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HomeMy WebLinkAbout13 - Plan Review Services - Amendment to the PSA's and Approval of Budget Amendment CITY OF 1 . � NEWPORT BEACH -- City Council Staff Report September 8, 2015 Agenda Item No. 13 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Kimberly Brandt, Community Development Director— (949) 644-3226, kbrandt @newportbeachca.gov PREPARED BY: Seimone Jurjis, Assistant Community Development Director/ Chief Building Official PHONE: 949-644-3282 TITLE: Plan Review Services - Amendment to the Professional Services Agreement with VCA Code and JAS Pacific and Approval of Budget Amendment ABSTRACT: In Fiscal Year 2014/15, the City's Permit Center conducted 2,750 building plan reviews and issued 4,570 building permits with a corresponding permit valuation of $640,000,000. These services were primarily provided by City staff, who conducted the initial plan review "over the counter" for applicants, nearly 80 percent of the time; the remaining 20% of building plans were taken in for a 10 to 15-day plan check review by the City's plan review team. The proposal is to also offer plan check review by private companies as an option when a plan review cannot be completed over the counter. This option will require amendments to the City's two existing professional services agreements with consulting companies that provide building plan review, as well as a corresponding budget amendment. RECOMMENDATION: a) Find this action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines; b) Approve and authorize the Mayor and City Clerk to execute an amendment to the Professional Services Agreement with The Code Group, dba VCA Code, for an additional $166,847 with a not to exceed limit of$1,546,847; c) Approve and authorize the Mayor and City Clerk to execute an amendment to the Professional Services Agreement with Jason Addison Smith Consulting, Inc., dba JAS Pacific for an additional $180,750 with a not to exceed limit of$1,121,750; and d) Approve Budget Amendment No. 16BA-002, increasing department expenditures by $347,597. FUNDING REQUIREMENTS: On July 8, 2014, the City Council approved professional services agreements with The Code Group (VCA) (Attachment CC 3) and Jason Addison Smith Consulting (JAS) (Attachment CC 4) for a not to exceed total 13-1 of $1,380,000 and $939,000, respectively. The three-year term for both contracts expires on June 30, 2017. This supplementary service is not within the scope of the existing agreements. Nor is this supplementary service expected to generate additional revenue beyond what was included in the Fiscal Year 2015/16 adopted budget. If approved, this service will require an increase in expenditure appropriations of $347,597 from the General Fund unappropriated fund balance. The assumptions for this expenditure are included in the following Discussion section. The Budget Amendment records and appropriates increased expenditure appropriations of $347,597 in 0105042-811008 from the General Fund unappropriated fund balance, 010-300000. Following approval of the requested budget amendment, the FY 2015-16 Operating Budget will include $626,847 in appropriations for VCA and $503,759 in appropriations for JAS. DISCUSSION: Building Plan Review An integral part of the building permit process is the code compliance review of construction plans, which is commonly referred to as "plan check". In fact, California law requires all development projects to be reviewed for building code compliance prior to a building permit being issued. Compliance with other codes is also reviewed, such as zoning and water quality, during the plan review process, which occurs at the City's Permit Center. The Permit Center is staffed with Civil Engineers, Fire Life Safety Specialists, Planners, and Public Works Engineers in order to provide comprehensive development-related services in one City Hall location. In Fiscal Year 2014/15, the City's Permit Center issued over 6,300 permits of which over 4,500 were building permits with a corresponding permit valuation of $640,000,000. This level of development activity is second only to the City of Irvine yet the highest for the number of permits versus City population, when compared to the following neighboring cities for the same timeframe: CITY NUMBER OF TOTAL BUILDING # PERMITS / BUILDING PERMIT VALUATION POPULATION PERMITS ($) IRVINE 9,260 $ 1,772,576,000 .037 NEWPORT BEACH 4,573 $ 640,000,000 .054 HUNTINGTON 3,784 $ 237,120,000 .019 BEACH COSTA MESA 1,982 $ 121,180,000 .018 LAGUNA BEACH 1,121 $ 33,712,000 .048 The City's Building plan review team has a performance goal of conducting the initial plan review "over the counter" for 80 percent of the projects submitted, which results in only 20 percent of building plans taken in for plan review. This is the highest level of "over the counter" service when compared to all of the Orange County cities. The remaining 20 percent of projects, mostly new construction and large alterations, are too large to be completed the same day and require further review for applicable code compliance. The Department's performance goal is to complete all plan review within 10 business days, 90 percent of the time. In Fiscal Year 2014/15 we met these goals. Although we believe that an outstanding level of service is currently being provided to the City's customers, we recognize that a customer may have a demanding schedule, and our plan check turn- around times may not meet a person's needs or expectations. Therefore, we are proposing to also offer building plan check review by private companies as an option to applicants when their plan review cannot be completed over the counter. Should an applicant choose this option, the plan review would occur at the consultants' offices at no additional cost to the applicant for a standard 10-business day plan review. It should be noted that fees for plan review are variable since they are based upon the project's valuation. We are also proposing that the outside consultants could be used for "accelerated or 5-business day plan review' services. Currently, City staff provides this service at an additional cost, a 75% higher fee, since 13-2 this plan review requires overtime hours. If an applicant chooses an outside consultant, the accelerated plan review fee would also be increased by 75%. We believe that the City's customers will appreciate having these additional options for building plan review (Attachment CC 5). The City currently has professional services agreements with VCA Code and JAS Pacific for purpose of augmenting the Building Inspection, Plan Check Engineer, and Permit Counter teams at City Hall. Both of these consulting firms have the capability to conduct plan review in their offices. However, this new plan review option will require appropriate amendments to each professional services agreement, as well as the corresponding budget amendment discussed above (Attachment CC 1 and CC 2). Cost Estimation For both consulting firms, the plan review service cost to the City is based on a percentage of the fees collected by the City. VCA's fee is 60% of the City's plan review fee and JAS's fee is 65% of the City's plan review fee. As an example, if the City's plan review fee is $10,000, VCA would receive $6,000 for their plan review services. Staff has estimated the percentage of applicants that will choose either VCA or JAS to complete their plan review (Attachment CC 7). Based on these estimates, the VCA and JAS contracts will need to be increased by $166,847 and $180,750, respectively, for the remainder of their terms. The funds to cover the overall $347,597 increase will come directly from the applicant's plan review fees. However, this optional service may impact this fiscal year's overall "net" revenue projections (revenue less expenditures) for plan check review, since the City will only be collecting 35% to 40% of the plan check fees, when these consultants are used. Staff will monitor the use of this optional plan review program on a monthly basis and will report back to City Council should any adjustments to the Community Development's Department budget be necessary. Next Steps If approved, staff will schedule an open house to present the new program and highlight our new online permitting system for various types of residential permits. We have also developed a new online customer satisfaction survey, which we will be sending out at the completion of projects, in order to obtain feedback on plan review and our other services. ENVIRONMENTAL REVIEW: The recommended action is not subject to the California Environmental Quality Act (CEQA) pursuant to Section 15060(c)(2) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). ATTACHMENTS: Description Attachment CC 1 -VCA Contract Amendment Attachment CC 2 - JAS Contract Amendment Attachment CC 3 -VCA Contract Attachment CC 4 - JAS Contract Attachment CC 5- Plan Review Options Attachment CC 6 - Budget Amendment Attachment CC 7 - Consultant Cost Projections 13-3 ATTACHMENT CC 1 AMENDMENT NO. ONE TO PROFESSIONAL SERVICES AGREEMENT WITH THE CODE GROUP, INC., DBA VCA CODE GROUP FOR BUILDING PLAN REVIEW & INSPECTION SERVICES THIS AMENDMENT NO. ONE TO PROFESSIONAL SERVICES AGREEMENT ("Amendment No. One") is made and entered into as of this 8th day of September, 2015 ("Effective Date'), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and THE CODE GROUP, INC., DBA VCA CODE GROUP, a California corporation ("Consultant"), whose address is 2200 W. Orangewood Ave., Ste. 155, Orange, California 92868, and is made with reference to the following: RECITALS A. On July 9, 2014, City and Consultant entered into a Professional Services Agreement ("Agreement") for building plan review & inspection services ("Project"). B. The Parties desire to enter into this Amendment No. One to reflect additional Services not included in the Agreement, as amended, to increase the total compensation and to update insurance requirements. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. SERVICES TO BE PERFORMED Exhibit A to the Agreement shall be supplemented to include the Scope of Services, attached hereto as Exhibit A and incorporated herein by reference ("Services" or "Work"). Exhibit A to the Agreement and Exhibit A to Amendment No. One shall collectively be known as "Exhibit A." The City may elect to delete certain Services within the Scope of Services at its sole discretion. 2. COMPENSATION TO CONSULTANT Exhibit B to the Agreement shall be supplemented to include the Schedule of Billing Rates, attached hereto as Exhibit B and incorporated herein by reference ("Services" or "Work"). Exhibit B to the Agreement and Exhibit B to Amendment No. One shall collectively be known as "Exhibit B." Section 4.1 of the Agreement is amended in its entirety and replaced with the following: "City shall pay Consultant for the Services on a time and expense not-to- exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's compensation for all Work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed One Million Five Hundred Forty Six Thousand Eight Hundred Forty Seven Dollars and 00/100 13-4 ($1,546,847.00), without prior written authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City." The total amended compensation reflects Consultant's additional compensation for additional Services to be performed in accordance with this Amendment No. One, including all reimbursable items and subconsultant fees, in an amount not to exceed One Hundred Sixty Six Thousand Eight Hundred Forty Seven Dollars and 001100 ($166,847.00). 3. INSURANCE Exhibit C of the Agreement shall be amended in its entirety and replaced with Exhibit C-1, attached hereto and incorporated herein by reference. 4. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms, and covenants set forth in the Agreement shall remain unchanged and shall be in full force and effect. [SIGNATURES ON NEXT PAGE] The Code Group, Inc., DBA VCA Code Group Page 2 13-5 IN WITNESS WHEREOF, the parties have caused this Amendment No. One to be executed on the dates written below. APPROVED AS TO FORM: CITY OF NEWPORT BEACH, CITY ATTORNEY'S OFFICE a California municipal corporation Date: .R /1(115- Date: By: (AA-0 By: Aaron C. rpw Edward D. Selich City Attorney a�` Mayor ATTEST: CONSULTANT: The Code Group, Inc., Date: DBA VCA Code Group, a California corporation Date: By: By: Leilani I. Brown Tom Van Dorpe City Clerk President Date: By: Robert Chou Vice President [END OF SIGNATURES] Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates Exhibit C-1 — Insurance Requirements The Code Group, Inc., DBA VCA Code Group Page 3 13-6 EXHIBIT A SCOPE OF SERVICES The Code Group, Inc., DBA VCA Code Group Page A-1 13-7 ® City of Newport Beach Building Plan Review and Inspection Services code RFP No. 14-36 Proposal — Methodology-Scope of Services BUILDING PLAN REVIEW SERVICES The change in scope will require additional staff which will consist of: one California licensed civil or structural engineer and one Plans Examiner who will work full time for the City of Newport Beach at VCA Codes corporate offices. As work is assigned, staff will review construction drawings, reports and calculations for conformance to all requirements of the California Building Standards Code. This includes the California Building, Residential, Mechanical, Electrical, Plumbing, Energy and Green Building Standards Code as adopted and amended by the City of Newport Beach. When requested, our review will also include compliance with NPDES and WQMP requirements. Reviews will be completed within the timeframe allotted for each assignment. Our reviews will provide complete and easy to understand comments on how to make construction documents conform to applicable code requirements. First, we identify the apparent code violation and its location on the documents. Then we will suggest alternative solutions for compliance as codes allow. Finally, we will advise applicants of other available remedies, which may include review by City staff, code modifications, and alternate methods of construction. We then stay actively involved in meetings and decisions needed to assist the applicant on the path to successful code compliance, which is the desired outcome. Our staff will be readily accessible and knowledgeable to solve any code or service concerns. Ali Hekmat, civil engineer will continue to provide engineering/plan review service at City Hall. Expedited Plan Review: Our staff will be available to provide expedited plan review services for residential and tenant improvements. Unique or commercial projects can be a case-by-case basis, please call for turn-around times. Fixed fee reviews are limited to three checks, after three checks, hourly rates will be applied. VCA Code staff available for these functions include the following licensed civil engineers: Hue Luu, Phil Nguyen and Tim McCormick as a Code affiliate. 