this Agreement may be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Consultant, if Consultant notifies the Contract Officer within ten (10) days of the commencement of such condition. Unforeseeable causes include, but are not limited to, acts of God or of a public enemy, acts of the government, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, and unusually severe weather. After Consultant notification, the Contract Officer shall investigate the facts and the extent of any necessary delay, and extend the time for performing the services for the period of the enforced delay when and if, in the Contract Officer's judgment, such delay is justified. The Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. 4.4 Term. Unless earlier terminated in accordance with Section 4.5 of this Agreement, this Agreement shall continue in full force and effect for a period of 12 months, commencing on October 20, 2012, and ending on October 19, 2013, unless extended by mutual written agreement of the parties. 4.5 Termination Prior to Expiration of Term. City may terminate this Agreement at any time, with or without cause, upon thirty (30) days written notice to Consultant. Where termination is due to the fault of Consultant and constitutes an immediate danger to health, safety, and general welfare, the period of notice shall be such shorter time as may be determined by the City. Upon receipt of the notice of termination, Consultant shall immediately cease all services except such as may be specifically approved by the Contract Officer. Consultant shall be entitled to compensation for all services rendered prior to receipt of the notice of termination and for any services authorized by the Contract Officer after such notice. Consultant may terminate this Agreement, with or without cause, upon thirty(30) days written notice to City. 5. COORDINATION OF WORK 5.1 Representative of Consultant. The following principal of Consultant is designated as being the principal and representative of Consultant authorized to act and make all decisions in its behalf with respect to the specified services and work: George Provencher, Owner. It is expressly understood that the experience, knowledge, education, capability, and reputation of the foregoing principal is a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principal shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services under this Agreement. The foregoing principal may not be changed by Consultant without prior written approval of the Contract Officer. 3 Revised:6/16110 710i91 l 5.2 Contract Officer. The Contract Officer shall be the City Manager or his/her designee ("Contract Officer"). Consultant shall be responsible for keeping the Contract Officer fully informed of the progress of the performance of the services. Consultant shall refer any decisions that must be made by City to the Contract Officer. Unless otherwise specified, any approval of City shall mean the approval of the Contract Officer. 5.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, education, capability, and reputation of Consultant, its principals and employees, were a substantial inducement for City to enter into this Agreement. Therefore, Consultant shall not contract with any other individual or entity to perform any services required under this Agreement without the City's express written approval. In addition, neither this Agreement nor any interest may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. 5.4 Independent Contractor. Neither City nor any of its employees shall have any control over the manner, mode, or means by which Consultant, its agents or employees, perform the services required, except as otherwise specified. Consultant shall perform all required services as an independent contractor of City and shall not be an employee 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; however, City shall have the right to review Consultant's work product, result, and advice. Consultant 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. 5.5 Personnel. Consultant agrees to assign the following individuals to perform the services in this Agreement. Consultant shall not alter the assignment of the following personnel without the prior written approval of the Contract Officer. Acting through the City Manager, the City shall have the unrestricted right to order the removal of any personnel assigned by Consultant by providing written notice to Consultant. Name: Title: George Provencher Owner 6. INSURANCE Consultant shall procure and maintain, at its sole cost and expense, policies of insurance as set forth in the attached Exhibit"B", incorporated herein by reference. 7. INDEMNIFICATION. 