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'``F°a"� City Council Staff Report
DATE: July 15, 2015 CONSENT CALENDAR
SUBJECT: APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH
ESGIL CORPORATION, A CALIFORNIA CORPORATION, FOR "ON
CALL" BUILDING PLAN CHECK SERVICES; AND APPROVAL OF
AMENDMENT NO. 2 TO THE PROFESSIONAL SERVICES
AGREEMENT WITH RKA CONSULTING, INC., A CALIFORNIA
CORPORATION, FOR "ON CALL" BUILDING PLAN CHECK SERVICES.
FROM: David H. Ready, City Manager
BY: Office of the City Manager
SUMMARY
The City Council will be considering approval of the updated Comprehensive Fee
Schedule which, if approved, incorporates new fees for building plan review services.
Accordingly, this item will approve revisions to the City's professional services
agreements with its consultants providing plan review services for the Building
Department to reflect the new fee schedule.
RECOMMENDATION:
1) Terminate Agreement No. 2683 with Esgil Corporation, a California corporation,
effective September 13, 2015, and Approve Agreement No. with Esgil
Corporation, a California corporation, for "On-Call" Building Plan Review Services for
an initial term through June 30, 2018, subject to two additional one year extensions
approved at the discretion of the City Manager; and
2) Approve Amendment No. 2 to Agreement No. 6208 with RKA Consulting Group,
Inc., a California corporation, for "On-Call" Building Plan Review Services; and
3) Authorize the City Manager to execute all necessary documents.
STAFF ANALYSIS:
As part of the City Council's separate review and approval of the 2015/16 Fiscal Year
budget is consideration of the approval of a new Comprehensive Fee Schedule which, if
approved, incorporates new fees for building plan review services. Currently, the City
ITEM NO. I Y)
City Council Staff Report
July 15, 2015-- Page 2
Building Plan Review Service Agreements
charges building plan review fees at 65% of the applicable building permit fee charged,
which is entirely based on the valuation of the building construction that is the subject of
the permit. The valuation of building construction is an estimate derived from valuation
multipliers published by the International Code Council (ICC) in Building Standards, or
from the architect (or owner or contractor) preparing the building plans, or as required
by the Building Official. Identifying the value of the construction can be somewhat
subjective, and may not accurately reflect the final valuation of the construction
completed; however, the valuation basis has been used as the basis for determining
building fees by most local agencies, including Palm Springs, for decades.
As an example, the City currently charges a building permit fee that varies on the basis
of the building valuation, as shown in Table 1:
Table 1 — Current Fees
Valuation Building Permit Plan Review Fee
65/o of Permit
$50,000 $715.11 $464.82
$100,000 $1,103.91 $717.54
$500,000 $3,592.24 $2,334.96
$1,000,000 $6,230.51 $4,049.83
The City has relied on third party consultants to provide the development community
with plan review services. Currently, the City has agreements with two firms for building
plan review services, Esgil Corporation and RKA Consulting Group, Inc. The vast
majority of the City's building plan review services are provided by Esgil Corporation
through a professional services agreement approved by the City Council on March 15,
1989, (Agreement No. 2683), through adoption of Resolution No. 16713. Unlike most of
the City's professional services agreements, Agreement No. 2683 with Esgil
Corporation has no term, and has continued in effect at the discretion of both parties
subject to a 30-day cancellation notice.
In an effort to have multiple sources of building plan review services, on April 3, 2012,
the City Manager approved a professional services agreement with RKA Consulting
Group, Inc., (Agreement No. 6208), for an amount not to exceed $24,000. Recently, on
February 4, 2015, the City Council approved Amendment No. 1, to extend the term of
the agreement through February 28, 2018.
Each of these agreements currently reflects compensation for building plan review
services at 80% of the fees charged by the City, which is based on building valuation as
discussed herein this report. To the extent that the City Council approves the
Comprehensive Fee Schedule as part of its consideration of the 2015/16 fiscal year
budget, the fee schedule will incorporate a new methodology for charging building
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City Council Staff Report
July 15, 2015-- Page 3
Building Plan Review Service Agreements
permit fees separate from building plan review fees, no longer based subjectively on
building valuation. Staff is recommending that building plan review fees be identified on
a specific schedule of fees, with fees associated with each building occupancy and
construction type. As an example, for a custom single family residential home, under
the current valuation-based fee schedule, assuming $1,000,000 value, the building
permit and plan review fees are shown in Table 2:
Table 2 — Fee Example Current Fees
Valuation Building Permit Plano Review Fee Total Fees
65/o of Permit
$1,000,000 $6,230.51 $4,049.83 $10,280.34
Implementation of the new Comprehensive Fee Schedule will incorporate fixed fees for
building permits and plan review fees. The building permit fee for a single family
residential building is proposed as a fixed fee of $1,105 for up to 1,200 square feet, plus
$101 per each additional 100 square feet. A separate building plan review fee is also
established based on building size and type of construction. As an example, for the
custom single family residential home with 6,500 square feet and Type 1 B construction,
the building permit and plan review fees are shown in Table 3:
Table 3 — Fee Example New Fees
Building Type/Size Building Permit Plan Review Fee Total Fees
R-3; 6,500 SF $6,458 $2,647 $9,105
In this example, total building fees are reduced approximately 13%, with the building
plan review fee reduced approximately 35%.
In lieu of an amendment to the current agreement with Esgil Corporation dating back to
1989, staff is recommending that the City Council terminate the current agreement
(Agreement No. 2683) and approve a new standard form professional services
agreement with Esgil Corporation, implementing the new building plan review fee
schedule, as well as a defined term of three years with two additional years to be
extended at the City's option. These terms are consistent with all other professional
services agreements recently approved by the City Council. A copy of the proposed
agreement with Esgil Corporation is included as Attachment 1.
Staff is recommending that the City Council approve Amendment No. 2 to the
professional services agreement with RKA Consulting Group, Inc., to implement the
new building plan review fee schedule, and to clarify the intent of the agreement is to
establish a budget of $24,000 annually through the term of the agreement which
extends through February 2018. A copy of the proposed amendment to the agreement
with RKA Group Consulting, Inc., is included as Attachment 2.
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City Council Staff Report
July 15. 2015-- Page 4
Building Plan Review Service Agreements
ENVIRONMENTAL IMPACT:
The requested City Council action is not a `Project' as defined by the California
Environmental Quality Act (CEQA). Pursuant to Section 15378(a), a 'Project' means the
whole of an action, which has a potential for resulting in either a direct physical change
in the environment, or a reasonably foreseeable indirect physical change in the
environment. According to Section 15378(b), a Project does not include: (5)
Organizational or administrative activities of governments that will not result in direct or
indirect physical changes in the environment.
FISCAL IMPACT:
Approval of the recommended actions will not result in any direct fiscal impact to the
City; for all building plan review services, the on-call agreements are implemented on a
pass-through basis, whereby the City collects building plan review fees from a
developer sufficient to cover the fees to be paid to the consultant.
SUBMITTED:
Prepared by: Approved by:
Wtq
Marcus L. Fuller, MPA, P.E., P.L.S. David H. Ready, EsG{ . .
Assistant City Manager/City Engineer City Manager
Attachments:
1 . Esgil Corporation Agreement
2. RKA Consulting Group Amendment
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ATTACHMENT 1
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CITY OF PALM SPRINGS
PROFESSIONAL SERVICES AGREEMENT
"ON-CALL" BUILDING PLAN REVIEW SERVICES
THIS PROFESSIONAL SERVICES AGREEMENT (hereinafter "Agreement") is made and
entered into, to be effective this _ day of 2015, by and between the CITY OF PALM
SPRINGS, a California charter city and municipal corporation, (hereinafter referred to as "City')
and EsGil Corporation, a California corporation, (hereinafter referred to as "Consultant"). City and
Consultant are sometimes hereinafter individually referred to as "Party" and are hereinafter collectively
referred to as the "Parties."
RECITALS
A. City has determined that there is a continuing need for As-Needed, "On-Call" Building
Plan Review Services for a variety of future residential and commercial projects, (hereinafter the
"Project").
B. Consultant has previously provided "On-Call" Building Plan Review Services for the
City's Building & Safety Department, pursuant to the terms of Agreement No. 2683 approved March 15,
1989.
C. Consultant is qualified by virtue of its experience, training, education, reputation, and
expertise to provide these services and has agreed to provide such services as provided herein.
D. City desires to retain Consultant to continue providing such professional services
pursuant to the terms of this Agreement, which shall supersede and replace Agreement No. 2683.
NOW, THEREFORE, in consideration of the promises and mutual obligations, covenants, and
conditions contained herein, and other valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, the Parties agree as follows:
1.0 SERVICES OF CONTRACTOR
1.1 Scope of Services. In compliance with all terms and conditions of this Agreement,
Consultant agrees to perform the professional services set forth in the Scope of Services described in
Exhibit 'A" which is attached hereto and is incorporated herein by reference (hereinafter referred to as
the "Services" or "Work"). As a material inducement to the City entering into this Agreement,
Consultant represents and warrants that this Agreement requires specialized skills and abilities and is
consistent with this understanding, Consultant is a provider of first class work and professional services
and that Consultant is experienced in performing the Work and Services contemplated herein and, in
light of such status and experience, Consultant covenants that it shall follow the highest professional
standards in performing the Work and Services required hereunder. For purposes of this Agreement,
the phrase "highest professional standards" shall mean those standards of practice recognized as high
quality among well-qualified and experienced professionals performing similar work under similar
circumstances.
1.2 Contract Documents. The Agreement between the Parties shall consist of the
following: (1) this Agreement, (2) the Scope of Services; and, (3) the Consultant's signed, original
proposal submitted to the City ("Consultant's Proposal"), (collectively referred to as the "Contract
Documents"). The Consultant's Proposal is attached as Exhibit "B" and is incorporated by reference
and are made a part of this Agreement. The Scope of Services shall include the Consultant's Proposal.
All provisions of the Scope of Services, the City's Request for Proposals and the Consultant's Proposal
shall be binding on the Parties. Should any conflict or inconsistency exist in the Contract Documents,
the conflict or inconsistency shall be resolved by applying the provisions in the highest priority
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document, which shall be determined in the following order of priority: (1") the terms of this Agreement;
(2°d) the provisions of the Scope of Services (Exhibit "A"); and, (3") the provisions of the Consultant's
Proposal (Exhibit"B").
1.3 Compliance with Law. Consultant warrants that all Services rendered hereunder shall
be performed in accordance with all applicable federal, state, and local laws, statutes, and ordinances
and all lawful orders, rules, and regulations promulgated thereunder, including without limitation all
applicable Cal/OSHA requirements.
1.4 Licenses, Permits, Fees and Assessments. Consultant represents and warrants to
City that it has obtained all licenses, permits, qualifications, and approvals of whatever nature that are
legally required to practice its profession and perform the Work and Services required by this
Agreement. Consultant represents and warrants to City that Consultant shall, at its sole cost and
expense, keep in effect at all times during the term of this Agreement, any license, permit, qualification,
or approval that is legally required for Consultant to perform the Work and Services under this
Agreement. Consultant 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
Consultant's performance of the Work and 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 Agreement, Consultant warrants that
Consultant (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 understands the facilities,
difficulties, and restrictions attending performance of the Services under this Agreement. If the
Services involve work upon any site, Consultant warrants that Consultant has or will investigate the site
and is or will be fully acquainted with the conditions there existing, prior to commencement of any
Services hereunder. Should the Consultant discover any latent or unknown conditions that will
materially affect the performance of the Services hereunder, Consultant shall immediately inform the
City of such fact and shall not proceed except at Consultant's risk until written instructions are received
from the City.
1.6 Care of Work. Consultant shall adopt reasonable methods during the term 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 the 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.
1.8 Performance of Services. City Manager, as provided in Section 2.1 of this Agreement,
shall have the right at any time during the term of this Agreement to order the performance of services
as generally described in the Scope of Services to perform extra or additional work beyond that
specified in the Scope of Services or make changes by altering, adding to, or deducting from such
Work. No Work may be undertaken unless a written order is first given by the City Manager or the City
Engineer to the Consultant, incorporating therein the identification and description of the Work to be
performed, a maximum or not to exceed amount for such Work, and the time to perform the Work.
1.9 Unauthorized Aliens. Consultant hereby represents and warrants that it will comply
with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. §§1101, et seq., as
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amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should
Consultant so employ such unauthorized aliens for the performance of any work and/or services under
this Agreement, and should any liability or sanctions be imposed against City for such use of
unauthorized aliens, Consultant hereby agrees to reimburse City for any and all liabilities, actions, suits,
claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands,
orders, or penalties which arise out of or are related to such employment, together with any and all
costs, including attorneys' fees, incurred by City.
