HomeMy WebLinkAboutC-4337 - PSA for Building Plan Check Servicesr Professiona;,,$ervice Agreement �j� OQ V anDorpe Chou Associates
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PROFESSIONAL SERVICES AGREEMENT
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THIS AGREEMENT, entered into this day of 2003, by and between CITY
OF NEWPORT BEACH, a Municipal Corporation (he einafter referred to as "City "), and
VANDORPE CHOU ASSOCIATES whose address is 295 Rampart Street, Orange,
California, (hereinafter referred to as "Consultant "), 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 Check Services upon
the terms and conditions contained in this Agreement,
C. The principal members of Consultant, are for purpose of this Project, Dan Van
Dorpe, Robert Chou, and Neil Evans.
D. City has solicited and received a proposal from Consultant, has reviewed the
previous experience and evaluated the expertise of Consultant, and desires to
contract with Consultant under the terms of conditions provided in this
Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned Parties as
follows:
TERM
The term of this Agreement shall commence on April 1, 2003, and shall remain in
effect for a period of one year. Unless terminated by Section 25, this Agreement may
be extended for successive one -year periods on April 1 of each calender year.
2. SERVICES TO BE PERFORMED
2.1 Consultant shall diligently perform all the duties set forth in the scope of
services, attached hereto as Exhibit "A" attached hereto and incorporated here in by
reference.
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VanDorpe Chou Associates
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2.2 All work shall be performed by consultant's employees in its office as indicated
herein and no work shall be sub - contracted except as specifically approved in advance
by City.
3. COMPENSATION TO CONSULTANT
3.1 City shall pay Consultant for the services in accordance with the provisions of
this Section and the scheduled billing rates, attached hereto as Exhibit "B" and
incorporated herein by reference. No rate changes shall be made during the term of
this Agreement without prior written approval of City.
3.2 Consultant shall maintain accounting records of its billings which includes the
name of the employee, type of work performed, times and dates of all work which is
billed on an hourly basis and all approved incidental expenses including reproductions,
computer printing, postage and mileage.
3.3 Consultant shall submit monthly invoices to City payable by City within thirty
(30) days of receipt of invoice subject to the approval of City.
3.4 Consultant shall not receive any compensation for extra work without prior
written authorization of City. Any authorized extra compensation shall be paid in
accordance with Exhibit "B ".
3.5 City shall reimburse Consultant only for those costs or expenses which have
been specifically approved in this Agreement, or specifically approved in advance by
City.
4. STANDARD OF PRACTICE
4.1 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 community professional
standards. All services shall be performed by qualified and experienced personnel who
are not employed by City nor have any contractual relationship with City. Consultant
represents and warrants to City that it has or shall obtain all licenses, permits,
qualifications and approvals required of its profession. Consultant further represents
and warrants that it shall keep in effect all such licenses, permits and other approvals
during the term of this Agreement.
5. INDEPENDENT PARTIES
City retains Consultant on an independent contractor basis and Consultant is not an
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
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expressed terms of this Agreement. Nothing in this Agreement shall be deemed to
constitute 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
details in means of performing the work provided that Consultant is compliance with
the terms of this Agreement. Anything in this Agreement which may appear to give
City the right to direct Consultant as to the details of the performance of the services or
to exercise a measure of control over Consultant shall mean that Consultant shall follow
the desires of City only with respect to the results of the services.
6. COOPERATION
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Consultant agrees to work closely and cooperate fully with City's Building Official and
any other agencies which may have jurisdiction or interest in the work to be performed.
City agrees to cooperate with the Consultant on the Project.
7. PROJECT MANAGER
7.1 Consultant shall assign the Project to 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 Project term. Consultant has designated Neil Evans to be
its Project Manager.
7.2 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.
8. TIME OF PERFORMANCE
8.1 Time is of the essence in the performance of the services under this Agreement
and the services shall be performed by Consultant in accordance with the schedule
specified in Exhibit "A ". The failure by Consultant to strictly adhere to the schedule,
may result in termination of this Agreement by City, and the assessment of damages
against Consultant for delay.
8.2 For all time periods not specifically set forth herein, Consultant shall respond in
the most expedient and appropriate manner under the circumstances, by either
telephone, fax, hand delivery or mail.
9. CITY POLICY
Consultant will discuss and review all matters relating to policy and project direction
with the Project Administrator in advance of all critical decision points in order to
ensure that the Project proceeds in a manner consistent with City goals and policies.
