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Home My WebLink About24-Development Services e e e CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Valerie C. Ross, Director Subject: Resolution Authorizing the City Manager to Execute Services Agreements with Willdan Assoc., Interwest Consulting Group, and Esgil Corporation for Professional Building Plan Check Services Dept: Development Services Date: August 24, 2007 MCC Meeting Date: September 4, 2007 Synopsis of Previous Council Action: June 18,2007 Adopted Res. No. 2007-191 extending existing services agreements and increasing purchase order amounts. Adopted Resolution approving services agreements for professional building plan review services. May 3, 2004 Recommended Motion: Adopt Resolution authorizing the City Manager to execute services agreements with Willdan Associates, Interwest Consulting Group, and Esgil Corporation, and authorizing the Purchasing Manager to issue Annual Purchase Orders totaling $450,000 in aggregate, with provisions for two single year renewal options. }{tJJMi; t. RU4/ Valerie C. Ross Contact person: TO~e'p" l e-a~e7 911?~dil1g OffirolQl PbOMl... 12.1. ,171 Supporting data attached: St~ffRp.pnrt Rp<m /IE Serv AgTf'p.mp.nt< FUNDING REQUIREMENTS: Amount: $450,000 Ward: AU Source: (Acct. No.) 772-192-2306 ($442,400) 001-192-5502 ($7,600) (Acet. Description) Exped1uQ11i BIAg P1Qn De'''ieUT T1"I1C!t Rr J>?oF I~Ogf?aptl1Ql Finance: Council Notes: 'fllJjo7 J.'1 Agenda Item No. e e e CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT Subiect: Resolution authorizing the City Manager to execute services agreements with Willdan Associates, Interwest Consulting Group, and Esgil Corporation for professional building plan check services. Backl!round: The Development Services Department, Building Plan Check Division, utilizes consultants to perform plan checks to determine compliance with applicable building codes on proposed development projects. The utilization of consultants allows the division to offer an "expeditious plan review service" to customers. This service provides for a ten day turn-around time for the first check of a proposed development project. Ordinance No. MC-949, adopted in August 1995 provides for an additional 25% fee for expeditious plan checks to cover City overhead for administration and processing. In addition, occasionally it is necessary to utilize consultant services on large complex developments or during periods of high construction activity when service demand exceeds the capacity of in-house staff. Having services agreements with multiple vendors ensures the availability of consultant services during peak construction periods. The Development Services Department prepared specifications for professional plan check services in May 2007. The Purchasing Division sent out notices inviting bids for an annual contract for the provision of such services per Specification No. F-07-48. Notices were sent to nineteen (19) vendors and the San Bernardino Area Chamber of Commerce, and an advertisement was placed in the San Bernardino Sun and on the City's web page. FIRMS SENT REQUESTS FOR PROPOSALS: VENDOR NAME Charles Abbot & Assoc. AAE Inc. Berryman & Henigar BJY Inc. California Code Check Esgil Corporation Scott Fazekas & Associates Interwest Consulting Group JAS Pacific, AI Johnson Consulting Kutzmann & Assoc. ML Engineering The Phillips Group Sidhi Consultants Inc. Staff Building & Assoc. TCB-Orange Transtech Willdan Associates Wilson & Company CITY Apple Valley Brea Santa Ana Phoenix Victorville San Diego Irvine Elk Grove Ontario Redlands Fremont Upland Santa Rosa Orange Moreno Valley Orange San Bernardino San Bernardino San Bernardino e tit tit CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT - continued BIDS WERE RECEIVED FROM: VENDOR NAME BJY Northwest Bureau Veritus California Code Check Esgil Corporation Harris & Associates Interwest Consulting Group JAS Pacific ML Engineering P&D Consultants Precision Inspection Co. Willdan Associates CITY West Sacramento Murrieta Victorville San Diego Rancho Cucamonga RedIands Ontario Upland Orange Newman San Bernardino Eleven firms submitted proposals, one of which is a local firm. Development Services staff reviewed and scored the proposals. A point value between one and ten was used to rate each firm in the following areas: experience and qualifications, capabilities of firm, and completeness of response. The sums of the ratings scores were weighted at 45%, 35%, and 5% respectively. A local preference of five (5) percent was added to the score of the local firm that maintains an office within the City of San Bernardino. After the scores were totaled, pricing was evaluated and the three highest rated vendors were selected, one of which is a local rum. Willdan Associates, Interwest Consulting Group, and Esgil Corporation were selected based on their overall scores and the acceptability of their prices. The three firms selected were then interviewed and deemed acceptable. Three firms were chosen so that the Deparrment will have a greater degree of accessibility and availability when services are needed. The total point ratings and pricing for the top three firms are as follows: Firm Name Willdan Associates Rating 85.1 Pricing 50%-85% of Plan Check Fee 50% Structural Only $90-$110 Hourly Interwest Consulting 84.5 70% of Plan Check Fee 55% Structural Only $90-$130 Hourly Esgil Corporation . 82.0 85% of Plan Check Fee (includes all rechecks) Structural Only 42.5% residential, 52.5% commercial $86-$129 Hourly e e e CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT - continued Services Agreements with each form will be for one year. There may be two one-year extensions upon mutual agreement of the parties. Financial Impact: Funds for professional plan check services are available through plan check fees collected upon submittal of development projects. When an applicant requests expeditious review, a portion of the plan check fees collected in an amount equal to the consultant charges is deposited in a trust account and payment to the consultant is drawn from the trust account. The 25% surcharge for expeditious plan check services is collected to cover administration costs and is deposited in a General Fund revenue account. Therefore, for the majority of services rendered, the Development Services Department budget will not be impacted. If the Department needs to utilize the plan check service on special projects or due to an influx of projects, funds are allocated in the Development Services Department Budget in the Professional/Contractual Services Account No. 001-192-5502 ($7,600). Recommendation: Adopt Resolution authorizing the City Manager to execute services agreements with Willdan Associates, lnterwest Consulting Group, and Esgil Corporation, and authorizing the Purchasing Manager to issue Annual Purchase Orders totaling $450,000 in aggregate, with provisions for two single year renewal options. . e 1 2 3 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE SERVICES AGREEMENTS WITH WILLDAN 4 ASSOCIATES, INTERWEST CONSULTING GROUP AND ESGIL CORPORATION 5 FOR THE PROVISION OF PROFESSIONAL BUILDING PLAN CHECK SERVICES. RESOLUTION NO. 6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 7 8 SECTION I. WILLDAN ASSOCIATES, INTERWEST CONSULTING GROUP AND 9 ESGIL CORPORATION are firms competent, experienced and able to perform said services and 10 have provided the most advantageous and best responsible proposals for provision of 11 PROFESSIONAL PLAN CHECK SERVICES, per Specification No. F-07-48 for purchase 12 order amounts totaling $450,000 in aggregate, with two single year renewal options. Pursuant to 13 this determination, the Purchasing Manager is hereby authorized and directed to issue Purchase e 14 Orders for said services to said firms; and all other proposals are hereby rejected. The City 15 16 Manager is hereby authorized and directed to execute Services Agreements on behalf of the City; 17 a copy of each agreement is attached hereto and incorporated herein (Exhibits A, B, and C). 18 SECTION 2. The authorization to execute the above referenced agreements is rescinded 19 if they are not executed within sixty (60) days of the passage of this resolution. 20 III 2] III 22 III 23 24 25 26 e 27 28 - I - cJ-;j q.407 ----.-- . e 1 RESOLUTION...AUTHORIZING THE CITY MANAGER TO EXECUTE 2 SERVICES AGREEMENTS WITH WILLDAN ASSOCIATES, INTERWEST CONSULTING GROUP AND ESGIL CORPORATION FOR THE PROVISION OF 3 PROFESSIONAL PLAN CHECK SERVICES. 4 [ HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and 5 Common Council of the City of San Bernardino at a meeting thereof, held ,2007, by the following vote, to wit: AYES NAYS ABSTAIN ABSENT Rachel G. Clark, City Clerk 19 20 The foregoing resolution is hereby approved this day of ,2007. Patrick 1. Morris, Mayor City of San Bernardino 21 22 Approved as to Form: 23 24 25 es F. Penman, City Attorney 26 III e 27 28 - 2- , e Exhibit A AGREEMENT FOR PROFESSIONAL BUILDING PLAN CHECK SERVICES THIS AGREEMENT is made and entered into this day of 2007 ("Effective Date"), by and between the CITY OF SAN BERNARDINO, a charter city ("City"), and Willdan Associates, a California corporation ("Consultant"). WITNESSETH: A. WHEREAS, City proposes to have Consultant perform professional building plan check services described herein; and B. WHEREAS, Consultant represents that it has that degree of specialized expertise contemplated within California Government Code, Section 37103, and holds all necessary licenses to practice and perform the services herein contemplated; and C. WHEREAS, City and Consultant desire to contract for professional building plan check services and desire to set forth their rights, duties and liabilities in connection with the services to be performed; and e D. WHEREAS, no official or employee of City has a financial interest, within the provisions of California Government Code, Sections 1090-1092, in the subject matter of this Agreement. NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the parties hereby agree as follows: 1.0. SERVICES PROVIDED BY CONSULTANT 1.1. Scope of Services. Consultant shall furnish professional building plan check services to City in accordance with Specification No. F-07-48 on file with the Director of Development Services and with Consultant's Proposal dated June 27, 2007, attached and incorporated herein as Attachment 1. e 1.2. Professional Practices. All professional services to be provided by Consultant pursuant to this Agreement shall be provided by personnel experienced in their respective fields and in a manner consistent with the standards of care, diligence and skill ordinarily exercised by professional Consultants in similar fields and circumstances in accordance with sound professional practices. Consultant also warrants that it is familiar with all laws that may affect its performance of this Agreement and shall advise City of any changes in any laws that may affect Consultant's performance of this Agreement. 1.3. Warranty. Consultant warrants that it shall perform the services required F: \E:MPENO\Agreements\ Willdan Associates Agreement.doc 1 e e e I by this Agreement in compliance with all applicable Federal and California employment laws including, but not limited to, those laws related to minimum hours and wages; occupational health and safety; fair employment and employment practices; workers' compensation insurance and safety in employment; and all other Federal, State and local laws and ordinances applicable to the services required under this Agreement. Consultant shall indemnify, defend, and hold harmless City from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description, including attorneys' fees and costs, presented, brought, or recovered against City for, or on account of any liability under any of the above-mentioned laws, which may be incurred by reason of Consultant's performance under this Agreement. 1.4. Non-discrimination. In performing this Agreement, Consultant shall not engage in, nor permit its agents to engage in, discrimination in employment of persons because of their race, religion, color, national origin, ancestry, age, physical handicap, medical condition, marital status, sexual gender or sexual orientation, or any other category protected by law, except as permitted pursuant to Section 12940 of the Government Code. Violation of this provision may result in the imposition of penalties referred to in Labor Code, Section 1735. 1.5 Non-Exclusive A!ITeement. Consultant acknowledges that City may enter into agreements with other Consultants for services similar to the services that are subject to this Agreement or may have its own employees perform services similar to those services contemplated by this Agreement. 1.6. Delegation and Assignment. This is a personal services contract, and the duties set forth herein shall not be delegated or assigned to any person or entity without the prior written consent of City. 1.7. Business License: The Consultant shall obtain and maintain a valid City Business Registration Certificate during the term of this Agreement. 1.8. Dutv of Lovaltv/Conflict of Interest: The Consultant understands and agrees that in performing building plan check services for the City, Consultant shall maintain a fiduciary duty and a duty of loyalty to the City in perfonning Consultant's obligations under this Agreement. Consultant, in performing its obligations under this Agreement, is governed by California's conflict of interest laws, Government Code Section 87100 et seq., and Title 2, California Code of Regulations Section 18700 et seg. 2.0. COMPENSATION AND BILLING 2.1. Compensation. Over the term of this Agreement, Consultant shall be paid for such services in accordance with Attachment 1. 2.2. Additional Services. Consultant shall not receive compensation for any services provided outside the Scope of Services specified in this Agreement unless the City, prior to Consultant performing the additional services, approves such additional F: \EMPENO\Agreements\ Willdan Associates Agreement.doc 2 e services in wntmg. It is specifically understood that oral requests and/or approvals of such additional services or additional compensation shall be barred and are unenforceable. 