2.0 COMPENSATION
2.1 Maximum Contract Amount. City and Consultant hereby acknowledge and agree that
the scope of services required by this Agreement will vary dependent upon the number, type, and
extent of the services or work the Consultant shall provide; and no guarantee of the extent or the type
of services required of Consultant under the terms of this Agreement is made by the City. The annual
level of services required by this Agreement is unknown, and may significantly increase or decrease
from year to year. In acknowledgement of the fact that the number and type of projects requiring the
Consultant's services has not been identified for this contract, City and Consultant hereby acknowledge
and agree that a specific "Maximum Contract Sum" shall be imposed on each separate project that the
City may assign Consultant as provided in Section 1.8 and in this Section 2.1. Each such separate
project shall be identified as a Task Order or a Purchase Order authorized by the City Engineer or the
City Manager as provided in this Section 2.1. For the services rendered pursuant to this Agreement,
the Consultant 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 for
time and materials based upon the Consultant's Schedule of Hourly Billing Rates as shown on Exhibit
"C", or (iii) 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 Consultant
at all project meetings reasonably deemed necessary by the City; Consultant shall not be entitled to
any additional compensation for attending said meetings. Consultant 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 Consultant anticipates, and that Consultant shall not be entitled to additional
compensation therefore.
It is expressly agreed that the maximum contract amount of this Agreement is undefined, and is subject
to the number and type of projects requiring the Consultant's services throughout the duration of the
term of this Agreement, if any. Consultant shall be entitled to compensation in accordance with
separate City authorized "Task Orders" (Purchase Orders) with corresponding Not-to-Exceed payment
amounts established pursuant to the Consultant's Schedule of Hourly Billing Rates as shown on Exhibit
"C". Consultant's compensation shall be limited to the amount identified on each separate, individually
authorized Task Order corresponding to a project requiring the services of the Consultant.
By approval of this Agreement, the City Council hereby authorizes the subsequent approval of
individual Task Orders (Purchase Orders) in those amounts sufficient to cover the cost of required
professional services (pursuant to Exhibit "C"). The City Council authorizes the City Manager to
approve Task Orders (Purchase Orders)for any amount in excess of$25,000, insofar as the cost of the
services authorized by any Task Order (Purchase Order) pursuant to this Agreement is encumbered
from funds received as revenue for building permits.
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2.2 Method of Payment. Unless some other method of payment is specified in the
Schedule of Compensation (Exhibit "C"), in any month in which Consultant wishes to receive payment,
no later than the tenth (10) working day of such month, Consultant shall submit to the City, in a form
approved by the City's Finance Director, an invoice for services rendered prior to the date of the
invoice. Such requests shall be based upon the amount and value of the services performed by
Consultant and accompanied by such reporting data including an itemized breakdown of all costs
incurred and tasks performed during the period covered by the invoice, as may be required by the City.
City shall use reasonable efforts to make payments to Consultant within forty-five (45) days after receipt
of the invoice or a soon thereafter as is reasonably practical. There shall be a maximum of one
payment per month.
2.3 Changes in Scope. In the event any change or changes in the Scope of Services is
requested by the City, the Parties shall execute a written amendment to this Agreement, setting forth
with particularity all terms of such amendment, including, but not limited to, any additional professional
fees. An amendment may be entered into: (a) to provide for revisions or modifications to documents or
other work product or work when documents or other work product or work is required by the
enactment or revision of law subsequent to the preparation of any documents, other work product, or
work; and/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.
2.4 Appropriations. This Agreement is subject to and contingent upon funds being
appropriated therefore by the Palm Springs City Council for each fiscal year covered by the Agreement.
If such appropriations are not made, the City Manager may terminate this Agreement as provided in
Section 8.3 of this Agreement; otherwise, there shall be no funding for any work or services and
Consultant shall not be entitled to payment for any work or services that Consultant may provide.
3. SCHEDULE OF PERFORMANCE
3.1 Time of Essence. Time is of the essence in the performance of this Agreement. 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 for each Task Order.
3.2 Schedule of Performance. Consultant 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. When requested by Consultant, extensions to
the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract
Officer, but such extensions shall not exceed one hundred eighty (180) days cumulatively; however, the
City shall not be obligated to grant such an extension.
3.3 Force Maieure. 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
Consultant (financial inability excepted), including, but not limited to, acts of God or of the public enemy,
unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes,
freight embargoes, wars, and/or acts of any governmental agency, including the City, if Consultant,
within ten (10) days of the commencement of such delay, notifies the City Manager in writing of the
causes of the delay. The City Manager 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
City Manager such delay is justified. The City Manager's determination shall be final and conclusive
upon the Parties to this Agreement. In no event shall Consultant be entitled to recover damages
against the City for any delay in the performance of this Agreement, however caused, Consultant's sole
remedy being extension of the Agreement pursuant to this section.
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3.4 Term. Unless earlier terminated under the terms of this Agreement, this Agreement
shall commence September 13, 2015, and continue in full force and effect for an initial term of three (3)
years ending on June 30, 2018. At the sole discretion of the City Manager, upon written notice to
Consultant and mutual agreement, the term of this Agreement may be extended for two (2) additional
one (1) year terms.
4. COORDINATION OF WORK
4.1 Representative of Consultant. The following principal of Consultant is hereby
designated as being the principal and representative of Consultant authorized to act in its behalf with
respect to the Services to be performed under this Agreement and make all decisions in connection
therewith: Kurt Culver, CE, SE. It is expressly understood that the experience, knowledge, education,
capability, expertise, 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 performed hereunder. The foregoing principal may not be changed by Consultant without
prior written approval of the Contract Officer.
4.2 Contract Officer. The Contract Officer shall be such person as may be designated by
the City Manager of City, and is subject to change by the City Manager. It shall be the Consultant's
responsibility to ensure that the Contract Officer is kept fully informed of the progress of the
performance of the Services, and the Consultant 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 Assignments. The experience, knowledge,
capability, expertise, and reputation of Consultant, its principals and employees, were a substantial
inducement for City to enter into this Agreement. Therefore, Consultant shall not assign the
performance of this Agreement, nor any part thereof, nor any monies due hereunder, voluntarily or by
operation of law, without the prior written consent of City. Consultant shall not contract with any other
entity to perform the Services required under this Agreement without the prior written consent of City. If
Consultant is permitted to subcontract any part of this Agreement by City, Consultant shall be
responsible to City for the acts and omissions of its subcontractor(s) in the same manner as it is for
persons directly employed. Nothing contained in this Agreement shall create any contractual
relationships between any subcontractor and City. All persons engaged in the Work will be considered
employees of Consultant. City will deal directly with and will make all payments to Consultant. 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 consent 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 Consultant, 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 Consultant or any surety of Consultant
from any liability hereunder without the express written consent of City.
4.4 Independent Contractor.
A. The legal relationship between the Parties is that of an independent contractor,
and nothing herein shall be deemed to make Consultant a City employee. During the performance of
this Agreement, Consultant and its officers, employees, and agents shall act in an independent capacity
and shall not act as City officers or employees. The personnel performing the Services under this
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Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and
control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of
Consultant or any of its officers, employees, or agents, except as set forth in this Agreement.
Consultant, its officers, employees, or agents shall not maintain an office or any other type of fixed
business location at City's offices. City shall have no voice in the selection, discharge, supervision, or
control of Consultant's employees, servants, representatives, or agents, or in fixing their number,
compensation, or hours of service. Consultant shall pay all wages, salaries, and other amounts due its
employees in connection with this Agreement and shall be responsible for all reports and obligations
respecting them, including but not limited to social security income tax withholding, unemployment
compensation, workers' compensation, and other similar matters. City shall not in any way or for any
purpose be deemed to be a partner of Consultant in its business or otherwise a joint venturer or a
member of any joint enterprise with Consultant.
B. Consultant shall not incur or have the power to incur any debt, obligation, or
liability against City, or bind City in any manner.
C. No City benefits shall be available to Consultant, its officers, employees, or
agents in connection with any performance under this Agreement. Except for professional fees paid to
Consultant as provided for in this Agreement, City shall not pay salaries, wages, or other compensation
to Consultant for the performance of Services under this Agreement. City shall not be liable for
compensation or indemnification to Consultant, its officers, employees, or agents, for injury or sickness
arising out of performing Services hereunder. If for any reason any court or governmental agency
determines that the City has financial obligations, other than pursuant to Section 2 and Subsection 1.8
herein, of any nature relating to salary, taxes, or benefits of Consultant's officers, employees, servants,
representatives, subcontractors, or agents, Consultant shall indemnify City for all such financial
obligations.
5. INSURANCE
5.1 Types of Insurance. Consultant shall procure and maintain, at its sole cost and
expense, in a form and content satisfactory to City, the insurance described herein for the duration of
this Agreement, including any extension thereof, or as otherwise specified herein, against claims which
may arise from or in connection with the performance of the Work hereunder by Consultant, its agents,
representatives, or employees. 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
Consultant agrees that the minimum limits of the insurance policies may be changed accordingly upon
receipt of written notice from the City Manager or his designee. Consultant shall immediately substitute
any insurer whose A.M. Best rating drops below the levels specified herein. Except as otherwise
authorized below for professional liability (errors and omissions) insurance, all insurance provided
pursuant to this Agreement shall be on an occurrence basis. The minimum amount of insurance
required hereunder shall be as follows:
A. Errors and Omissions Insurance. Consultant shall obtain and maintain in full
force and effect throughout the term of this Agreement, standard industry form professional liability
(errors and omissions) insurance coverage in an amount of not less than one million dollars
($1,000,000.00) per occurrence and two-million dollars ($2,000,000.00) annual aggregate, in
accordance with the provisions of this section.
(1) Consultant shall either: (a) certify in writing to the City that Consultant is
unaware of any professional liability claims made against Consultant and is unaware of any facts which
may lead to such a claim against Consultant; or (b) if Consultant does not provide the certification
pursuant to (a), Consultant shall procure from the professional liability insurer an endorsement
providing that the required limits of the policy shall apply separately to claims arising from errors and
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omissions in the rendition of services pursuant to this Agreement.
(2) If the policy of insurance is written on a "claims made' basis, the policy shall
be continued in full force and effect at all times during the term of this Agreement, and for a period of
three (3) years from the date of the completion of the Services provided hereunder. In the event of
termination of the policy during this period, Consultant shall obtain continuing insurance coverage for
the prior acts or omissions of Consultant during the course of performing Services under the terms of
this Agreement. The coverage shall be evidenced by either a new policy evidencing no gap in
coverage, or by obtaining separate extended "tail" coverage with the present or new carrier or other
insurance arrangements providing for complete coverage, either of which shall be subject to the written
approval by the City Manager.
(3) In the event the policy of insurance is written on an "occurrence" basis, the
policy shall be continued in full force and effect during the term of this Agreement, or until completion of
the Services provided for in this Agreement, whichever is later. In the event of termination of the policy
during this period, new coverage shall immediately be obtained to ensure coverage during the entire
course of performing the Services under the terms of this Agreement.
B. Workers' Compensation Insurance. Consultant shall obtain and maintain, in full
force and effect throughout the term of this Agreement, workers' compensation insurance in at least the
minimum statutory amounts, and in compliance with all other statutory requirements, as required by the
State of California. Consultant agrees to waive and obtain endorsements from its workers'
compensation insurer waiving subrogation rights under its workers' compensation insurance policy
against the City and to require each of its subcontractors, if any, to do likewise under their workers'
compensation insurance policies. If Consultant has no employees, Consultant shall complete the City's
Request for Waiver of Workers' Compensation Insurance Requirement form.
C. Commercial General Liability Insurance. Consultant shall obtain and maintain, in
full force and effect throughout the term of this Agreement, a policy of commercial general liability
insurance written on a per occurrence basis with a combined single limit of at least one million dollars
($1,000,000.00) and two million dollars ($2,000,000.00) general aggregate for bodily injury and property
damage including coverages for contractual liability, personal injury, independent contractors, broad
form property damage, products and completed operations.
D. Business Automobile Insurance. Consultant shall obtain and maintain, in full
force and effect throughout the term of this Agreement, a policy of business automobile liability
insurance written on a per occurrence basis with a single limit liability in the amount of one million
dollars ($1,000,000.00) bodily injury and property damage. The policy shall include coverage for
owned, non-owned, leased, and hired cars.
E. Employer Liability Insurance. Consultant shall obtain and maintain, in full force
and effect throughout the term of this Agreement, a policy of employer liability insurance written on a
per occurrence basis with a policy limit of at least one million dollars ($1,000,000.00)for bodily injury or
disease.