1 1 P a g e 13-8 EXHIBIT B SCHEDULE OF BILLING RATES The Code Group, Inc., DBA VCA Code Group Page B-1 13-9 © City of Newport Beach Building Plan Review and Inspection Services con., Plan Check and Inspection Services Principal $160.00 Certified Building Official $135.00 Assistant Building Official $115.00 Structural Engineer $125.00 CASp Consultant Services $160.00 CASp Consultant Plan Check $160.00 Percentage of Fees Collected (10/7/5) 60% Percentage of Fees Collected Expedited Plan Check (5/5/5)(residential and T.I.) 60% (Unique or commercial projects can be a case by case basis, call for turnaround times) (Fixed fee reviews are limited to 3 checks, after 3 reviews, hourly rate will be applied) Partial Plan Check 50% Plan Check Engineer(if no fee Percentage of Fees Collected) $ 95.00 • Check Mechanical, Electrical, Plumbing Plan Engineer II • Grading Plan Review Engineer II • Fire Protection Engineer II Non Structural Plan Checker $85.00 NPDES Review $85.00 Combination Building Inspector $47.00 to $75.00 Senior(Commercial) Building Inspector $55.00 to $85.00 Grading Inspector $47.00 to $75.00 Code Enforcement Officer $47.00 to $75.00 Permit Technician $40.00 to $55.00 Real Property Assistant $65.00 to $70.00 Clerical/Administration $50.00 Planning Plan Check and Inspection Services Senior Planner $115.00 Planner $105.00 EIR Specialist $115.00 Green and Energy Services CALGreen/LEED/Build it Green Consultant $115.00 Certified Energy Analyst (Energy Modeling) $115.00 Certified Energy Plans Examiner (CEPE) $ 95.00 HERS Rater $115.00 Outside Services A 15%fee for administrative coordination and handling will be added to subcontracted services such as, but not limited to, rebate and tax programs, reports, marketing, awards, green documentation, and other specialized services when such services are specifically requested in writing in advance. Automobile Travel Mileage: In accordance with the IRS mileage reimbursement rate in effect at the time the service is performed for al building inspectors and plan check staff performing site observations. Miscellaneous Miscellaneous out-of-pocket expenses will be billed at cost plus 10%. This includes, but is not limited to, the following: 1. Third Party Fees (such as USGBC, GBCI, Build It Green, and other similar fees) 2. Reproduction and Photographic Services 3. Governmental Fees 4. Transportation Costs 5. Delivery Services 6. Out-of-Town Living Expenses 1JPa je 13-10 EXHIBIT C - 1 INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES 1 . Provision of Insurance. Without limiting Consultant's indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City. Consultant agrees to provide insurance in accordance with requirements set forth here. If Consultant uses existing coverage to comply and that coverage does not meet these requirements, Consultant agrees to amend, supplement or endorse the existing coverage. 2. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 3. Coverage Requirements. A. Workers' Compensation Insurance. Consultant shall maintain Workers' Compensation Insurance, statutory limits, and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000) each accident for bodily injury by accident and each employee for bodily injury by disease in accordance with the laws of the State of California, Section 3700 of the Labor Code. Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees and volunteers. B. General Liability Insurance. Consultant shall maintain commercial general liability insurance, and if necessary umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01 , in an amount not less than one million dollars ($1 ,000,000) per occurrence, two million dollars ($2,000,000) general aggregate. The policy shall cover liability arising from premises, operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). C. Automobile Liability Insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non- owned or rented vehicles, in an amount not less than one million dollars ($1 ,000,000) combined single limit each accident. The Code Group, Inc., DBA VCA Code Group Page C-1 13-11 D. Professional Liability (Errors & Omissions) Insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of one million dollars ($1,000,000) per claim and two million dollars ($2,000,000) in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the Effective Date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the Services required by this Agreement. 4. Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions: A. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers from each of its subconsultants. B. Additional Insured Status. All liability policies including general liability, excess liability, pollution liability, and automobile liability, if required, but not including professional liability, shall provide or be endorsed to provide that City and its officers, officials, employees, and agents shall be included as insureds under such policies. C. Primary and Non Contributory. All liability coverage shall apply on a primary basis and shall not require contribution from any insurance or self-insurance maintained by City. D. Notice of Cancellation. All policies shall provide City with thirty (30) calendar days notice of cancellation (except for nonpayment for which ten (10) calendar days notice is required) or nonrenewal of coverage for each required coverage. 5. Additional Agreements Between the Parties. The parties hereby agree to the following: A. Evidence of Insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and other endorsements as specified herein for each coverage. Insurance certificates and endorsement must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to The Code Group, Inc., DBA VCA Code Group Page C-2 13-12 require complete, certified copies of all required insurance policies, at any time. B. City's Right to Revise Requirements. City reserves the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving Consultant sixty (60) calendar days advance written notice of such change. If such change results in substantial additional cost to Consultant, City and Consultant may renegotiate Consultant's compensation. C. Enforcement of Agreement Provisions. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non-compliance with any requirement imposes no additional obligations on City nor does it waive any rights hereunder. D. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. E. Self-insured Retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self- insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these requirements unless approved by City. F. City Remedies for Non-Compliance. If Consultant or any subconsultant fails to provide and maintain insurance as required herein, then City shall have the right but not the obligation, to purchase such insurance, to terminate this Agreement, or to suspend Consultant's right to proceed until proper evidence of insurance is provided. Any amounts paid by City shall, at City's sole option, be deducted from amounts payable to Consultant or reimbursed by Consultant upon demand. G. Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor's performance under this Contract, and that involve or may involve coverage under any of the required liability policies. City assumes no obligation or liability by such notice, but has the right (but The Code Group, Inc., DBA VCA Code Group Page C-3 13-13 not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. H. Consultant's Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Work. The Code Group, Inc., DBA VCA Code Group Page C-4 13-14 ATTACHMENT CC 2 AMENDMENT NO. ONE TO PROFESSIONAL SERVICES AGREEMENT WITH JASON ADDISON SMITH CONSULTING SERVICES, INC., DBA JAS PACIFIC FOR BUILDING PLAN REVIEW & INSPECTION SERVICES THIS AMENDMENT NO. ONE TO PROFESSIONAL SERVICES AGREEMENT ("Amendment No. One") is made and entered into as of this 8th day of September, 2015 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and JASON ADDISON SMITH CONSULTING SERVICES, INC., DBA JAS PACIFIC, a California corporation ("Consultant"), whose address is P.O. Box 2002, Upland, California 91785, and is made with reference to the following: RECITALS A. On July 9, 2014, City and Consultant entered into a Professional Services Agreement ("Agreement") for building plan review & inspection services ("Project"). B. The Parties desire to enter into this Amendment No. One to reflect additional Services not included in the Agreement, as amended, to increase the total compensation and to update insurance requirements. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. SERVICES TO BE PERFORMED Exhibit A to the Agreement shall be supplemented to include the Scope of Services, attached hereto as Exhibit A and incorporated herein by reference ("Services" or "Work"). Exhibit A to the Agreement and Exhibit A to this Amendment No. One shall collectively be known as "Exhibit A." The City may elect to delete certain Services within the Scope of Services at its sole discretion. 2. COMPENSATION TO CONSULTANT Exhibit B to the Agreement shall be supplemented to include the Schedule of Billing Rates, attached hereto as Exhibit B and incorporated herein by reference ("Services" or "Work"). Exhibit B to the Agreement and Exhibit B to Amendment No. One shall collectively be known as "Exhibit B." Section 4.1 of the Agreement is amended in its entirety and replaced with the following: "City shall pay Consultant for the Services on a time and expense not-to- exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's compensation for all Work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed One Million One Hundred Forty Nine Thousand Seven Hundred Fifty Dollars and 00/100 13-15 ($1,149,750.00), without prior written authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City." The total amended compensation reflects Consultant's additional compensation for additional Services to be performed in accordance with this Amendment No. One, including all reimbursable items and subconsultant fees, in an amount not to exceed One Hundred Eighty Thousand Seven Hundred Fifty Dollars and 00/100 Dollars and 00/100 ($180,750.00). 3. INSURANCE REQUIREMENTS Exhibit C of the Agreement shall be amended in its entirety and replaced with Exhibit C-1, attached hereto and incorporated herein by reference. 4. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms, and covenants set forth in the Agreement shall remain unchanged and shall be in full force and effect. [SIGNATURES ON NEXT PAGE] Jason Addison Smith Consulting Services, Inc., DBA JAS Pacific Page 2 13-16 IN WITNESS WHEREOF, the parties have caused this Amendment No. One to be executed on the dates written below. APPROVED AS TO FORM: CITY OF NEWPORT BEACH, CITY ATTORNEY'S OFFICE a California municipal corporation Date: z I s Date: By: CG- By: Aaron arp P��� Edward D. Selich City Attorney sl Mayor ATTEST: CONSULTANT: Jason Addison Smith Date: Consulting Services, Inc., DBA JAS Pacific, a California corporation Date: By: By: Leilani I. Brown Christine Champany City Clerk Vice President Date: By: J. Addison Smith Chief Executive Officer [END OF SIGNATURES] Attachments: Exhibit A— Scope of Services Exhibit B — Schedule of Billing Rates Exhibit C-1 — Insurance Requirements Jason Addison Smith Consulting Services, Inc., DBA JAS Pacific Page 3 13-17 EXHIBIT A SCOPE OF SERVICES Jason Addison Smith Consulting Services, Inc., DBA JAS Pacific Page A-1 13-18 'Sf y 1 Scope of Services Due to our available resources we have the ability to offer flexibility resulting in the greatest benefit to the City. We can provide the City with options on the configuration of staffing for the delivery of services that strike a balance between efficiency and quality. We handle all assigned plan reviews and inspections through all phases of construction to the issuance of a certificate of occupancy. 1. Plan Review- Off-Site Services JAS Pacific is prepared to provide the City with off-site building plan review services with licensed Professional Engineers and certified Plans Examiners. All assigned personnel possess the necessary qualifications for assigned projects including state licenses in civil or structural engineering, ICC certifications in the respective fields that they will be working and licensed engineers for all structural and geotechnical reviews. Off-site services will be conducted via courier,as needed. 2. Turn-Around Schedule Completerp larrReyiew Review Type First Check Subsequent Checks (working days) (working days) Residential 10 5 Commercial 10 5 Accelerated Review 5 5 Specialty Plan Review Review Type First Check Subsequent Checks (working days) (working days) Residential 10 5 Nonresidential 10 5 Accelerated Review 5 5 Structural Review- Review Type First Check Subsequent Checks (working days) (working days) Residential 10 5 Commercial 10 5 Accelerated Review 5 5 13-19 EXHIBIT B SCHEDULE OF BILLLING RATES Jason Addison Smith Consulting Services, Inc., DBA JAS Pacific Page B-1 13-20 ro -M Berilt[itr6 & Safety Support Services The following is a Fee Schedule for services provided by JAS Pacific to the City of Newport Beach: SUPPORTSTAFF Building Inspector 1 $58.001 hour Building Inspector II $62.001 hour Building Inspector III $66.00/hour Permit Technician 1 $40.00/hour Permit Technician 11 $42.00/hour Permit Technician 111 $45.00/hour Mileage $.551 mile or IRS rate HOUSE I :i PLAN CHECK IN Plan Check Engineer/Architect I-In House $105.00/hour Plan Check Engineer/Architect 11-In House $110.001 hour Plan Checker-In House $85.00/hour Plan Check Engineer/Architect-Out Source $95.00/hour Plan Checker-Out Source $75.00/hour PLAN CHECK' SERVICES .OUT • • Turnaround Times Construction Type Business Da s) Fee 1:t Review 2^"&3�d Review Residential 10 5 65%of plan check fee* Nonresidential 10 5 *Fee to include a total of 3 reviews • • • � • Turnaround Times Construction Type Business Days) Fee 1st Review 2^d&31d Review Residential 5 5 65%of accelerated plan Nonresidential 5 5 check fee* *Fee to include a total of 3 reviews 13-21 EXHIBIT C-1 INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES 1. Provision of Insurance. Without limiting Consultant's indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City. Consultant agrees to provide insurance in accordance with requirements set forth here. If Consultant uses existing coverage to comply and that coverage does not meet these requirements, Consultant agrees to amend, supplement or endorse the existing coverage. 2. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 3. Coverage Requirements. A. Workers' Compensation Insurance. Consultant shall maintain Workers' Compensation Insurance, statutory limits, and Employer's Liability Insurance with limits of at least one million dollars ($1 ,000,000) each accident for bodily injury by accident and each employee for bodily injury by disease in accordance with the laws of the State of California, Section 3700 of the Labor Code. Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees and volunteers. B. General Liability Insurance. Consultant shall maintain commercial general liability insurance, and if necessary umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01 , in an amount not less than one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) general aggregate. The policy shall cover liability arising from premises, operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). C. Automobile Liability Insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non- owned or rented vehicles, in an amount not less than one million dollars ($1 ,000,000) combined single limit each accident. Jason Addison Smith Consulting Services, Inc., DBA JAS Pacific Page C-1 13-22 D. Professional Liability (Errors & Omissions) Insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of one million dollars ($1 ,000,000) per claim and two million dollars ($2,000,000) in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the Effective Date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the Services required by this Agreement. 4. Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions: A. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers from each of its subconsultants. B. Additional Insured Status. All liability policies including general liability, excess liability, pollution liability, and automobile liability, if required, but not including professional liability, shall provide or be endorsed to provide that City and its officers, officials, employees, and agents shall be included as insureds under such policies. C. Primary and Non Contributory. All liability coverage shall apply on a primary basis and shall not require contribution from any insurance or self-insurance maintained by City. D. Notice of Cancellation. All policies shall provide City with thirty (30) calendar days notice of cancellation (except for nonpayment for which ten (10) calendar days notice is required) or nonrenewal of coverage for each required coverage. 