2.3. Method of Billing. Consultant may submit invoices to City's Development Services Director for approval on a progress basis, but no more often than monthly. Said invoice shall be based on the total of all of Consultant's services which have been completed to City's sole satisfaction. City shall pay Consultant's invoice within forty-five (45) days from the date City receives said invoice. Each invoice shall describe in detail, the services performed and the associated time for completion. Any additional services approved and performed pursuant to this Agreement shall be designated as "Additional Services" and shall identify the number of the authorized change order, where applicable, on all invoices. 2.4. Records and Audits. Records of Consultant's services relating to this Agreement shall be maintained in accordance with generally recognized accounting principles and shall be made available to City for inspection and/or audit at mutually convenient times for a period of three (3) years from the Effective Date. 3.0. TIME OF PERFORMANCE e 3.1. Commencement and Comoletion of Work. The professional services to be performed pursuant to this Agreement shall commence within five (5) days from the Effective Date of this Agreement. Said services shall be performed in strict compliance with the Schedule issued by the Development Services Director or her designee. Failure to commence work in a timely manner and/or diligently pursue work to completion may be grounds for termination of this Agreement. The standard turn-around time for assigned plan checks shall be 10 (ten) working days for the initial check and 5 (five) working days for rechecks. If these standard turn-around times are not met, a penalty of 10 (ten) percent of the Consultant's plan check fee will be assessed for the assigned plan check. 3.2. Excusable Delays. Neither party shall be responsible for delays or lack of performance resulting from acts beyond the reasonable control of the party or parties. Such acts shall include, but not be limited to, acts of God, fire, strikes, material shortages, compliance with laws or regulations, riots, acts of war, or any other conditions beyond the reasonable control of a party. 4.0. TERM AND TERMINATION 4.1. Term. This Agreement shall commence on the Effective Date and continue for a period of one (1) year, ending one year after the Effective Date, unless previously terminated as provided herein or as otherwise agreed to in writing by the parties. There may be two one-year extensions of the Agreement upon mutual agreement e of the parties. F:\EMPENO\Agreem6Ilts\ Willdan Associates Agreement.doc 3 e e e 4.2. Notice of Termination. The City reserves and has the right and privilege of canceling, suspending or abandoning the execution of all or any part of the work contemplated by this Agreement, with or without cause, at any time, by providing written notice to Consultant. The termination of this Agreement shall be deemed effective upon receipt of the notice of termination. In the event of such termination, Consultant shall immediately stop rendering services under this Agreement unless directed otherwise by the City. 4.3. Compensation. In the event of termination, City shall pay Consultant for reasonable costs incurred and professional services satisfactorily performed up to and including the date of City's written notice of termination. Compensation for work in progress shall be prorated as to the percentage of work completed as of the effecti ve date of termination in accordance with the fees set forth herein. In ascertaining the professional services actually rendered hereunder up to the effective date of termination of this Agreement, consideration shall be given to both completed work and work in progress, to complete and incomplete drawings, and to other documents pertaining to the services contemplated herein whether delivered to the City or in the possession of the Consultant. 4.4 Documents. In the event of termination of this Agreement, all documents prepared by Consultant in its performance of this Agreement including, but not limited to, finished or unfinished design, development and construction documents, data studies, drawings, maps and reports, shall be delivered to the City within ten (10) days of delivery of termination notice to Consultant, at no cost to City. Any use of uncompleted documents without specific written authorization from Consultant shall be at City's sole risk and without liability or legal expense to Consultant. 5.0. INSURANCE 5.1. Minimum Scope and Limits of Insurance. Consultant shall obtain and maintain during the life of this Agreement all of the following insurance coverages: (a) Comprehensive general liability, including premises-operations, products/completed operations, broad form property damage, blanket contractual liability, independent Consultants, personal injury with a policy limit of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence and aggregate. (b) Automobile liability for owned vehicles, hired, and non-owned vehicles, with a policy limit of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence and aggregate. (c) Workers' compensation insurance as required by the State of E\E11PENO\Agreements\ Willdan Associates Agreement.doc 4 e e e California. (d) Professional errors and omissions ("E&O") liability insurance with policy limits of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence and aggregate. Consultant shall obtain and maintain, said E&O liability insurance during the life of this Agreement and for three years after completion of the work hereunder. 5.2. Endorsements. The comprehensive general liability insurance policy shall contain or be endorsed to contain the following provisions: (a) Additional insureds: "The City of San Bernardino and its elected and appointed boards, officers, agents, and employees are addition- al insureds with respect to Consultant's performance under this Agreement with City.'" (b) Notice: "Said policy shall not terminate, nor shall it be cancelled, nor the coverage reduced, until thirty (30) days after written notice is given to City; ten (10) days notice if cancellation is due to non- payment of premium." (c) Other insurance: "Any other insurance maintained by the City of San Bernardino shall be excess and not contributing with the insurance provided by this policy." 5.3. Certificates of Insurance. Consultant shall provide to City certificates of insurance showing the insurance coverages and required endorsements described above, in a form and content approved by City, prior to performing any services under this Agreement. 5.4. Non-limiting. Nothing in this Section shall be construed as limiting in any way, the indemnification provision contained in this Agreement, or the extent to which Consultant may be held responsible for payments of damages to persons or property. 6.0. GENERAL PROVISIONS 6.1. Entire Agreement. This Agreement constitutes the entire Agreement between the parties with respect to any matter referenced herein and supersedes any and all other prior writings and oral negotiations. This Agreement may be modified only in writing, and signed by the parties in interest at the time of such modification. The terms of this Agreement shall prevail over any inconsistent provision in any other contract document appurtenant hereto, including exhibits to this Agreement. 6.2. Representatives. The Director of Development Services or her designee shall be the representative of City for purposes of this Agreement and may issue all F: \EMPENO\Agreements\ Willdan Associates Agreement.doc 5 e e e consents, approvals, directives and agreements on behalf of the City, called for by this Agreement, except as otherwise expressly provided in this Agreement. Consultant shall designate a representative for purposes of this Agreement who shall be authorized to issue all consents, approvals, directives and agreements on behalf of Consultant called for by this Agreement, except as otherwise expressly provided in this Agreement. 6.3. Notices. Any notices, documents, correspondence or other communications concerning this Agreement or the work hereunder may be provided by personal delivery, facsimile or mail and shall be addressed as set forth below. Such communication shall be deemed served or delivered: a) at the time of delivery if such communication is sent by personal delivery; b) at the time of transmission if such communication is sent by facsimile; and c) 48 hours after deposit in the U.S. Mail as reflected by the official U.S. postmark if such communication is sent through regular United States mail. IF TO CONSULTANT: Ronald L. Espalin, PE WiIldan Associates 650 East Hospitality Lane, Ste. 400 San Bernardino, CA 92408 Fax: (909) 888-5107 Tel: (909) 386-0200 IF TO CITY: Valerie C. Ross Director of Development Services 300 North "D" Street San Bernardino, CA 92418 Fax: 909-384-5080 Tel: 909-384-5357 6.4. Attorneys' Fees. In the event that litigation is brought by any party in connection with this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof. The costs, salary and expenses of the City Attorney and members of his office in connection with that action shall be considered as "attorneys' fees" for the purposes of this Agreement. 6.5. Governing Law. This Agreement shall be governed by and construed under the laws of the State of California without giving effect to that body of laws pertaining to conflict of laws. In the event of any legal action to enforce or interpret this Agreement, the parties hereto agree that the sole and exclusive venue shall be a court of competent jurisdiction located in San Bernardino County, California. 6.6. Assignment. Consultant shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of Consultant's interest in this Agreement without City's prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a breach of this Agreement and cause for termination of this Agreement. Regardless of City's consent, no subletting or assignment shall release Consultant of Consultant's obligation to perform all other F: \Et\.1PENO\Agreements\ Willdan Associates Agreement.doc 6 e e e obligations to be performed by Consultant hereunder for the term of this Agreement. 6.7 Indemnification and Hold Harmless. Consultant shall defend, indemnify, and hold harmless City and its elected and appointed officials, officers, and employees from any and all claims, lawsuits, liabilities, expenses, including attorney's fees, damage to property or injuries to or death of any person or persons or damages of any nature including, but not limited to, all civil claims or workers' compensation claims, to the extent arising out of, pertaining to, or related to the negligence, recklessness, or willful misconduct of Consultant, its employees, agents or subcontractors in the performance of this Agreement, except that such duty to defend, indemnify, and hold harmless shall not apply to the extent where injury to person or property is caused by City's negligence, recklessness or willful misconduct. 6.8. Indeoendent Consultant. Consultant is and shall be acting at all times as an independent Consultant and not as an employee of City. Consultant shall secure, at his expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for Consultant and its officers, agents, and employees, and all business licenses, if any are required, in connection with the services to be performed hereunder. 6.9. Ownershio of Documents. All findings, reports, documents, information and data including, but not limited to, computer tapes or discs, files and tapes furnished or prepared by Consultant or any of its subcontractors in the course of performance of this Agreement, shall be and remain the sole property of City. Consultant agrees that any such documents or information shall not be made available to any individual or organization without the prior consent of City. Any use of such documents for other projects not contemplated by this Agreement, and any use of incomplete documents, shall be at the sole risk of City and without liability or legal exposure to Consultant. City shall indemnify and hold harmless Consultant from all claims, damages, losses, and expenses, including attorneys' fees, arising out of or resulting from City's use of such documents for other projects not contemplated by this Agreement or use of incomplete documents furnished by Consultant. Consultant shall deliver to City any findings, reports, documents, information, data, in any form, including but not limited to, computer tapes, discs, files audio tapes or any other Project related items as requested by City or its authorized representative, at no additional cost to the City. 6.10. Public Records Act Disclosure. Consultant has been advised and is aware that all reports, documents, information and data including, but not limited to, computer tapes, discs or files furnished or prepared by Consultant, or any of its subcontractors, and provided to City may be subject to public disclosure as required by the California Public Records Act (California Government Code Section 6250 et. seq.). Exceptions to public disclosure may be those documents or information that qualify as trade secrets, as that term is defined in the California Government Code Section 6254.7, and of which Consultant informs City of such trade secret. The City will endeavor to maintain as confidential all information obtained by it that is designated as a trade secret. The City shall not, in any way, be liable or responsible for the disclosure of any trade secret F; \EtvIPENO\Agreements\ Willdan Associates Agreement.doc 7 -, e including, without limitation, those records so marked if disclosure IS deemed to be required by law or by order of the Court. 6.11. Responsibilitv for Errors. Consultant shall be responsible for its work and results under this Agreement. Consultant, when requested, shall furnish clarification and/or explanation as may be required by the City's representative, regarding any services rendered under this Agreement at no additional cost to City. In the event that an error or omission attributable to Consultant occurs, then Consultant shall, at no cost to City, provide all necessary data, documents, and other Consultant professional services necessary to rectify and correct the matter to the sole satisfaction of City and to participate in any meeting required with regard to the correction. 