5.2 Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions
must be declared to and approved by the City Manager prior to commencing any work or services
under this Agreement. Consultant guarantees payment of all deductibles and self-insured retentions.
City reserves the right to reject deductibles or self-insured retentions in excess of$10,000, and the City
Manager may require evidence of pending claims and claims history as well as evidence of
Consultant's ability to pay claims for all deductible amounts and self-insured retentions proposed in
excess of$10,000.
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5.3 Other Insurance Requirements. The following provisions shall apply to the insurance
policies required of Consultant pursuant to this Agreement:
5.3.1 For any claims related to this Agreement, Consultant's coverage shall be primary
insurance as respects City and its officers, council members, officials, employees,
agents, and volunteers. Any insurance or self-insurance maintained by the City and its
officers, council members, officials, employees, agents, and volunteers shall be in
excess of Consultant's insurance and shall not contribute with it.
5.3.2 Any failure to comply with reporting or other provisions of the policies, including
breaches of warranties, shall not affect coverage provided to City and its officers, council
members, officials, employees, agents, and volunteers.
5.3.3 All insurance coverage and limits provided by Consultant and available or applicable to
this Agreement are intended to apply to each insured, including additional insureds,
against whom a claim is made or suit is brought to the full extent of the policies. Nothing
contained in this Agreement or any other agreement relating to the City or its operations
shall limit the application of such insurance coverage.
5.3.4 None of the insurance coverages required herein will be in compliance with these
requirements if they include any limiting endorsement which substantially impairs the
coverages set forth herein (e.g., elimination of contractual liability or reduction of
discovery period), unless the endorsement has first been submitted to the City Manager
and approved in writing.
5.3.5 Consultant agrees to require its insurer to modify insurance endorsements to delete any
exculpatory wording stating that failure of the insurer to mail written notice of cancellation
imposes no obligation, or that any party will "endeavor' (as opposed to being required)
to comply with the requirements of the endorsements. Certificates of insurance will not
be accepted in lieu of required endorsements, and submittal of certificates without
required endorsements may delay commencement of the Project. It is Consultant's
obligation to ensure timely compliance with all insurance submittal requirements as
provided herein.
5.3.6 Consultant agrees to ensure that subcontractors, and any other parties involved with the
Project who are brought onto or involved in the Project by Consultant, provide the same
minimum insurance coverage required of Consultant. Consultant agrees to monitor and
review all such coverage and assumes all responsibility for ensuring that such coverage
is provided in conformity with the requirements of this section. Consultant agrees that
upon request, all agreements with subcontractors and others engaged in the Project will
be submitted to the City for review.
5.3.7 Consultant acknowledges and agrees that any actual or alleged failure on the part of the
City to inform Consultant of non-compliance with any insurance requirement in no way
imposes any additional obligations on the City nor does it waive any rights hereunder in
this or any other regard.
5.3.8 Consultant shall provide proof that policies of insurance required herein expiring during
the term of this Agreement have been renewed or replaced with other policies providing
at least the same coverage. Proof that such coverage has been ordered shall be
submitted prior to expiration. Endorsements as required in this Agreement applicable to
the renewing or new coverage shall be provided to City no later than ten (10) days prior
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to expiration of the lapsing coverage.
5.3.9 Requirements of specific insurance coverage features or limits contained in this section
are not intended as limitations on coverage, limits, or other requirements nor as a waiver
of any coverage normally provided by any given policy. Specific reference to a given
coverage feature is for purposes of clarification only as it pertains to a given issue, and is
not intended by any party or insured to be limiting or all-inclusive.
5.3.10 The requirements in this section supersede all other sections and provisions of this
Agreement to the extent that any other section or provision conflicts with or impairs the
provisions of this section.
5.3.11 Consultant agrees to provide immediate notice to City of any claim or loss against
Consultant arising out of the Work performed under this Agreement and for any other
claim or loss which may reduce the insurance available to pay claims arising out of this
Agreement. City assumes no obligation or liability by such notice, but has the right (but
not the duty) to monitor the handling of any such claim or claims if they are likely to
involve City, or to reduce or dilute insurance available for payment of potential claims.
5.3.12 Consultant agrees that the provisions of this section shall not be construed as limiting in
any way the extent to which the Consultant may be held responsible for the payment of
damages resulting from the Consultant's activities or the activities of any person or
person for which the Consultant is otherwise responsible.
5.4 Sufficiency of Insurers. Insurance required herein 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 such
requirements are waived in writing by the City Manager or his designee due to unique circumstances.
5.5 Verification of Coverage. Consultant shall furnish City with both certificates of
insurance and endorsements, including additional insured endorsements, affecting 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 No._" 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, ten (10)
days' notice if cancellation is due to nonpayment of premium." Language such as, "endeavor to" mail
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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.
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.
6. INDEMNIFICATION
6.1 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 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
negligence, recklessness or willful misconduct in its 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.
6.2 Design 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.
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B. Consultant shall reimburse the Indemnified Parties for any reasonable expenditures,
including reasonable attorneys' fees, expert fees, litigation costs, and expenses that each Indemnified
Party may incur by reason of Indemnified Claims. Upon request by an Indemnified Party, Consultant
shall defend with legal counsel reasonably acceptable to the Indemnified Party all Claims against the
Indemnified Party that may arise out of, pertain to, or relate to Indemnified Claims, whether or not
Consultant is named as a party to the Claim proceeding. The determination whether a Claim "may arise
out of, pertain to, or relate to Indemnified Claims' shall be based on the allegations made in the Claim
and the facts known or subsequently discovered by the Parties. Consultant's indemnification obligation
hereunder shall survive the expiration or earlier termination of this Agreement until all actions against
the Indemnified Parties for such matters indemnified hereunder are fully and finally barred by the
applicable statute of limitations or, if an action is timely filed, until such action is final.
C. The Consultant shall require all non-design-profession 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 6.1 in favor of the
Indemnified Parties. In additions, 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.
7. REPORTS AND RECORDS
7.1 Accounting 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 to 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.
7.2 Reports. Consultant 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. Consultant hereby acknowledges that the City is greatly concerned about the cost of the
Work and Services to be performed pursuant to this Agreement. For this reason, Consultant agrees
that if Consultant 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 Consultant
is providing design services, the cost of the project being designed, Consultant shall promptly notify the
Contract Officer of such fact, circumstance, technique, or event and the estimated increased or
decreased cost related thereto and, if Consultant is providing design services, the estimated increased
or decreased cost estimate for the project being designed.
7.3 Ownership of Documents. All drawings, specifications, reports, records, documents,
memoranda, correspondence, computations, and other materials prepared by Consultant, its
employees, subcontractors, and agents in the performance of this Agreement shall be the property of
City and shall be promptly delivered to City upon request of the Contract Officer or upon the termination
of this Agreement, and Consultant shall have no claim for further 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
incomplete documents without specific written authorization by the Consultant will be at the City's sole
risk and without liability to Consultant, and the City shall indemnify the Consultant for all damages
resulting therefrom. Consultant may retain copies of such documents for its own use. Consultant shall
have an unrestricted right to use the concepts embodied therein. Consultant shall ensure that all its
subcontractors shall provide for assignment to City of any documents or materials prepared by them,
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� s
and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all
damages resulting therefrom.
7.4 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. All information gained by
Consultant in the performance of this Agreement shall be considered confidential and shall not be
released by Consultant without City's prior written authorization.
7.5 Audit and Inspection of Records. After receipt of reasonable notice and during the
regular business hours of City, Consultant shall provide City, or other agents of City, such access to
Consultant's books, records, payroll documents, and facilities as City deems necessary to examine,
copy, audit, and inspect all accounting books, records, work data, documents, and activities directly
related to Consultant's performance under this Agreement. Consultant shall maintain such books,
records, data, and documents in accordance with generally accepted accounting principles and shall
clearly identify and make such items readily accessible to such parties during the term of this
Agreement and for a period of three (3) years from the date of final payment by City hereunder.
8. ENFORCEMENT OF AGREEMENT
8.1 California Law and Venue. This Agreement shall be construed and interpreted both as
to validity and as 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.
8.2 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 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.
8.3 Termination. City may terminate this Agreement for its convenience at any time,
without cause, in whole or in part, upon giving Consultant thirty (30) days written notice. Upon such
notice, City shall pay Consultant for Services performed through the date of termination. Upon receipt
of such notice, Consultant shall immediately cease all work under this Agreement, unless the notice
provides otherwise. Thereafter, Consultant shall have no further claims against the City under this
Agreement. Upon termination of the Agreement pursuant to this section, Consultant shall submit to the
City an invoice for work and services performed prior to the date of termination. In addition, the
Consultant reserves the right to terminate this Agreement at any time, with or without cause, upon sixty
(60) days written notice to the City, except that where termination is due to material default by the City,
the period of notice may be such shorter time as the Consultant may determine.
8.4 Default of Consultant.
A. Consultant's failure to comply with any provision of this Agreement shall
constitute a default.
B. If the City Manager, or his designee, determines that Consultant is in default in
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the performance of any of the terms or conditions of this Agreement, he/she shall notify Consultant in
writing of such default. Consultant shall have ten (10) days, or such longer period as City may
designate, to cure the default by rendering satisfactory performance. In the event Consultant fails to
cure its default within such period of time, City shall have the right, notwithstanding any other provision
of this Agreement, to terminate this Agreement without further notice and without prejudice of any
remedy to which City may be entitled at law, in equity, or under this Agreement. Consultant shall be
liable for any and all reasonable costs incurred by City as a result of such default. Compliance with the
provisions of this section shall not constitute a waiver of any City right to take legal action in the event
that the dispute is not cured, provided that nothing herein shall limit City's right to terminate this
Agreement without cause pursuant to Section 8.3.
C. If termination is due to the failure of the Consultant to fulfill its obligations under
this Agreement, City may, after compliance with the provisions of Section 8.4.13, take over the work and
prosecute the same to completion by contract or otherwise, and the Consultant shall be liable to the
extent that the total cost for completion of the Services required hereunder exceeds the Maximum
Contract Amount (provided that the City shall use reasonable efforts to mitigate such damages), and
City may withhold any payments to the Consultant for the purpose of set-off or partial payment of the
amounts owed the City as previously stated. The withholding or failure to withhold payments to
Consultant shall not limit Consultant's liability for completion of the Services as provided herein.
8.5 Waiver. No waiver of any provision of this Agreement shall be effective unless in writing
and signed by a duly authorized representative of the Party against whom enforcement of a waiver is
sought. Any waiver by the Parties of any default or breach of any covenant, condition, or term
contained in this Agreement, shall not be construed to be a waiver of any subsequent or other default
or breach, nor shall failure by the Parties to require exact, full, and complete compliance with any of the
covenants, conditions, or terms contained in this Agreement be construed as changing the terms of this
Agreement in any manner or preventing the Parties from enforcing the full provisions hereof.
8.6 Rights and Remedies 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.
8.7 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.
8.8 Attorney Fees. In the event any dispute between the Parties with respect to this
Agreement results in litigation or any non-judicial proceeding, the prevailing Party shall be entitled, in
addition to such other relief as may be granted, to recover from the non-prevailing Party all reasonable
costs and expenses, including but not limited to reasonable attorney fees, expert consultant fees, court
costs and all fees, costs, and expenses incurred in any appeal or in collection of any judgment entered
in such proceeding. To the extent authorized by law, in the event of a dismissal by the plaintiff or
petitioner of the litigation or non-judicial proceeding within thirty (30) days of the date set for trial or
hearing, the other Party shall be deemed to be the prevailing Party in such litigation or proceeding.
9. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
9.1 Non-liability of City Officers and Employees. No officer or employee of the City shall
be personally liable to the Consultant, or any successor-in-interest, in the event of any default or breach
by the City or for any amount which may become due to the Consultant or to its successor, or for
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breach of any obligation of the terms of this Agreement.
9.2 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 officer or 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/she is, directly or indirectly, interested in violation of any state
statute or regulation. Consultant warrants that it 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.
9.3 Covenant Against Discrimination. In connection with its performance under this
Agreement, Consultant shall not discriminate against any employee or applicant for employment
because of race, religion, color, sex, age, marital status, ancestry, or national origin. Consultant shall
ensure that applicants are employed, and that employees are treated during their employment, without
regard to their race, religion, color, sex, age, marital status, ancestry, or national origin. Such actions
shall include, but not be limited to, the following: employment, upgrading, demotion or transfer;
recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of
compensation; and selection for training, including apprenticeship.