5. Additional Agreements Between the Parties. The parties hereby agree to the following: A. Evidence of Insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and other endorsements as specified herein for each coverage. Insurance certificates and endorsement must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to Jason Addison Smith Consulting Services, Inc., DBA JAS Pacific Page C-2 13-23 require complete, certified copies of all required insurance policies, at any time. B. City's Right to Revise Requirements. City reserves the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving Consultant sixty (60) calendar days advance written notice of such change. If such change results in substantial additional cost to Consultant, City and Consultant may renegotiate Consultant's compensation. C. Enforcement of Agreement Provisions. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non-compliance with any requirement imposes no additional obligations on City nor does it waive any rights hereunder. D. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. E. Self-insured Retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self- insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these requirements unless approved by City. F. City Remedies for Non-Compliance. If Consultant or any subconsultant fails to provide and maintain insurance as required herein, then City shall have the right but not the obligation, to purchase such insurance, to terminate this Agreement, or to suspend Consultant's right to proceed until proper evidence of insurance is provided. Any amounts paid by City shall, at City's sole option, be deducted from amounts payable to Consultant or reimbursed by Consultant upon demand. G. Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor's performance under this Contract, and that involve or may involve coverage under any of the required liability policies. City assumes no obligation or liability by such notice, but has the right (but Jason Addison Smith Consulting Services, Inc., DBA JAS Pacific Page C-3 13-24 not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. H. Consultant's Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Work. Jason Addison Smith Consulting Services, Inc., DBA JAS Pacific Page C-4 13-25 ATTACHMENT CC 3 C-5878 PROFESSIONAL SERVICES AGREEMENT WITH THE CODE GROUP, INC., DBA VCA CODE FOR BUILDING PLAN REVIEW & INSPECTION SERVICES THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement') is made and entered into as of this 9th day of July, 2014("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City'), and THE CODE GROUP, INC., DBA VCA CODE, a California corporation ("Consultant'), whose address is 2200 W. Orangewood Ave., Ste, 155, Orange, California 92868, and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City desires to engage Consultant to provide building plan review and inspection services (`Project'). C. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the professional services described in this Agreement. D. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and desires to retain Consultant to render professional services under the terms and conditions set forth in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM The term of this Agreement shall commence on the Effective Date, and shall terminate on June 30, 2017, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED onsultant shall diligently perform all the services described in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference ("Services" or "Work"). City may elect to delete certain Services within the Scope of Services at its sole discretion. 3. TIME OF PERFORMANCE 3.1 Time is of the essence in the performance of Services under this Agreement and Consultant shall perform the Services in accordance with the schedule included in Exhibit A. In the absence of a specific schedule, the Services shall be 13-26 performed to completion in a diligent and timely manner. The failure by Consultant to strictly adhere to the schedule set forth in Exhibit A, if any, or perform the Services in a diligent and timely manner may result in termination of this Agreement by City. 3.2 Notwithstanding the foregoing, Consultant shall not be responsible for delays due to causes beyond Consultant's reasonable control. However, in the case of any such delay in the Services to be provided for the Project, each party hereby agrees to provide notice within two (2) calendar days of the occurrence causing the delay to the other party so that all delays can be addressed. 3.3 Consultant shall submit all requests for extensions of time for performance in writing to the Project Administrator as defined herein not later than ten (10) calendar days after the start of the condition that purportedly causes a delay. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays that are beyond Consultant's control. 3.4 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances, by hand-delivery or mail. 4. COMPENSATION TO CONSULTANT 4.1 City shall pay Consultant for the Services on a time and expense not-to- exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's compensation for all Work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed One Million Three Hundred Eighty Thousand Dollars and 00 1700 ($1,380,000.00), without prior written authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City. 4.2 Consultant shall submit monthly invoices to City describing the Work performed the preceding month. Consultant's bills shall include the name of the person who performed the Work, a brief description of the Services performed and/or the specific task in the Scope of Services to which it relates, the date the Services were performed, the number of hours spent on all Work billed on an hourly basis, and a description of any reimbursable expenditures. City shall pay Consultant no later than thirty (30) calendar days after approval of the monthly invoice by City staff. 43 City shall reimburse Consultant only for those costs or expenses specifically identified in Exhibit B to this Agreement or specifically approved in writing in advance by City. 4.4 Consultant shall not receive any compensation for Extra Work performed without the prior written authorization of City. As used herein, "Extra Work" means any Work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. —.. ..-..._.........._........-.. ----- ........... -...--------- The Code Group, Inc., DBA VCA Code Page 2 13-27 Compensation for any authorized Extra Work shall be paid in accordance with the Schedule of Billing Rates as set forth in Exhibit B. 5. PROJECT MANAGER 5.1 Consultant shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the Agreement term. Consultant has designated Charles Russell to be its Project Manager. Consultant shall not remove or reassign the Project Manager or any personnel listed in Exhibit A or assign any new or replacement personnel to the Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to the removal or assignment of non-key personnel. 5.2 Consultant, at the sole discretion of City, shall remove from the Project any of its personnel assigned to the performance of Services upon written request of City. Consultant warrants that it will continuously furnish the necessary personnel to complete the Project on a timely basis as contemplated by this Agreement. 5.3 If Consultant is performing inspection services for City, the Project Manager and any other assigned staff shall be equipped with a cellular phone to communicate with City staff. The Project Manager's cellular phone number shall be provided to City. 6. ADMINISTRATION This Agreement will be administered by the Community Development Department, Building Division, City's Chief Building Official or designee shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator shall represent City in all matters pertaining to the Services to be rendered pursuant to this Agreement. 7. CITY'S RESPONSIBILITIES To assist Consultant in the execution of its responsibilities under this Agreement, City agrees to provide access to and upon request of Consultant, one copy of all existing relevant information on file at City. City will provide all such materials in a timely manner so as not to cause delays in Consultant's Work schedule. 8. STANDARD OF CARE 8.1 All of the Services shall be performed by Consultant or under Consultant's supervision. Consultant represents that it possesses the professional and technical personnel required to perform the Services required by this Agreement, and that it will perform all Services in a manner commensurate with the highest professional standards. For purposes of this Agreement, the phrase "highest professional standards" shall mean those standards of practice recognized by one (1) or more first- class firms performing similar work under similar circumstances. - --................ .. .........The Code Group, Inc., DBA VCA Code Page 3 13-28 8.2 All Services shall be performed by qualified and experienced personnel who are not employed by City. By delivery of completed Work, Consultant certifies that the Work conforms to the requirements of this Agreement, all applicable federal, state and local laws, and the highest professional standard. 8.3 Consultant represents and warrants to City that it has, shall obtain, and shall keep in full force and effect during the term hereof, at its sole cost and expense, all licenses, permits, qualifications, insurance and approvals of whatsoever nature that is legally required of Consultant to practice its profession. Consultant shall maintain a City of Newport Beach business license during the term of this Agreement. 8.4 Consultant shall not be responsible for delay, nor shall Consultant be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, acts of God, or the failure of City to furnish timely information or to approve or disapprove Consultant's Work promptly, or delay or faulty performance by City, contractors, or governmental agencies. 9. HOLD HARMLESS 9.1 To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers and employees (collectively, the "Indemnified Parties), from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys' fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims"), which may arise under this Agreement or in any manner relate (directly or indirectly) to the negligence, recklessness, or willful misconduct of the Consultant or its principals, officers, agents, employees, vendors, suppliers, subconsultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable, or any or all of them. 9.2 Notwithstanding the foregoing, nothing herein shall be construed to require Consultant to indemnify the Indemnified Parties from any Claim arising from the sole negligence, active negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorneys' fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant. 10. INDEPENDENT CONTRACTOR It is understood that City retains Consultant on an independent contractor basis and Consultant is not an agent or employee of City. The manner and means of conducting the Work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. No The Code Group, Inc., DBA VCA Code Page 4 13-29 civil service status or other right of employment shall accrue to Consultant or its employees. Nothing in this Agreement shall be deemed to constitute approval for Consultant or any of Consultant's employees or agents, to be the agents or employees Of City. Consultant shall have the responsibility for and control over the means of performing the Work, provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Consultant as to the details of the performance of the Work or to exercise a measure of control over Consultant shall mean only that Consultant shall follow the desires of City with respect to the results of the Services. 11. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the Work to be performed. City agrees to cooperate with the Consultant on the Project. 12. CITY POLICY Consultant shall discuss and review all matters relating to policy and Project direction with City's Project Administrator in advance of all critical decision points in order to ensure the Project proceeds in a manner consistent with City goals and policies. 13. PROGRESS Consultant is responsible for keeping the Project Administrator informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. 14. INSURANCE Without limiting Consultant's indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement or for other periods as specified in this Agreement, policies of insurance of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit C, and incorporated herein by reference. 15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Agreement, the Services to be provided under this Agreement shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or joint-venture or syndicate or co-tenancy, which shall result in changing the control of Consultant. Control means fifty percent (50%) or more of the voting The Code Group, Inc., DBA VCA Code Page 5 13-30 power or twenty-five percent (25%) or more of the assets of the corporation, partnership or joint-venture. 16. SUBCONTRACTING The subcontractors authorized by City, if any, to perform Work on this Project are identified in Exhibit A. Consultant shall be fully responsible to City for all acts and omissions of any subcontractor. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. City is an intended beneficiary of any Work performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and City. Except as specifically authorized herein, the Services to be provided under this Agreement shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City. 17. OWNERSHIP OF DOCUMENTS 17.1 Each and every report, draft, map, record, plan, document and other writing produced, including but not limited to, websites, blogs, social media accounts and applications (hereinafter "Documents"), prepared or caused to be prepared by Consultant, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or any other party. Additionally, all material posted in cyberspace by Consultant, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or any other party. Consultant shall, at Consultant's expense, provide such Documents, including all logins and password information to City upon prior written request. 17.2 Documents, including drawings and specifications, prepared by Consultant pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed Documents for other projects and any use of incomplete Documents without specific written authorization from Consultant will be at City's sole risk and without liability to Consultant. Further, any and all liability arising out of changes made to Consultant's deliverables under this Agreement by City or persons other than Consultant is waived against Consultant, and City assumes full responsibility for such changes unless City has given Consultant prior notice and has received from Consultant written consent for such changes. 17.3 All written documents shall be transmitted to City in formats compatible with Microsoft Office and/or viewable with Adobe Acrobat. The Code Group, Inc., DBA VCA Code Page 6 13-31 18. CONFIDENTIALITY All Documents, including drafts, preliminary drawings or plans, notes and communications that result from the Services in this Agreement, shall be kept confidential unless City expressly authorizes in writing the release of information. 