7.1 Indemnification. To the fullest extent permitted by law, Consultant shall defend (at Consultant's sole cost and expense), indemnify, protect, and hold harmless City, its elected officials, officers, employees, agents, and volunteers (collectively the "Indemnified Parties"), from and against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses q Revised:6/16110 '20:9a.7 including legal costs and attorney fees (collectively "Claims"), including but not limited to Claims arising from injuries to or death of persons (Consultant's employees included), for damage to property, including property owned by City, from any violation of any federal, state, or local law or ordinance, and from errors and omissions committed by Consultant, its officers, employees, representatives, and agents, that arise out of or relate to Consultant's performance under this Agreement. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the City, its elected officials, officers, employees, agents, and volunteers. Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit Consultant's indemnification obligation or other liability under this Agreement. Consultant's indemnification obligation shall survive the expiration or earlier termination of this Agreement until all actions against the Indemnified Parties for such matters indemnified are fully and finally barred by the applicable statute of limitations or, if an action is timely filed,until such action is final. This provision is intended for the benefit of third party Indemnified Parties not otherwise a party to this Agreement. 7.2 Desi¢n Professional Services Indemnification and Reimbursement. If the Agreement is determined to be a "design professional services agreement" and Consultant is a "design professional" under California Civil Code Section 2782.8, then: A. To the fullest extent permitted by law, Consultant shall indemnify, defend (at Consultant's sole cost and expense), protect and hold harmless City and its elected officials, officers, employees, agents and volunteers and all other public agencies whose approval of the project is required, (individually"Indemnified Party''; collectively"Indemnified Parties") against any and all liabilities, claims,judgments, arbitration awards, settlements, costs, demands, orders and penalties (collectively"Claims"), including but not limited to Claims arising from injuries or death of persons (Consultant's employees included) and damage to property, which Claims arise out of, pertain to, or are related to the negligence, recklessness or willful misconduct of Consultant, its agents, employees, or subcontractors, or arise from Consultant's negligent, reckless or willful performance of or failure to perform any term, provision, covenant or condition of this Agreement ("Indemnified Claims"), but Consultant's liability for Indemnified Claims shall be reduced to the extent such Claims arise from the negligence, recklessness or willful misconduct of the City and its elected officials, officers, employees, agents and volunteers. B. The Consultant shall require all non-design-professional sub-contractors, used or sub-contracted by Consultant to perform the Services or Work required under this Agreement, to execute an Indemnification Agreement adopting the indemnity provisions in sub- section 7.1 in favor of the Indemnified Parties. In addition, Consultant shall require all non- design-professional sub-contractors, used or sub-contracted by Consultant to perform the Services or Work required under this Agreement, to obtain insurance that is consistent with the Insurance provisions as set forth in this Agreement, as well as any other insurance that may be required by Contract Officer. 8. RECORDS AND REPORTS 5 Revised:6/16/10 8.1 Reports. Consultant shall periodically prepare and submit to the Contract Officer reports concerning the performance of the services required by this Agreement, or as the Contract Officer shall require. 8.2 Records. Consultant shall keep complete, accurate, and detailed accounts of all time, costs, expenses, and expenditures pertaining in any way to this Agreement. Consultant shall keep such books and records as shall be necessary to properly 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 reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records. 8.3 Ownership of Documents. All drawings, specifications, reports, records, documents, and other materials prepared by Consultant in the performance of this Agreement shall be the property of City. Consultant shall deliver all above-referenced documents to City upon request of the Contract Officer or upon the termination of this Agreement. Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights or ownership of the documents and materials. Consultant may retain copies of such documents for Consultant's own use. Consultant shall have an unrestricted right to use the concepts embodied in such documents. 8.4 Release of Documents. All drawings, specifications, reports, records, documents, and other materials prepared by Consultant in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer. 8.5 Cost Records. Consultant shall maintain all books, documents,papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred while performing under this Agreement. Consultant shall make such materials available at its offices at all reasonable times during the tern of this Agreement and for three (3) years from the date of final payment for inspection by City and copies shall be promptly furnished to City upon request. 