6.12. Prohibited Employment. Consultant will not employ any regular employee of City while this Agreement is in effect. 6.13. Order of Precedence. In the event of an inconsistency or conflict in this Agreement and any of the attached Exhibits or Attachments, the terms set forth in this Agreement shall prevail. e 6.14. Costs. Each party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein. 6.15. No Third Partv Beneficiary Rights. This Agreement is entered into for the sole benefit of City and Consultant and no other parties are intended to be direct or incidental beneficiaries of this Agreement and no third party shall have any right in, under or to this Agreement. 6.16. Headings. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement. 6.17. Construction. The parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, this Agreement shall be construed as if drafted jointly by the parties and in accordance with its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement. 6.18. Amendments. Only a writing executed by the parties hereto or their respective successors and assigns may amend this Agreement. e 6.19. Waiver. The delay or failure of either party at any time to require performance or compliance by the other of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. F:\EMPENO\Agreements\ Willdan Associates Agreement.doc 8 e e e 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. The waiver of any right or remedy with respect to any occurrence or event shall not be deemed a waiver of any right or remedy with respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver. 6.20. Severabilitv. If any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable in any circumstance, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance. 6.21. Counteroarts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement. 6.22. Coroorate Authoritv. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by doing so, the parties hereto are formally bound to the provisions of this Agreement. III III F:\ElvfPENO\Agreements\ Willdan Associates Agreement.doc 9 e e e AGREEMENT FOR PROFESSIONAL PLAN CHECK SERVICES IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their respective authorized officers, as of the date first above written. CITY OF SAN BERNARDINO, A Municipal Corporation, CONSULTANT Wll.lDAN ASSOCIATES By Fred Wilson, City Manager Ronald L. Espalin, P.E. Senior Vice President Approved as to form: James F. Penman, City Attorney "} .It F: \EMPENO\Agreements\ Willdan Associates Agreement.doc 10 e e e Ui ATTACHMENT 1 \Xl ~~~u~g~~ 650 Hospitality Lane. SUite 400 San Bernardino, California 92408-3317 909/386-0200 tax 909/888-51707 www.wlildan.com June 27,2007 Ms. Deborah R. Morrow CITY OF SAN BERNARDINO 300 N. "0" Street, 4th Floor San Bernardino, CA 92418 Subject: Proposal - Expeditious Building Plan Review Services RFP# F-07-48 Dear Ms. Morrow: Willdan welcomes the opportunity to present this proposal to provide expeditious building and safety plan check seNices for the City of San Bernardino. While our exceptional qualifications in Building and Safety plan check seNices are presented in the proposal, listed below are reasons why Willdan is qualified to perform this seNice to the City of San Bernardino. . Willdan has maintained a local office in San Bernardino for more than twenty-eight years. . We specialize in Building and Safety plan check and inspection seNices, engineering plan check and public works inspection seNices. . All of our key staff were former public sector employees. . Local contractors, architects, engineers and property owners may meet with plan check staff in Willdan's San Bernardino office, thereby relieving congestion at City Hall. . Large projects will be plan checked locally and given special handling under the direction of the City's Building Official. . Our staff is familiar with the City's procedures and standards of construction. Our approach to each assignment is to furnish the client with technical assistance and strong project management in a professional, efficient and economical manner. We are looking forward to continuing to provide building and safety seNices to the City of San Bernardino and would welcome any request to further present our qualifications, capabilities and approach to this assignment. e e e This bid shall remain valid for a period of not less than ninety (90) days from the date of submittal. Respectfully submitted, ~ WlllDAN ~/y , Ronald L. Espalin, PE Senior Vice President tit tit SCOPE of SERVICES Willdan specializes in providing professional building, engineering, and planning services to municipalities. The firm has been providing building and safety services to cities and counties on a contract basis since 1979. Willdan presently serves in the capacity of Building Official in more than 20 cities throughout California. In this capacity, we provide a full range of services including plan review, permit issuance, inspection and code enforcement. We service client needs from an occasional overload plan review to staffing an entire Building Department. Willdan has gained a great deal of municipal insight and expertise in serving our extensive clientele over the years. We have performed plan review and inspection on projects ranging from single family residential additions to complex high rise towers, medical facilities and industrial centers. Willdan's experience and strength in building and safety plan check encompasses the complete range of technical disciplines, that is, structural engineering plan check, fire-life safety, electrical, plumbing and mechanical codes, the Title 24 codes, as well as local amendments to the adopted codes. SCOPE OF SERVICES Plan Check Services . Willdan will examine building plans for compliance with the adopted version of the California Building Code, California Mechanical Code, California Plumbing Code, National Electrical Code, and the Accessibility, Noise and Energy Conservation requirements as mandated by State Title 24 and all applicable Ordinances. Our approach to the plan check process includes attention to code requirements as well as an overview of the application package for other applicable requirements such as approvals from other local agencies and districts. Willdan's plan checkers are registered engineers and certified plans examiners. All plan review will comply with the City's directives, codes and policies. Plan check will include a review of any or all of the following design elements as determined by the City: ' Architectural and life-safety Structural Electrical Plumbing Mechanical Energy Conservation Regulations (Title 24) Disabled Access Regulations (C.B.C. - T-24) Turn-Around Schedule Typical turn-around time for the initial plan check is eight (8) working days, four (4) days for rechecks. This schedule is applicable for all types of construction and can be adjusted to serve the City in the most efficient manner. Willdan will provide expedited plan review if requested at no additional cost to the City. 3 City of San Bernardino RFP F - 07 - 48 June 27. 2007 e e e Willdan staff will either pick up the plans from the City, or have them overnighted to our office at no cost to the City. All plans will be returned to the City either by messenger or overnight delivery at no cost to the City. Willdan will notify each applicant with two complete sets of typewritten plan check letters outlining the documents reviewed, instructions to the applicant regarding the processing of documents, and a listing of plan check comments. The plan check comments will refer to appropriate sheets, details or calculations pages and the code section of concern. Comments shall specify the apparent code violation. Plan checkers will be available during work hours to discuss and clarify plan check issues with designers, owners and contractors. Plan checkers will be prepared to attend all required meetings at a location determined by the City and/or applicant, either the same day as requested, or within 24 hours notice. Resolutions of code issues may be accomplished by telephone, or meetings prior to resubmitting corrected plans and documents. Plan checkers will attend all required meetings as deemed necessary by the City Building Official. During unforeseen high work load periods, Willdan will employ company-wide resources to ensure that all plan review is being performed in the specific time allowed. 4 City of San Bernardino RFP F - 07 - 48 June 27. 2007 e e e PRICE FORM REQUEST FOR QUOTES RFP F-07-48 DESCRIPTION OF RFP: Expeditious Building Plan Review Services BIDDER'S NAME/ADDRESS: WILLDAN 650 Hospitality Lane Suite #400 San Bernardino CA 92408 NAME/TELEPHONE NO. OF AUTHORIZED REPRESENTATIVE Ronald L Espalln, PE., Senior Vice PreSident 909-386-0200 ANNUAL PURCHASE ORDER Effective on or about July 1, 2007 through June 30, 2008 plus two single-year options, for City's partial requirements, on an as-needed basis, with no guaranteed usage for Expeditious Building Plan Review Services. Ootion year one, if exercised, shall be effective July 1, 2008 through June 30, 2009. Ootion year two, if exercised, shall be effective July 1, 2009 through June 30, 2010. Actual option year pricing shall be negotiated with the successful Bidder(s) prior to exercising of any given option year. Option years shall become effective only upon issuance by the City of a duly authorized Purchase Order. Please provide detailed Firm Fixed Price cost information in the spaces provided below, and any other incidental or additional costs required to complete the Technical Specification requirements. e RFQ F-07-48 PRICE FORM (contL) Description Cost 1. Percentage of Plan Review Fee (See Schedule of Fees): Please see attached 2. Percentage of Plan Review Fees (Structural Only): Please see attached 3. Hourly Rate: Please see attached 4. Optional Services: Please see attached 5. Other: Please see attached e Are there any other additional or incidental costs that will be require meet the requirements of the Technical Specifications? Yes / No answered "Yes", please provide detail of said additional costs: - your firm in order to . (Circle one). If you Please indicate any elements of the Technical Specifications that cannot be met by your firm. _ Have you included in your bid all informational items and forms as reqUested?~~ / No (circle one). If you answered "No", please explain: . e This offer shall remain firm for 90 days from RFP close date. Terms and conditions as set forth in this RFP apply to this bid. -- e tit Cash discount allowable _~~.2....- days; unless othelWise stated, payment terms are: Net thirty (30) days, In signing this bid, Bidder warrants that all certifications and documents requested herein are attached and properly completed and signed, From time to time, the City may issue one or more addenda to this RFP, Below, please indicate all Addenda to this RFP received by your firm, and the date said Addenda was/were received. Verification of Addenda Received Addenda No: 1 Addenda No: '2, Addenda No: Received on: June 4, 2007 ..reNe' " ,...." ,." ~ Received on: ~~_/, . AUTHORIZED SIGNATURE: PRINT SIGNER'S NAME AND TITLE: Ronald L. Espalin, PE, Senior Vice President DATE SIGNED June 27, 2007 COMPANY NAME & ADDRESS: WILLDAN 650 Hospitality Lane, Suite 400 San Bernardino, CA 92408 PHONE: 909-386-0200 FAX: 909-888-5107 IF SUBMITTING A "NO BID", PLEASE STATE REASON (5) BELOW: e COMPENSATION We propose that compensation for plan review services be as follows: 85% - for projects with a valuation less than $0.5 million (excluding Tl's, additions and remodels) 75% - for projects with a valuation greater than $0.5 million, but less than $5.0 million (excluding Tl's, additions and remodels) 65% - for projects with a valuation greater than $5.0 million (excluding TI's, additions and remodels) 55% - for projects with a valuation greater than $10.0 million (excluding Tl's, additions and remodels) 50% - for projects with a valuation greater than $15.0 million (excluding TI's, additions and remodels) tit 50% - for structural only plan checks For plan review after second recheck, miscellaneous plan review services, such as, room additions, tenant improvements, special structures, etc., we propose an hourly time and material fee per Willdan's Schedule of Hourly Rates attached herein. tit \Xl ~~~U~'~~~ e ENGINEERING Principal Engineer . $160.00 Division Manager ... . ...... ................. 150.00 City Engineer.. . .... . .. .. ..... .....150.00 Project Manager .................. .150.00 Supervising Engineer.. ...... 135.00 Senior Engineer.. ... 120.00 Senior Design Manager. ...120.00 Design Manager.. 110.00 Associate Engineer. . .110.00 Senior Designer.. .. ......... ...... ... 105.00 Senior Design Engineer II ............... ... ... ......105.00 Senior Design Engineer I. 100.00 Designer II. 100.00 Designer I. .. ..... ........... .. ...95.00 Design Engineer II ................... ...... 95.00 Design Engineer I. . .... . . .. ....90.00 Senior Drafter ..... . .. . ................... .. 90.00 Drafter II ........... .. 60.00 Drafter L ......... ............. .. 75.00 Technical Aide........ ... ......... .........65.00 CONSTRUCTION MANAGEMENT Division Manager ............. ........ 150.00 Project Manager ..................... ................. .. 150.00 Asenior Construction Manager........ . .. ......130.00 ~onstruction Manager ............. . ................ ....... 120.00 Assistant Construction Manager.............. ..... 100.00 Utility Coordinator ......... ................ ...............105.00 Supervising Public Works Observer........................ 105.00 Senior Public Works Observer.... ............. ..... 90.00 Public Works Observer.......... .. **60.00/90.00 Assistant Public Works Observer ............... **70.00/90.00 Labor Compliance Manager... . ............ ....... 105.00 Labor Compliance Specialist ......... .......60.00 SURVEYING Division Manager . .............. ......... Supervisor - Survey & Mapping Senior Survey Analyst Senior Calculator.. ........... Calculator II.............. Calculator I.. Survey Analyst II .. Survey Analyst I .. Survey Party Chief..... Two-Man Field Party.... Three-Man Field Party .. ......... ..150.00 .... 