19. INTELLECTUAL PROPERTY INDEMNITY Consultant shall defend and indemnify City, its agents, officers, representatives and employees against any and all liability, including costs, for infringement or alleged infringement of any United States' letters patent, trademark, or copyright, including costs, contained in Consultant's Documents provided under this Agreement. 20. RECORDS Consultant shall keep records and invoices In connection with the Services to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any Services, expenditures and disbursements charged to City, for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of City to examine, audit and make transcripts or copies of such records and invoices during regular business hours. Consultant shall allow inspection of all Work, data, Documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 21. WITHHOLDINGS City may withhold payment to Consultant of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Consultant shall not discontinue Work as a result of such withholding. Consultant shall have an immediate right to appeal to the City Manager or designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of return that City earned on its investments during the time period, from the date of withholding of any amounts found to have been improperly withheld. 22. ERRORS AND OMISSIONS In the event of errors or omissions that are due to the negligence or professional inexperience of Consultant which result in expense to City greater than what would have resulted if there were not errors or omissions in the Work accomplished by Consultant, the additional design, construction and/or restoration expense shall be borne by Consultant. Nothing in this Section is intended to limit City's rights under the law or any other sections of this Agreement. The Code Group, Inc., DBA VCA Code Page 7 13-32 23. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other Consultants in connection with the Project. 24, CONFLICTS OF INTEREST 24.1 Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act"), which (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by the Work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. 24.2 If subject to the Act, Consultant shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for immediate termination of this Agreement by City. Consultant shall indemnify and hold harmless City for any and all claims for damages resulting from Consultant's violation of this Section. 25. NOTICES 25.1 All notices, demands, requests or approvals, including any change in mailing address, to be given under the terms of this Agreement shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first- class mail, addressed as hereinafter provided. 25.2 All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: Attn: Seimone Jurjis, Chief Building Official Community Development Department, Building Division City of Newport Beach 100 Civic Center Drive PO Box 1768 Newport Beach, CA 92658 25.3 All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: Attn: Charles Russell, Vice President The Code Group, Inc., DBA VCA Code 2200 W. Orangewood Ave., Ste. 155 Orange, California 92868 The Code Group, Inc., DBA VCA Code Page 8 13-33 26. CLAIMS Unless a shorter time is specified elsewhere in this Agreement, before making its final request for payment under this Agreement, Consultant shall submit to City, in writing, all claims for compensation under or arising out of this Agreement. Consultant's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Agreement except those previously made in writing and identified by Consultant in writing as unsettled at the time of its final request for payment. Consultant and City expressly agree that in addition to any claims filing requirements set forth in the Agreement, Consultant shall be required to file any claim Consultant may have against City in strict conformance with the Government Claims Act (Government Code sections 900 et seq.). 27. TERMINATION 27.1 In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, and thereafter diligently take steps to cure the default, the non-defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. 27.2 Notwithstanding the above provisions, City shall have the right, at its sole and absolute discretion and without cause, of terminating this Agreement at any time by giving no less than seven (7) calendar days' prior written notice to Consultant. In the event of termination under this Section, City shall pay Consultant for Services satisfactorily performed and costs incurred up to the effective date of termination for which Consultant has not been previously paid. On the effective date of termination, Consultant shall deliver to City all reports, Documents and other information developed or accumulated in the performance of this Agreement, whether in draft or final form. 28. STANDARD PROVISIONS 28.1 Recitals. City and Consultant acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Agreement. 28.2 Compliance with all Laws. Consultant shall, at its own cost and expense, comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all Work prepared by Consultant shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator and City. The Code Group, Inc., DBA VCA Code Page 9 13-34 28.3 Waiver. A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. 28.4 Integrated Contract. This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 28.5 Conflicts or Inconsistencies. In the event there are any conflicts or inconsistencies between this Agreement and the Scope of Services or any other attachments attached hereto, the terms of this Agreement shall govern. 28.6 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply. 28.7 Amendments. This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney. 28.8 Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 28.9 Controlling Law and Venue. The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of California. 28.10 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, age or any other impermissible basis under law. 28.11 No Attorneys' Fees. In the event of any dispute or legal action arising under this Agreement, the prevailing party shall not be entitled to attorneys' fees. 28.12 Counterparts. This Agreement may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one (1) and the same instrument. [SIGNATURES ON NEXT PAGE] The Code Group, Inc., DBA VCA Code Page 10 13-35 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: CITY OF NEWPORT BEACH, CITY ATTORNEY'S OFFICE a California municipal corporation Date: tp (zS ly Date: -7• Icy, 1q By: I� Cd� BY: Aaron . Harp Rush N. 11, II City Attorney Mayor ATTEST: r CONSULTANT: The Code Group, Inc., Date: 1 DBA VC� �d�,I California corporation Date: �J By: B 99 A Leilani I. Brown Tom Van Dorpe City Clerk President Qk �E POQ Date:— 7. ZPAI A t t s� ✓ Robert Chou FoaraiP Vice President [END OF SIGNATURES] Attachments: Exhibit A—Scope of Services Exhibit B —Schedule of Billing Rates Exhibit C — Insurance Requirements O The Code Group, Inc., DBA VCA Code Page 11 13-36 EXHIBIT A SCOPE OF SERVICES The Code Group, Inc., DBA VCA Code Page A-1 13-37 City of Newport Beach Building Plan Review and Inspection Services [ode RFP No. 14-36 Organization Structure We have a team of knowledgeable professionals that not only possess a seasoned, realistic perspective, but can also provide practical suggestions for improvement in the most efficient and cost-effective manner. Summary Resume of Key Team Member A brief summary of the qualifications of the associates who are available to perform plan check services for the City are as follows: Charles Russell, CBO Vice President/Project Manager • Over thirty years' of building construction project management • Over ten years' as Certified Building Official • Certified Plans Examiner • Certified Building Inspector • ICC Education Committee Chairman • Member of ICC Orange Empire Chapter • Member of ICC Los Angeles Basin Chapter Timothy McCormick, PE, CBO, CASp Assistant Project Manager • Over thirty-four years' of building construction project management • Over fifteen years' as Certified Building Official • Certified Plans Examiner • Registered Civil Engineer • Certified Access Specialist • Past President, ICC Los Angeles Basin Chapter Hue Luu, PE Director of Plan Check Services • Over fifteen years' experience as structural designer and plan check engineer • Over eight years' experience in construction management and inspection • Extensive knowledge of all California Codes: Building, Residential, MEP, Green • Registered Professional Engineer • Certified Plans Examiner Ali Hekmat Plan Check Engineer • Over thirty years' experience as structural designer and plan check engineer • Certified Plans Examiner • Registered Civil/Structural Engineer Phil Nguyen Plan Examiner • Over nine years' experience as plan check engineer • Certified Plans Examiner 41 Page 13-38 in City of Newport Beach Building Plan Review and Inspection Services Code RFP No, 14-36 Brian Walters Senior Building Inspector • Over twenty years' experience as building inspector with project management experience • ICC Combination Inspector—Legacy • ICC Building Inspector • ICC/UPC Plumbing Inspector • ICC Electrical Inspector • ICC/UMC Mechanical Inspector • AIBA(Class A)Assistant Building Surveyor/Building Surveying Technician with Private Endorsement • QBSA Residential Building Inspection and Consultant License • QBSA Open Building License • N.S.W. Open Building License • State of California C-5 Carpenter& HIC License Robert Barton Building Inspector • Over fourteen years' experience as building inspector with MEP experience • General B Contractor's License CA 9797971 (Inactive) • ICC Certified Building #5003384 • Building Inspector UBC/CBC/IBC • Electrical Inspector NEC/CEC • Mechanical Inspector UMC/CMC/IMC • Plumbing Inspector UPC/CPC/IPC • Plans Examiner UBC/CBC/IBC • Accessibility Inspector UBC/ANSI • Commercial Property Maintenance Inspector UBC • Combination 1&2 Family Dwelling Inspector Uniform Codes &SI • ACI Field Technician Grade 1 • Post tensioned concrete Special Inspector Uniform Codes &SI • Structural Masonry Special Inspector Uniform Codes &SI • Structural Steel &Welding Special Inspector Uniform Codes & SI Joseph Slouka Building Inspector • Over seven years' experience conducting code enforcement and building inspections • ICC Certified Building 5 1 P a g a 13-39 City of Newport Beach Building Plan Review and Inspection Services code RFP No. 14-36 City of Newport Beach Charles Russell,C im McCormick,GASP Pro ect manager Assistant Protect Mana ar ue uu Director of Plan Check Services Phil Nguyen Wayne Lee All Hekmat Bdan Welters pan Plan Check Plan Chack Senior building Rohert Barton Joseph Slouka Examirer Engineer Engineer lnsFector Bu!!ding lnspedor 8uiiding lnspecfo Plan Check Services Building Inspection Services 61 Page 13-40 In City of Newport Beach Building Plan Review and Inspection Services Code RFP No. 14-36 Proposal — Methodology-Scope ®f Services BUILDING PLAN REVIEW SERVICES Our assigned staff will be two California licensed civil or structural engineers and one Plans Examiner who will work full time at Newport Beach City Hall. As assigned work by City supervisory staff, our engineers will review construction drawings, report and calculations for conformance to all requirements of the California Building Standards Code. This includes the California Building, Residential, Mechanical, Electrical, Plumbing, Energy and Green Building Standards Code as adopted and amended by the City of Newport Beach. When requested, our review will also include compliance with NPOES and WQMP requirements. Reviews will be completed within the hours allotted by the City or each assignment. Our reviews will provide complete and easy to understand comments on how to make construction documents conform to applicable code requirements. First, we identify the apparent code violation and its location on the documents. Then we will suggest alternative solutions for compliance as the codes allow. Finally, we advise all applicants of other available remedies, which may include second opinion review by City supervisors, code modifications, and alternate methods of construction. We then stay actively involved in meetings and decisions needed to assist the applicant on the path to successful code compliance,which is the desired outcome. Our staff will be readily accessible and knowledgeable to solve any code or service concerns. Our current civil engineer Ali Hekmat will continue to provide this service and will be joined by one additional civil or structural engineer and one plans examiner. Once awarded the contract, we will recruit for the two new positions and insure that candidates meet the high standards of both our firm and the City of Newport Beach. ON-CALL STRUCTURAL REVIEW Our assigned staff will be California licensed civil or structural engineers who will perform work at our corporate office in Orange, California. As assigned work by City supervisory staff, our engineers will review construction drawings, report and calculations for conformance to all requirements of the California Building Standards Code as adopted and amended by the City of Newport Beach related to complex structural designs. Reviews will be completed within the hours allotted by the City or each assignment or a percentage of fees as negotiated for any one project. Our reviews will provide complete and easy to understand comments on how to make construction documents conform to applicable structural code requirements. First, we identify the apparent code violation and its location on the documents. Then we will suggest alternative solutions for compliance as the codes allow. Finally, we advise all applicants of other available remedies, which may include second opinion review by City supervisors, code modifications, and alternate methods of construction. We then stay actively involved in meetings and decisions needed to assist the applicant on the path to successful code compliance,which is the desired 151Paga 13-41 In City of Newport Beach Building Plan Review and Inspection Services Code RFP No. 14-36 outcome. Our staff will be readily accessible and knowledgeable to solve any code or service concerns. Meetings can be conducted either at our offices or at Newport City Hall as the applicant desires. Our available staff for this function includes the following licensed civil engineers: Hue Lue, Wayne Lee and Tim McCormick. Please attached resumes. BUILDING INSPECTION SERVICES We currently provide three well qualified building inspectors full time to the City: Robert Barton, Brian Walters and Joseph Slouka. Please see their attached resumes. We note that the current proposal asks for two full time inspectors. As an extra benefit to the City, we can continue to provide the three already onsite if desired.. Our building inspectors will review completed and progress construction for conformance to applicable portions of the California Building Standards Code as adopted and amended by the City of Newport Beach. As directed, they will also review for Title 25 Mobilehome Parks regulations and State Water Resource Control Board regulations related to storm water pollution provision. Inspectors will issue correction notices as required and keep documentation in accordance with City standards and policies. Our staff will work under the direction of the Principal Inspector and will work as directed for second opinions and discretionary decisions for code modifications and alternate methods of construction and the issuance of final construction approvals including the Certificate of Occupancy. This will be in addition to the normal daily inspection assignments. Our staff will continue to be an invaluable asset who are seamlessly interwoven with the existing City staff to perform the best management practices of inspection services. 