Professional Service Agreement VanDorpe Chou Associates
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10. CONFORMANCE TO APPLICABLE REQUIREMENT
All work prepared by Consultant shall conform to applicable city, county, state and
federal law, regulations and be subject to approval of the Project Administrator and
City.
11. PROGRESS
Consultant is responsible to keep the City Project Administrator and /or his /her duly
authorized designee informed on a regular basis regarding the status and progress of the
1work, activities performed and planned, and any meeting that have been scheduled or
are desired.
12. HOLD HARMLESS
12.1 Consultant shall indemnify, defend and hold harmless City and its agents and
employees from and against all claims, damages, losses and expenses, including
attorney's fees, arising out of or resulting from the Contractor's acts or omissions
pursuant to this contract.
13. INSURANCE
13.1 Without limiting consultant's indemnification of City, and prior to
commencement of work, Consultant shall obtain and provide and maintain at its own
expense during the term of this Agreement policy or policies of liability insurance of
the type and amounts described below and satisfactory to City. Certification of all
required policies shall be signed by a person authorized by that insurer to bind coverage
on its behalf and must be filed with City prior to exercising any right or performing any
work pursuant to this Agreement. Except workers compensation and errors and
omissions, all insurance policies shall add City, its elected officials, officers, agents,
representatives and employees as additional insured for all liability arising from
Consultant's services as described herein.
13.2 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 Bests Key
Rating Guide: unless otherwise approved by the City Risk Manager.
A. Worker's compensation insurance covering all employees and principals of
Consultant, per the laws of the State of California.
B. Commercial general liability insurance covering third party liability risks,
including without limitation, contractual liability, in a minimum amount of $1
million combined single limit per occurrence for bodily injury, personal injury
and property damage. If commercial general liability insurance or other form
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VanDorpe Chou Associates
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with a general aggregate is used, either the general aggregate shall apply
separately to this Project, or the general aggregate limit shall be twice the
occurrence limit.
C. Commercial auto liability and property insurance covering any owned and
rented vehicles of Consultant in a minimum amount of $1 million combined
single limit per accident for bodily injury and property damage.
D. Professional errors and omissions insurance which covers the services to be
performed in connection with this Agreement in the minimum amount of one
million Dollars ($1,000,000).
13.3 Said policy or policies shall be endorsed to state that coverage shall not be
canceled by either party, except after thirty (30) days' prior notice has been given in
writing to City. Consultant shall give City prompt and timely notice of claim made or
suit instituted arising out of Consultant's operation hereunder. 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.
13.4 Consultant agrees that, in the event of loss due to any of the perils for which it
has agreed to provide comprehensive general and automotive liability insurance,
Consultant shall look solely to its insurance for recovery. Consultant hereby grants to
City, on behalf of any insurer providing comprehensive general and automotive liability
insurance to either Consultant or City with respect to the services of Consultant herein,
a waiver of any right of subrogation which any such insurer of said Consultant may
acquire against City by virtue of the payment of any loss under such insurance.
14. PROHIBITION AGAINST TRANSFERS
14.1 Consultant shall not assign, sublease, hypothecate or transfer this Agreement or
any for the services to be performed under this Agreement, directly or indirectly, by
operation of law or otherwise without prior written consent of City. Any attempt to do
so without consent of City shall be null and void.
14.2 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 cotenancy, which shall result in changing the control of Consultant,
shall bd construed as an assignment of this Agreement. Control means fifty percent
(50 %) or more of the voting power, or twenty-five percent (25 %) or more of the assets
of the corporation, partnership or joint - venture.
Professional Service Agreement VanDorpe Chou Associates
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15. OWNERSHIP OF DOCUMENTS
15.1 Each and every report, draft, work product, map, record and other document
reproduced, prepared or caused to be prepared by Consultant pursuant to or in
connection with this Agreement shall be the exclusive property of City.
15.2 Consultant shall, at such time and in such form as City may require, furnish
reports concerning the status of services required under this Agreement.
116. CITY'S RESPONSIBILITIES
In order to assist Consultant in the execution of his responsibilities under this
Agreement, City agrees to provide the following:
A. Access to, and upon request of Consultant, one copy of all existing record
information on file at City.