10. MISCELLANEOUS PROVISIONS
10.1 Patent and Copyright Infringement.
A. To the fullest extent permissible under law, and in lieu of any other warranty by
City or Consultant against patent or copyright infringement, statutory or otherwise, it is agreed that
Consultant shall defend at its expense any claim or suit against City on account of any allegation that
any item furnished under this Agreement, or the normal use or sale thereof arising out of the
performance of this Agreement, infringes upon any presently existing U.S. letters patent or copyright
and Consultant shall pay all costs and damages finally awarded in any such suit or claim, provided that
Consultant is promptly notified in writing of the suit or claim and given authority, information and
assistance at Consultant's expense for the defense of same, and provided such suit or claim arises out
of, pertains to, or is related to the negligence, recklessness or willful misconduct of Consultant.
However, Consultant will not indemnify City if the suit or claim results from: (1) City's alteration of a
deliverable, such that City's alteration of such deliverable created the infringement upon any presently
existing U.S. letters patent or copyright; or (2) the use of a deliverable in combination with other
material not provided by Consultant when it is such use in combination which infringes upon an existing
U.S. letters patent or copyright.
B. Consultant shall have sole control of the defense of any such claim or suit and all
negotiations for settlement thereof, Consultant shall not be obligated to indemnify City under any
settlement made without Consultant's consent or in the event City fails to cooperate in the defense of
any suit or claim, provided, however, that such defense shall be at Consultant's expense. If the use or
sale of such item is enjoined as a result of the suit or claim, Consultant, at no expense to City, shall
obtain for City the right to use and sell the item, or shall substitute an equivalent item acceptable to City
and extend this patent and copyright indemnity thereto.
10.2 Notices. All notices or other communications required or permitted hereunder shall be
in writing, and shall be personally delivered, sent by pre-paid First Class U.S. Mail, registered or
certified mail, postage prepaid, return receipt requested, or delivered or sent by facsimile with attached
evidence of completed transmission, and shall be deemed received upon the earlier of (i) the date of
delivery to the address of the person to receive such notice if delivered personally or by messenger or
overnight courier; (ii) five (5) business days after the date of posting by the United States Post Office if
by mail; or (iii) when sent if given by facsimile. Any notice, request, demand, direction, or other
communication sent by facsimile must be confirmed within forty-eight (48) hours by letter mailed or
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delivered. Other forms of electronic transmission such as e-mails, text messages, instant messages
are not acceptable manners of notice required hereunder. Notices or other communications shall be
addressed as follows:
To City: City of Palm Springs
Attention: City Manager
3200 E. Tahquitz Canyon Way
Palm springs, California 92262
Telephone: (760) 323-8204
Facsimile: (760) 323-8332
To Consultant: EsGil Corporation
Attention: Kurt Culvert
9320 Chesapeake Drive, Suite 208
San Diego, CA, 92123
Telephone: (858) 560-1468
Facsimile: (858) 560-1576
10.3 Entire Agreement. This Agreement constitutes the entire agreement between the
Parties and supersedes all prior negotiations, arrangements, agreements, representations, and
understandings, if any, made by or among the Parties with respect to the subject matter hereof. No
amendments or other modifications of this Agreement shall be binding unless executed in writing by
both Parties hereto, or their respective successors, assigns, or grantees.
10.4 Severability. Whenever possible, each provision of this Agreement shall be interpreted
in such a manner as to be effective and valid under applicable law, but if any provision of this
Agreement shall be determined to be invalid by a final judgment or decree of a court of competent
jurisdiction, such provision shall be ineffective only to the extent of such prohibition or invalidity, without
invalidating the reminder of that provision, or the remaining provisions of this Agreement 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.
10.5 Successors in Interest. This Agreement shall be binding upon and inure to the benefit
of the Parties' successors and assignees.
10.6 Third Party Beneficiary. Except as may be expressly provided for herein, 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 hereto.
10.7 Recitals. The above-referenced Recitals are hereby incorporated into the Agreement
as though fully set forth herein and each Party acknowledges and agrees that such Party is bound, for
purposes of this Agreement, by the same.
10.8. Corporate Authority. Each of the undersigned represents and warrants that (i) the
Party for which he or she is executing this Agreement is duly authorized and existing, (ii) he or she is
duly authorized to execute and deliver this Agreement on behalf of the Party for which he or she is
signing, (iii) by so executing this Agreement, the Party for which he or she is signing 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 the Party for which he or she is signing is bound.
(SIGNATURES ON FOLLOWING PAGE)
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IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated
herein.
"CITY"
City of Palm Springs
Date: By:
David H. Ready
City Manager
APPROVED AS TO FORM: ATTEST
By: By:
Douglas C. Holland, James Thompson,
City Attorney City Clerk
APPROVED BY CITY COUNCIL:
Date: Agreement No.
Corporations require two notarized signatures. One signature must be from Chairman of Board, President, or any Vice President.
The second signature must be from the Secretary,Assistant Secretary,Treasurer,Assistant Treasurer, or Chief Financial Officer.
CONSULTANT NAME:
EsGil Corporation
9320 Chesapeake Drive, Suite 208
San Diego, CA, 92123
By By
Signature (Notarized) Signature (Notarized)
Page 16 of 16
EXHIBIT "A"
SCOPE OF SERVICES
General Scope of Services for "On-Call" Building Plan Review Services —The Consultant
shall provide first class as-needed coordination for all plan reviews of architectural, structural,
mechanical, electrical, plumbing and other associated plans (collectively "Building Plans")
submitted to the City's Building & Code Enforcement Department for permitting. The
Consultant shall provide professional services that extend the complete range of technical
disciplines, including architectural, structural engineering, electrical, plumbing, mechanical,
residential, energy conservation (Title 24), disabled access, and green building requirements.
All plans shall be reviewed and examined for compliance with the adopted version of the
California Building Code, California Residential Code, Green Building Standards Code,
California Mechanical Code, California Plumbing Code, California Electrical Code, and the
Accessibility, Noise and Energy Conservation requirements mandated by State Title 24, and all
applicable local code amendments.
END OF EXHIBIT "A"
Exhibit "A"
Page 1 of 1
22
EXHIBIT "B"
CONSULTANT'S PROPOSAL
CONSULTANT'S PROPOSAL FOLLOWS THIS PAGE
Exhibit "B°
23
EsG1* 1 Corporation
PREPARED FOR THE
CITY OF PALM SPRINGS
Proposal to Provide Plan Review Services
►LM Sq
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41FORNNP
June 4, 2015
Submitted by:
Kurt Culver, President, P.E., S.E.
EsGil Corporation
Building Safety Plan Review Services
9320 Chesapeake Drive, Suite 208 • San Diego, California 92123
858.560.1468 - 800.983.7445 • www.esgil.com
24
EsGil Corporation
Building Safety Plan Review Services
June 4, 2015
Mr. Marcus L. Fuller, MPA, PE, PLS
Assistant City Manager/City Engineer
City of Palm Springs
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Re: EsGil Corporation Proposal
Dear Mr. Fuller,
For over thirty-five years, EsGil Corporation has provided full-service plan reviews and inspections to
city, county, and state agencies throughout the state of California, including the City of Palm Springs.
By using our contract services, the City of Palm Springs has been able to provide thorough, timely,
and cost-effective building plan reviews for the benefit of the City and its citizens. We currently have
over twenty-six years of history serving the City of Palm Springs and have reviewed well over 6500
projects. During this time we have established an exceptional professional working relationship with
the City staff, local designers, builders, and residents, in addition to becoming familiar with City
ordinances, policies, and procedures. We believe that the qualifications of our organization and staff
will be the best suited in your effort to continue maintaining high quality, professional building plan
review services for your City.
If you have any questions, please contact me by phone at (858) 560-1468 or by e-mail at
keulver@esgil.com. Thank you for considering EsGil Corporation.
Sincerely,
ESGIL CORPORATION
���
Kurt Culver
President
9320 Chesapeake Drive,Suite 208 0 San Diego,California 92123 0 (858)560-1468 0 Fax(858)560-1576• www.esgil.com 25
FIRM QUALIFICATIONS
Established since 1979, EsGil Corporation is a specialized firm that offers comprehensive
and professional building plan review services exclusively to local government and state
agencies. We have over 35 years of history serving California Building Departments and
have been a valuable resource on many issues Building Officials have had to face.
At EsGil Corporation, we understand the Building Official's role. The two corporate
founders of EsGil formerly served as Director and Deputy Director of the San Diego County
Building Inspection Department. The corporation presently operates the full building
inspection departments and also serves as the Building Official for the California cities of
Del Mar, Encinitas, Lemon Grove, Poway, Santee, and Solana Beach. Responsibilities
include providing on-site staff for the public counter, building inspection, and supervision,
in addition to plan check in both the city offices and at our local office.
During our time in business, we've maintained a solid and reliable reputation throughout
the Building and Safety community. We've created strong relationships with government
agency staff, designers, and applicants, in addition to becoming familiar with ordinances,
policies, and procedures for each client.
Our company experience includes building plan reviews for over 200 jurisdictions, with
projects totaling a valuation in excess of 60 billion dollars. Past and current plan review
projects include:
• High-Rise Buildings • Hotels • Libraries
• Residential Projects • Resorts • Schools
• Tenant Improvements • Hospitals • Industrial Facilities
• Remodels • Detention Facilities • Hazardous Occupancies
• Regional Shopping Centers • Police Stations • Trash Recycling
• Sports Arenas / Stadiums • Fire Stations • Seismic Upgrades
• Masonry • City Halls • Casinos
STAFF
EsGil is committed to providing excellent personnel able to work closely and efficiently with
all City staff. We have been successful in our ability to attract, develop, and retain a quality
workforce, readily available to serve our client jurisdictions.
Through EsGil Corporation, the City will have available a depth of exceptionally trained
and qualified professionals from all engineering disciplines. Our diverse and experienced
staff allows us to be adaptable, accommodating, and attentive.
Our plan review staff includes:
• licensed structural engineers • certified building plans examiners
• licensed civil engineers • certified fire plans examiners
• licensed electrical engineers • CASp plans examiners
• mechanical engineers • LEED certified plans examiners
All EsGil plan review engineers are International Code Council (ICC) Certified and are
required to have previous experience working in government building departments.
26
Structural reviews are always performed by or under the
supervision of one of our licensed structural engineers.
S +o.w'
' In addition to their ICC Certification, all of our plan review
staff attends various training courses presented by such
building organizations as ICC and California Building
Officials (CALBO) with many of our staff members highly
sought-after to lecture, teach, and mentor. We also
provide in-house training and cross-training to staff on a
regular basis.
Our involvement and support for our local building
organizations is a priority for our company and our staff.
Kurt Culver, President of EsGil Corporation, currently
serves as a member of CALBO's Structural Safety
tr. Committee, and two other staff members have formerly
served as President of the Structural Engineers
Association of San Diego.
We are also active members of the following organizations:
International Code Council (ICC)
• International Association of Plumbing and Mechanical Officials(IAPMO)
• International Association of Electrical Inspectors(IAEI)
• American Concrete Institute (ACI)
• California Building Officials (CALBO)
• County Building Officials(CBOAC)
• Structural Engineers Association (SEAOSD)
• Structural Safety Committee
• National Fire Sprinkler Association (NFSA)
As well as serving on numerous committees for these organizations, our staff is also
involved with the California Seismic Safety Commission, Strong Motion Instrumentation
Advisory Committee, and the Leadership in Energy and Environmental Design (L.E.E.D)
Green Building Council.
At EsGil, our staff can assist with reviewing all components of building plans including:
• Architectural • Fire
• Structural • Energy Conservation
• Electrical • Disabled Access
• Plumbing • Green Regulation Plan Review
• Mechanical • Other Local Regulations
Our highly credentialed full-time staff of plan review engineers, supervisors, and managers
all work in our one office, located in San Diego, California. This allows us to maintain a
high level of quality control, along with the ability to have supervisors immediately
available to resolve any issues that may arise. Through EsGil Corporation, these services
are accessible to our clients without limitation. EsGil managers are always available for
designer questions and concerns, policy decisions, problem resolution, applicant appeals,
quality control, and supervision. This level of expertise and experience would typically not
27
be affordable by an individual jurisdiction alone, but is available on an as-needed basis
through EsGil.
PLAN REVIEW APPROACH
When plans are received at EsGil, they are reviewed for completeness of submittal, and then logged
into our network tracking system. Our staff enters project information into our database within 24
hours of arrival. Target times and maximum completion dates are assigned for each plan review
discipline. This information is transferred to a plan check assignment list with completion deadlines
as listed in the contract.
During the review, all disciplines work as a team on each project. A supervisor oversees all reviews,
consults with staff and City staff as needed, and performs spot checks for quality control. The
assigned Plan Review Engineer coordinates his/her review with the other plan check disciplines to
ensure good communication and coordination of listed deficiencies.