135.00 . .. . .................. 105.00 .......... ............105.00 .... .... .......90.00 ....................... ... 60.00 . ................ 90.00 ....... ... . . ..... .....60.00 ......... . ...... .....100.00 .... ........ ...... ... .. ..... ...... 200.00 ......... ...... . ............ .... ......250.00 WILLDAN ~chl!.dulp. nf U()urly Rates July 1, 2003 LANDSCAPE ARCHITECTURE Division Manager .............................. .....150.00 Principal Landscape Architect ........ ..........120.00 Senior Landscape Architect ....... ............ .....100.00 Associate Landscape Architect........ .... ........ 95.00 Assistant Landscape Architect. ......... .....60.00 BUILDING AND SAFETY Division Manager ............ .............. .150.00 Supervising Plan Check Engineer ..... .............120.00 Building Official.......... .. .......... .. ..... 120.00 Plan Check Engineer ............. .........110.00 Deputy Building OfficiaL.. .............. .........110.00 Inspector of Record....... . .......... ........ .......110.00 Senior Plans Examiner ....... ........... 100.00 Supervising Building Inspector. ................. .............. 100.00 Plans Examiner...... .. ..... ........ ...............90.00 Senior Building Inspector.... ....................90.00 Building Inspector .............. .. .... ... .......... .*60.00 /90.00 Supervising Construction Permit Specialist................ 60.00 Senior Construction Permit Specialist......................... 75.00 Assistant Building Inspector....................... **70.00 /90.00 Code Enforcement Officer. .............................65.00 Construction Permit Specialist. ............60.00 Assistant Construction Permit Specialist ................... 55:00 Plans Examiner Aide................. .....................55.00 Assistant Code Enforcement Officer.... .......... 55.00 PLANNING Division Manager. ................................150.00 Principal Planner.... .......... ....... ...................120.00 Principal Community Development Planner ............. 120.00 Senior Planner ..................... ............... ......110.00 Senior Community Development Planner................. 110.00 Associate Planner.. .............................. ..........95.00 Associate Community Development Planner.............. 95.00 Assistant Community Development Planner............... 65.00 Assistant Planner........ .. ........... .............. .................65.00 Planning Technician.... ....... ..... ........... .... ...........65.00 Community Development Technician ..............65.00 A DMINISTRA TIVE Computer Data Entry ClericaL............. ......... Word Processing.... ................. .......... Personal Computer Time ....................... .................50.00 ..........50.00 ..........50.00 ........15.00 "Prevailing Wage Project, Use $90.00/Hour e.dditional billing claSSifications may be added to the above listing during the year as new positions are created. Consultation in connection with litigation and court appearances will be quoted separately. The above schedule is for straight time. Overtime will be charged at 1.25 times, and Sundays and holidays, 1.70 times the standard rates. Blueprinting, reproduction, messenger services, and printing will be invoiced at cost plus fifteen percent (15%). A subconsultant management fee of fifteen percent (15%) will be added to the direct cost of all subconsultant services to provide for the cost of administration, consultation, and coordination. C IMY DOCUMENTSlRATESWIlLOANC3 ooc July 1 2003 e e e Exhibit B AGREEMENT FOR PROFESSIONAL BUILDING PLAN CHECK SERVICES THIS AGREEMENT is made and entered into this day of 2007 ("Effective Date"), by and between the CITY OF SAN BERNARDINO, a charter city ("City"), and Interwest Consulting Group, a California corporation ("Consultant"). WITNESSETH: A. WHEREAS, City proposes to have Consultant perform professional building plan check services described herein; and B. WHEREAS, Consultant represents that it has that degree of specialized expertise contemplated within California Government Code, Section 37103, and holds all necessary licenses to practice and perform the services herein contemplated; and C. WHEREAS, City and Consultant desire to contract for professional building plan check services and desire to set forth their rights, duties and liabilities in connection with the services to be performed; and D. WHEREAS, no official or employee of City has a financial interest, within the provisions of California Government Code, Sections 1090-1092, in the subject matter of this Agreement. NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the parties hereby agree as follows: 1.0. SERVICES PROVIDED BY CONSULTANT 1.1. Score of Services. Consultant shall furnish professional building plan check services to City in accordance with Specification No. F-07-48 on file with the Director of Development Services and with Consultant's Proposal dated June 27, 2007, attached and incorporated herein as Attachment 1. 1.2. Professional Practices. All professional services to be provided by Consultant pursuant to this Agreement shall be provided by personnel experienced in their respective fields and in a manner consistent with the standards of care, diligence and skill ordinarily exercised by professional Consultants in similar fields and circumstances in accordance with sound professional practices. Consultant also warrants that it is familiar with all laws that may affect its performance of this Agreement and shall advise City of any changes in any laws that may affect Consultant's performance of this Agreement. 1.3. Warrantv. Consultant warrants that it shall perform the services required F: \EMPENO\Agreements\Interwest Final Agreement.doc 1 e e e by this Agreement in compliance with all applicable Federal and California employment laws including, but not limited to, those laws related to minimum hours and wages; occupational health and safety; fair employment and employment practices; workers' compensation insurance and safety in employment; and all other Federal, State and local laws and ordinances applicable to the services required under this Agreement. Consultant shall indemnify, defend, and hold harmless City from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description, including attorneys' fees and costs, presented, brought, or recovered against City for, or on account of any liability under any of the above-mentioned laws, which may be incurred by reason of Consultant's performance under this Agreement. 1.4. Non-discrimination. In performing this Agreement, Consultant shall not engage in, nor permit its agents to engage in, discrimination in employment of persons because of their race, religion, color, national origin, ancestry, age, physical handicap, medical condition, marital status, sexual gender or sexual orientation, or any other category protected by law, except as permitted pursuant to Section 12940 of the Government Code. Violation of this provision may result in the imposition of penalties referred to in Labor Code, Section 1735. 1.5 Non-Exclusive Agreement. Consultant acknowledges that City may enter into agreements with other Consultants for services similar to the services that are subject to this Agreement or may have its own employees perform services similar to those services contemplated by this Agreement. 1.6. Delegation and Assignment. This is a personal services contract, and the duties set forth herein shall not be delegated or assigned to any person or entity without the prior written consent of City. 1.7. Business License: The Consultant shall obtain and maintain a valid City Business Registration Certificate during the term of this Agreement. 1.8. Dutv of Lovaltv/Conflict of Interest: The Consultant understands and agrees that in performing building plan check services for the City, Consultant shall maintain a fiduciary duty and a duty of loyalty to the City in performing Consultant's obligations under this Agreement. Consultant, in performing its obligations under this Agreement, is governed by California's conflict of interest laws, Government Code Section 87100 et seq., and Title 2, California Code of Regulations Section 18700 et seq. 2.0. COMPENSATION AND BILLING 2.1. Compensation. Over the term of this Agreement, Consultant shall be paid for such services in accordance with Attachment I. 2.2. Additional Services. Consultant shall not receive compensation for any services provided outside the Scope of Services specified in this Agreement unless the City, prior to Consultant performing the additional services, approves such additional F; \E1.1PENO\Agreements\Interwest Final Agreement.doc 2 e e e services in wntmg. It is specifically understood that oral requests and/or approvals of such additional services or additional compensation shall be barred and are unenforceable. 2.3. Method of Billing. Consultant may submit invoices to City's Development Services Director for approval on a progress basis, but no more often than monthly. Said invoice shall be based on the total of all of Consultant's services which have been completed to City's sole satisfaction. City shall pay Consultant's invoice within forty-five (45) days from the date City receives said invoice. Each invoice shall describe in detail, the services performed and the associated time for completion. Any additional services approved and performed pursuant to this Agreement shall be designated as "Additional Services" and shall identify the number of the authorized change order, where applicable, on all invoices. 2.4. Records and Audits. Records of Consultant's services relating to this Agreement shall be maintained in accordance with generally recognized accounting principles and shall be made available to City for inspection and/or audit at mutually convenient times for a period of three (3) years from the Effective Date. 3.0. TIME OF PERFORMANCE 3.1. Commencement and Completion of Work. The professional services to be performed pursuant to this Agreement shall commence within five (5) days from the Effective Date of this Agreement. Said services shall be performed in strict compliance with the Schedule issued by the Development Services Director or her designee. Failure to commence work in a timely manner and/or diligently pursue work to completion may be grounds for termination of this Agreement. The standard turn-around time for assigned plan checks shall be 10 (ten) working days for the initial check and 5 (five) working days for rechecks. If these standard turn-around times are not met, a penalty of 10 (ten) percent of the Consultant's plan check fee will be assessed for the assigned plan check. 3.2. Excusable Delavs. Neither party shall be responsible for delays or lack of performance resulting from acts beyond the reasonable control of the party or parties. Such acts shall include, but not be limited to, acts of God, fire, strikes, material shortages, compliance with laws or regulations, riots, acts of war, or any other conditions beyond the reasonable control of a party. 4.0. TERM AND TERMINATION 4.1. Term. This Agreement shall commence on the Effective Date and continue for a period of one (1) year, ending one year after the Effective Date, unless previously terminated as provided herein or as otherwise agreed to in writing by the parties. There may be two one-year extensions of the Agreement upon mutual agreement of the parties. F: \ EMPENO\ Agreements \Interwest Final Agreement.doc 3 e e e 4.2. Notice of Termination. The City reserves and has the right and privilege of canceling, suspending or abandoning the execution of all or any part of the work contemplated by this Agreement, with or without cause, at any time, by providing written notice to Consultant. The termination of this Agreement shall be deemed effective upon receipt of the notice of termination. In the event of such termination, Consultant shall immediately stop rendering services under this Agreement unless directed otherwise by the City. 4.3. Compensation. In the event of termination, City shall pay Consultant for reasonable costs incurred and professional services satisfactorily performed up to and including the date of City's written notice of termination. Compensation for work in progress shall be prorated as to the percentage of work completed as of the effective date of termination in accordance with the fees set forth herein. In ascertaining the professional services actually rendered hereunder up to the effective date of termination of this Agreement, consideration shall be given to both completed work and work in progress, to complete and incomplete drawings, and to other documents pertaining to the services contemplated herein whether delivered to the City or in the possession of the Consultant. 4.4 Documents. In the event of termination of this Agreement, all documents prepared by Consultant in its performance of this Agreement including, but not limited to, finished or unfinished design, development and construction documents, data studies, drawings, maps and reports, shall be delivered to the City within ten (10) days of delivery of termination notice to Consultant, at no cost to City. Any use of uncompleted documents without specific written authorization from Consultant shall be at City's sole risk and without liability or legal expense to Consultant. 5.0. INSURANCE 5.1. Minimum Scope and Limits of Insurance. Consultant shall obtain and maintain during the life of this Agreement all of the following insurance coverages: (a) Comprehensive general liability, including premises-operations, products/completed operations, broad form property damage, blanket contractual liability, independent Consultants, personal injury with a policy limit of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence and aggregate. (b) Automobile liability for owned vehicles, hired, and non-owned vehicles, with a policy limit of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence and aggregate. (c) Workers' compensation insurance as required by the State of F:\Elv1PENO\Agreements\Interwest Final Agreement.doc 4 e e e California. (d) Professional errors and omissions ("E&O") liability insurance with policy limits of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence and aggregate. Consultant shall obtain and maintain, said E&O liability insurance during the life of this Agreement and for three years after completion of the work hereunder. 