17. ADMINISTRATION
This Agreement will be administered by the Building Department. The Building
Official shall be considered the Project Administrator and shall have the authority act
for City under this Agreement. The Project Administrator or his /her authorized
representative shall represent City in all matters pertaining to the services to be
rendered pursuant to this Agreement.
18. RECORDS
Consultant shall keep records and invoices in connection with the work to be performed
under this Agreement. Consultant shall maintain complete and accurate records with
respect to the costs incurred under this Agreement. All such records shall be clearly
identifiable. Consultant shall allow a representative of City to examine, audit and make
transcripts or copies of such records during normal 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 under this
Agreement.
19. WITHHOLDINGS
City may withhold payment 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
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the City Manager or his designee with respect to such disputed sums. Consultant shall
be entitled to receive interest on any withheld sums at the rate of seven percent (7%)
per annum from the date of withholding of any amounts found to have been improperly
withheld.
20. 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 would have
resulted if there were not errors or omissions in the work accomplished by Consultant,
Ithe additional plan check expense shall be borne by Consultant. Nothing in this
paragraph is intended to limit City's rights under any other sections of this Agreement.
21. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other consultants in connection with the Project.
22. CONFLICTS OF INTEREST
22.1 The Consultant or its employees are subject to the provisions of the California
Political Reform Act of 1974 (the "Act "), which (1) requires such persons to disclose
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.
22.2 Consultant shall conform to all requirements of the Act. Failure to do so
constitutes a material breach and is grounds for 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.
23. SUBCONSULTANT AND ASSIGNMENT
Except as specifically authorized under this Agreement, the services included in this
Agreement shall not be assigned, transferred, contracted or subcontracted without
prior written approval of City.
24. NOTICES
24.1 All notices, demands, requests or approvals to be given under 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.
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24.2 All notices, demands, requests or approvals from Consultant to City shall be
addressed to City at:
City of Newport Beach
Building Department
3300 Newport Boulevard
P. O. Box 1768
Newport Beach, CA, 92658 -8915
(714) 644 -3275 Fax 644 -3350
24.3 All notices, demands, requests or approvals from City to Consultant shall be
addressed to Consultant at:
Attention: Dan Van Dorpe P.E.
VanDorpe Chou Associates
295 Rampart St
Orange CA 92868
(714) 978 -9780
Fax 978 -9788
25. TERMINATION
25.1 In the event either part hereto fails or refuses to perform any of the provisions
hereof at the time and in the manner required hereunder, that party shall be deemed in
default in the performance of this Agreement. If such default is not cured within a
period of seven (7) days, or if more than seven (7) days are reasonably required to cure
the default and the defaulting party fails to give adequate assurance of due performance
within seven (7) days after receipt of written notice of default, specifying the nature of
such default and the steps necessary to cure such default, the nondefaulting parry may
terminate the Agreement forthwith by giving to the defaulting parry written notice
thereof.
25.2 City shall have the option, at its sole discretion and without cause, of
terminating this Agreement by giving thirty (30) days' prior written notice to
Consultant as provided herein. Upon termination of this Agreement, City shall pay tc
the Consultant that portion of compensation specified in this Agreement that is earned
and unpaid prior to the effective date of termination.
26. 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.
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27. 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. Any modification of this
Agreement will be effective only by written execution signed by both City and
Consultant.
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IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed on the day
and year first written above.
APPROVED AS TO FORM:
Robin Clauson
Assistant City Attorney
for the City of Newport Beach
CITY OF NEWPORT BEACH
A Municipal Corporation
By:
Homer Bludau
City Manager
for the City of Newport Beach
CONSULTANT
VANDORPE CHOU ASSOCIATES
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Dan Van Dorpe, PE, CBO
President
Professional Service Agreement
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EDIT A - SCOPE OF SERVICE
'I'EM OF COMPLETION
1. SCOPE OF SERVICE
VCA will provide a complete building plan check for the City as requested by City Project
Administrator, including analysis for compliance with the City's adopted uniform codes as
follows:
❑ Building code requirements including:
Requirements based upon type of occupancy;
—+ Requirements based upon type of construction;
—+ Engineering regulations including seismic loads;
—+ Detailed regulations of construction;
—► Fire resistive standards for fire protection;
—� Fire and life safety requirements; and
Accessibility to the physically handicapped.