The reviewers first perform an overview of the project, and then use our copyrighted checklists to
focus on the areas of concern. EsGil Corporation assures that corrections are communicated as
quickly and as clearly as possible. All corrections are identified based on compliance with specified
codes and regulations.
During the plan review process, our staff is prepared to meet with the applicant, designers, City
employees or consultants. Telephone discussions or meetings are welcomed to ensure that any plan
review issues are handled as efficiently as possible. Our process has been designed to not only
be convenient for our client jurisdictions, but also highly convenient for the designers and
permit applicants being served.
With clients outside of our city, county, and state limits, the success of our company relies on our
ability to provide plan review services as efficiently as any local City consultant. We have an "800"
toll-free number for the use of the jurisdiction, applicants, and designers.
Once a plan review has been completed, our administrative staff will contact the listed
applicant to advise them on the status. Copies of the corrections are then sent to the
applicant and client via e-mail, fax, or mail. Resubmitted plans can be submitted directly to
the City, or may be e-mailed, shipped, or delivered directly to our office with approval from
the jurisdiction. At completion the final plans will be sent back to the City of Palm Springs
Building Department. Our administrative staff reviews all plans returned for completeness
of forms, and tracks all fees for billing per the client's contract.
TIMELINES
During our thirty-five years in the business, we have always been able to meet our agreed-
upon review times. We have a very thorough tracking system and always stay apprised of
the workload of our staff and the complexity of each project to ensure our contractual
turnaround times are achieved. The following is a list of our proposed turnaround times for
each type of job assigned:
28
PROPOSED TURNAROUND TIMES:
(business days)
TYPE OF PROJECT INITIAL REVIEW RECHECK
Single Family Dwellings 5-7 days 5 days
Apartments 10 days 5 days
Tenant Improvements 5-7 days 5 days
Commercial/Industrial 10-15 days 5 days
Plan Changes 5 days 5 days
Accelerated/"Fast Track"plan reviews can be performed on overtime, in half of the normal
turnaround times or as requested by the Building Official.
REFERENCES
References are available upon request. We encourage you to contact any of our clients
to evaluate our professional quality and public relations.
FEES
Fees will be assessed per Exhibit "C" of the professional services agreement.
This fee includes:
Preliminary consultation by phone, fax, mail or meeting in EsGil's office.
Typed lists of code deficiencies for all initial reviews and rechecks.
All required rechecks of corrections.
All liaisons with UCSD staff on discretionary items and appeals.
All overtime necessary to meet agreed service times.
Telephone recheck conference or in person recheck conferences with plan review staff
Arrangement for delivery of plans to jurisdiction.
Proposed revisions to plans or deferred submittals after completion of plan review will be reviewed at
our preferred hourly rates as listed below:
EsGil Corporation Hourly Rates
Supervising Structural Engineer $135.00
Structural Engineer $120.00
CASp/ LEED Plans Examiner $120.00
Civil Engineer $105.00
Electrical Engineer $105.00
Mechanical Engineer $105.00
I.C.C. Plans Examiner $90.00
29
EXHIBIT "C"
SCHEDULE OF COMPENSATION
CONSULTANT'S SCHEDULE OF FEES FOLLOWS THIS PAGE
30
Plsm 3p PlantYaii� stracervice )
a,. '•:. r-v m .r x, 4'.Rr v. �5tat<r!4 4
^t ( r i
Construction Type Construction Type Construction Type
IA,IB IIA,IIB,IIIA, 11113,IV VA,VS
Base Cost Cost for Base Cost Cost for Base Cost Cost for
Project @ Each @ Each @ Each
IBC Size Threshold Additional Threshold Additional Threshold Additional
Class IBC Occupancy Type Threshold Size 100 sf' Size 100 sf` Size 100 sf
A-1 Assembly-Fixed Seating 1,500 $1,100 43.73 $1,000 39.03 $1,000 35.18
Theater,Concert Hall 7,500 $3,724 32.59 $3,342 27.52 $3,111 24.44
15,000 $6,168 32.59 $5,406 27.52 $4,944 24.43
30,000 $11,057 32.59 $9,534 27.52 $8,608 24.43
75,000 $25.726 32.69 $21,917 27.52 $19,602 24.43
150,000 $50.173 30.00 $42,556 25.00 $37,925 22.00
A-2 Assembly-Food&Drink 1,000 $1,000 39.28 $900 33.75 $900 29.43
Restaurant, Night Club,Bar 5,000 $2,571 30.50 $2,250 28.40 $2,077 27.24
10,000 $4,096 28.17 $3,670 23.92 $3,439 21.59
20,000 $6,913 28.17 $6,062 23.92 $5,598 21.59
50.000 $15,365 28.17 $13,236 23.91 $12,075 21.59
100.000 $29,452 2"0 $25,193 21.00 $22,869 _ 19.00
A-3 Assembly-Worship,Amusement 1,200 $1,100 44.88 $1,000 40.40 $1,000 35.25
Arcade,Church, Community Hall 6,000 $3,254 32.92 $2,9391 27.68 $2,692 26.02
12,000 $5,229 32.92 $4,600 27.68 $4,253 24.81
24,000 $9,180 32.92 $7,922 27.68 $7,231 24.80
_ 60,000 $21,033 32.92 $17,888 27.68 $16,160 24.80
120,000 $40,787 30.00 $34,497 25.00 $31,041 22.00
A-4 Assembly-Indoor Sport Viewing 500 $900 39.10 $800 31.70 $800 25.30
Arena,Skating Rink,Tennis Court 2.500 $1,682 49.40 $1,434 42.52 $1,306 38.84
5,000 $2,917 32.76 $2,497 30.02 $2,2771 28.68
10,000 $4,555 32.76 $3,998 27.18 $3,706 24.26
25,000 $9,469 32.75 $8,076 27.19 $7,346 24.26
50,000 $17,657 30.00 $14,874 25.00 $13,413 22.00
A A Occupancy Tenant Improvements 1,000 $800 7.63 $800 7.63 $800 7.63
5,000 $1,105 16.62 $1,105 16.62 $1,105 16.62
10,000 $1,936 13.18 $1,936 13.18 $1,936 13.18
20,000 $3,254 9.88 $3,254 9.88 $3,254 9.88
50,000 $6,217 9.87 $6,217 9.87 $6,217 9.87
100,000 $11,154 9.00 $11,154 9.00 $11,1541 9.06
B Business-Bank 400 $750 30.18 $700 21.31 $700 14.56
2,000 $1,233 46-151 $1,041 39.45 $933 35.40
4,000 $2,156 34-721 $1,830 32.07 $1,641 30.10
8,000 $3,545 28.34 $3,113 22.93 $2,845 20.07
20,000 $6,946 28.34 $5,865 22.93 $5,254 19.87
40,000 $12,614 27.50 $10,451 22.00 $9,228 19.00
B Business-Professional Office 1,000 $900 42.07 $800 34.40 $800 28.65
5,000 $2,583 30.58 $2,176 27.92 $1,946 26.42
10,000 $4,112 28.34 $3,572 22.93 $3,267 19.87
20,000 $6.946 28.33 $5,865 22.93 $5,254 19.87
50,000 $15,447 28.33 $12,745 22.93 $11,215 19.87
100,000 $29.616 27.501 $24,211 22.00 $21,151 19.00
B Business-High Rise Office 20,000 $6.946 28.33
100,000 $29.616 28.33
200,000 $57.953 28.33
400,000 $114.628 28,33
1,000,000 $284,653 28.33
2,000,000 1 $568,027 27.50
31
Effective September 13, 2015
palm Springs plat fife e� ees f Cpntract 8b;Nlc®s)
rsrs „ joh .r:
Construction Type Construction Type Construction Type
IA,IB IIA,IIB,IIIA, 11113,IV VA,VB
Base Cost Cost for Base Cost Cost for Base Cost Cost for
Project @ Each @ Each @ Each
IBC Size Threshold Additional Threshold Additional Threshold Additional
Class IBC Occupancy Type Threshold Size 100 sf Size 100 sf' Size 100 sf'
B B Occupancy Tenant Improvements 1,000 $500 10.00 $500 10.00 $500 10.00
5,000 $900 11.78 $900 11.78 $900 11.78
10,000 $1,489 10.99 $1,489 10.99 $1,489 10.99
20,000 $2,588 7.46 $2,588 7.46 $2,588 7.46
50,000 $4,826 7.10 $4,826 7.10 $4,826 7.10
100,000 $8,374 _6.50 $8,374 6.50 $8,374 6.50
E Educational-Group Occupancy 1,000 $900 46.10 $850 37.15 $850 31.72
6+persons,up to the 12th Grade 6.000 $2,744 31.62 $2,336 28.98 $2,119 27.54
10,000 $4,325 30.47 $3,785 25.06 $3,496 22.17
_ 20,000 $7,372 30.46 $6,291 25.06 $5,713 22.17
50,000 $16,512 30.46 $13,809 25.06 $12,365 22.11
100,000 $31,745 29.50 $26,340 24.50 $23,449 21.50
E E Occupancy Tenant Improvements 1,000 $500 10.00 $500 10.00 $500 10.00
5,000 $900 11.78 $900 11.78 $900 11.78
10.000 $1,489 10.99 $1,489 10.99 $1,489 10.99
20,000 $2,588 7.46 $2,588 7.46 $2,588 7.46
50,000 $4,826 7.10 $4,826 7.10 $4,826 7.10
100,000 $8,374 6.50 $8,374 6.50 $8,374 6.50
F-1 Factory Industrial-Moderate Hazard 4,000 $1,437 20.30 $1,157 17.13 $977 15.06
20,000 $4,686 17.03 $3,899 13.10 $3,388 10.55
-40,000 $8,093 17.03 $6,520 13.10 $5,498 10.55
80,000 $14:907 17.03 $11,762 13.10 $9,717 10.55
200,000 $35,348 17.03 $27,487 13.10 $22,373 10.55
400,000 $69,419 16.00 $53,695 12.50 $43,467 9.50
F-2 Factory Industrial-Low Hazard 3,000 $1,125 22.36 $916 19.20 $782 16.78
15,000 $3,809 16.87 $3,220 12.94 $2,796 10.65
30,000 $6,340 16.87 $5,161 12.94 $4,394 10.38
_ 60,000 $11,401 16.87 $9,043 12.94 $7,510 10.38
150,000 $26,586 16.87 $20,689 12.94 $16,854 10.38
300,000 $51,893 15.60 $40,099 12.00 $32,428 9.50
H-1 High Hazard Group H-1 1,000 $900 18.80 $800 12.57 $800 8.65
Pose a detonation hazard 5,000 $1,652 24.30 $1,303 19.42 $1,146 17.18
10,000 $2,867 16,.22 $2.274 14.29 $2,005 13.39
20,000 $4,489 16,.05 $3,703 12.12 $3,344 10.32
50,000 $9,305 16,.05 $7,339 12.12 $6,440 10.32
100,000 $17,331 15.00 $13.400 11.25 $11,601 9.25
H-2 High Hazard Group 2,000 $1,000 23.33 $900 17.17 $900 12.17
H-3 10,000 $2,867 16.22 $2,274 14.29 $1,874 12.96
H-4 20,000 $4,489 16.05 $3,703 12.12 $3,170 9.45
40,000 $7,700 16.05 $6,127 12.12 $5,061 9.45
100,000 $17,331 16.051 $13,400 12.12 $10,731 9.45
200,000 $33,383 15.00 $25,521 11.00 $20,184 8.25
H-5 High Hazard Group H-5 1,000 $900 42.07 $800 34.40 $8001 28.65
5,000 $2,583 30.58 $2,176 27.92 $1,946 26.42
10,000 $4,112 28.34 $3,572 22.93 $3,267 19.87
20,000 $6,946 28.33 $5,865 22.93 $5,254 19.87
50,000 $15,447 28.33 $12,745 22.93 $11,215 19.87
100,0001 $29.616 27.00 $24,211 21.50 $21,151 18.50
32
Effective September 13, 2015
x x
halm op) 1 � �Fe�s (Cohti�ct Serince$)
-IDIISU.YCt1OI) ,
Construction Type Construction Type Construction Type
IA,IB IIA, 11B, IIIA,IIIB,IV VA,VB
Base Cost Cost for Base Cost Cost for Base Cost Cost for
Project @ Each @ Each @ Each
IBC Size Threshold Additional Threshold Additional Threshold Additional
Class IBC Occupancy Type Threshold Size 100 sf" Size 100 sf. Size 100 sf.