5.2. Endorsements. The comprehensive general liability insurance policy shall contain or be endorsed to contain the following provisions: (a) Additional insureds: "The City of San Bernardino and its elected and appointed boards, officers, agents, and employees are addition- al insureds with respect to Consultant's performance under this Agreement with City." (b) Notice: "Said policy shall not terminate, nor shall it be cancelled, nor the coverage reduced, until thirty (30) days after written notice . is given to City; ten (10) days notice if cancellation is due to non- payment of premium." (c) Other insurance: "Any other insurance maintained by the City of San Bernardino shall be excess and not contributing with the insurance provided by this policy." 5.3. Certificates of Insurance. Consultant shall provide to City certificates of insurance showing the insurance coverages and required endorsements described above, in a form and content approved by City, prior to performing any services under this Agreement. 5.4. Non-limiting. Nothing in this Section shall be construed as limiting in any way, the indemnification provision contained in this Agreement, or the extent to which Consultant may be held responsible for payments of damages to persons or property. 6.0. GENERAL PROVISIONS 6.1. Entire Agreement. This Agreement constitutes the entire Agreement between the parties with respect to any matter referenced herein and supersedes any and all other prior writings and oral negotiations. This Agreement may be modified only in writing, and signed by the parties in interest at the time of such modification. The terms of this Agreement shall prevail over any inconsistent provision in any other contract document appurtenant hereto, including exhibits to this Agreement. 6.2. Reoresentatives. The Director of Development Services or her designee shall be the representative of City for purposes of this Agreement and may issue all F:\E:MPENO\Agreements\Intenvest Final Agreement.doc 5 e consents, approvals, directives and agreements on behalf of the City, called for by this Agreement, except as otherwise expressly provided in this Agreement. Consultant shall designate a representative for purposes of this Agreement who shall be authorized to issue all consents, approvals, directives and agreements on behalf of Consultant called for by this Agreement, except as otherwise expressly provided in this Agreement. 6.3. Notices. Any notices, documents, correspondence or other communications concerning this Agreement or the work hereunder may be provided by personal delivery, facsimile or mail and shall be addressed as set forth below. Such communication shall be deemed served or delivered: a) at the time of delivery if such communication is sent by personal delivery; b) at the time of transmission if such communication is sent by facsimile; and c) 48 hours after deposit in the U.S. Mail as reflected by the official U.S. postmark if such communication is sent through regular United States mail. e IF TO CONSULT ANT: Paul Armstrong Interwest Consulting Group 844 West Highland Avenue P.O. Box 8713 Redlands, CA 92375 Fax: 798-3500 Tel: (909) 798-3131 Toll Free: (888) 648-9033 IF TO CITY: Valerie C. Ross Director of Development Services 300 North "D" Street San Bernardino, CA 92418 Fax: 909-384-5080 Tel: 909-384-5357 6.4. Attornevs' Fees. In the event that litigation is brought by any party in connection with this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof. The costs, salary and expenses of the City Attorney and members of his office in connection with that action shall be considered as "attorneys' fees" for the purposes of this Agreement. 6.5. Governing Law. This Agreement shall be governed by and construed under the laws of the State of California without giving effect to that body of laws pertaining to conflict of laws. In the event of any legal action to enforce or interpret this Agreement, the parties hereto agree that the sole and exclusive venue shall be a court of competent jurisdiction located in San Bernardino County, California. e 6.6. Assignment. Consultant shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of Consultant's interest in this Agreement without City's prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a breach of this Agreement and cause for termination of this Agreement. Regardless of City's consent, no subletting F:\E:MPENO\Agreements\Interwest Final Agreement.doc 6 e e e or assignment shall release Consultant of Consultant's obligation to perform all other obligations to be performed by Consultant hereunder for the term of this Agreement. 6.7 Indemnification and Hold Harmless. Consultant shall defend, indemnify, and hold harmless City and its elected and appointed officials, officers, and employees from any and all claims, lawsuits, liabilities, expenses, including attorney's fees, damage to property or injuries to or death of any person or persons or damages of any nature including, but not limited to, all civil claims or workers' compensation claims, to the extent arising out of, pertaining to, or related to the negligence, recklessness, or willful misconduct of Consultant, its employees, agents or subcontractors in the performance of this Agreement, except that such duty to defend, indemnify, and hold harmless shall not apply to the extent where injury to person or property is caused by City's negligence, recklessness or willful misconduct. 6.8. Independent Consultant. Consultant is and shall be acting at all times as an independent Consultant and not as an employee of City. Consultant shall secure, at his expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for Consultant and its officers, agents, and employees, and all business licenses, if any are required, in connection with the services to be performed hereunder. 6.9. Ownership of Documents. All findings, reports, documents, information and data including, but not limited to, computer tapes or discs, files and tapes furnished or prepared by Consultant or any of its subcontractors in the course of performance of this Agreement, shall be and remain the sole property of City. Consultant agrees that any such documents or information shall not be made available to any individual or organization without the prior consent of City. Any use of such documents for other projects not contemplated by this Agreement, and any use of incomplete documents, shall be at the sole risk of City and without liability or legal exposure to Consultant. City shall indemnify and hold harmless Consultant from all claims, damages, losses, and expenses, including attorneys' fees, arising out of or resulting from City's use of such documents for other projects not contemplated by this Agreement or use of incomplete documents furnished by Consultant. Consultant shall deliver to City any findings, reports, documents, information, data, in any form, including but not limited to, computer tapes, discs, files audio tapes or any other Project related items as requested by City or its authorized representative, at no additional cost to the City. 6.10. Public Records Act Disclosure. Consultant has been advised and is aware that all reports, documents, information and data including, but not limited to, computer tapes, discs or files furnished or prepared by Consultant, or any of its subcontractors, and provided to City may be subject to public disclosure as required by the California Public Records Act (California Government Code Section 6250 et. seq.). Exceptions to public disclosure may be those documents or information that qualify as trade secrets, as that term is defined in the California Government Code Section 6254.7, and of which Consultant informs City of such trade secret. The City will endeavor to maintain as confidential all information obtained by it that is designated as a trade secret. The City F: \EWENO\Agreements\Interwest Final Agreement-doc 7 e e e shall not, in any way, be liable or responsible for the disclosure of any trade secret including, without limitation, those records so marked if disclosure is deemed to be required by law or by order of the Court. 6.11. Responsibility for Errors. Consultant shall be responsible for its work and results under this Agreement. Consultant, when requested, shall furnish clarification andlor explanation as may be required by the City's representatiye, regarding any services rendered under this Agreement at no additional cost to City. In the event that an error or omission attributable to Consultant occurs, then Consultant shall, at no cost to City, provide all necessary data, documents, and other Consultant professional services necessary to rectify and correct the matter to the sole satisfaction of City and to participate in any meeting required with regard to the correction. 6.12. Prohibited Employment. Consultant will not employ any regular employee of City while this Agreement is in effect. 6.13. Order of Precedence. In the event of an inconsistency or conflict in this Agreement and any of the attached Exhibits or Attachments, the terms set forth in this Agreement shall preYail. 6.14. Costs. Each party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein. 6.15. No Third Party Beneficiary Rights. This Agreement is entered into for the sole benefit of City and Consultant and no other parties are intended to be direct or incidental beneficiaries of this Agreement and no third party shall have any right in, under or to this Agreement. 6.16. Headings. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement. 6.17. ConstrUction. The parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, this Agreement shall be construed as if drafted jointly by the parties and in accordance with its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement. 6.18. Amendments. Only a writing executed by the parties hereto or their respective successors and assigns may amend this Agreement. 6.19. Waiver. The delay or failure of either party at any time to require performance or compliance by the other of any of its obligations or agreements shall in F:\EMPENO\Agreements\Interwest Final Agreement.doc 8 e e e no way be deemed a waiver of those rights to require such performance or compliance. 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. The waiver of any right or remedy with respect to any occurrence or event shall not be deemed a waiver of any right or remedy with respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver. 6.20. Severabilitv. If any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable in any circumstance, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance. 6.21. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement. 6.22. Corporate Authoritv. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by doing so, the parties hereto are formally bound to the provisions of this Agreement. III III E\EMPENO\Agreements\Interwest Final Agreement.doc 9 e AGREEMENT FOR PROFESSIONAL PLAN CHECK SERVICES IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their respective authorized officers, as of the date first above written. CITY OF SAN BERNARDINO, A Municipal Corporation, CONSULT ANT INTER WEST CONSULTING GROUP By Fred Wilson, City Manager Paul Armstrong Approved as to form: e James F. Penman, City Attorney jJ~ e F:\EIvlPENO\Agreements\Interwest Final Agreemenldoc 10 , .. . ilta ". . , , , , , , , " , . , . ~ . . - ~ ~ ~ ~ . ~ .. ~ ~ ~ , ~ . ~ ~ :e & . t , ATTACHMENT 1 PROPOSAL TO PROVIDE EXPEDITIOUS BUILDING PLAN REVIEW SERVICES June 27, 2007 Proposal to Provide Expeditious Building Plan Review Services RFP F-07-48 Prepared for City of San Bernardino 300 North "D" Street 4'" Floor. Attn: Deborah R. Morrow San Bernardino. CA 92418 By Interwest Consulting Group Dave Martinez Project Manager 844 West Highland Avenue PO. 80x 8713 Redlands CA. 92375 909.798.3131 Office 909.798.3500 Fax 888.648.9033 Tollfree !' ., ~ ~ It ~ ~ j ~ . . t t t t .- . . . I . I I . . . . . .' .' .' . . . . . . .e .' . .,} ~'; PROPOSAL TO PROVIDE EXPEDITIOUS BUILDING PLAN REVIEW SERVICES PLAN REVIEW SERVICES Scope of Review Interwest Consulting Group's Building and Safety Division is comprised of multiple California licensed structural, civil, mechanical, fire protection and electrical engineers as well as ICC/ICBO certified plans examiners. Collectively, this group holds a vast range of experience In both design and plan review for projects ranging from large multi-story institutional, commercial, industrial, and essential service facilities to Single-story wood frame projects. Our structural engineers have experience deSigning and reViewing projects with Virtually all bUilding materials Including . Wood Masonry . Concrete . Steel . Our engineers have reviewed or have design experience on a wide array of structural systems including: . FEM/1 Compliant Steel Moment Frames . Wood Shearwall Systems . Buckling Restrained Braced Frames Energy . Masonry Shearwall Systems DiSsl{Jation Systems . Concrete Shearwall Systems . Eccentric Braced Frames . Cantilevered Column Systems . Concentric Braced Frames . Pre-Stressed / Post-Tensioned Concrete . Concrete Moment Frames Interwest Consulting Group structural engineers are experienced with the provisions of most model codes including current versions of: . Title 24. Part 2, Volume 2, California Code of Regulations (CCR) International BUilding Code (IBC) ASCE 1 . NEHRP . AISC 341 & 360 . ACI . FEM/1 350, 351 & 353 . . We are experienced and familiar with the use and application of the following model codes: . Califorma Code of Regulations, Title 24, Parts I through 6 and 9 International BUilding Code (IBC) ANSI Standards NFPA . . . We will review submitted design documents to ensure compliance to the current edition of the following codes: . California Building Code California Plumbmg Code Califorma Mechamcal Code California Electrical Code California Building Energy Efficiency Standards . . State & Local Hazardous Matenals Regulations JunsdlCtlon-.Adopted Amendments or Ordinances Title 24 Disabled Access Regulations . . . . . 