❑ National Electrical Code requirements
• Uniform Plumbing Code requirements
• Title 24 energy conservation compliance
• City's amendments to the uniform codes
2. TIME OF COMPLETION
TYPE OF PLAN
Residential, single - family
Residential, multi - family /multi -story
Commercial, single -story and tenant improvements
Commercial, multi -story
Very complex projects (i.e., high -rise buildings)
WORKING DAYS
INITIAL CHECK RECHECK
10 5
10 5
10 5
14 5
(As agreed by the CITY
and CONSULTANT)
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EXHIBIT B - COMPENSATION
1. COMPREHENSIVE BUILDING PLAN REVIEW
For individual building plans:
75 percent of the plan check fee in accordance with the current fee schedule adopted by City
Council. This is a comprehensive plan review including compliance to energy standards and
t accessibility requirements.
For repetitive plan:
15 percent of the plan check fee charged for the first building type.
2. PARTIAL PLAN CHECK AND /OR OTHER WORK
Any work not included in the basic services listed above will be performed at a rate in accordance
with the following fee schedule.
PERSONNEL
Hourly Rate
Dan Van Dorpe, PE, Principal ........ ...............................
$125.00
Robert Chou, SE .................. ...............................
$125.00
Tom Van Dorpe, SE . ............... ...............................
S125.00
Neil Evans, PE, Project Manager ...... ...............................
$110.00
Peter Knowlton, PE ................ ...............................
S 90.00
Dorothy Leever,PE ............... ...............................
S 90.00
Shahla Soltani, PE ................. ...............................
$ 90.00
KenToh,PE ..................... ...............................
S 90.00
HueLuu ......................... ...............................
S80.00
3. BILLING
Invoices will be sent at the end of each month or other date set by the City. Each invoice will
indicate the job address, plan check number, valuation, plan check fee in accordance with the
City's fee schedule and the fee due to VanDorpe Chou Associates.
Professional Service Agreement VanDorpe Chou Associates
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PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT, entered into this day of , 2003, by and between CITY
OF NEWPORT BEACH, a Municipal Corporation (hereinafter referred to as "City "), and
VANpORPE CHOU ASSOCIATES whose address is 295 Rampart Street, Orange,
California, (hereinafter referred to as "Consultant "), 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 Check Services upon
the terms and conditions contained in this Agreement.
C. The principal members of Consultant, are for purpose of this Project, Dan Van
Dorpe, Robert Chou, and Neil Evans.
D. City has solicited and received a proposal from Consultant, has reviewed the
previous experience and evaluated the expertise of Consultant, and desires to
contract with Consultant under the terms of conditions provided 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 April 1, 2003, and shall remain in
effect for a period of one year. Unless terminated by Section 25, this Agreement may
be extended for successive one -year periods on April 1 of each calender year.
2. SERVICES TO BE PERFORMED
2.1 Consultant shall diligently perform all the duties set forth in the scope of
services, attached hereto as Exhibit "A" attached hereto and incorporated here in by
reference.
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Professional Service Agreement VanDorpe Chou Associates
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2.2 All work shall be performed by consultant's employees in its office as indicated
herein and no work shall be sub - contracted except as specifically approved in advance
by City.
3. COMPENSATION TO CONSULTANT
3.1 City shall pay Consultant for the services in accordance with the provisions of
this Section and the scheduled billing rates, attached hereto as Exhibit "B" and
incorporated herein by reference. No rate changes shall be trade during the term of
this Agreement without prior written approval of City.
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3.2 Consultant shall maintain accounting records of its billings which includes the
name of the employee, type of work performed, times and dates of all work which is
billed on an hourly basis and all approved incidental expenses including reproductions,
computer printing, postage and mileage.
3.3 Consultant shall submit monthly invoices to City payable by City within thirty
(30) days of receipt of invoice subject to the approval of City.
3.4 Consultant shall not receive any compensation for extra work without prior
written authorization of City. Any authorized extra compensation shall be paid in
accordance with Exhibit "B ".
3.5 City shall reimburse Consultant only for those costs or expenses which have
been specifically approved in this Agreement, or specifically approved in advance by
City.
4. STANDARD OF PRACTICE
4.1 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 community professional
standards. All services shall be performed by qualified and experienced personnel who
are not employed by City nor have any contractual relationship with City. Consultant
represents and warrants to City that it has or shall obtain all licenses, permits,
qualifications and approvals required of its profession. Consultant further represents
and warrants that it shall keep in effect all such licenses, permits and other approvals
during the term of this Agreement.