9. ENFORCEMENT OF AGREEMENT 9.1 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 Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 9.2 Interpretation. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the Parties. The terms of this Agreement are contractual and the result of negotiation between the Parties. Accordingly, any rule of construction of contracts (including, without limitation, California Civil Code Section 1654) that ambiguities are to be construed against the drafting party, shall not be employed in the interpretation of this Agreement. The caption headings of the various sections 6 Revised:6/16/10 720699.1 and paragraphs of this Agreement are for convenience and identification purposes only and shall not be deemed to limit, expand, or define the contents of the respective sections or paragraphs. 9.3 Waiver. No delay or omission in the exercise of any right or remedy of a non- defaulting party on any default shall impair such right or remedy or be construed as a waiver. No consent or approval of City shall be deemed to waive or render unnecessary City's consent to or approval of any subsequent act of Consultant. Any waiver by either party of any default must be in writing. No such waiver shall be a waiver of any other default concerning the same or any other provision of this Agreement. 9.4 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. 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. 9.5 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 injunctive relief, a declaratory judgment, or any other remedy consistent with the purposes of this Agreement. 10. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION 10.1 Non-Liability of City Officers and Employees. No officer or employee of City shall be personally liable to the Consultant, or any successor-in-interest, in the event of any default or breach by City or for any amount which may become due to the Consultant or its successor, or for breach of any obligation of the terms of this Agreement. 10.2 Conflict of Interest. No officer or employee of the City shall have any direct or indirect financial interest in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which effects their financial interest or the financial interest of any corporation, partnership, or association in which he/she is, directly or indirectly, interested in violation of any state statute or regulation. Consultant warrants that Consultant has not paid or given, and will not pay or give, any third party any money or other consideration in exchange for obtaining this Agreement. 10.3 Covenant Against Discrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination or segregation in the performance of or in connection with this Agreement regarding any person or group of persons on account of race, color, creed, religion, sex, marital status, disability, sexual orientation, national origin, or ancestry. 11. MISCELLANEOUS PROVISIONS 11.1 Notice. Any notice, demand, request, consent, approval, or communication that either party desires, or is required to give to the other parry or any other person shall be in writing and either served personally or sent by pre-paid, first-class mail to the address set forth below. Notice shall be deemed communicated seventy-two (72) hours from the time of mailing 7 Revised:6/16/10 if mailed as provided in this Section. Either party may change its address by notifying the other party of the change of address in writing. To City: City of Palm Springs Attention: City Manager/City Clerk 3200 E. Tahquitz Canyon Way Palm Springs, California 92262 To Consultant: Provo Engineering Attention: George Provencher, Owner 22931 Savi Ranch Parkway Yorba Linda, CA 92887-4640 11.2 Integrated Agreement. This Agreement contains all of the agreements of the parties and supersedes all other written agreements. 11.3 Amendment. No amendments or other modifications of this Agreement shall be binding unless through written agreement by all Parties. 11.4 Severability. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law. 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 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 shall be interpreted to carry out the intent of the parties. 11.5 Successors in Interest. This Agreement shall be binding upon and inure to the benefit of the Parties' successors and assignees. 11.6 Third Party Beneficiary. Except as may be expressly provided for in this Agreement, nothing contained in this Agreement is intended to confer, nor shall this Agreement be construed as conferring, any rights, including, without limitation, any rights as a third-party beneficiary or otherwise, upon any entity or person not a party to this Agreement. 