1-1 Institutional 2,000 $1,233 35.98 $1,058 32.03 $965 29.87
10,000 $4,112 28.34 $3,621 23.42 $3.355 20.76
20,000 $6,946 28.34 $5.963 23.42 $5,431 20.75
40,000 $12,614 28.33 $10,648 23.42 $9,582 20.76
100,000 $29,616 28.33 $24,702 23.42 $22,0351 20.75
200,000 $57,953 27.00 $48,125 22.00 $42,792 _ 19.75
1-2 Institutional 2,000 $1,914 52.87 $1,770 48.72 $1,679 46.00
10,000 $6,143 48.65 $5,668 43.90 $5,359 40.80
20,000 _ $11,008 48.65 $10,058 43.90 $9,439 40.80
40,000 $20.738 48.64 $18,838 43.89 $17,600 40.80
100.000 $49,927 48.64 $45,176 43.89 $42,079 40.80
200,000 $98,576 47.50 $89,075 42.50 $82,880 39.00
1-3 Institutional 2,000 $1,385 39.41 $1,1921 35.08 $1,076 32.38
10,000 $4,538 32.60 $3,998 27.19 $3,6671 23.88
20,000 $7,798 32.59 $6,717 _ 27.19 _ $6,0551 23.88
40,000 $14,317 32.59 $12,155 27.19 $10,831 23.88
100,000 $33,875 32.59 $28,469 27.19 - $25,161 23.88
200,000 1 $66,471 31.50 $55.661 26.00 $49,042 22.75
1-4 Institutional 1,000 $850 43.02 $800 35.32 $800 30.32
5,000 $2,571 30.50 $2,213 28.16 $2,013 26.86
10,000 $4,096 28.17 $3,621 23.42 $3,356 20.75
20,000 $6,913 28.17 $5,963 23.42 $5,431 _ _ 20.75
50,000 $15,365 28.17 $12,990 _ 23.42 $11,657 20.75
100,000 $29,452 27.00 $24,702 22.50 $22,035 19.76
M Mercantile 1,000 $750 31.92 $700 25.47 $700 20.40
5,000 $2,027 26.96 $1,719 24.94 $1,5161 22.34
10,000 $3,376 20.97 $2,966 16.87 $2,633 15.43
20'0001 $5,472 20.96 $4,653 16.87 $4,176 14.49
50,000 $11,762 20.96 $9,714 16.87 $8,523 14.48
100,000 $22,245 19.75 $18,150 15.75 $15,767 13.50
M M Occupancy Tenant Improvements 1,000 $500 10.00 $500 10.00 $500 10.00
5,000 $900 11.78 $900 _ 11.78 $900 11.78
10,000 $1,489 10.99 $1,489 10.99 $1,489 10.99
20,000 $2,588 7.46 - $2,588 7.46 $2,588 7A6
50.000 $4,826 7.10 $4,826 7.10 $4,826 7.10
100,000 $8,374 6.50 $8,374 6.50 $8.374 6.50
33
Effective September 13,2015
Palrh;Springs Plan Review 1= �s(Contract $�rvices)
h
iGfl$t1;Uoio11' ,s
Construction Type Construction Type Construction Type
IA, IB IIA,IIB,IIIA,11113,IV VA,VB
Base Cost Cost for Base Cost Cost for Base Cost Cost for
Project @ Each @ Each @ Each
IBC Size Threshold Additional Threshold Additional Threshold Additional
Class IBC Occupancy Type Threshold Size 100 sf• Size 100 sf. Size 100 sf'
R-1 Residential-Transient 2,000 $1,239 36.12 $1,070 32.30 $974 30.10
Boarding Houses, Hotels, Motels 10,000 $4,129 28.50 $3,654 23.75 $3,382 21.03
20,000 $6,979 28.50 $6,029 23.75 $5,485 21.02
40,000 $12,679 28.50 $10,779 23.75 $9,690 21.02
100,000 $29,780 28.50 $25,030 23.75 $22,304 21.02
200,000 $58,281 27.50 $48,781 22.50 $43,329 20.00
R-2 Residential-Permanent, 1,500 $860 36.68 $750 31.08 $700 26.73
2+Dwellings 7,500 $3,061 23.73 $2,615 20.50 $2,304 19.16
Apartment, Dormitory,Timeshare 15,000 $4,841 23.75 $4,153 19.16 $3,741 16.40
30,000 $8,404 23.75 $7,028 19.16 $6,202 16.40
75,000 $19,092 23.75 $15,652 19.16 $13,586 16.40
150,000 $36,905 22.75 $30,025 18.25 $25,893 15.50
R-3 Dwellings-Custom Homes 1,500 $1,100 12.40 $1,000 13.70 $900 12.90
2,500 $1,224 39.90 $1,137 36.40 $1,029 32.30
3,500 $1,623 34.80 $1,501 33.60 $1,352 32.10
4,500 $1,971 33.80 $1,837 30.90 $1,673 27.25
6.600 $2,647 25.02 $2,455 24.88 $2,218 24.77
10,000 1 $3,523 23.00 $3,326 22.00 $3,085 22.00
R-3 Dwellings-Models, First Master 1,500 $1,100 12.40 $1,000 13.70 $900 12.90
Plan 2,500 $1,224 39.90 $1,137 36.40 $1,029 32.30
3,500 $1,623 34.801 $1,501 33.60 $1,352 32.10
4,500 $1,971 33.80 $1,837 30.90 $1,673 __2_7.25
6,500 $2,647 25.02 $2,455 24.88 $2,218 24.77
10,000 $3,523 _ 23.00 $3.326 22.00 $3,085 22.00
R-3 Dwellings-Production Phase 1,500 $136 6.20 $136 6.20 $136 6.20
of Master Plan(repeats) 2,500 $198 6.20 $198 6.20 $198 6.26
_ 3,500 $260 6.20 $260 6.20 $2601 6.20
4,500 $322 5.20 $322 5.20 $322 - 5.20
6,500 1 $426 4.77 $426 4.77 $426 4.77
10,000 $593 4.50 $593 4.50 $593 4.50
R-4 Residential-Assisted Living 1,500 $977 40.25 $852 36.40 $782 33.56
(6-16 persons) 7,500 $3,392 28.17 _ $3,036 _ 23.41 _ _$2,796 21.28
15,000 $5,505 28.17 $4,792 23.42 $4,392 20.76
30,000 $9,731 28.17 $8,306 23.42 $7,506 20.75
75,000 $22,409 28.17 $18,846 23.42 $16,846 20.75
150,000 - $43,539 27.25 $36,414 22.50 $32,414 19.75
R R Occupancy Tenant Improvements 1,000 $500 10.00 $5001 10.00 $5001 10.00
5,000 $900 11.78 $900 11.78 $900 11.78
10,000 $1,489 10.99 $1,489 10.99 $1,489 10.99
20,000 $2,588 7.46 $2,588 7.46 $2,588 7.46
50,000 $4,826 7.10 $4,826 7.10 $4,826 7.10
100,000 $8,374 6.50 $8,374 6.50 $8,374 6.50
S-1 Storage-Moderate Hazard 1,000 $650 24.70 $600 17.20 $600 11.32
5,000 $1,638 24.10 $1,288 19.24 $1,053 15.94
10,000 $2,843 16.13 $2,250 14.20 $1,850 12.88
20,000 $4,456 15.89 $3,670 11.95 $3,138 9.28
50,000 $9,223 15.88 $7,2571 11.95 $5,924 9.28
100,000 $17,1671 14.751 $13,2361 11.00 $10,568 8.50
Effective September 13, 2015 34
Palm SpNng Shi j# Ids Contra Seivices)
Construction Type Construction Type Construction Type
IA, IB IIA,1113, IIIA,111B, IV VA,VB
Base Cost Cost for Base Cost Cost for Base Cost Cost for
Project @ Each @ Each @ Each
IBC Size Threshold Additional Threshold Additional Threshold Additional
Class IBC Occupancy Type Threshold Size 100 sf* Size 100 sf* Size 100 sf*
S_-2 Storage-Low Hazard 500 $450 23.70 $400 17.50 $400 11.65
2,500 $924 27.96 $750 20.96 $633 16.20
5,000 $1,623 23.90 $1,274 19.02 $1,038 15.74
10,000 $2,818 15.94 $2,225 13.34 $1,825 11.56
25,000 $5,210 _ _1_5.72 _ $4,227 11.79 $3,560 9.12
50,000 $9,141 14.75 - $7,175 10.75 $5,842 8.25
U Accessory 200 $250 25.00 $250 25.00 $250 25.00
1,000 $450 19.50 $450 10.00 $450 10.00
2,000 $645 20.95 $550 15.25 $550 8.55
4,000 $1,064 19.35 $855 15.41 $721 12.36
10,000 $4225 _ 14.12 $1,780 12.68 $1,463 10.83
20,000 $3,637 13.25 $3,0481 11.75 $2,546 10.00
R-3 Residential Room Addition 50 $190 59.00 $180 61.50 $180 51.00
250 $308 67.60 $303 62.40 $282 63.20
500 $477 52.80 $459 50.60 $440 49.20
1,000 $741 51.67 $712 411.73 $686 46.00
2,500 $1,516 44.68 $1,443 42.64 $1,376 40.88
5,0001 $2,6331 42.00 $2,509 40.00 $2,398 38.00
SHELL BUILDINGS
A-2 Shell:Assembly-Food&Drink 1,000 $950 29.90 $900 24.72 $900 21.27
5,000 $2,146 27.72 $1,889 26.06 $1,751 25.12
10,000 $3,532 22.54 $3,192 19A3 $3,007 1726
20,000 $5,786 22.54 $5,105 1913. $4,733 1727
50,000 $12,548 22.53 $10,844 19.13 $9,916 17.27
100,000 $23,817 21.50 $20,410 18.25 $18,551 16.25
B Shell:Business-Professional 1,000 $950 30.15 $900 23.25 $900 18.52
Office 5,000 $2,156 27.80 $1,830 25.66 $1,641 24.08
10,000 $3,546 22.67 $3,113 18.35 $2,845 16.15
20,000 $5,813 22.67 $4,948 18.34 $4,460 15.89
50,000 $12,614 22.66 $10,451 18.34 $9,228 15.89
100,000 $23,948 21.50 $19,624 17.25 $17,177 14.75
M Shell: Mercantile 1,000 $750 24.02 $700 18.12 $700 13.90
5,000 $1,711 24.90 $1,425 21.14 $1,256 18.78
10,000 $2,956 16.77 $2,482 14.96 $2,195 14.083
20,000 $4,633 16.77 $3,978 13.49 $3,598 11.58
_ 50,000 $9,665 16.77 $8,027 13.49 $7,074 11.59
100,000 $18,052 15.50 $14,776 12.50 $12:869 10.50
Note 1
* Each additional 100 square feet,or portion thereof,up to the next highest project size threshold.
35
Effective September 13, 2015
Fibs
�_3,.'ip ttwwr .� 'kt "'�to"�# .v'.P�•..m9�°a'4°,i r. �"'+'
iMisl�lialneol�M:<u#>T�hF�i � 7i,(N+�gvy5 i 5 ahY i �ii
Arbor/Trellis $200.00
Awning/Canopy(supported by building) $200.00
Balcony addition $200.00
Carport $200.00
Deck wood $200.00
Fire' 'laae _ ,'.. :: F : < 3150.00
FO4alliifth
Foundation Re air $200.00
Paldo',Cbtrer ��' � .z
Wood frame $200.00
Metal frame $200.00
Other frame $200.00
Enclosed, wood frame $225.00
Enclosed, metal frame $225.00
Enclosed, other frame $225.00
P116t0'loblu d:SAWa
Residential $175.00
Commercial, up to 4 kilowatts Note 1 $250.00
Commercial, each additional 1 kilowatt $50.00
W Vail
Less than 300 sf $150.00
Kitchen $150.00
Bath $150.00
ROMMOdWall
Standard (up to 50 I $150.00
Additional retaining wall $50 er 50'
st6 b Ra ,�-,, m' .'U ;,p...a..'a'i:'?,F T ., t;,, e=i• .
0-8'high (up to 100 I $150.00
each additional 100 If $50.00
over 8' high (up to 100 If $200.00
each additional 100 If $50.00
Gunite(up to 800 sf $300.00
Additional pool over 800 s $100.00
Spa or Hot Tub Pre-fabricated $200.00
36
EXHIBIT "D"
SCHEDULE OF PERFORMANCE
The services provided hereunder this Agreement shall occur on an as-needed "on-call' basis,
pursuant to separate individual Task Orders or Purchase Orders. Consultant shall receive,
review and return Building Plans following technical review in accordance with the following
schedule:
TYPE OF PROJECT INITIAL REVIEW RECHECK
Single Family Dwellings 5-7 days 5 days
Apartments 10 days 5 days
Tenant Improvements 5-7 days 5 days
Commercial/industrial 10-15 days 5 days
Plan Changes 5 days 5 days
Accelerated/°Fast Track"plan reviews can be performed on overthne, in half of the normal
turnaround tunes or as requested by the Building Official.