161Paga 13-42 EXHIBIT B SCHEDULE OF BILLING RATES The Code Group, Inc., DBA VCA Code Page B-1 13-43 City of Newport Beach Building Plan Review and Inspection Services [ode RFP No. 14-36 FEE SCHEDULE Plan Check and Inspection Services Principal $160.00 Certified Building Official $135.00 Assistant Building Official $115.00 Structural Engineer $125.00 CASp Consultant Services $160.00 CASp Consultant Plan Check $160.00 Plan Check Engineer $95.00 • Check Mechanical, Electrical, Plumbing Plan Engineer II • Grading Plan Review Engineer II • Fire Protection Engineer II Non Structural Plan Checker $85.00 NPDES Review $85.00 Combination Building Inspector $47.00 to $75.00 Senior(Commercial) Building Inspector $55.00 to $85.00 Grading Inspector $47.00 to $75.00 Code Enforcement Officer $47.00 to $75.00 Permit Technician $40.00 to $55.00 Clerical/Administration $50.00 Planning Plan Check and Inspection Services Senior Planner $115.00 Planner $105.00 EIR Specialist $115.00 Green and Energy Services CALGreen/LEED/Build it Green Consultant $115.00 Certified Energy Analyst(Energy Modeling) $115.00 Certified Energy Plans Examiner(CEPE) $95.00 HERS Rater $115.00 Outside Services A 15%fee for administrative coordination and handling will be added to subcontracted services such as, but not limited to, rebate and tax programs, reports, marketing, awards, green documentation, and other specialized services when such services are specifically requested in writing in advance. Automobile Travel Mileage: In accordance with the IRS mileage reimbursement rate in effect at the time the service is performed for al building inspectors and plan check staff performing site observations. Miscellaneous Miscellaneous out-of-pocket expenses will be billed at cost plus 10%. This includes, but is not limited to, the following: 1. Third Party Fees(such as USGBC, GBCI, Build It Green, and other similar fees) 2. Reproduction and Photographic Services 3. Governmental Fees 4. Transportation Costs 5. Delivery Services 6. Out-of-Town Living Expenses 1 Pa . e 13-44 EXHIBIT C INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES 1. Provision of Insurance. Without limiting Consultant's indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City. Consultant agrees to provide insurance in accordance with requirements set forth here. If Consultant uses existing coverage to comply and that coverage does not meet these requirements, Consultant agrees to amend, supplement or endorse the existing coverage. 2. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 3. Coverage Requirements. A. Workers' Compensation Insurance. Consultant shall maintain Workers' Compensation Insurance, statutory limits, and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000) each accident for bodily injury by accident and each employee for bodily injury by disease in accordance with the laws of the State of California, Section 3700 of the Labor Code. Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees and volunteers. B. General Liability Insurance. Consultant shall maintain commercial general liability insurance, and if necessary umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, in an amount not less than one million dollars ($1,000,000) per occurrence, one million dollars ($1,000,000) general aggregate. The policy shall cover liability arising from premises, operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract) with no endorsement or modification limiting the scope of coverage for liability assumed under a contract. C. Automobile Liability Insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented The Code Group, Inc., DBA VCA Code Page C-1 13-45 vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit each accident. D. Professional Liability (Errors & Omissions) Insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of one million dollars ($1,000,000) per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the Effective Date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the Services required by this Agreement. 4. Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions: A. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers from each of its subconsultants. B. Additional Insured Status. All liability policies including general liability, excess liability, pollution liability, and automobile liability, if required, but not including professional liability, shall provide or be endorsed to provide that City and its officers, officials, employees, and agents shall be included as insureds under such policies. C. Primary and Non Contributory. All liability coverage shall apply on a primary basis and shall not require contribution from any insurance or self- insurance maintained by City. D. Notice of Cancellation. All policies shall provide City with thirty (30) calendar days notice of cancellation (except for nonpayment for which ten (10) calendar days notice is required) or nonrenewal of coverage for each required coverage. 5. Additional Agreements Between the Parties. The parties hereby agree to the following: A. Evidence of Insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and other endorsements as specified herein for each coverage. Insurance certificates and endorsement must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this The Code Group, Inc., DBA VCA Code Page C-2 13-46 Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time. B. City's Right to Revise Requirements. City reserves the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving Consultant sixty (60) calendar days advance written notice of such change. If such change results in substantial additional cost to Consultant, City and Consultant may renegotiate Consultant's compensation. C. Enforcement of Agreement Provisions. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non-compliance with any requirement imposes no additional obligations on City nor does it waive any rights hereunder. D. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. E. Self-insured Retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self- insurance will not be considered to comply with these requirements unless approved by City. F. City Remedies for Non-Compliance. If Consultant or any subconsultant fails to provide and maintain insurance as required herein, then City shall have the right but not the obligation, to purchase such insurance, to terminate this Agreement, or to suspend Consultant's right to proceed until proper evidence of insurance is provided. Any amounts paid by City shall, at City's sole option, be deducted from amounts payable to Consultant or reimbursed by Consultant upon demand. G. Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor's performance under this Contract, and that involve or may involve coverage under any of the required liability policies. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. H. Consultant's Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Work. The Code Group, Inc., DBA VCA Code Page C-3 13-47 ATTACHMENT CC 4 a C-5875 PROFESSIONAL SERVICES AGREEMENT WITH JASON ADDISON SMITH CONSULTING SERVICES, INC., DBA JAS PACIFIC FOR f BUILDING PLAN REVIEW & INSPECTION SERVICES THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and entered into as of this 9th day of July, 2014 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and JASON ADDISON SMITH CONSULTING SERVICES, INC., DBA JAS PACIFIC, a California corporation ( Consultant"), whose address is P.O. Box 2002, Upland, California 91785, and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City desires to engage Consultant to provide building plan review and inspection services ("Project"), C. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the professional services described in this Agreement. D. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and desires to retain Consultant to render professional services under the terms and conditions set forth in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM The term of this Agreement shall commence on the Effective Date, and shall terminate on June 30, 2017, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall diligently perform all the services described in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference ("Services" or "Work"). City may elect to delete certain Services within the Scope of Services at its sole discretion. 3. TIME OF PERFORMANCE 3.1 Time is of the essence in the performance of Services under this Agreement and Consultant shall perform the Services in accordance with the schedule 13-48 included in Exhibit A. In the absence of a specific schedule, the Services shall be performed to completion in a diligent and timely manner. The failure by Consultant to strictly adhere to the schedule set forth in Exhibit A, if any, or perform the Services in a diligent and timely manner may result in termination of this Agreement by City. 3.2 Notwithstanding the foregoing, Consultant shall not be responsible for delays due to causes beyond Consultant's reasonable control. However, in the case of any such delay in the Services to be provided for the Project, each party hereby agrees to provide notice within two (2) calendar days.of the occurrence causing the delay to the other party so that all delays can be addressed. 3.3 Consultant shall submit all requests for extensions of time for performance in writing to the Project Administrator as defined herein not later than ten (10) calendar days after the start of the condition that purportedly causes a delay. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays that are beyond Consultant's control. 3.4 For all time periods not specifically set forth herein, Consultant shall respond In the most expedient and appropriate manner under the circumstances, by hand-delivery or mail. 4. COMPENSATION TO CONSULTANT 4.1 City shall pay Consultant for the Services on a time and expense not-to- exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's compensation for all Work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed Nine Hundred Sixty Nine Thousand Dollars and 00/100 ($969,000.00), without prior written authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City. 4.2 Consultant shall submit monthly invoices to City describing the Work performed the preceding month. Consultant's bills shall include the name of the person who performed the Work, a brief description of the Services performed and/or the specific task in the Scope of Services to which it relates, the date the Services were performed, the number of hours spent on all Work billed on an hourly basis, and a description of any reimbursable expenditures. City shall pay Consultant no later than thirty (30) calendar days after approval of the monthly invoice by City staff. 4.3 City shall reimburse Consultant only for those costs or expenses specifically identified in Exhibit B to this Agreement or specifically approved in writing in advance by City. 4.4 Consultant shall not receive any compensation for Extra Work performed without the prior written authorization of City. As used herein, "Extra Work" means any Work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did Jason Addison Smith Consulting Services, Inc., DBA JAS Pacific Page 2 13-49 i I not reasonably anticipate would be necessary at the execution of this Agreement. Compensation for any authorized Extra Work shall be paid in accordance with the Schedule of Billing Rates as set forth in Exhibit B. 5. PROJECT MANAGER 5.1 Consultant shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the Agreement term. Consultant has designated Christine Champany to be its Project Manager. Consultant shall not remove or reassign the Project Manager or any personnel listed in Exhibit A or assign any new or replacement personnel to the Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to the removal or assignment of non-key personnel. 5.2 Consultant, at the sole discretion of City, shall remove from the Project any of its personnel assigned to the performance of Services upon written request of City. Consultant warrants that it will continuously furnish the necessary personnel to complete the Project on a timely basis as contemplated by this Agreement. 5.3 If Consultant is performing inspection services for City, the Project Manager and any other assigned staff shall be equipped with a cellular phone to communicate with City staff. The Project Manager's cellular phone number shall be provided to City. 6. ADMINISTRATION This Agreement will be administered by the Community Development Department, Building Division. City's Chief Building Official or designee shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator shall represent City in all matters pertaining to the Services to be rendered pursuant to this Agreement. 7. CITY'S RESPONSIBILITIES To assist Consultant in the execution of its responsibilities under this Agreement, City agrees to provide access to and upon request of Consultant, one copy of all existing relevant information on file at City. City will provide all such materials in a timely manner so as not to cause delays in Consultant's Work schedule. 8. STANDARD OF CARE 8.1 All of the Services shall be performed by Consultant or under Consultant's supervision. Consultant represents that it possesses the professional and technical personnel required to perform the Services required by this Agreement, and that it will perform all Services in a manner commensurate with the highest professional standards. For purposes of this Agreement, the phrase "highest professional standards' shall mean those standards of practice recognized by one (1) or more first- class firms performing similar work under similar circumstances. Jason Addison Smith Consulting Services, Inc., DBA JAS Pacific Page 3 13-50 8.2 All Services shall be performed by qualified and experienced personnel who are not employed by City. By delivery of completed Work, Consultant certifies that the Work conforms to the requirements of this Agreement, all applicable federal, state and local laws, and the highest professional standard. 8.3 Consultant represents and warrants to City that it has, shall obtain, and shall keep in full force and effect during the term hereof, at its sole cost and expense, all licenses, permits, qualifications, insurance and approvals of whatsoever nature that is legally required of Consultant to practice its profession. Consultant shall maintain a City of Newport Beach business license during the term of this Agreement. 8.4 Consultant shall not be responsible for delay, nor shall Consultant be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, acts of God, or the failure of City to furnish timely information or to approve or disapprove Consultant's Work promptly, or delay or faulty performance by City, contractors, or governmental agencies. 