8 , , ~' ~ . . . . . . . . . . . . . . t :e , , .. t . . ~ t, t ~ ., t ~ ., ~ '. ~- ~ ~ ~ , PROPOSAL TO PROVIDE EXPEDITIOUS BUILDING PLAN REVIEW SERVICES We also provide plan review services based upon the following local or national standards when required . International Buildmg Code . International Residential Code . International Mechanical Code . International Plumbing Code . International Fire Code . ASCE 7-05 . 2001 NFPAStandards 10, 12. 130, 14, 11 17A. 20, 24, n 31 45. 55. 58 72. 90A. 99- I 10, 232, 704 . 2001 Caltfornia Fire Code . FEMA and NEHRP ReqUirements for EXisting Buildmgs Customer Service Interwest Consulting Group will work directly with applicants during the plan review process to resolve all code related issues and to provide complete and coordinated documents upon completion of the plan review process. Our staff of engineers and plans examiners are available by phone or e-mail to answer questions pertaining to our plan reviews, we are also available to meet with applicants and designers on a face-ta-face basis as required to resolve plan review issues. Meeting Availability Interwest Consulting Group's engineeers and plans examiners will be available to meet with the City of San Bernardino BUilding Department's staff at their request to discuss and resolve plan review and code related issues. Due to the proximity of our office the the City of San Bernardino's Building Department, our staff can usually meet with the City's staff on the same day the meeting is requested. Transporting Plans Interwest Consulting Group will arrange for all pick-up and delivery of plan review documents from and to the City. Our staff shall respond within one working day upon notification that a plan check has been authorized and provide pick-up service. Plan Review Tracking Method & Billing Process We will create and maintain a Jurisdiction File which contains our research on any unique amendments or specifications required by your JUrisdiction, billing arrangements, contact Information and any special requests you would like us to keep in mind. Interwest Consulting Group uses a custom-designed database to maintain and track all plans throughout the review process from the moment you request a shipment to delivery of the final, approved documents. Communicating Plan Review Results Plan reviews, when not immediately approved, Will result in lists of comments referring to specific details and drawings, and referenCing applicable code sections. Interwest Consulting Group will provide a clear, concise, and thorough document Ii.e., comment list) from which clients, designers, contractors, and owners can work. Comment lists are delivered to our clients and other designated recipients le.g, designers, contractors, ownersj via emall, FAX, and/or reliable overland carrier. Depending on the City's preferred process, Interwest Consulting Group will transmit plan review comments and coordinate re-checks directly with the applicant/design team or through the Jurisdiction Completed plan review documents ready for approval will be returned to the City for final approval 9 ~ ~. J" J:a .. t t t . t t t t. t. t t t, ~, t ~ t'e' J, . , t, J, .), ~ . ~ , ~ ; , , I , , :e " 'ft t, PROPOSAL TO PROVIDE EXPEDITIOUS BUILDING PLAN REVIEW SERVICES On-Site Consultant Services Interwest Consulting Group has a full-time staff of experienced plan reviewers and licensed Structural, Civil. Electrical, Fire Protection and Mechanical Engineers available to provide on-site plan review services. In addition, staff IS available for pre-construction or pre-design meetings, field visits, contacts with the design team, and support for field inspection personnel as needed. With some reasonable limitations, pre-construction and pre-design meetings associated with projects that we plan review are considered part of the plan review service. Turnaround Times Interwest Consulting Group's goal IS to be flexible and responsive. Our turnaround times are quick. We understand the City of San Bernardino requires a 10 day turnaround. We are committed to completing plan reviews as prompt or sooner than the jurisdiction's own internal schedule and work hard to accommodate any turn-around schedule desired. Large or unusually complex plan review projects may require additonal turn-around time. For those larger more complex projects, Interwest will be glad to work with the City of San Bernardino to establish specific time lines on a case by case baSIS. Special Projects We are able to accommodate special project plan review needs, such as fast-track, multi- phased, or accelerated plan reviews. We establish specific turn-around goals and procedures with jurisdiction staff for these types of projects based on the project complexity, the construction schedule. 10 I . -- e e PRICE FORM REQUEST FOR QUOTES: RFP F-07-48 DESCRIPTION OF RFP: Expeditious Building Plan Review Services BIDDER'S NAME/ADDRESS: Interwest Consulting Group 4113 Bellflower Blvd. Long Beach, CA 90808 NAMEITELEPHONE NO. OF AUTHORIZED REPRESENTATIVE Paul Armstrong, Southern CA Build' g & Safety. Director 562.420.7905 Office I 562.420. 815 Fax ANNUAL PURCHASE ORDER Effective on or about July 1, 2007 through June 30, 2008 plus two single-year options,for City's partial requirements, on an as-needed basis, with no guaranteed usage for Expeditious Building Plan Review Services. Ootion year one, if exercised, shall be effective July 1, 2008 through June 30, 2009. Ootion year two, if exercised, shall be effective July 1, 2009 through June 30, 2010. Actual option year pricing shall be negotiated with the successful Bidder(s) prior to exercising of any given option year. Option years shall become effective only upon issuance by the City of a duly authorized Purchase Order. Please provide detailed Firm Fixed Price cost information in the spaces provided below, and any other incidental or additional costs required to complete the Technical Specification requirements. I . -- e e RFQ F-07-48 PRICE FORM (conti.) Description Cost 1. Percentage of Plan Review Fee (See Schedule of Fees): 70% 2. Percentage of Plan Review Fees (Structural Only): 55% 3. Hourly Rate: Please see 4. Optional Services: following page 5. Other: for hourly rates. Are there any other additional or incidental costs that will be required meet the requirements of the Technical Specifications? Yes I No answered "Yes", please provide detail of said additional costs: your firm in order to . (Circle one). If you Please indicate any elements of the Technical Specifications that cannot be met by your firm. _ Have you included in your bid all informational items and forms as reqUested?~ I No (circle one). If you answered "No", please explain: This ofter shall remain firm for 90 days from RFP close date. Terms and conditions as set forth in this RFP apply to this bid. SCHEDULE OF GENERAL HOURLY BILLING RATES CLASSIFICATION BUilding Offlclol SupervisIng PI.:m RevIew Engineer PI.:m Review Engineer Fire PIJn Review Engineer GrJdlng PI,Jn P1Jns Review Engineer Senior Gr.Jdlng PIJns EXJmlner SenIor PI.Jns EX.Jmlner PIJns EX.Jmmer Permit TechnlCl.Jn Clerlcol Support Supervising Inspector Senior Inspector/Project Monoger ComblnotlOn Inspector II Resldentlol Inspector I HouSIng Inspector/Code Enforcement Officer Overtime HOURLY BILLING RATE $150 140 130 130 130 100 100 90 55 45 110 100 B5 75 65 25% of Above LJsted Rotes e MlsceUaneous charg.. will Include: M1leoge RetmburSJble Expenses Current IRS Rote Time & MJtenJls Reimbursable expemes Include speC/.11 eqUipment rent.lls. .In}' publiC rransporr.7(,'On costs. of/age rolls. p,7rkmg _fpeClal shipping or pr:nrmg reqUIrements Rates ;1re ryprC.l/1y revleweO'y"f'<7rly on July! clnd m.7y be sutJjea to rf"V!5Ion unless under speCific COnrr,K( Oblfg,7tlOns e e Exhibit C AGREEMENT FOR PROFESSIONAL BUILDING PLAN CHECK SERVICES THIS AGREEMENT is made and entered into this day of 2007 ("Effective Date"), by and between the CITY OF SAN BERNARDINO, a charter city ("City"), and Esgil Corporation, a California corporation ("Consultant"). WITNESSETH: A. WHEREAS, City proposes to have Consultant perform professional building plan check services described herein; and B. WHEREAS, Consultant represents that it has that degree of specialized expertise contemplated within California Government Code, Section 37103, and holds all necessary licenses to practice and perform the services herein contemplated; and C. WHEREAS, City and Consultant desire to contract for professional building plan check services and desire to set forth their rights, duties and liabilities in connection with the services to be performed; and e D. WHEREAS, no official or employee of City has a financial interest, within the provisions of California Government Code, Sections 1090-1092, in the subject matter of this Agreement. NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the parties hereby agree as follows: 1.0. SERVICES PROVIDED BY CONSULTANT 1.1. Scope of Services. Consultant shall furnish professional building plan check services to City in accordance with Specification No. F-07 -48 on file with the Director of Development Services and with Consultant's Proposal dated June 20, 2007, attached and incorporated herein as Attachment 1. 1.2. Professional Practices. All professional services to be provided by Consultant pursuant to this Agreement shall be provided by personnel experienced in their respective fields and in a manner consistent with the standards of care, diligence and skill ordinarily exercised by professional Consultants in similar fields and circumstances in accordance with sound professional practices. Consultant also warrants that it is familiar with all laws that may affect its performance of this Agreement and shall advise City of any changes in any laws that may affect Consultant's performance of this Agreement. e 1.3. Warrantv. Consultant warrants that it shall perform the services required F,I EMPENOI AgreementslEsgil Final Agreement.doc 1 e by this Agreement in compliance with all applicable Federal and California employment laws including, but not limited to, those laws related to minimum hours and wages; occupational health and safety; fair employment and employment practices; workers' compensation insurance and safety in employment; and all other Federal, State and local laws and ordinances applicable to the services required under this Agreement. Consultant shall indemnify, defend, and hold harmless City from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description, including attorneys' fees and costs, presented, brought, or recovered against City for, or on account of any liability under any of the above-mentioned laws, which may be incurred by reason of Consultant's performance under this Agreement. 1.4. Non-discrimination. In performing this Agreement, Consultant shall not engage in, nor permit its agents to engage in, discrimination in employment of persons because of their race, religion, color, national origin, ancestry, age, physical handicap, medical condition, marital status, sexual gender or sexual orientation, or any other category protected by law, except as permitted pursuant to Section 12940 of the Government Code. Violation of this provision may result in the imposition of penalties referred to in Labor Code, Section 1735. e 1.5 Non-Exclusive Agreement. Consultant acknowledges that City may enter into agreements with other Consultants for services similar to the services that are subject to this Agreement or may have its own employees perform services similar to those services contemplated by this Agreement. 1.6. Delegation and Assignment. This is a personal services contract, and the duties set forth herein shall not be delegated or assigned to any person or entity without the prior written consent of City. 1.7. Business License: The Consultant shall obtain and maintain a valid City Business Registration Certificate during the term of this Agreement. 1.8. Dutv of Lovaltv/Conflict of Interest: The Consultant understands and agrees that in performing building plan check services for the City, Consultant shall maintain a fiduciary duty and a duty of loyalty to the City in performing Consultant's obligations under this Agreement. Consultant, in performing its obligations under this Agreement, is governed by California's conflict of interest laws, Government Code Section 87100 et seq., and Title 2, California Code of Regulations Section 18700 et seq. 2.0. COMPENSA nON AND BILLING 2.1. Compensation. Over the term of this Agreement, Consultant shall be paid for such services in accordance with Attachment 1. e 2.2. Additional Services. Consultant shall not receive compensation for any services provided outside the Scope of Services specified in this Agreement unless the City, prior to Consultant performing the additional services. approves such additional F:\EMPENO\Agreements\Esgil Final Agreement-doc 2 e e e services in writing. It is specifically understood that oral requests and/or approvals of such additional services or additional compensation shall be barred and are unenforceable. 2.3. Method of Billing. Consultant may submit invoices to City's Development Services Director for approval on a progress basis, but no more often than monthly. Said invoice shall be based on the total of all of Consultant's services which have been completed to City's sole satisfaction. City shall pay Consultant's invoice within forty-five (45) days from the date City receives said invoice. Each invoice shall describe in detail, the services performed and the associated time for completion. Any additional services approved and performed pursuant to this Agreement shall be designated as "Additional Services" and shall identify the number of the authorized change order, where applicable, on all invoices. 