END OF EXHIBIT "D"
Exhibit "D"
37
ATTACHMENT 2
38
AMENDMENT NO. 2
TO
PROFESSIONAL SERVICES AGREEMENT
RKA Consulting Group, Inc.
THIS SECOND AMENTMENT to the Professional Services Agreement No. A6208 with RKA
Consulting Group, Inc., is made and entered into to be effective on the 15th day of July, 2015,
by and between the City of Palm Springs, a California carter city and municipal
corporation, (hereinafter referred to as the "City'), and RKA Consulting Group, Inc., a
California corporation, (hereinafter referred to as "Consultant"), collectively, the 'Parties".
RECITALS
A. City and Consultant previously entered into a professional services agreement
for Building Plan Review Services, which was made and entered into on February 20, 2012, (the
"Agreement") through February 28, 2013
B. On February 4, 2014, Amendment No. 1 was approved amending Section 4.4 of
the Agreement, thereby extending the term to February 28. 2018.
C. Section 3.3 of the Agreement provides that the terms of compensation for this
Agreement may be changed or modified by mutual written agreement of the Parties.
D. City and Consultant desire to amend the Agreement by replacing Exhibit "A" with
a new schedule of fees, and to increase the maximum compensation.
NOW, THEREFORE, in consideration of mutual promises and covenants contained
herein, the Parties agree as follows:
AGREEMENT
1. Section 3.1 "Compensation of Consultant' is hereby revised to reflect an annual not to
exceed compensation of up to $24,000 annually during the extended term of the Agreement,
February 28, 2015, through February 28, 2018. Accordingly, Section 3.1 is revised to read:
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 total amount of
Compensation shall not exceed $24,000 annually during the term of this Agreement.
1
39
2. Exhibit "A": CONSULTANT'S SCOPE OF SERVICES / WORK. Exhibit "A" is hereby
revised to delete the "Compensation" section of Exhibit "A" and to replace with the attached fee
schedule identified on Exhibit "A" attached hereto. All other provisions of Exhibit "A" shall
remain in full force and effect.
3. Full Force and Effect. All terms, conditions, and provisions of the Agreement, unless
specifically modified herein, shall continue in full force and effect. In the event of any conflict or
inconsistency between the provisions of this Amendment and any provisions of the Agreement,
the provisions of this Amendment shall in all respects govern and control.
4. Corporate Authority. The persons executing this Amendment on behalf of the Parties
hereto warrant that (i) such party is duly organized and exiting, (ii) they are duly authorized to
execute and deliver this Amendment on behalf of said party, (iii) by so executing this
Amendment, such party is formally bound to the provisions of this Amendment, and (iv) the
entering into this Amendment does not violate any provision of any other agreement to which
said party is bound.
IN WITNESS WHEREOF, the Parties have executed this Amendment as of the date stated
above.
"CITY" "CONSULTANT"
CITY OF PALM SPRINGS RKA Consulting Group, Inc.
By By
David H. Ready, City Manager Signature
ATTEST:
Name/Title
By By
James Thompson, City Clerk Signature
APPROVED AS TO FORM:
Name/Title
By
Douglas Holland, City Attorney
2
40
EXHIBIT "A"
"Compensation" shall be revised to reflect the following Schedule of Fees, attached
hereto. Compensation for revisions and rechecks reviewed after the second submittal
shall continue to be charged at the following hourly rates:
Supervisor S.E. $123.00
S.E. $100.00
Engineer $ 96.00
Plans Examiner $ 82
The Schedule of Fees follows this page.
3
41
iPalm Springs P6- £F 4 6 fees (Contract Service`s)
i �
�I�W CGii$tructlon -
Construction Type Construction Type Construction Type
IA,IS IIA,IIB,IIIA, IIIB,IV VA,VB
Base Cost Cost for Base Cost Cost for Base Cost Cost for
Project @ Each @ Each @ Each
IBC Size Threshold Additional Threshold Additional Threshold Additional
Class IBC Occupancy Type Threshold Size 100 sf' Size 100 sf' Size 100 sf
A-1 Assembly-Fixed Seating 1.500 $1.100 43.73 $1,000 39.03 $1,000 35.18
Theater,Concert Hall 7,500 $3,724 32,59 $3,342 27.52 $3,111 24.44
15,000 $6,168 32.59 $5,406 27.52 $4,944 24.43
30,000 $11,057 32.59 $9,534 27.52 $8,608 24.43
75,000 $25,726 32.59 $21,917 27.52 $19,602 24.43
150,000 _ $50,173 30.00 $42,556 25.00 $37,925 22.00
A-2 Assembly-Food&Drink 1,000 $1,000-- 39.28 _ _$900 33.75 $900 29.43
Restaurant, Night Club, Bar 5,000 $2,571 30.50 _ $2,250 28.40 $2,077 27.24
10,000 $4.096 _ 28.17 $3,670 23.92 $3,439 21.59
20,000 $6.913 28.17 $6,062 23.92 $5,598 21.59
50,000 $15,365 28.17 $13,236 23.91 $12,075 21.59
--- - 100,000 $29,452 26.00 $25,193 21.00 $22,869 19.00
A-3 Assembly-Worship,Amusement 1,200 _ $1,100 44.88 $1,000 40.40 $1,000 35.25
Arcade,Church, Community Hall 6.000 $3,254 __32.92 _ $2,939 27.68 $2,692 26.02
12.000 $5,229 - 32.92 $4,600 _ 27.68 $4,253 24.81
24,000 $9,180 32.92 $7,922 27.68 $7,231 24.80
_
60,000 $21.033 32.92 $17,888 27.68 $16,160 24.80
120,000 $40.787 30.00 $34,497 25.00 $31,041 22.00
A-4 Assembly-Indoor Sport Viewing 500 $900 39.10 $800 31.70 $800 25.30
Arena,Skating Rink,Tennis Court 2,500 $1,6821 49.40 $1,434 42.62 $1,306 38.84
-- --_- 5,000 $2,917 32.76 $2,497 30.021 $2,277 28.58
_ 16000 $4,555 32.76 $3,998 27.18 $3,706 24.26
25,000 $9,469 32.75 $8,076 27.19 $7,346 24.26
_. ---
50,000 $17,657 _30.00 $14,874 25.00 $13,413 22.00
A A Occupancy Tenant Improvements 1,000 $800 7.63 $800 7.63 $800 7.63
5,000 $1.105 16.62 $1,105 16.62 $1,105 16.62
10,000 $1,936 13.18 $1,936 13.18 $1,936 13.18
- 20,000 $3,254 9.88 $3,254 9.88 $3,254 9.88
- -- - _ _ 50,000 $6,217 9.87 $6,217 9.87 $6,217 9.87
100,0001 $11,154 _ 9.00 $11,154 9.00 $11,154 9.00
B Business-Bank 400 - $750 30.18 $700 21.31 $700 14.56
2.000 $1,233 46.15 $1,041 39.45 $933 35.40
4,000 $2,156 34.72 $1,830 32.07 $1,641 30.10
_ 8,000 $3,545 28.34 $3,113 22.93 $2,8451 20.07
20,000 $6,946 28.34 $5,865 22.93 $5,254 19.87
40,000 $12,614 27.50 $10,451 _ 22.00 $9,228 19.00
B Business-Professional Office 1,000 $900 42.07 $800 - 34.40 $800 28.65
_ 5,000 $2.683 30.58 $2,1761 27.92 $1,946 26.42
10,000 $4,112 28.34 $3,572 22.93 $3,267 19.87
20,000 $6,946 28.33 $5,865 22.93 $5,254 19,87
_ - _ -- -- 50,000 $15,447 28.33 $12,745 22.93 $11,215 19.87
100,000 1 $29,616 27.50 $24,211 22.00 $21,151 19.00
B Business-High Rise Office _ 20,000 $6,946 28.33
100,000 _ _ $29,616 _ 28.33
200,000 $57,953 28.33
400,000 $114,628 28.33
1,000,000 $284,653 28.33
2,000,000 $568,027 27.50
42
Effective September 13, 2015
Pafm.;Springs f AkA" ontr ices) "
X q
Construction Type Construction Type Construction Type
IA,IB IIA,118,IIIA,IIIB, IV VA,VB
Base Cost Cost for Base Cost Costfor Base Cost Cost for
Project @ Each @ Each @ Each
IBC Size Threshold Additional Threshold Additional Threshold Additional
Class IBC Occupancy Type Threshold Size 100 sf* Size 100 sf* Size 100 sf*
B B Occupancy Tenant Improvements 1,000 $500 10.0E $500 10.00 $500 10.0E
6.000 $900 11.78 $900 11.78 $900 11.78
10,000 $1,489 10.99 $1,489 10.99 $1,489 10.99
20,000 $2,588 7.46 $2,588 7.46 $2,588 7.46
50,000 14,826 7.10 $4,826 _-7.10 $4,826 7.10
100,000 $8,374 6.50 $8.3741 $8,374 6.50
E Educational-Group Occupancy 1,000 $900 46.10 $850 37.15 $850 31.72
6+persons,up to the 12th Grade 5,000 $2,744 31.62 $2,336 28.98 $2,119 27.54
10,000 $4,325 30.47 $3,785 25.06 $3,496 22.17
20,000 $7,372 30.46 $6,291 25.06 $5,713 22.17
50,000 $16,512 30.46 $13,809 25.06 $12,365 22.11
100,000 $31,745 29.50 $26,340 24.5E $23,449 21.50
E E Occupancy Tenant Improvements 1,000 $500 10.00 $500 10.00 $500 10.00
5,000 $900 11.78 - $900 11.78 $900 11.78
10,000 $1,489 10.99 $1,4891 10.99 $1,489 10.99
- 20,000 $2,588 7.46 $2,588 7.46 $2,588 7.46
50.000 $4,826 7.10 $4,826 7.10 $4,826 7.10
100,000 $8,374 6.50 $8,374 6.50 $8,374 __ 6.50
F-1 Factory Industrial-Moderate Hazard 4,000 $1,437 20.30 $1,157 17.13 $977 15.06
20,000 $4,686 17.03 $3,899 13.10 $3,388 10.55
40,000 $8,093 17.03 $6,520 - 13.10 $5,498 10.55
_ 80,000 $14,907 17.03 $11.762 13.10 $9,717 10.55
200,000 $35,348 17.03 $27,487 13.1E $22,373 10.55
400,000 $69,419 16.00 $53,695 12.50 $43,467 9.50
F-2 Factory Industrial-Low Hazard 3,000 $1,125 22.36 $916 19.20 _ $782 16.78
15,000 $3,809 16.87 $3,220 12.94 $2,796 - 10.65
30,000 $6,340 16.87 $5,161 12.94 $4,394 - 10.38
60,000 $11,401 16.87 $9,043 _ 12.94 $7,510 10.38
150,000 $26,586 16.87 $20,689 12.94 $16,854 10.38
300,000 _ $51,893 15.60 $40,099 12.00 $32.428 9.50
H-1 High Hazard Group H-1 __ _ _ 1,000 $900 18.80 $800 12.57 $800 8.65
Pose a detonation hazard - - 5,000 $1,652 24.30 $1,303 19.42 $1,146 17.18
10,000 $2,867 16.22 $2,274 14.29 $2,005 13.39
20,000 $4,489 16.05 $3,703 12.12 $3,344 _ 10.32
50,000 $9,305 16.05 $7,339 12.12 $6,440 10.32
100,000 $17.331 16.00 $13,400 11.25 $11,601 925
H-2 High Hazard Group 2,0001 $1,000 23.33 $900 17.17 __ $900 _12.17
H-3 10,000 $2,867 16.22 $2,274 14.29 $1,874 12.96
H-4 20,000 $4,489 16.05 $3,703 12.12 $3,170 _ _ 9.45
40,000 $7,700 16.05 $6,127 12.12 $5,061 - 9.45
100,000 $17,331 16.05 $13,400 _ 12.12 $10,731 9.45
200,000 $33,383 15.00 $25,521 _ 11.00 $20,184 8.25
H-5 High Hazard Group H-5 1,000 $900 42.07 $800 34.40 $800 28.65
5,000 $2,583 30.58 $2,176 27.92 $1,946 26.42
10,00E $4,112 28.34 $3,572 22.93 $3,267 19.87
20,000 $6,946 28.33 $5,865 22.93 $5,254 19.87
50,000 $15,447 28.33 $12,745 22.93 $11,215 19.87
100,00E 1 $29,6161 27.001 $24,211 21.5E $21,151 18.50
43
Effective September 13,2015
p .�h
.41m ,Springs Plant " i�� �s{Contract SOVIC6
MA�
]A��\per,('{(��/���}j/���y
Construction Type Construction Type Construction Type
IA, IB IIA,1113,IIIA,11113,IV VA,VB
Base Cost Cost for Base Cost Cost for Base Cost Cost for
Project @ Each @ Each @ Each
IBC Size Threshold Additional Threshold Additional Threshold Additional
Class IBC Occupancy Type Threshold Size 100 sf• Size 100 sf' Size 100 sf
1-1 Institutional 2,000 $1.233 35.98 $1,058 32.03 $965 29.87
_._
10,000 $4,112 28.34 $3,621 23.42 $3,355 20.76
20,000 $6.946 28.34 $5,963 23.42 $5,431 20.75
40,000 $12,614 28.33 $10,648 23.42 $9,582 20.76
100,000 $29,616 28.33 $24,702 23.42 $22,035 20.75
200,000 $57,953 27.00 $48,125 22.00 $42,792 19.75
1-2 Institutional 2,000 $1,914 52.87 $1,770 48.72 $1,679 46.00
10,000 $6,143 48.65 $5,668 43.90 $5,359 40.80
20,000 $11,008 48.65 $10,058 43.90 $9,439 40.80
40,000 $20,738 48.64 $18,838 43.89 $17,600 40.80
100,000 $49,927 48.64 $45,176 43.89 $42,079 40.80
200,000 $98,576 47.50 $89,075 42.501 $82,880 39.00
1-3 Institutional 2,000 $1.385 39.41 $1,192 35.08 $1,076 32.38
10,000 $4,538 32.60 $3,998 27.19 $3,667 23.88
20,000 $7,798 32.59 $6,717 27.19 $6,055 23.88
40,000 $14,317 32.59 $12,155 27.19 $10,831 23.88
100,000 $33,875 32.59 $28,469 27.19 $25,161 23.88
200.000 $66,471 31.50 $56,661 26.00 $49,042 22.75
1-4 Institutional 1,000 $850 43.02 $800 35.32 $800 30.32
5,000 $2,571 30.50 $2,213 28.16 $2,013 26.86
10,000 $4,096 28.17 $3,621 23.42 $3,356 20.75
20,000 $6,913 2&171 $5,963 23.42 $5,431 20.75
50,000 $15,365 28.17 $12,990 23.42 $11,657 20.75
100,000 $29,452 27.00 $24,702 22.50 $22,035 19.75
M Mercantile 1,000 $750 31.92 $700 25.47 $700 20.40
5,000 $2,027 26.96 $1.719 24.94 $1,516 22.34
10,000 $3,375 20.97 $2,966 16.87 $2,633 15.43
20,000 $5,472 20.96 $4,653 16.87 $4,176 14.49
50,000 $11,762 20.96 $9,714 16.87 $8,523 14.48
100,000 $22,245 19.75 $18,150 15.75 $15,767 13.50
M M Occupancy Tenant Improvements 1,000 $500 10.00 $500 10.00 $500 10.00
5,000 $900 11.78 $900 11.78 $900 11.78
10,000 $1489 10.99 $1,489 10.99 $1,489 10.99
20,000 $2.588 7.46 $2,588 7.46 $2,588 7.46
50,000 $4.826 7.10 $4,826 7.10 $4,826 7.10
100,000 $8,374 6.50 $8,374 6.50 $8,374 6.50
44
Effective September 13, 2015
Palm Springs Plan#tei►iv�Fees (Confract Services)
New Gonstruation';:.