5. INDEPENDENT PARTIES
City retains Consultant on an independent contractor basis and Consultant is not an
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
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Professional Service Agreement
VanDorpe Chou Associates
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expressed terms of this Agreement. Nothing in this Agreement shall be deemed to
constitute 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
details in means of performing the work provided that Consultant is compliance with
the terms of this Agreement. Anything in this Agreement which may appear to give
City the right to direct Consultant as to the details of the performance of the services or
to exercise a measure of control over Consultant shall mean that Consultant shall follow
the desires of City only with respect to the results of the services.
6. COOPERATION
Consultant agrees to work closely and cooperate fully with City's Building Official and
any other agencies which may have jurisdiction or interest in the work to be performed.
City agrees to cooperate with the Consultant on the Project.
7. PROJECT MANAGER
7.1 Consultant shall assign the Project to 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 Project term. Consultant has designated Neil Evans to be
its Project Manager.
7.2 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.
8. TIME OF PERFORMANCE
8.1 Time is of the essence in the performance of the services under this Agreement
and the services shall be performed by Consultant in accordance with the schedule
specified in Exhibit "A ". The failure by Consultant to strictly adhere to the schedule,
may result in termination of this Agreement by City, and the assessment of damages
against Consultant for delay.
8.2 For all time periods not specifically set forth herein, Consultant shall respond in
the most expedient and appropriate manner under the circumstances, by either
telephone, fax, hand delivery or mail.
9. CITY POLICY
Consultant will discuss and review all matters relating to policy and project direction
with the Project Administrator in advance of all critical decision points in order to
ensure that the Project proceeds in a manner consistent with City goals and policies.
Professional Service Agreement VanDorpe Chou Associates
Page - 4
10. CONFORMANCE TO APPLICABLE REQUIREMENT
All work prepared by Consultant shall conform to applicable city, county, state and
federal law, regulations and be subject to approval of the Project Administrator and
City.
11. PROGRESS
Consultant is responsible to keep the City Project Administrator and/or his/her duly
authorized designee informed on a regular basis regarding the status and progress of the
wwork, activities performed and planned, and any meeting that have been scheduled or
are desired.
12. HOLD HARMLESS
12.1 Consultant shall indemnify, defend and hold harmless City and its agents and
employees from and against all claims, damages, losses and expenses, including
attorney's fees, arising out of or resulting from the Contractor's acts or omissions
pursuant to this contract.
13. INSURANCE
13.1 Without limiting consultant's indemnification of City, and prior to
commencement of work, Consultant shall obtain and provide and maintain at its own
expense during the term of this Agreement policy or policies of liability insurance of
the type and amounts described below and satisfactory to City. Certification of all
required policies shall be signed by a person authorized by that insurer to bind coverage
on its behalf and must be filed with City prior to exercising any right or performing any
work pursuant to this Agreement. Except workers compensation and errors and
omissions, all insurance policies shall add City, its elected officials, officers, agents,
representatives and employees as additional insured for all liability arising from
Consultant's services as described herein.
13.2 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 Bests Key
Rating Guide: unless otherwise approved by the City Risk Manager.
A. Worker's compensation insurance covering all employees and principals of
Consultant, per the laws of the State of California.
B. Commercial general liability insurance covering third party liability risks,
including without limitation, contractual liability, in a minimum amount of $1
million combined single limit per occurrence for bodily injury, personal injury
and property damage. If commercial general liability insurance or other form
Professional Service Agreement
VanDorpe Chou Associates
Page - 5
with a general aggregate is used, either the general aggregate shall apply
separately to this Project, or the general aggregate limit shall be twice the
occurrence limit.
C. Commercial auto liability and property insurance covering any owned and
rented vehicles of Consultant in a minimum amount of $1 million combined
single limit per accident for bodily injury and property damage.
D. Professional errors and omissions insurance which covers the services to be
performed in connection with this Agreement in the minimum amount of one
I million Dollars ($1,000,000).
13.3 Said policy or policies shall be endorsed to state that coverage shall not be
canceled by either party, except after thirty (30) days' prior notice has been given in
writing to City. Consultant shall give City prompt and timely notice of claim made or
suit instituted arising out of Consultant's operation hereunder. 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.