9. HOLD HARMLESS 9.1 To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers and employees (collectively, the "Indemnified Parties), from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys' fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims'), which may arise under this Agreement or in any manner relate (directly or indirectly) to the negligence, recklessness, or willful misconduct of the Consultant or its principals, officers, agents, employees, vendors, suppliers, subconsultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable, or any or all of them. 9.2 Notwithstanding the foregoing, nothing herein shall be construed to require Consultant to indemnify the Indemnified Parties from any Claim arising from the sole negligence, active negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorneys' fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant. 10. INDEPENDENT CONTRACTOR It is understood that City retains Consultant on an independent contractor basis and Consultant is not an agent or employee of City. The manner and means of conducting the Work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. No Jason Addison Smith Consulting Services, Inc., DBA JAS Pacific Page 4 13-51 civil service status or other right of employment shall accrue to Consultant or its employees. Nothing in this Agreement shall be deemed to constitute approval for Consultant or any of Consultant's employees or agents, to be the agents or employees k of City. Consultant shall have the responsibility for and control over the means of performing the Work, provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Consultant as to the details of the performance of the Work or to exercise a measure of control over Consultant shall mean only that Consultant shall follow the desires of City with respect to the results of the Services. 11. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the Work to be performed. City agrees to cooperate with the Consultant on the Project. 12. CITY POLICY Consultant shall discuss and review all matters relating to policy and Project direction with City's Project Administrator in advance of all critical decision points in order to ensure the Project proceeds in a manner consistent with City goals and policies. 13. PROGRESS Consultant is responsible for keeping the Project Administrator informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. 14. INSURANCE Without limiting Consultant's indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement or for other periods as specified in this Agreement, policies of insurance of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit C, and incorporated herein by reference. 15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Agreement, the Services to be provided under this Agreement shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or joint-venture or syndicate or co-tenancy, which shall result in changing the control of Consultant. Control means fifty percent (50%) or more of the voting Jason Addison Smith Consulting Services, Inc., DBA JAS Pacific Page 5 13-52 power or twenty-five percent (25%) or more of the assets of the corporation, partnership or joint-venture. 16. SUBCONTRACTING The subcontractors authorized by City, if any, to perform Work on this Project are identified in Exhibit A. Consultant shall be fully responsible to City for all acts and omissions of any subcontractor. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. City is an intended beneficiary of any Work performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and City. Except as specifically authorized herein, the Services to be provided under this Agreement shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City. 17. OWNERSHIP OF DOCUMENTS 17.1 Each and every report, draft, map, record, plan, document and other writing produced, including but not limited to, websites, blogs, social media accounts and applications (hereinafter "Documents"), prepared or caused to be prepared by Consultant, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or any other party. Additionally, all material posted in cyberspace by Consultant, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or any other party. Consultant shall, at Consultant's expense, provide such Documents, including all logins and password information to City upon priorwritten request. 17.2 Documents, including drawings and specifications, prepared by Consultant pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed Documents for other projects and any use of incomplete Documents without specific written authorization from Consultant will be at City's sole risk and without liability to Consultant. Further, any and all liability arising out of changes made to Consultant's deliverables under this Agreement by City or persons other than Consultant is waived against Consultant, and City assumes full responsibility for such changes unless City has given Consultant prior notice and has received from Consultant written consent for such changes. 17.3 All written documents shall be transmitted to City in formats compatible with Microsoft Office and/or viewable with Adobe Acrobat. Jason Addison Smith Consulting Services, Inc., DBA JAS Pacific Page 6 13-53 I 18, CONFIDENTIALITY I All Documents, including drafts, preliminary drawings or plans, notes and communications that result from the Services in this Agreement, shall be kept confidential unless City expressly authorizes in writing the release of information. 19. INTELLECTUAL PROPERTY INDEMNITY Consultant shall defend and indemnify City, its agents, officers, representatives and employees against any and all liability, including costs, for infringement or alleged infringement of any United States' letters patent, trademark, or copyright, including costs, contained in Consultant's Documents provided under this Agreement. 20. RECORDS Consultant shall keep records and invoices in connection with the Services to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any Services, expenditures and disbursements charged to City, for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of City to examine, audit and make transcripts or copies of such records and invoices during regular business hours. Consultant shall allow inspection of all Work, data, Documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 21. WITHHOLDINGS City may withhold payment to Consultant of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Consultant shall not discontinue Work as a result of such withholding. Consultant shall have an immediate right to appeal to the City Manager or designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of return that City earned on its investments during the time period, from the date of withholding of any amounts found to have been improperly withheld. 22. ERRORS AND OMISSIONS In the event of errors or omissions that are due to the negligence or professional inexperience of Consultant which result in expense to City greater than what would have resulted if there were not errors or omissions in the Work accomplished by Consultant, the additional design, construction and/or restoration expense shall be borne by Consultant. Nothing in this Section is intended to limit City's rights under the law or any other sections of this Agreement. Jason Addison Smith Consulting Services, Inc., DBA JAS Pacific Page 7 13-54 23. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other Consultants in connection with the Project. 24. CONFLICTS OF INTEREST 24.1 Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act"), which (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by the Work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest: 24.2 If subject to the Act, Consultant shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for immediate termination of this Agreement by City. Consultant shall indemnify and hold harmless City for any and all claims for damages resulting from Consultant's violation of this Section. 25. NOTICES 25.1 All notices, demands, requests or approvals, including any change in mailing address, to be given under the terms of this Agreement shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first- class mail, addressed as hereinafter provided. 25.2 All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: Attn: Seimone Jurjis, Chief Building Official Community Development Department, Building Division City of Newport Beach 100 Civic Center Drive PO Box 1768 Newport Beach, CA 92658 25.3 All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: Attn: Christine Champany, Vice President Jason Addison Smith Consulting Services, Inc., DBA JAS Pacific P.O. Box 2002 Upland, California 91785 Jason Addison Smith Consulting Services, Inc., DBA JAS Pacific Page 8 13-55 26. CLAIMS Unless a shorter time is specified elsewhere in this Agreement, before making its final request for payment under this Agreement, Consultant shall submit to City, in writing, all claims for compensation under or arising out of this Agreement. Consultant's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Agreement except those previously made in writing and identified by Consultant in writing as unsettled at the time of its final request for payment. Consultant and City expressly agree that in addition to any claims filing requirements set forth in the Agreement, Consultant shall be required to file any claim Consultant may have against City in strict conformance with the Government Claims Act (Government Code sections 900 et seq.). 27. TERMINATION 27.1 In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, and thereafter diligently take steps to cure the default, the non-defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. 27.2 Notwithstanding the above provisions, City shall have the right, at its sole and absolute discretion and without cause, of terminating this Agreement at any time by giving.no less than seven (7) calendar days' prior written notice to Consultant. In the event of termination under this Section, City shall pay Consultant for Services satisfactorily performed and costs incurred up to the effective date of termination for which Consultant has not been previously paid. On the effective date of termination, Consultant shall deliver to City all reports, Documents and other information developed or accumulated in the performance of this Agreement, whether in draft or final form. 28. STANDARD PROVISIONS 28.1 Recitals. City and Consultant acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Agreement. 28.2 Compliance with all Laws. Consultant shall, at its own cost and expense, comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all Work prepared by Consultant shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator and City. Jason Addison Smith Consulting Services, Inc., DBA JAS Pacific Page 9 13-56 28.3 Waiver. A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. 28.4 Integrated Contract. This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 28.5 Conflicts or Inconsistencies. In the event there are any conflicts or inconsistencies between this Agreement and the Scope of Services or any other attachments attached hereto, the terms of this Agreement shall govern. 28.6 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply. 28.7 Amendments. This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney. 28.8 Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 28.9 Controlling Law and Venue. The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of California. 28.10 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, age or any other impermissible basis under law. 28.11 No Attorneys' Fees. In the event of any dispute or legal action arising under this Agreement, the prevailing party shall not be entitled to attorneys' fees. 28.12 Counterparts. This Agreement may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one (1) and the same instrument. [SIGNATURES ON NEXT PAGE] Jason Addison Smith Consulting Services, Inc., DBA JAS Pacific Page 10 13-57 IN WITNESS WHEREOF, the parties have caused this Agreement to be i executed on the dates written below. APPROVED AS TO FORM: CITY OF NEWPORT BEACH, CITY ATTORNEY'S QFFICE a California municipal corporation I Date: (,o / y.Ly.L//4 Date: BY: By: Aaron . arp Rush N. Hill, II City Attorney Mayor ATTEST:? �� , / CONSULTANT: Jason Addison Smith Date: l(� Consulting Services, Inc., DBA JAS Pacific, a California corporation ^M� Date: By: 9� By: Leilani I. Brown Chri Cha pa City Clerk Vice President O� NEWS®� Date: y� J. Addison Smith Chief Executive Officer [END OF SIGNATURES] Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates Exhibit C — Insurance Requirements Jason Addison Smith Consulting Services, Inc., DBA JAS Pacific Page 11 13-58 EXHIBIT A SCOPE OF SERVICES Jason Addison Smith Consulting Services, Inc., DBA JAS Pacific Page A-1 13-59 i , t k f RN {{ a i r S ♦ t � ,,,�yy �R { R x r1a d y IM.S. f f II. METHODOLOGY i A. Scope of Services JAS Pacific can provide the City with seamless quality building plan review,on-call structural review,and building inspection t services within the requested timeframes. Our service procedures are thorough meeting all expectations including great g customer service and efficient response times, without compromising qualit . As part of JAS Pacific's over arching goal to attain customer satisfaction, a tailored service delivery system Is developed,service models are effective and efficient, and procedures adapted to meet the City's requirements. We are confident that we can accommodate the City's financial needs as well as provide the desired level of customer service. Additionally, because of our available resources, we have the ability to alter the levels and types of service to address increased workloads and customer needs. Fully demonstrating our qualifications, below we provide a detailed discussion on the scope of work. This proposal will exhibit our principles, practices,and methods of latest code knowledge and application through the detailed scope of work and in our quality staff proposed. Through contracting with JAS Pacific, the City can be assured that all structures will be equal to or exceed the applicable City,State, and Federal regulations. JAS Pacific understands the City's needs and we have the resources to provide timely deployment. With limited City resources,contracting with JAS Pacific will afford the City more flexibility in the allocation of such resources. JAB Pacific Services City Benefit I Personnel I Superior level of customer service Expertise Cons stem code application Staffing Resources Flexibility to meet all levels of demand 9 Contract Costs Expenses are consistent with revenues Acting on behalf of the City, JAS Pacific will provide superior levels of customer service, consistent code application, and develop seamless working relationships with City staff. Contracting with JAS Pacific will provide the City with a cost- effective alternative to a fully internally staffed department and allow the City to focus on other critical municipal matters. JAS Pacific will perform applicable functions as an extension of City staff and will follow all City procedures and directives. Varying workload demands will be met and is ensured through available back up staff. JAS Pacific understands the importance of excellent customer service not only to the City but to the clients we serve. We strive to meet and exceed all S client expectations and we will create a cooperative work environment with the City and the clients we serve. Our understanding and approach to the proposed scope of services are detailed below. F 1. Building Plan Review i JAS Pacific will provide the City with building plan review services, through the contracting of two (2) Licensed Plan Check Engineers and one(1)Plans Examiner. All proposed building plan review personnel meet all required qualifications,education,and certificatlontlicensing as applicable for the field they will be working in. Additionally, all Plan Check Engineers and Plans Examiners possess the requisite skills and experience required to perform all duties and responsibilities below as applicable to their assignments. Building plan review services will include the review of construction documents submitted for all types of residential and nonresidential construction projects. The assigned Plans Examiner will be responsible for mechanical, electrical, and plumbing plan reviews for residential,commercial, and industrial projects. The construction documents shall be