Construction Type Construction Type Construction Type
IA,IB IIA,1113,IIIA,11113,IV VA,VB
Base Cost Cost for Base Cost Cost for Base Cost Cost for
Project @ Each @ Each @ Each
IBC Size Threshold Additional Threshold Additional Threshold Additional
Class IBC Occupancy Type Threshold Size 100 sf` Size 100 sf Size 100 sf
R-1 Residential-Transient 2,000 $1,239 36.12 $1,070 32.30 $974 30.10
Boarding Houses, Hotels, Motels 10,000 $4,129 28.50 $3,654 23.75 $3,382 21.03
20,000 $6,979 28.50 $6,029 23.75 $5,485 21.02
40,000 $12,679 28.50 $10,779 23.75 $9,690 21.02
100,000 $29,780 28.50 $25,030 23.75 $22,304 21.02
200,000 $58,281 27.50 $48,7811 22.50 $43,329 20,00
R-2 Residential-Permanent, 1.500 $860 36.68 $750 31.08 $700 26.73
2+Dwellings 7,500 $3,061 23.73 $2,615 20.50 $2,304 19.16
Apartment, Dormitory,Timeshare 15,000 $4,841 23.75 $4,153 19.16 $3,741 16.40
30,000 $8,404 23.75 $7,028 19.16 _ _$6,202 16.40
75,000 $19,092 23.75 $15,652 19.16 $13,586 _ 16.40
150,000 $36,905 22.75 $30,025 18.25 $25,893 - - 15.50
R-3 Dwellings-Custom Homes 1,500 $1,100 12.40 $1,000 13,70 $900 12.90
2,500 $1,224 39.90 _ $1,137 36.40 $1,029 32.30
3,500 $1,623 34.80 - $1,501 33.60 $1,352 32.10
4,500 $1,971 33.80 $1,837 30.90 $1,673 27.25
6,500 $2,647 25.02 $2,455 24.88 $2,218 24.77
10,000 $3,523 23.00 $3,326 22.00 $3,085 22,00
R-3 Dwellings-Models, First Master 1,500 $1,100 12.40 $1,000 13.70 $900 12.90
Plan 2,500 $1,224 39.90 _$1,137 36.40 $1.029 32.30
_ 3,500 $1,623 34.80 $1,501 33.60 $1,352 32.10
4,500 $1,971 33.80 $1,837 30.90 $1,673 27.25
-- 6,500 $2.647 25.02 $2,455 24.88 $2,218 24.77
10,000 $3,523 23.001 $3,326 22.00 $3,085 22.00
R-3 Dwellings-Production Phase 1,500 $136 6.20 $136 6.20 $136 6.20
of Master Plan(repeats) 2,500 $198 6.20 $198 6.20 $198 __ 6.20
3,500 _ $260 6.20 $260 6.20 $260 - 6.20
4,500 $322 5.20 $322 520 $322 5. 0
6,500 $426 4.77 $426 4.77 $426 - - 4.77
10,000 $593 4.50 $593 4.50 $593 4.50
R-4 Residential-Assisted Living 1,500 _ $977 40.25 $852 36.40 $782 33.56
(6-16 persons) 7,500 $3,392 28.17 $3,036 23.41 $2,796 21.28
15,000 $5,505 28,171 $4,792 23.42 $4,392 20.76
30,000 $9,731 28.17 $8,306 23.42 $7,5061 20.75
75,000 $22,409 28.17 $18,846 23.42 $16,846 20.75
150,000 $43,639 27.25 $36,414 22.50 $32,414 19.75
R R Occupancy Tenant Improvements 1,000 $500 10.00 $500 10.00 $500 10.00
5,000 $900 11.78 $900 11.78 $900 11.78
10,000 $1,489 10.99 $1,489 10.99 $1,489 10.99
20,000 $2,588 7.46 $2,588 7.46 $2,588 7.46
50,000 $4,826 7.10 $4,826 7.10 $4,826 _ 7.10
100,000 $8,374 6.60 $8,374 6.50 $8,374 _ _ _ _ 6.50
S-1 Storage-Moderate Hazard 1,000 $650 24.70 $600 17.20 _ $600 11.32
5,Oo0 $1,638 24.10 $1,288 _ 19.24 $1,053 15.94
10,000 $2,843 16.13 $2,250 14.20 $1,850 12.88
20,000 $4,456 15.89 $3,670 11.95 $3,138 9.28
_____ 50,000 $9,223 15.88 $7,257 11.95 $5,924 9.28
100,000 $17,167 14.75 $13,2361 11.00 $10,5681 8.50
45
Effective September 13, 2015
` .�alrit Spring's Plan�evi�`i�C► ��,ess ��ontract`Services}
I4eSni�o istrvat[on '
Construction TyperBaseCost
ction Type Construction Type
IA,IB IIA, 111B,IV VA,VB
Base Cost Cost for Costfor Base Cost Cost for
Project @ EachEach @ Each
IBC Size Threshold Additional Additional Threshold Additional
Class IBC Occupancy Type Threshold Size 100 sf* 100 sf* Size 100 sf*
S-2 Storage-Low Hazard 500 $450 23.70 17.50 $400 11.65
2,500 $924 27.96 20.96 $633 16.20
5,000 $1,623 23.90 - 19.02 $1.038 15.74
101000 _ $2,818 15.94 $2,225 13.34 $1,825 11.56
-- 25,000 $5,210 15.72 $4,227 11.79 $3,560 9.12
50,000 $9,141 14.75 $7,175 10.75 $5,842 8.25
U _Accessory 200 $250 25.00 $250 25.00 $250 25.00
_ 1,000 $450 19.50 - $450 10.00 _$450 10.00
2,000 $645 20.95 $550 15.25 $550 8.55
_ 4,000 $1,064 19.35 $855 15.41 $721 12.36
10,000 $2,225 14.12 $1,7801 12.68 $1,463 10.83
20,000 _ _ $3,637 13.25 $3,048 11.75 $2,546 10.00
R-3 Residential Room Addition 50 __$190_ _ 59.00 $180 61.50 $180 51.00
250 $308 67.60 $303 62.40 $282 _ 63.20
_ - 500 $477 52.80 $459 _ 50.60 $440 49.20
1,000 $741 51.67 $712 48.73 $686 46.00
_ 2,500 $1,516 44.68 $1,443 42.64 $1,376 40.88
5,000 $2,633 42.00 $2,509 40.00 $2,398 38.00
SHELL BUILDINGS
A-2 Shell:Assembly-Food&Drink 1,000 $950 _ _ 29.90 $900 24.72 $900 21.27
5,000 $2,146 _ 27.72 $1,889 26.06 $1,7511 25.12
10,000 $3,532 22.54 $3,192 19.13 $3,007 17.26
_ 20,000 $5.786 22.54 $5,105 19.13 $4,733 17.27
50,000 $12,548 22.53 $10,844 19.13 $9,916 17.27
100,000 $23,817 21.50 $20,410 18.25 $18,551 16.25
B Shell:Business-Professional 1,000 $950 30.15 $900 23.25 $900 18.52
Office _ _ 5,000 $2,156 27.80 $1,830 25.66 $1,641 24.08
10,000 $3,546 22.67 $3,113 18.35 $2,845 16.15
20,000 $5,813 22.67 __ $4,948 18.34 $4,460 15.89
50,000 $12,614 22.66 $10,451 18.34 $9,228 15.89
100,000 $23,948 21.50 $19,624 17.25 $17,177 14.75
M Shell:Mercantile 1,000 $750 24.02 $700 18.12 $700 13.90
5,000 $1,711 24.90 - $1,425 21.14 $1,256 18.78
_ 10,000 $2,956 16.77 $2,482 14.96 $2,195 14.03
20,000 $4,633 16.77 $3,978 13.49 $3,598 11.58
50,000 $9,665 16.77 $8,027 13.49 $7,074 11.59
100,000 $18,052 15.50 $14,776 12.50 $12,869 10.50
Note 1
Each additional 100 square feet,or portion thereof, up to the next highest project size threshold.
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Effective September 13, 2015
i
-CONTRACT FEES f,OR,P4j,, 5 f**P
Btiilding z,Miscetidheousj mt
Item ESGII Fee
Miscellaneous
Arbor/Trellis $200.05
Awning/Canopy(supported by building) $200.00
Balcony addition $200.00
Carport $200.00
Deck wood $200.00
Fire Isee.,• ,.,'" $150.00
Fountiatton
Foundation Repair $200.00
Patio Cover
Wood frame $200.05
Metal frame $200.00
Other frame $200.00
Enclosed, wood frame $225.00
Enclosed, metal frame $225.00
Enclosed, other frame $225.00
PhotovoitaleS "tem
Residential $175.00
Commercial, up to 4 kilowatts Note 1 $250.00
Commercial, each additional 1 kilowatt $50.00
R9modehltesitlential - '<,��.°
Less than 300 sf $150.00
Kitchen $150.00
Bath $150.00
Retainin Wall' c6ncrete&'tneson
Standard (up to 50 If $150.05
Additional retainin wall $50 per 50'
0-8'high (up to 100 If $150.00
each additional 100 If $50.00
over 8'high (up to 100 If $200.00
each additional 100 If $50.00
Gunite up to 800 s $300.00
Additional pool over 800 sf $100.00
Spa or Hot Tub Pre-fabricated $200.00
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