11.7 Recitals. The above-referenced Recitals are hereby incorporated into the Agreement as though fully set forth in this Agreement and each Party acknowledges and agrees that such Party is bound, for purposes of this Agreement,by the same. 11.8 Authority. The persons executing this Agreement on behalf of the Parties warrant that they are duly authorized to execute this Agreement on behalf of Parties and that by so executing this Agreement the Parties are formally bound to the provisions of this Agreement. g Revised'6116/10 7_'0:90.1 IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below. "CITY" City of Palm Springs Date: l 1�r3�ZolZ avid H. Ready city Manager APPROVED BY CffY MANAGER 00 hw t A 00o.— A L-100 APPROVED AS TO FORM: ATTEST By By; I (�66 ntait,, 6., l Douglas C. olland, James Thdmpson, City Attorney City Clerk "CONSULTANT" Provo Engineering Date: >'�- � �4 L By (na (p- 'ident) Date: (name) (secretary) 9 Revised:6/16/10 7203941 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of Califomla,,, County of Cl lid Z. before h5� Here FseRygme rtlT personally appeared VVVVVV//////////// NmislorSgnaysl who proved to me on the basis of satisfactory evidence to be the person(IM whose nameis) teas subscribed to the within instrument and acknowledged to me that F(tshWilitey executed the same inQWrtts Melt authorized capacity(fWs), and that by� signature*) on the instrument the person(c), or the a upon behalf of �GLOR mity SMITH which the person(s)acted,executed the instrument. ComrMssion•1961552 = Notary Public-California i I certify under PENALTY OF PERJURY under the laws Orange County = of the State of California that the foregoing paragraph is My Comm.Expires Nov 24.20 , true and correct. WITNESS my h nd and official�l So Signatur� `� T Prase nosn seal aeox s'yv a uc> Taeeo OPTIONAL Though the inkanation below ie not regWred by law,tr may p+ovo valuable to persons rofying an the document arof could prevent fraudulent removal and wilachment of Hus form to another doc &# Description of Attached Docuu nt Title or "''a--=�� ��t-�+�:�-✓type of Document: Document Date: //— Z->'2-- _....._.._—Number of Pages: Signer(s)Other Than Named Above: Capecity(les)Claimed by Signer(s) Signer's Name: _ Signers Name: Individual Ind'vidual Corporate Orficer—Tiae(s): Corporate Officer—Tite(s): Partner—❑Limited ❑General Partner Limited O General _ J Attorney in Fact • ❑Attorney in Fact • Trustee of mute Mre ❑Trustee i Top of li§R here Ci Guardian or Conservator ❑Guardian or Conservator Other: 2 Other: Signer Is Representing: Signer Is Representing: Ll OEInT WstlanNaarY AsSodatlon•b350b3o6 h.¢.PO as2exQ•xYetaa^.h aA Bf3h32602•x^w`uAL�vrxHicterYer9 MnnY$DP nosnlse:Gbl Tdlerrfb068JHP62J 10 Revised:6/16/10 720599.1 EXHIBIT "A" CONSULTANT'S SCOPE OF SERVICES/WORK Including, Schedule of Fees And Schedule of Performance Revised:6116/10 "_Oi99.1 (� PROVO ENGINEERING 22931 SAVI RANCH PARKWAY,YORSA UNDA, CA 92887 (714) 283-1 150..FAX(714)283-1400 FIREPROTECTION DESIGN It CODE CONSULRNG October 29.2012 Leigh Ann Gileno, Procurement Specialist If City of Palm Springs 3200 E.Tahquitz Canyon way Palm Springs,CA 92262 Subject: Cost Proposal for Providing Fire Protection System Plan Review and Inspection Services The following is our cost proposal for the Scope of Work a outlined in our Proposal for Providing Fire Protection System Plan Review and Inspection Services. 1. Plan checks including re-submittals of fire sprinkler,fire alarm,commercial hood fire suppression system,area smoke evacuation system, underground fire lines(public and private), fire pump and standpipe systems shall be performed at an hourly rate of One Hundred Dollars ($100.00). Provo staff turns in a hourly timesheet weekly.This time sheet provides a place to report hours spent per day on numerous projects. 2. Clerical service,which includes scanning of documents,communication with contractor and Fire Department,typing of plan check comments and other related work,shall be performed at an hourly rate of Seventy Five Dollars($75.00). 3. Time on construction site or at City offices for meetings and/or inspections of fire sprinkler,fire alarm,commercial hood fire suppression system,area smoke evacuation system,underground fire lines(public and private),fire pump and standpipe systems shall be at a rate of One Hundred Dollars($100.00)per hour. 4. Travel for project meetings and inspections shall be at a fixed rate per round trip of Three Hundred Twenty Five Dollars($325.00).This includes mileage. 5. Shipping fee(UPS)will be the fee charged(no mark-up)by UPS and shall be included on our invoice that will be returned with the approved plans. UPS internal data shows normal delivery time is one day. UPS will only be used if Provo does not have a staff member In town that day. 6. Plan reviews shall be completed in not more than ten(10)working days.The Palm Springs Fire Department shall be provided with a copy of all plan check comments. 