reviewed for conformance u 7 e Page 115 13-60 c , r, � with the Codes. Staff will not only Identlfy building code issues within the plans, but also will address the big picture and offer helpful suggestions to reach life-safety and code compliance standards. t PLAN REVIEW SERVICES Architectural Mechanical p Structural Accessibility Electrical Occupancy Energy Fire Plumbing Green Building Grading Storm Water Plan Check EngineerslPlans Examiner Duties and Responsibilities: • Review residential,commercial and industrial buildings for compliance with the City-adopted codes,including California Building and Residential Codes, Green Cade, Mechanical Code, Plumbing Cade, and Electrical Code;The City of Newport Beach Municipal Code;and State Energy Conservation requirements. e Provide written notification to each applicant, consisting of a complete electronically-generated plan check letter which outlines the documents reviewed, instructions to the applicant regarding the processing of documents, and a listing of plan check comments. The plan check comments will refer to appropriate sheets,details or calculations pages and the code section of concern. Comments shall specify the apparent code violation. • Be available during regular business hours to discuss and clarify plan check issues with applicants, designers, owners and consultants. The resolution of code issues may be performed by telephone and/or s meetings prior to the resubmission of the corrected plans and documents. Attend all required meetings as directed by the Chief Building Official. • Review grading plans to assure conformance with City codes,written policies and standard specifications and compliance with the recommendations,specifications and details contained in the submitted soils report and assure that all appropriate details are shown on the plans. Review quantity calculations to assure accuracy and completeness. f • Review Erosion Control Plans to verify erosion and sedimentation measures comply with the Best Management Practices listed in the Storm Water Pollution Prevention Plans in compliance with NPDES and WQMP requirements, • Conduct comprehensive and accurate reviews of submitted construction documents to check for a architectural,structural, mechanical,plumbing,electrical,fire,grading,civil, storm water, accessibility and/or energy requirements and providing plan review comments. d • Ensure that construction documents adhere to applicable Codes. . Coordinate plan reviews with other City departments or agencies in order to make sure all appropriate requirements are Incorporated in the construction documents. • Notify the applicant of the need for corrections and meat and confer with permit applicants to resolve all outstanding plan review comments and approving their projects. e Perform over the counter plan review of construction documents for simple construction projects • Work with permit counter staff to facilitate the issuance of construction permits for approved construction documents. Attend and participate in meetings with other City plan review or inspection staff, property owners, i contractors or design professionals. w Page 116 13-61 a t � W�ii , hx 'yea; t R , 4 } • Ensure security and privacy,preventing theft,loss,or unauthorized copying of plans. I • Provide status feedback on the checking of any plan within one business day of a telephone request. • Apply new Standards as prescribed by law when existing Codes are subsequently replaced by newer Codes. • Review plans and return to applicant as soon as practical. • Assist the City with plan review services during an emergency or natural disaster. • Assist the City with the code adoption process if necessary. • Perform rechecks of corrected plans and plan changes until plans and related documents are substantially correct and complete. • Maintain records related to plans reviewed,Including all turnaround times. • Respond to telephone inquiries about code requirements and plan review procedures relating to assigned projects. • Maintain knowledge of City adopted Building and Residential,Electrical,Plumbing,Mechanical,Fire,Title 24 Energy, Title 24 Accessibility, and Green Building Codes and other City Ordinances, policies, and procedures. • Draft written corrections and redlining of plans. • Provide code interpretations, • Ensure all requirements of all other agencies having jurisdiction over projects are incorporated into the plan review and approval process. • Maintain accurate records. • Ensure availability during business hours to discuss and provide clarification of review comments, issues, and corrections with designers, applicants, and contractors via telephone or in person if necessary and available. Resolution of such instances may take place by telephone or by meetings prior to resubmitting corrected plans or documents. • Maintain knowledge of adopted building, fire, plumbing, mechanical, electrical, and energy codes; and principles, practices and methods of architectural, plumbing, mechanical, and electrical design and construction. • Performing other related duties,as required. 2. On-Call Structural Review JAS Pacific will provide the City with on-call structural plan review services,through the contracting of Licensed Plan Check Engineers. Assigned Plan Check Engineers will assist the City with special projects Involving the review of complex structural design on an as-needed basis. a Plan Check Engineers Duties and Responsibilities: r • Provide on-call plan review of complex structural design for conformance to the latest adopted codes and standards. • Provide written notification to each applicant, consisting of a complete electronically-generated plan check a letter which outlines the documents reviewed, instructions to the applicant regarding the processing of ? documents, and a Gating 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. • Be available during regular business hours to discuss and clarify plan check issues with applicants, designers,owners,and consultants. Resolution of code issues may be performed by telephone,or meetings prior to resubmitting corrected plans and documents. 3 Page 117 13-62 j +� t ,�`.",�{ a t k�4ry $,S.YH py+k.sy a✓' yI. VAI j N AN $S { ,.._mua.non: b-Fz�c'�..=e.LeFCo��u-e F• 4�.na, �u.;v_v...vrvusr�u enwr,_r�.mc�c.,.a...nm�—�rzssw.mmavm..�..vaxu ura m�,..�xuem.�xm_wa,.w��_a., • Attend all required meetings as directed by the Chief Building Official. 3. Inspection a • JAB Pacific will provide the City with building inspection services,through the contracting of Certified Building Inspectors. All Building Inspectors are fully qualified to perform residential, commercial, and industrial inspections. All inspectors meet all qualifications, education, and certificationilicensing requirements including an ICC Building Inspector certification. All JAS Pacific assigned building inspectors shall be equipped with the necessary tools and equipment when performing inspection services on behalf of the City. Inspection services will include comprehensive field inspection In accordance with the approved construction documents the Codes. Personnel shall not be substituted without approval from the Chief Building Official. INSPECTION Structural Life Safety I Electrical Plumbin Fire Grading — Handicapped.Access I Combination Residential Building Inspector Duties and Responsibilities: 9 • Provide inspections of all requested inspections and re-inspections for compliance with City Municipal and State Codes and regulations: California Building, Residential,Plumbing,Mechanical,Electrical,Fire,Energy, and Green Building Standards codes. Compliance will also be ensured with Disabled Access Regulations, and Title 25; Mobile Home Parks regulations; State Water Resource Control Board regulations related to storm water pollution prevention; Sound Transmission Control regulations; and, locally adopted building ordinances and amendments thereof. • Maintain all inspection records for all assigned projects, including correction notices and all documentation related to project inspections. • Coordinate all inspection and re-inspection requests as assigned. • Coordinate with the Principal Building Inspector, as appropriate,on discretionary decisions or requests for alternate materials. • Coordinate with the Principal Building Inspector on all Certificate of Occupancy to be sure that all applicable City regulatory agencies have approved the project. • Review the approved construction documents to gain familiarity with the construction project and review for compliance with code requirements and discrepancies after permit issuance. • Conduct inspections on construction projects to determine conformity with the approved construction B documents and the Codes. • Work closely with property owners and contractors to provide solutions to problems on-site, Attend and participate In meetings with other City inspection or plan review staff, property owners, gcontractors,or design professionals. • Maintain a record of non-complying items and ensuring the resolution of such items. • Ensure that any construction changes are properly documented and approved by the appropriate City staff. • Provide Inspection services and assure that the construction meets the plans and is in compliance with the latest adopted codes,policies and procedures, • Assist the City with inspection services during an emergency or natural disaster. • Inspect commercial,industrial,or residential buiidings during various stages of construction. Page 118 13-63 ffiN I{` V F 1C is � i � AN tlYf Recognize the need for and requiring plan reviews for Building,Electrical,Plumbing,and Mechanical Codes and outside agency requirements. • Review permit package to verify that onsite conditions are consistent with the appropriate records for square footage,setbacks, heights,and other requirements that apply. • Provide written documentation of inspections performed. • Attend meetings with City staff, City Council, Planning Commission, developers, contractors, and general public as needed. • Attend meetings and provide emergency inspections upon short notice. • Read and study project specifications,plans, reports, and calculations to become familiar with projects prior to inspection,and ensuring compliance with all applicable requirements. • Perform and document inspections on construction projects to determine that all aspects of the project work, such as grading, foundations, building, electrical, plumbing, and mechanical systems conform to the applicable Codes, zoning ordinances, energy conservation, and disabled access requirements including all local,City,State,and Federal legal requirements. • Maintain a written record of non-complying items and follow-up to resolution of such items. Record all significant construction-related activities and events, such as work completed, to provide a chronological and factual history of Inspection on assigned construction projects. • Maintain accurate records. t • Provide clear and understandable written responses related to review. • Establish professional working relationships with all affected City Departments to streamline enforcement efforts. • Ensure that the public interests for a safe environment are met and uphold the preservation of health,safety, and welfare of the public. • Be readily available to accommodate the overload of inspection demands in a timely manner. • Possess and maintain all required certifications and licenses while providing services to the City. • Respond to telephone inquiries about code requirements and inspection procedures relating to assigned projects. • Perform other related duties,as required. JAS Pacific's goals of inspection services are code compliance,community safety,and providing helpful mitigation suggestions to keep the project moving forward. JAS Pacific shall have adequate available staffing resources including qualified building inspectors to provide the City with necessary staffing levels to meet the varying workload demands and can ensure this through available back up staff. B. Work Plan JAS Pacific understands the City's needs. We propose to tailor a service delivery system that meets and exceeds the City's expectations. Additionally,due to our available resources we have the ability to offer flexibility that result In the greatest benefit to the City. We can provide the City with options on the configuration of staffing for the delivery of s services that strike a balance between efficiency and quality. JAS Pacific, in the delivery of plan review, building inspection, and permit center services, takes care of staffing — including salaries and benefits — transportation, insurance,certifications,and continuing education. We propose to provide building plan review,on-call structural plan review,and building inspection services through the contracting of Licensed Plan Check Engineers, a Certified Plans 9 Examiner,and Certified Building Inspectors. In the delivery of services to the City under the proposed agreement,JAS Pacific will not be utilizing sub-contractors. F Page 19 13-64 d 5 fly: n p9 sM1 x s L � k ty 4 ski JAS Pacific handles all assigned plan reviews and inspections through all phases of construction to the issuance of a certificate of occupancy. The overall results are structurally sound buildings and communities, satisfied customers, and a reputation of the City as being developer and builder friendly. We understand the City's requirements and know that a service program addressing both components will be satisfactorily negotiated. Below is our detailed approach on how the proposed services will be delivered and resources managed in order to accomplish the Scope of Work. 1. Building Plan Review JAS Pacific is prepared to provide the City with on-site building plan review services through the contracting of two d (2) Plan Check Engineers and one (1) Plans Examiner. All assigned personnel possess the necessary qualifications for assigned projects including state licenses in civil or structural engineering, ICC certifications in the respective fields that they will be working and licensed engineers for all structural and geotechnical reviews. This type of approach is beneficial to the City providing a wide spectrum of expertise and the resources to meet any level of demand. We believe this is a comprehensive and efficient approach to providing these services to the public and City staff. For a detailed step-by-step review of the approach,please refer to'Illustration A—Building Plan Review Work Plan'below. 2. On-Call Structural Plan Review JAS Pacific is prepared to provide the City with both on and off-site structural plan review services through the contracting of Licensed Plan Check Engineers. On-call structural plan review services are provided timely and seamlessly and assigned staff are accessible to promptly respond to all inquiries. Off-site services are conducted via FedEx, daily and as needed, thus diminishing any impact of logistics. JAS Pacific provides an overnight courier service at no additional cost to the City or applicant for the receipt and delivery of plans. The appropriate registered engineer reviews or oversees the review of all plans. For a detailed step-by-step review of the ggg approach,please refer to'Illustration A—Building Plan Review Work Plan'below as the process is very similar to that of building plan review services however it includes the option of off-site services. 3. Inspection JAS Pacific Is prepared to provide the City with inspection services through the contracting of two (2) certified Building Inspectors. Assigned staff will be responsible for all construction, emergency, disaster, and special inspection projects. For a detailed systematic review of the general approach, please refer to 'Illustration B — Inspection Work Plan'below. b yN d Page 20 13-65 r }'e r�is a FA�� 5 y�"�"� r7 S .h�f� �Y' "y ff• o�y BIER? yy Y J; F .. * R �AR- W .Y'tv_euv�SJ¢6i � :kawrnex'ms:.vsa:m++'m._..rnvenna-.Y'n.mr:rvueieasw..uvvvmn.x�m+nvrsrt[on.