2.4. Records and Audits. Records of Consultant's services relating to this Agreement shall be maintained in accordance with generally recognized accounting principles and shall be made available to City for inspection and/or audit at mutually convenient times for a period of three (3) years from the Effective Date. 3.0. TIME OF PERFORMANCE 3.1. Commencement and Comoletion of Work. The professional services to be performed pursuant to this Agreement shall commence within five (5) days from the Effective Date of this Agreement. Said services shall be performed in strict compliance with the Schedule issued by the Development Services Director or her designee. Failure to commence work in a timely manner and/or diligently pursue work to completion may be grounds for termination of this Agreement. The standard turn-around time for assigned plan checks shall be 10 (ten) working days for the initial check and 5 (five) working days for rechecks. If these standard turn-around times are not met, a penalty of 10 (ten) percent of the Consultant's plan check fee will be assessed for the assigned plan check. 3.2. Excusable Delavs. Neither party shall be responsible for delays or lack of performance resulting from acts beyond the reasonable control of the party or parties. Such acts shall include, but not be limited to, acts of God, fire, strikes, material shortages, compliance with laws or regulations, riots, acts of war, or any other conditions beyond the reasonable control of a party. 4.0. TERM AND TERMINATION 4.1. Term. This Agreement shall commence on the Effective Date and continue for a period of one (1) year, ending one year after the Effective Date, unless previously terminated as provided herein or as otherwise agreed to in writing by the parties. There may be two one-year extensions of the Agreement upon mutual agreement of the parties. E\EMPENO\Agreements\Esgil Final Agreement.doc 3 e e e 4.2. Notice of Termination. The City reserves and has the right and privilege of canceling, suspending or abandoning the execution of all or any part of the work contemplated by this Agreement, with or without cause, at any time, by providing written notice to Consultant. The termination of this Agreement shall be deemed effective upon receipt of the notice of termination. In the event of such termination, Consultant shall immediately stop rendering services under this Agreement unless directed otherwise by the City. 4.3. Compensation. In the event of termination, City shall pay Consultant for reasonable costs incurred and professional services satisfactorily performed up to and including the date of City's written notice of termination. Compensation for work in progress shall be prorated as to the percentage of work completed as of the effective date of termination in accordance with the fees set forth herein. In ascertaining the professional services actually rendered hereunder up to the effective date of termination of this Agreement, consideration shall be given to both completed work and work in progress, to complete and incomplete drawings, and to other documents pertaining to the services contemplated herein whether delivered to the City or in the possession of the Consultant. 4.4 Documents. In the event of termination of this Agreement, all documents prepared by Consultant in its performance of this Agreement including, but not limited to, finished or unfinished design, development and construction documents, data studies, drawings, maps and reports, shall be delivered to the City within ten (10) days of delivery of termination notice to Consultant, at no cost to City. Any use of uncompleted documents without specific written authorization from Consultant shall be at City's sole risk and without liability or legal expense to Consultant. 5.0. INSURANCE 5.1. Minimum Scope and Limits of Insurance. Consultant shall obtain and maintain during the life ofthis Agreement all ofthe following insurance coverages: (a) Comprehensive general liability, including premises-operations, products/completed operations, broad form property damage, blanket contractual liability, independent Consultants, personal injury with a policy limit of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence and aggregate. (b) Automobile liability for owned vehicles, hired, and non-owned vehicles, with a policy limit of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence and aggregate. (c) Workers' compensation insurance as required by the State of F, \EMPENO\Agreements\Esgil Final Agreement.doc 4 e e e California. (d) Professional errors and omissions ("E&O") liability insurance with policy limits of not less than One Million Dollars ($1.000,000.00), combined single limits, per occurrence and aggregate. Consultant shall obtain and maintain, said E&O liability insurance during the life of this Agreement and for three years after completion of the work hereunder. 5.2. Endorsements. The comprehensive general liability insurance policy shall contain or be endorsed to contain the following provisions: (a) Additional insureds: "The City of San Bernardino and its elected and appointed boards, officers, agents, and employees are addition- al insureds with respect to Consultant's performance under this Agreement with City." (b) Notice: "Said policy shall not terminate, nor shall it be cancelled, nor the coverage reduced, until thirty (30) days after written notice is given to City; ten (10) days notice if cancellation is due to non- payment of premium." (c) Other insurance: "Any other insurance maintained by the City of San Bernardino shall be excess and not contributing with the insurance provided by this policy." 5.3. Certificates of Insurance. Consultant shall provide to City certificates of insurance showing the insurance coverages and required endorsements described above, in a form and content approved by City, prior to performing any services under this Agreement. 5.4. Non-limiting. Nothing in this Section shall be construed as limiting in any way, the indemnification provision contained in this Agreement, or the extent to which Consultant may be held responsible for payments of damages to persons or property. 6.0. GENERAL PROVISIONS 6.1. Entire Agreement. This Agreement constitutes the entire Agreement between the parties with respect to any matter referenced herein and supersedes any and all other prior writings and oral negotiations. This Agreement may be modified only in writing, and signed by the parties in interest at the time of such modification. The terms of this Agreement shall prevail over any inconsistent provision in any other contract document appurtenant hereto, including exhibits to this Agreement. 6.2. Representatives. The Director of Development Services or her designee shall be the representative of City for purposes of this Agreement and may issue all F:\EMPENO\Agreements\Esgil Final Agreement.doc 5 e consents, approvals, directives and agreements on behalf of the City, called for by this Agreement, except as otherwise expressly provided in this Agreement. Consultant shall designate a representative for purposes of this Agreement who shall be authorized to issue all consents, approvals, directives and agreements on behalf of Consultant called for by this Agreement, except as otherwise expressly provided in this Agreement. 6.3. Notices. Any notices, documents, correspondence or other communications concerning this Agreement or the work hereunder may be provided by personal delivery, facsimile or mail and shall be addressed as set forth below. Such communication shall be deemed served or delivered: a) at the time of delivery if such communication is sent by personal delivery; b) at the time of transmission if such communication is sent by facsimile; and c) 48 hours after deposit in the U.S. Mail as . reflected by the official U.S. postmark if such communication is sent through regular United States mail. e IF TO CONSULTANT: Richard James Esgate Es gil Corporati on 9320 Chesapeake Drive, Suite 208 San Diego, CA 92123 Fax: (858) 560-1576 Tel: (858) 560-1468 IF TO CITY: Valerie C. Ross Director of Development Services 300 North "0" Street San Bernardino, CA 92418 Fax: 909-384-5080 Tel: 909-384-5357 6.4. Attornevs' Fees. In the event that litigation is brought by any party in connection with this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof. The costs, salary and expenses of the City Attorney and members of his office in connection with that action shall be considered as "attorneys' fees" for the purposes of this Agreement. 6.5. Governing Law. This Agreement shall be governed by and construed under the laws of the State of California without giving effect to that body of laws pertaining to conflict of laws. In the event of any legal action to enforce or interpret this Agreement, the parties hereto agree that the sole and exclusive venue shall be a court of competent jurisdiction located in San Bernardino County, California. e 6.6. Assignment. Consultant shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of Consultant's interest in this Agreement without City's prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a breach of this Agreement and cause for termination of this Agreement. Regardless of City's consent, no subletting or assignment shall release Consultant of Consultant's obligation to perform all other F: \Etv1PENO\Agreements\Esgil Final Agreement.doc 6 e obligations to be performed by Consultant hereunder for the term of this Agreement. 6.7 Indemnification and Hold Hannless. Consultant shall defend, indemnify, and hold harmless City and its elected and appointed officials, officers, and employees from any and all claims, lawsuits,liabilities, expenses, including attorney's fees, damage to property or injuries to or death of any person or persons or damages of any nature including, but not limited to, all civil claims or workers' compensation claims, to the extent arising out of, pertaining to, or related to the negligence, recklessness, or willful misconduct of Consultant, its employees, agents or subcontractors in the performance of this Agreement, except that such duty to defend, indemnify, and hold hannless shall not apply to the extent where injury to person or property is caused by City's negligence, recklessness or willful misconduct. 6.8. Independent Consultant. Consultant is and shall be acting at all times as an independent Consultant and not as an employee of City. Consultant shall secure, at his expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for Consultant and its officers, agents, and employees, and all business licenses, if any are required, in connection with the services to be performed hereunder. e 6.9. Ownership of Documents. All findings, reports, documents, information and data including, but not limited to, computer tapes or discs, files and tapes furnished or prepared by Consultant or any of its subcontractors in the course of performance of this Agreement, shall be and remain the sole property of City. Consultant agrees that any such documents or information shall not be made available to any individual or organization without the prior consent of City. Any use of such documents for other projects not contemplated by this Agreement, and any use of incomplete documents, shall be at the sole risk of City and without liability or legal exposure to Consultant. City shall indemnify and hold hannless Consultant from all claims, damages, losses, and expenses, including attorneys' fees, arising out of or resulting from City's use of such documents for other projects not contemplated by this Agreement or use of incomplete documents furnished by Consultant. Consultant shall deliver to City any findings, reports, documents, information, data, in any form, including but not limited to, computer tapes, discs, files audio tapes or any other Project related items as requested by City or its authorized representative, at no additional cost to the City. e 6.10. Public Records Act Disclosure. Consultant has been advised and is aware that all reports, documents, information and data including, but not limited to, computer tapes, discs or files furnished or prepared by Consultant, or any of its subcontractors, and provided to City may be subject to public disclosure as required by the California Public Records Act (California Government Code Section 6250 et. seq.). Exceptions to public disclosure may be those documents or information that qualify as trade secrets, as that term is defined in the California Government Code Section 6254.7, and of which Consultant informs City of such trade secret. The City will endeavor to maintain as confidential all information obtained by it that is designated as a trade secret. The City shall not, in any way, be liable or responsible for the disclosure of any trade secret F:\EI\.1PENO\Agreements\Esgil Final Agreement.doc 7 e e e including, without limitation, those records so marked if disclosure is deemed to be required by law or by order of the Court. 6.11. Responsibilitv for Errors. Consultant shall be responsible for its work and results under this Agreement. Consultant, when requested, shall furnish clarification and/or explanation as may be required by the City's representative, regarding any services rendered under this Agreement at no additional cost to City. In the event that an error or omission attributable to Consultant occurs, then Consultant shall, at no cost to City, provide all necessary data, documents, and other Consultant professional services necessary to rectify and correct the matter to the sole satisfaction of City and to participate in any meeting required with regard to the correction. 6.12. Prohibited Emplovment. Consultant will not employ any regular employee of City while this Agreement is in effect. 6.13. Order of Precedence. In the event of an inconsistency or conflict in this Agreement and any of the attached Exhibits or Attachments, the terms set forth in this Agreement shall prevail. 6.14. Costs. Each party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein. 6.15. No Third Partv Beneficiary Rights. This Agreement is entered into for the sole benefit of City and Consultant and no other parties are intended to be direct or incidental beneficiaries of this Agreement and no third party shall have any right in, under or to this Agreement. . 6.16. Headings. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement. 6.17. Construction. The parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, this Agreement shall be construed as if drafted jointly by the parties and in accordance with its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement. 6.18. Amendments. Only a writing executed by the parties hereto or their respective successors and assigns may amend this Agreement. 