7. Inspection requests shall be fulfilled within forty-eight (48) hours of initial request. The Palm Springs Fire Department is to be noted in advance and must approve all inspection requests and may choose to accompany the contractor during the inspections. Billinc Procedures A. Plan Check Services—Invoices shall be provided when approved plans are returned to the city. B. Field Inspection and Meetings—Invoices shall be forwarded to the Fire Department along with the written Inspection Report. C. All other requested services shall be invoiced at the end of the month the service is provided. D. A monthly statement along with copies of the invoices shall be provided to recap the past month's activity and account status. Sincerely, Provo Ge r�eenn encher 12 Revised:6/16110 T_0�99.1 PROVO ENGINEERING 22931 SAVI RANCH PARKWAY,YORBA LINDA,CA 92887 (714) 283-1 150"FAX(714)283-1400 FIRE PROTECTION DESIGN&CODE CONSULTING October 25,2012 Leigh Ann Gileno Procurement Specialist II City of Palm Springs 3200 E.Tahquitz Canyon way Palm Springs, CA 92262 Subject: Proposal for Providing Fire Protection System Plan Review and Inspection Services We believe we can be of an asset to the city of Palm Springs Fire Department.We will provide timely,well documented and complete responses with codes/standards referenced to plans submitted for review. Each on-site inspection will be on time, complete,thorough and documented. Our office location will permit us to be at your office to pick-up/drop off plans or on a construction site within 90 minutes. All of our personnel have been provided with cell phones, direct access to the internet(e-mail) and direct dial phones with voice mail,thereby providing timely access in an hour of need.All documents(plans, hydraulic calculations, inspection reports)submitted to this office(approved or not)are electronically scanned by this office for easy access by our personnel. Description of Firm Provo Engineering (Provo)is a new company. However,the owner and the employees were previously employed by Beard Provencher which had been in business for over 20 years. These employees have numerous years of experience working with various jurisdictions and California construction code and standards(i.e. UBC. UFC, CBC, CFC, NFPA and International Codes with California Amendments). Because of their involvement with plan review and inspection in numerous cities, they have a clear understanding of the demands and requirements. Provo Engineering is small enough to be flexible while large enough to meet demands. The company's norormal business hours are Monday through Friday, 7:00 a.m. to 4:00 p.m. During these hours someone is always available at our office to accept re- submittals, answer inquiries, and schedule appointments for inspections. The primary contact person is Sue Reid(Phone: 714-283-1100 ext 100, Fax: 714-283-1400, E-Mail sueaa provoenaineering.com). She can direct the individual to the appropriate individual to answer any questions regarding a plan review or inspection, provide information on the status of a plan review, and schedule any appointments or inspections. 13 Revised:6/16/10 Ilig41 City of Palm Springs Procurement and Contracting Department Subject:Proposal for Providing Fire Protection System Plan Review and Inspection Services October 25,2012 Page 2 Provo Engineering carries Professional Liability Insurance, Comprehensive General Liability Insurance, and Workers Compensation Insurance. Key Personnel Qualifications(Team Member This consistency in our staff provides a stable platform to provide high quality service to the City of Palm Springs. 1. George Provencher(owner), extension 107 ((Ieorce0provoencineerino.com), is a Registered Professional(Mechanical and Fire Protection) Engineer in the states of California and Arizona. Prior to starting Provo Engineering he was co- owner of Beard, Provencher. He graduated from Cal Poly(1971)and since then has been involved in design and consulting on fire protection systems in all types of buildings, including high rises (+400 feet), aircraft hangars, commercial and industrial buildings. His current duties include overseeing and reviewing all documents prepared by this office to verify their compliance with the standards set by this office and to fill in on an as needed basis in plan checking/inspections. 2. Bob Buffington,extension 104 (bob(dprovoenoineering.com),grew up in the industry and has been involved in the design of automatic fire sprinkler systems for over twenty- (20) years. His first ten (10)years were spent working for afire sprinkler contracting firm and the last twelve (12)years were with Beard,Provencher. He has experience in preparing drawings for all types of fire sprinkler systems, including residential developments, commerciaitwarehouse buildings and aircraft hangar buildings(deluge system with a detection system). For the last ten (10)years his main duties involved plan checking and inspection of fire sprinkler systems for various cities. 