�snerm.+."weestmaauwnriammwww, 3jIllustration A—Building Plan Review Work Plan Below, the flow chart outlines the general approach to building plan review services for the City to be provided by either a Plan Check Engineer or Plans Examiner and can be modified to best suit the City's needs. The work flow is similar for both E on and off-site services. Couriorservlcesareprovided JAS Pacific receives plan ono dailybasls or as required check request -_ atno cost to the City,and plans are delivered to JAS PaciBCforrevlew Prefect file is created ProJectfile willbe maintained and maintained and willinciude all correction throughout plan ----------*- lists,record ofall review recess conversatlonsand written P andemailconespondence Plan check request is Plan check remains with initial assigned to a Plan Plan Checkaruntilapproval Checker ------------ unlessotherwiserequestedby the City g9 2 A full plan check is A completed according to Scope of Work a b s Corrections? 4 i li Yes No Approved documents include approved plans, i calculations,a letter of $ transmittal,and two copies 3 TelectronicalIv prehensive list Plans are approved of the signed correction t of regi red ------ lists indicating corrections ctions is issued -------- 11 have been completed and hard copy or t approved. All documents are forwarde d to the City via courier at no cost. 9 Corrections are I Applicant is notified of coortlinated with the required corrections. applicant and changes Means/point of exchange S are completed I are provided through a toll e free telephone number and a cost-free mail exchange forpick-up and delivery of plans. Page 121 13-66 �k WR 113-Pon, hi vY ,2 I y4"i:5 1 Illustration B—Building Inspection Work Plan Below,the flow chart outlines the general approach to inspection requests and processing for the City to be provided by a a Building Inspector and can be modified to best suit the Cily's needs. 3 JAS Pacific staff 8 @6 receives a building inspection request Inspection is assigned =dlalldin ere qualified to a Building Inspector. - -- -_ ed,havingall dnecessary ertlfioatlons n the RFP. _ Revkw ensures compNance reviews project plan wMhcodancles fte rpoand reviews p onduc ing dlsarepanclasa8erpermit prior to conducting ------° issuance. Inspection Ensures all aspects ofthe Building Inspector pro%ectwarkconPorm with ell performs and docnmanis ------- applicable Codesand comprehensive field ordironcesh,eRectat the n time ofapplication for inspection consrructionpermlls. Building Inspector Responseslnciudedetalled returns to the office and sommenrs,dregrams,end completes clear and ------- suggestions bassist in understandable and projectcompliance with responses related to the plansand Codes. 5 Inspcatlon „ Compliance? No Yes R Pre re thorough Job inspection record is fff Pa Processls repeated until correction notices approved forthe portion finallnspectlonendproJecfis of Codeorplan of work inspected and - completed,permits finalized deficiencies constructioncan proceed endcerflficateofoccupency documented during until next required lslssued. Inspection Inspection Corrections are provided to the applicant, clarification Is provided If requested,and Instructed to schedule a reinspectlon k upon completion of corrections Page 122 13-67 II t qe r t r 5 ��.++,_'������w,ss=E�' ac ai � � u.:..:.an...enm�.z:saem.:Arc.w.v..umse:ixvmo:.,wewn.:�•.....msunwmn�„r.+,..r,�+:w.nzse.a...wv.... 4. Turn-Around Schedule Building Plan Review I , Review Type First Check Subsequent Checks (working days) workin days) Residential 7 5 i Commercial 15 5 On-Call Review Type First Check Subsequent Checks (working days) (working days) Residential 10 5 Commercial 15 5 3 C. Additional Services In addition to the specific services requested in the RFP and detailed above, JAS Pacific can also provide the City with permit center and public information counter, clerical assistance, full department management and administration, urban i planning and public works, and specialized management services. Upon request, detailed descriptions of these additional q services can be provided. y i z 3 3 1 t 3 p i Page 123 13-68 EXHIBIT B SCHEDULE OF BILLING RATES Jason Addison Smith Consulting Services, Inc., DBA JAS Pacific Page B-1 13-69 �1 �C I fK� tix> v®v..sennumuxwnccmv+rev:.ammsevnmsn.mrszzuanwamaxwarvsvecem:.aw.ssmsmve.wmaammw>f"xSAY.�C .cLL" � '+`1'=!S� Y��' Wyt f Building & Safety Support Services The following is a Fee Schedule for services provided by JAS Pacific to the City of Newport Beach; SUPPORTSTAFF Building Inspector 1 $58.00/hour Building Inspector II $62.00/hour Building Inspector III $66.00/hour Permit Technician 1 $40.001 hour Permit Technician II $42.001 hour Permit Technician III $45.00/hour Mileage $.551 mile or IRS rate PLAN CHECK Plan Check Engineer/Architect I—In House $105.001 hour Plan Check Engineer/Architect II—In House $110.001 hour Plan Checker—In House $85.00/hour Plan Check Engineer/Architect—Out Source $96.001 hour Plan Checker—Out Source $75.001 hour 13-70 EXHIBIT C INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES 1. Provision of Insurance. Without limiting Consultant's indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City. Consultant agrees to provide insurance in accordance with requirements set forth here. If Consultant uses existing coverage to comply and that coverage does not meet these requirements, Consultant agrees to amend, supplement or endorse the existing coverage. 2. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 3. Coveraqe Requirements. A. Workers' Compensation Insurance. Consultant shall maintain Workers' Compensation Insurance, statutory limits, and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000) each accident for bodily injury by accident and each employee for bodily injury by disease in accordance with the laws of the State of California, Section 3700 of the Labor Code. Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees and volunteers. B. General Liability Insurance. Consultant shall maintain commercial general liability insurance, and if necessary umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, in an amount not less than one million dollars ($1,000,000) per occurrence, one million dollars ($1,000,000) general aggregate. The policy shall cover liability arising from premises, operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract) with no endorsement or modification limiting the scope of coverage for liability assumed under a contract. C. Automobile Liability Insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented Jason Addison Smith Consulting Services, Inc., DBA JAS Pacific Page C-1 13-71 i I vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit each accident. D. Professional Liability (Errors & Omissions) Insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of one million dollars ($1,000,000) per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the Effective Date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the Services required by this Agreement. 4. Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions: A. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing Insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers from each of its subconsultants. B. Additional Insured Status. All liability policies including general liability, excess liability, pollution liability, and automobile liability, if required, but not including professional liability, shall provide or be endorsed to provide that City and its officers, officials, employees, and agents shall be included as insureds under such policies. C. Primary and Non Contributory. All liability coverage shall apply on a primary basis and shall not require contribution from any insurance or self- insurance maintained by City. D. Notice of Cancellation. All policies shall provide City with thirty (30) calendar days notice of cancellation (except for nonpayment for which ten (10) calendar days notice is required) or nonrenewal of coverage for each required coverage. 5. Additional Agreements Between the Parties. The parties hereby agree to the following: A. Evidence of Insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and other endorsements as specified herein for each coverage. Insurance certificates and endorsement must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Jason Addison Smith Consulting Services, Inc., DBA JAS Pacific Page C-2 13-72 Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at anytime. B. City's Right to Revise Requirements. City reserves the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving Consultant sixty (60) calendar days advance written notice of such change. If such change results in substantial additional cost to Consultant, City and Consultant may renegotiate Consultant's compensation. C. Enforcement of Agreement Provisions. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non-compliance with any requirement imposes no additional obligations on City nor does it waive any rights hereunder. D. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. E. Self-insured Retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self- insurance will not be considered to comply with these requirements unless approved by City. F. City Remedies for Non-Comoliance. If Consultant or any subconsultant fails to provide and maintain insurance as required herein, then City shall have the right but not the obligation, to purchase such insurance, to terminate this Agreement, or to suspend Consultant's right to proceed until proper evidence of insurance is provided, Any amounts paid by City shall, at City's sole option, be deducted from amounts payable to Consultant or reimbursed by Consultant upon demand. G. Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor's performance under this Contract, and that involve or may involve coverage under any of the required liability policies. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. H. Consultant's Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Work. Jason Addison Smith Consulting Services, Inc., DBA JAS Pacific Page C-3 13-73 ATTACHMENT CC 5 �EWPO r1TV Or NEWPORT BEACH Plan Review Options �9LIFOR�IP In an effort to provide you with exceptional customer service, we are now offering options for your building plan review. In addition to the City's professional plan check team, your plans could also be reviewed by either VCA Code or JAS Pacific, both of which provide high quality services. We are offering this choice at no additional cost to you. Should your project schedule benefit from an accelerated plan check review timeframe, this option is available as well for an additional fee. More information regarding consulting review services is provided on the reverse side of this form. Please indicate your information and choice below. Project Address: Print Name: Date 2 Standard Accelerated 4�yEN'Po Review Review City's's Professional 3 Y sr' 10-15 days 5 days Plan Check Team C��FFOR O-` The Building Code and ❑10 days ❑ 5 days Plan Check Experts Code JAS PACIFIC I municipal engineering & consulting ❑10 days El 5 days Signature: I Standard Review turnaround time are regular business days - 1 st Plan Check 2 Accelerated Review turnaround is regular business days - 1st Plan Check The Fee ($)for Accelerated Review is at 1.75 x Regular review fee 3 Accelerated plan review is dependent upon City staff's availability 13-74 ly�WP() NEWPORT BEACH F � v � Important Information �4LIF0 R�1P How will my plans be delivered to and from the consultant's office? The consultants use a courier service that picks up and delivers plans at the City daily or as often as needed throughout the business day. All plan submittals and picking up of plans occur at City Hall in order to accurately track the progress and location of plans and their documents. Will VCA Code or JAS Pacific plan review all aspects of my plan review, including Fire safety? Yes, a consultant's review process is the same as if the plans were reviewed at City Hall by a Building Division plan check engineer. All other departments in City Hall will still conduct their internal reviews. (Fire, Public Works, Planning, Harbor Resources, Utilities and General Services) Also, the City's consulting Geologist will conduct internal reviews on soil reports and drainage plans in Geo-hazard zones, Water Quality Management Plans, and Storm Water Pollution Prevention Plans. Will I be able to communicate directly with the consulting plan check engineer through either email or telephone calls? Yes, the plan check engineer's name, phone number and e-mail address will be on their comment sheet and they will respond to all inquiries regarding their review. Should I wish to meet with the consulting plan check engineer, where would that meeting occur? At the consultant's office. VCA Code-2200 W Orangewood Ave#155, Orange, CA 92868 JAS Pacific-201 N Euclid Ave #D, Upland, CA 91786 If I disagree with the plan review correction from either VCA Code or JAS Pacific, to whom may 1 appeal? Discussions regarding applicability of correction comments will be addressed by Seimone Jurjis, Assistant Community Development Director / Chief Building Official, for the City of Newport Beach. He invites discussions on any and all comments. His aim is to assist in the review process to make it as seamless and efficient as possible. Seimone and his team will also be conducting quality reviews on the consultants'work. 13-75 ATTACHMENT CC 6 City of Newport Beach NO. BA- 16BA-002 BUDGET AMENDMENT 2015-16 AMOUNT: 53a7,ss7.00 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates Increase in Budgetary Fund Balance X Increase Expenditure Appropriations AND X Decrease in Budgetary Fund Balance Transfer Budget Appropriations No effect on Budgetary Fund Balance SOURCE: from existing budget appropriations from additional estimated revenues from unappropriated fund balance EXPLANATION: This budget amendment is requested to provide for the following: To increase expenditure appropriations for increased contracts related to contract building inspectors, a civil engineer,and a permit specialist. The Department requests to expand consultants'scope of services to allow off-site plan review for building code compliance. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Amount Fund Account Description Debit Credit 010 300000 General Fund-Fund Balance $347,597.00 ` REVENUE ESTIMATES(3601) Fund/Division Account Description EXPENDITURE APPROPRIATIONS(3603) Description Division Number 0105042 Building-Permits/Plan Check Account Number 811008 Services Professional $347,597.00 Division Number Account Number Division Number Account Number Automatic System Entry. Signed: -7 - ,�Z l — I� in ial X6provall: Financh Direc ir Date Signed: Adminis ' e Approval: City Manage Date Signed: City Council Approval: City Clerk Date 13-76 ATTACHMENT CC 7 CONSULTANT PLAN REVIEW COST PROJECTIONS VCA JAS TOTAL A) Annual#of Plans: 2,700.00 B) 80%Completed @ Counter: 2,160.00 C) 20% Review in Back Office: 540 (A x 20%) D) 30%Completed by Consultant: 81 81 162 (C x 30%) E) 25%Accelerated: 20 20 40.5 (D x 25%) F) Average Valuation for Review: S 550,000.00 G) Average Plan Check Fee Collected: $ 2,891.00 $ 2,891.00 $ 2,891.00 H) Average Expense @ 62.5%of Fees: $ 105,376.95 $ 114,158.36 $ 219,535.31 (G x(D-E)x 62.5%) 1) Average Expense @ 62.5%Accelerated: $ 61,469.89 $ 66,59238 $ 128,062.27 (G x E x 62.5%x 1.75) J) Total Consultant Cost: $ 166,846.84 $ 180,750.74 $ 347,597.58 (H+1) TOTAL: $ 347,597.58 13-77