6.19. Waiver. The delay or failure of either party at any time to require performance or compliance by the other of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. F:\EMPENO\Agreements\Esgil Final Agreement.doc 8 e 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. The waiver of any right or remedy with respect to any occurrence or event shall not be deemed a waiver of any right or remedy with respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver. 6.20. Severabilitv. If any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable in any circumstance, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance. 6.21. Countemarts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement. 6.22. Comorate Authoritv. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by doing so, the parties hereto are formally bound to the provisions of this Agreement. e III III e F:\EMPENO\Agreements\Esgil Final Agreement.doc 9 e e e AGREEMENT FOR PROFESSIONAL PLAN CHECK SERVICES IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their respective authorized officers, as of the date first above written. CITY OF SAN BERNARDINO, A Municipal Corporation, CONSULTANT ESGIL CORPORATION By Fred Wilson, City Manager Richard James Esgate Approved as to form: James F. Penman, City Attorney By F:\EMPENO\Agreements\Esgil Final Agreement-doc 10 ATTACHMENT 1 o !e EsGil C:~~e~:~~'~:: In Partnership with GOfJernment for Building Safety June 20, 2007 City of San Bernardino Finance Department, Purchasing Division Attn: Ms. Deborah Morrow Administrative Services Manager 300 N. "D" Street, 4th Floor, City Hall San Bernardino, CA 92418 Ie Re: RFP F-07-048 Expedited Building Plan Review Services Dear Ms. Morrow: . , . . Enclosed per the RFP are the original and six copies of our proposal to provide the services requested. Esgil Corporation is a specialized engineering firm that has provided building plan review services to cities, counties, and state agencies for the past 28 years. We have served the City of San Bernardino since February, 2001. We do no work for private sector clients to avoid any possibility of a conflict of interest. All plan review engineers are Esgil employees. We do not use subcontractors or moonlighters. To the best of our knowledge we have received all RFP addenda. This proposal shall remain valid for not less than 90 days. We have no exceptions to the technical and contractual specifications. e ! 9320 Chesapeake Drive. Suite 208 . San Diego. CA 92]23 . (858) 560.1468 . Fax (858) 560-1576 . www.esgil.com e e e Ms. Deborah Morrow June 20, 2007 Page 2 We sincerely appreciate the positive public service attitude of the Building and Safety staff and their professional team approach when serving the public through consultants. EsGil staff are current on the City's policies, procedures, adoptive ordinances and interpretations, and have established good working relationships with the City staff and the design industry. It has been a pleasure serving the City of San Bernardino for over six years, and we look forward to many more. . Thank you for considering Esgil Corporation to continue serving San Bernardino's plan review service needs. Sincerely, ESGIL CORPORA nON Encl: I) Original, plus six (6) copies of Proposal 2) Two (2) Completed and Signed Price Form ii e e e TECHNICAL PROPOSAL A. OUALIFICATIONS. RELATED EXPERIENCE. AND REFERENCES (]) PROFILE OF FIRM Esgil Corporation is a corporation established in ] 979, to p.rovide professional engineering plan review services to government agencies. Since ] 979 we have plan reviewed more than thirty-eight billion valuation of buildings in fourteen states. Projects have included high-rise buildings, casinos, regional shopping centers, hotels, hospitals, sports arenas, detention facilities, schools, industrial facilities, hazardous occupancies, trash recycling, essential facilities, unreinforced masonry seismic upgrades, residential projects, tenant improvements, and remodels. We have extensive experience under the "I" Codes as well as the "u" Codes. Esgil Corporation's only product is providing services to building inspection departments and state agencies. We specialize in that single product and do not work for the private sector. By limiting our clients to government entities only, any conflict of interest that might occur by performing services for developer clients, or other private interests, is completely avoided. Our plan review process has been designed to not only be convenient for our client jurisdictions, but also highly convenient to designers and permit applicants being served. Via e-mail, fax, overnight mail, and teleconferencing, our service is as business friendly as if we were located in your city. Yet, we do not have the lost efficiency associated with branch offices. Our staff of highly experienced plan review engineers includes all disciplines necessary to fu]fill the scope of work. All plan review disciplines, supervisors and managers work in one office location and work as a team to provide very professional, coordinated plan reviews in the fastest times reasonably possible. Our plan recheck procedures allows designers to meet with all plan review disciplines in person or via our conference phone system without the designers having to leave their offices. Our staff are avai]able for phone calls from the designers or city staff at any time from 8:00 a.m. to 5:00 p.m. Monday through Friday to answer code or plan review questions and to assist the designers in resolving plan review deficiencies. We have a toll-free number (800) 983-7445. EsGil currently offers a delivery service to pick up and deliver plans when requested by San Bernardino, at not cost to the City. We currently use Golden State Overnight, which provides a convenient "800" number for pick-ups and deliveries. Bags and labels will also be supplied by EsGil. 1 I e e e (2) FINANCIAL CONDITION Esgil Corporation has had a profitable year every year for twenty-eight (28) years. We are in a very strong fmancial position and have no pending litigation, no planned office closures and no planned mergers. San Bernardino can count on us to be a strong viable resource for as long as the service is needed. (3) EXPERIENCE As stated in (I) we have provided the exact services being requested in your scope of work to cities and counties in fourteen states. Plan review services and other Building Department services are the only services provided by Esgil Corporation. We have twenty-eight years of specialized service experience in this area. We have reviewed over 700 plans for San Bernardino since February 2001. Our average turn-around time has been approximately six workdays. (4) SUBCONTRACTORS Esgil Corporation does not use subcontractors or moonlighters to avoid any possibility of a conflict of interest or lack of control of our services and commitments to our clients. All plan review disciplines are Esgil employees. (5) REFERENCES Please see Appendix "A" for a list of long term references. Additional references can be provided upon request. B. PROPOSED STAFFING AND PROJECT ORGANIZATION (I) EDUCATION. EXPERIENCE. AND CREDENTIALS OF PROJECT STAFF Esgil Corporation's highly credentialed full-time staff of 24 plan review engineers are all in our San Diego office. Included are licensed structural engineers, civil engineers, mechanical engineers, and electrical engineers. All plan review engineers are also I.C.C. Certified Plans Examiners. Appendix "B" lists the staff with their credentials. Esgil Corporation operates with a four person management team. Appendix "c" has the expanded resumes of the management team and copies of professional licenses. Esgil has the depth and staff availability to commit to the workload the City of San Bernardino desires assistance with. During peak workloads we do not accept projects from cities and counties where we do not have an on going contractual relationship, freeing staff to meet our service agreements. We also have the ability, when necessary, to assign overtime. During our twenty-eight years in business we have always been able to meet all of our agreed review times. 2 e (2) KEY PERSONNEL AND ORGANIZATION All plan reviews for the City of San Bernardino will continue to be under tbe supervision of Kurt Culver, S.E. Kurt will provide all liaison with city staff and will be available to respond to any designer challenges of plan review items. Kurt is licensed as a structural engineer in the states of Nevada, California and Arizona. To assist Kurt with San Bernardino staffliaison and quality control will be Chuck Mendenhall, S.E. Please see Appendix "E" for the plan review organization chart. Esgil Corporation has a very good history of staff stability. We will not change staff working on San Bernardino projects without your City's concurrence. C. WORK PLAN e Kurt Culver, S.E. will preview and log in all City of San Bernardino plans when they arrive in our office. He will then, when necessary, contact the designer if anything required for a complete plan review is missing. Kurt will evaluate complexity and make assignments for each discipline required. During the plan review process Kurt or Chuck will be providing the necessary supervision and review of the checklists before they are mailed. All communication with city staff regarding interpretation questions or D.B.C. Section 104.2.7/104.2.8/104.2.9 decisions will be through Kurt of Chuck. Esgil Corporation maintains an extensive database on each of our clients. We also maintain tailored supplemental checklists for each client. Plan review engineers follow the checklists for their reviews. They add to or modify any item on the checklist at their work station and then print out a list showing only tbose items where deficiencies were found to exist on the plans. Our checklists are very user friendly and have been well received by tbe design industry. Quality control and supervision of plan review staff are accomplished by baving all staff in a single location, a clearly defined organization and having management and supervisory decision-makers immediately available. All plan review lists are reviewed for quality control prior to being sent out. We will set up a next-day delivery courier service to transport plans to and from your city office. Checklists are faxed and mailed to the applicants and the city. Our systems have continued to evolve over the past twenty-one years. Our systems are flexible and can be tailored to the specific needs of tbe City of San Bernardino. e 3 e D. EXCEPTIONS/DEVIATIONS The San Bernardino R.F.P. is very complete and appropriate to the selection process. We have no exceptions or deviations. See Appendix "F". E. SERVICE PRICE Please see Appendix "G" for proposed service price. F. NON-COLLUSION Please see Appendix "H" for the signed Non-Collusion Affidavit. e e 4 e e e PRICE FORM REQUEST FOR QUOTES: RFP F-07-48 DESCRIPTION OF RFP: Expeditious Building Plan Review Services BIDDER'S NAME/ADDRESS: ESGIL CORPORATION 9320 CHESAPEAKE DRIVE #208 SAN DIEGO. CA 92123 NAME/TELEPHONE NO. OF AUTHORIZED REPRESENTATIVE RICHARD JAMES ESGATE, PRESIDENT (858) 560-1468 ANNUAL PURCHASE ORDER Effective on or about July 1, 2007 through June 30, 2008 plus two single-year options, for City's partial requirements, on an as-needed basis, with no guaranteed usage for Expeditious Building Plan Review Services. Ootion vear one, if exercised, shall be effective July 1, 2008 through June 30, 2009. Ootion vear two, if exercised, shall be effective July 1, 2009 through June 30, 201 O~ Actual option year pricing shall be negotiated with the successful Bidder(s) prior to exercising of any given option year. Option years shall become effective only upon issuance by the City of a duly authorized Purchase Order. Please provide detailed Firm Fixed Price cost information in the spaces provided below, and any other incidental or additional costs required to complete the Technical Specification requirements. Appendix "G" e e e RFQ F'()7-48 PRICE FORM (contL) Description Cost 1. Percentage of Plan Review Fee (See Schedule of Fees): 8<;% 42.5% for residential 52.5% for commercial Please see attached for EsGil Hourly Rates 2. Percentage of Plan Review Fees (Structural Only): 3. Hourly Rate: 4. Optional Services: 5. Other: Are there any other additional or incidental costs that will be reqUire~ your firm in order to meet the requirements of the Technical Specifications? Yes / . (Circle one). If you answered "Yes", please provide detail of said additional costs: OUR SINGLE FEE OF 85% OF CITY PLAN CHECK FEE COVERS THE FULL SCOPE OF WORK, INCLUDING ALL RECHECKS OF CORRECTIONS. Please indicate any elements of the Technical Specifications that cannot be met by your firm. _ NONE. ALL SPECIFICATIONS CAN BE MET BY OUR FIRM. Have you included in your bid all informational items and forms as requested~/ No (circle one). If you answered "No", please explain: This offer shall remain firm for 90 days from RFP close date. Terms and conditions as set forth in this RFP apply to this bid. e e e Cash discount allowable thirty (30) days. ~ days; unless otherwise stated, payment terms are: Net In signing this bid, Bidder warrants that all certifications and documents requested herein are attached and properly completed and signed. From time to time, the City may issue one or more addenda to this RFP. Below, please indicate all Addenda to this RFP received by your firm, and the date said Addenda was/were received. Verification of Addenda Received Addenda No: I Addenda No: .2. Addenda No: G /"'/D 7 I~O JJ ~. . ;:;[-C/ Received on: Received on: Received on: AUTHORIZED SIGNATURE: PRINT SIGNER'S NAME AND TITLE: RICHARD JAMES ESGATE PRESIDENT DATE SIGNED: COMPANY NAME & ADDRESS: C)3/o? ESGIL CORPORATION 9320 CHESAPEAKE DRIVE #208 SAN DIEGO, CA 92123 PHONE: (858) 560-1468 FAX: (858) 560-5313 IF SUBMITTING A "NO BID", PLEASE STATE REASON (S) BELOW: - ESGIL CORPORATION HOURLY RATES Supervising Structural Engineer $129.00 Structural Engineer $116.00 Civil Engineer $100.00 Electrical Engineer $100.00 Mechanical Engineer $100.00 e I.C.C. Plans Examiner $86.00 Note Labor rates are only used when requested by our clients, where a Building Plan Check Fee is not applicable. e