3. Sue Reid, extension 100(sue(&Drovoenoineering.com)was with Beard, Provencher since its incorporation and has continued with Provo Engineering. Her duties include receiving plans, identifying due dates,typing and faxing and/or e-mailing plan check comments, scanning into permanent electronic file of all documents, transmitting of plans and hydraulic calculations to the cities, maintaining our data base on individual plan review projects and scheduling inspections. George Provencher is the overall designated primary point person for the city. Bob Buffington handles the majority of the plan check and inspections, Past Experienoe/References The personnel of Provo Engineering has provided similar services in the following cities. These services were provided without complaints being received from developers or contractors with all plan checks and inspections completed on time as promised. 14 Revised:6/16110 710)99.1 City of Palm Springs Procurement and Contracting Department Subject:Proposal for Providing Fire Protection System Plan Review and Inspection Services October 25,2012 Page 3 1. Victoria Gardens, Rancho Cucamonga, California Michael Frasure, Senior Building Inspector, 909-477-2710 ext. 4217 Mike.Frasure(Mco frc.us This project consisted of 3 major stores, one AMC Theater, 2 multi level parking structures, 26 multi tenant satellite buildings, one food court building, and the Cultural Center(library and auditorium). Our personnel were the plan checkers and on site inspectors of record for the total project. Our scope of work included all fire department code requirements(i.e. access, egress), installation of fire sprinkler and fire alarm systems. 2. Gardenwalk,Anaheim, California Jeff Lutz, Fire Marshal, 714-765-4045 JLutzO-anaheim.net Todd Rudaitis, Senior Fire Safety Specialist 714-765-4067 trudaftis()anaheim.net This was a mufti-story, multi-building project that included a parking structure and several multi-tenant shopping buildings. The scope of work included plan checking of fire sprinkler, fire alarm and hood suppression system plans for the entire project. 3. Rancho Cucamonga Fire Construction Services Provo Engineering currently has a contract with the city to provide plan checking services. This includes making entries via internet directly into the city's system (Tidemark), documenting all of the actions performed by us on projects in the city. 4. Upland Fire Department Fred St.Ange, Fire Inspector/Investigator, 909-931-4180 fstange oOci.upland.ca.us Provo currently has a contract to continue to provide the Upland Fire Department with plan checking services that began over eighteen years ago as Beard, Provencher. . Understanding of Scope of Work and Methodology to Complete Tasks 1 Plan Checking Service Our Scope of Work shall include plan review of various construction trade drawings, including, but not limited to,fire sprinkler, fire alarm, commercial hood fire suppression system,area smoke evacuation system, underground fire lines (public and/or private),fire pump and standpipe systems. The goal of these reviews is to verify that said systems comply with 2010 Edition of the California 15 Revised:6/16/10 City of Palm Springs Procurement and Contracting Department Subject:Proposal for Providing Fire Protection System Plan Review and Inspection Services October 25,2012 Page 4 Building, Fire, Mechanical and Electrical Codes, Palm Springs Developer Guidelines, and related NFPA or other nationally recognized and agreed to standards. Upon receipt, Plans are date stamped, logged into our database and noted with a"due date". This"due date"is ten working days from when the City received the plans. Review comments are typewritten and provided directly to submitting contractor and city representative simultaneously via fax or e-mail within the ten working days. Re-submittals are also date stamped and logged into Provo's database. All re-submittals shall have our written response within five (5)working days of receipt. Upon forty-eight hours advance notice and at the request of the Fire Department authorized representative, we will attend any meetings relating to proposed project. In the hope of improving communication between the City and the general contractor/developer,we can also include them in our list of those to receive our comments. During the review plan check process, Provo Engineering shall provide all liaisons with applicanUoontractor designee either by telephone,fax, e-mail or meetings to achieve goal. Upon completion of review process, plans shall be returned to the city fire department with our stamp and signature recommending acceptance along with a letter of transmittal. All plans and provided documents, including all submittals by contractor, shall be electronically scanned and filed by permit number. Prior to shipping, Palm Springs Fire Department shall advise via a phone call or e-mail(Sue Reid)of plans awaiting plan check. If we have someone in the area that day, we will pick them up thereby saving shipping expense and any possible delays. 2 On an "As Need Basis" On-Site Inspection Services Provo shall perform on-site inspections as requested by authorized fire department representative via phone call,e-mail or fax. This service shall be scheduled through our office directly with the contractor or fire department representative requesting inspection. The goal of this direct communication is to provide a time to contractor when we will be on site and ready to review their work, eliminating them waiting for our arrival. All of the above to be completed within 48 hours of receipt of requested inspection by Palm Springs Fire Department. Our on-site inspection shall include but not be limited to fire sprinklers, fire alarm, commercial hood fire suppression systems, area smoke evacuation systems, underground fire lines(public and/or private), fire pump and standpipe systems. The goal of the inspections is to verify compliance with approved plans and earlier stated codes and standards. At the end of the inspection and before leaving the site, a handwritten complete report shall be provided to the requesting contractor and general contractor(as requested or directed). Upon 16 Revised:6/16/10 »p;99.1 City of Palm Springs Procurement and Contracting Department Subject:Proposal for Providing Fire Protection System Plan Review and Inspection Services October 2S,2012 Page 5 returning to our office, normally the next day,the Palm Springs Fire Department will receive via Fax or e-mail a copy of the Inspection Report for their files. They will also be electronically scanned for future reference. Provo is constantly visited by various manufacturer representatives(sprinkler, pipe, pump, hangers, and fire alarm components). This helps us to keep updated with changes in their product line with emphasis on the U.L. listing requiremenUlimitations. Periodically team members will attend classes or seminars presented on code changes. In addition,we are active members of NFPA and subscribe to their code update and formal interpretation services. We also maintain a reference book for the California State Fire Marshal's formal interpretations as published at their website. The key to a good working relationship is communication. This could be a simple phone call,fax or an e-mail requesting the pick-up of plans or to contact a contractor to set up an inspection. This is why we insist on sending a fax or e-mail of every activity performed by this office.This includes plan check comments,when an inspection has been scheduled and the results of an inspection. In closing,we trust we have provided the requested information. If additional information is needed, please do not hesitate to call. Sincerely, Provo En ' eying Ge g Provencher 17 Revised:6/16/10 7'_0z99.1 EXHIBIT "B" INSURANCE PROVISIONS Including Verification of Coverage, Sufficiency of Insurers, Errors and Omissions Coverage, Minimum Scope of Insurance, Deductibles and Self-Insured Retentions, and Severability of Interests (Separation of Insureds) 18 Revised:6/16/10 -;nee t INSURANCE 1. Procurement and Maintenance of Insurance. Consultant shall procure and maintain public liability and property damage insurance against all claims for injuries against persons or damages to property resulting from Consultant's performance under this Agreement. Consultant shall procure and maintain all insurance at its sole cost and expense, in a form and content satisfactory to the City, and submit concurrently with its execution of this Agreement. Consultant shall also carry workers' compensation insurance in accordance with California workers' compensation laws. Such insurance shall be kept in full force and effect during the term of this Agreement, including any extensions. Such insurance shall not be cancelable without thirty(30) days advance written notice to City of any proposed cancellation. Certificates of insurance evidencing the foregoing and designating the City, its elected officials, officers, employees, agents, and volunteers as additional named insureds by original endorsement shall be delivered to and approved by City prior to commencement of services. The procuring of such insurance and the delivery of policies, certificates, and endorsements evidencing the same shall not be construed as a limitation of Consultant's obligation to indemnify City, its elected officials, officers, agents, employees, and volunteers. 2. Minimum Scope of Insurance. The minimum amount of insurance required under this Agreement shall be as follows: 1. Comprehensive general liability and personal injury with limits of at least one million dollars ($1,000,000.00) combined single limit coverage per occurrence and two million dollars ($2,000,000) general aggregate; 2. Automobile liability insurance with limits of at least one million dollars ($1,000,000.00)per occurrence; 3. Professional liability (errors and omissions) insurance with limits of at least one million dollars ($1,000,000.00) per occurrence and two million dollars ($2,000,000) annual aggregate is: required is not required; 4. Workers' Compensation insurance in the statutory amount as required by the State of California and Employer's Liability Insurance with limits of at least one million dollars $1 million per occurrence. If Consultant has no employees, Consultant shall complete the City's Request for Waiver of Workers' Compensation Insurance Requirement form. 3. Primary Insurance. For any claims related to this Agreement, Consultant's insurance coverage shall be primary with respect to the City and its respective elected officials, officers, employees, agents, and volunteers. Any insurance or self-insurance maintained by City and its respective elected officials, officers, employees, agents, and volunteers shall be in excess of Consultant's insurance and shall not contribute with it. For Workers' Compensation and Employer's Liability Insurance only, the insurer shall waive all rights of subrogation and 19 Revised:6116/10 ?_ps 99.1 contribution it may have against City, its elected officials, officers, employees, agents, and volunteers. 4. Errors and Omissions Coverage. If Errors & Omissions Insurance is required, and if Consultant provides claims made professional liability insurance, Consultant 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 Consultant's services under this Agreement, or (2) to maintain professional liability insurance coverage with the same carrier in the amount required by this Agreement for at least three years after completion of Consultant's services under this Agreement. Consultant shall also be required to provide evidence to City of the purchase of the required tail insurance or continuation of the professional liability policy. 5. Sufficiency of Insurers. Insurance required in this Agreement shall be provided by authorized insurers in good standing with the State of California. Coverage shall be provided by insurers admitted in the State of California with an A.M. Best's Key Rating of B++, Class VII, or better, unless otherwise acceptable to the City. 6. Verification of Coverage. Consultant shall furnish City with both certificates of insurance and endorsements, including additional insured endorsements, effecting all of the coverages required by this Agreement. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All proof of insurance is to be received and approved by the City before work commences. City reserves the right to require Consultant's insurers to provide complete, certified copies of all required insurance policies at any time. Additional insured endorsements are not required for Errors and Omissions and Workers' Compensation policies. Verification of Insurance coverage may be provided by: (1) an approved General and/or Auto Liability Endorsement Form for the City of Palm Springs or(2) an acceptable Certificate of Liability Insurance Coverage with an approved Additional Insured Endorsement with the following endorsements stated on the certificate: 1. "The City of Palm Springs, its officials, employees, and agents are named as an additional insured... " ("as respects City of Palm Springs Contract No. " or 'for any and all work performed with the City"may be included in this statement). 2. "This insurance is primary and non-contributory over any insurance or self- insurance the City may have..." ("as respects City of Palm Springs Contract Na" or 'for any and all work performed with the City" may be included in this statement). 3. "Should any of the above described-policies be canceled before the expiration date thereof, the issuing company will mail 30 days written notice to the Certificate Holder named." Language such as, "endeavor to" mail and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representative" is not acceptable and must be crossed out. 20 Revised:6/16110 '_(1i941 4. Both the Workers' Compensation and Employers' Liability policies shall contain the insurer's waiver of subrogation in favor of City, its elected officials, officers, employees, agents, and volunteers. In addition to the endorsements listed above, the City of Palm Springs shall be named the certificate holder on the policies. All certificates of insurance and endorsements are to be received and approved by the City before work commences. All certificates of insurance must be authorized by a person with authority to bind coverage, whether that is the authorized agent/broker or insurance underwriter. Failure to obtain the required documents prior to the commencement of work shall not waive the Consultant's obligation to provide them. 7. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City prior to commencing any work or services under this Agreement. At the option of the City, either (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions with respect to the City, its elected officials, officers, employees, agents, and volunteers; or (2) Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses. Certificates of Insurance must include evidence of the amount of any deductible or self-insured retention under the policy. Consultant guarantees payment of all deductibles and self-insured retentions. 8. Severability of Interests (Separation of Insureds). This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the limits of the insurer's liability. 21 Revised:6/16110 7^_0599J