13.4 Consultant agrees that, in the event of loss due to any of the perils for which it
has agreed to provide comprehensive general and automotive liability insurance,
Consultant shall look solely to its insurance for recovery. Consultant hereby grants to
City, on behalf of any insurer providing comprehensive general and automotive liability
insurance to either Consultant or City with respect to the services of Consultant herein,
a waiver of any right of subrogation which any such insurer of said Consultant may
acquire against City by virtue of the payment of any loss under such insurance.
14. PROHIBITION AGAINST TRANSFERS
14.1 Consultant shall not assign, sublease, hypothecate or transfer this Agreement or
any for the services to be performed under this Agreement, directly or indirectly, by
operation of law or otherwise without prior written consent of City. Any attempt to do
so without consent of City shall be null and void.
14.2 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 cotenancy, which shall result in changing the control of Consultant,
shall be construed as an assignment of this Agreement. Control means fifty percent
(50 %) or more of the voting power, or twenty-five percent (25 %) or more of the assets
of the corporation, partnership or joint- venture.
Professional Service Agreement VanDorpe Chou Associates
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15. OWNERSHIP OF DOCUII WMS
15.1 Each and every report, draft, work product, map, record and other document
reproduced, prepared or caused to be prepared by Consultant pursuant to or in
connection with this Agreement shall be the exclusive property of City.
15.2 Consultant shall, at such time and in such form as City may require, furnish
reports concerning the status of services required under this Agreement.
116. CITY'S RESPONSIBILITIES
In order to assist Consultant in the execution of his responsibilities under this
Agreement, City agrees to provide the following:
A. Access to, and upon request of Consultant, one copy of all existing record
information on file at City.
17. ADMIMSTRATION
This Agreement will be administered by the Building Department. The Building
Official shall be considered the Project Administrator and shall have the authority act
for City under this Agreement. The Project Administrator or his /her authorized
representative shall represent City in all matters pertaining to the services to be
rendered pursuant to this Agreement.
18. RECORDS
Consultant shall keep records and invoices in connection with the work to be performed
under this Agreement. Consultant shall maintain complete and accurate records with
respect to the costs incurred under this Agreement. All such records shall be clearly
identifiable. Consultant shall allow a representative of City to examine, audit and make
transcripts or copies of such records during normal 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 under this
Agreement.
19. WITHHOLDINGS
City may withhold payment 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
Professional Service Agreement
VanDorpe Chou Associates
Page - 7
the City Manager or his designee with respect to such disputed sutras. Consultant shall
be entitled to receive interest on any withheld sutras at the rate of seven percent (7%)
per annum from the date of withholding of any amounts found to have been improperly
withheld.
20. ERRORS AND
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 would have
resulted if there were not errors or omissions in the work accomplished by Consultant,
the additional plan check expense shall be home by Consultant. Nothing in this
paragraph is intended to limit City's rights under any other sections of this Agreement.
21. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other consultants in connection with the Project.
22. CONFLICTS OF INTEREST
22.1 The Consultant or its employees are subject to the provisions of the California
Political Reform Act of 1974 (the "Act "), which (1) requires such persons to disclose
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.
22.2 Consultant shall conform to all requirements of the Act. Failure to do so
constitutes a material breach and is grounds for 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.
23. SUBCONSULTANT AND ASSIGNMENT
Except as specifically authorized under this Agreement,
Agreement shall not be assigned, transferred, contracted
prior written approval of City.
24. NOTICES
the services included in this
or subcontracted without
24.1 All notices, demands, requests or approvals to be given under 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.
Professional Service Agreement
VanDorpe Chou Associates
Page - 8
24.2 All notices, demands, requests or approvals from Consultant to City shall be
addressed to City at:
City of Newport Beach
Building Department
3300 Newport Boulevard
P. O. Box 1768
Newport Beach, CA, 92658 -8915
(714) 644 -3275 Fax 644 -3350
g4.3 All notices, demands, requests or approvals from City to Consultant shall be
addressed to Consultant at:
Attention: Dan Van Dorpe P.E.
VanDorpe Chou Associates
295 Rampart St
Orange CA 92868
(714) 978 -9780
Fax 978 -9788
25. TERNIINATION
25.1 In the event either part hereto fails or refuses to perform any of the provisions
hereof at the time and in the manner required hereunder, that party shall be deemed in
default in the performance of this Agreement. If such default is not cured within a
period of seven (7) days, or if more than seven (7) days are reasonably required to cure
the default and the defaulting party fails to give adequate assurance of due performance
within seven (7) days after receipt of written notice of default, specifying the nature of
such default and the steps necessary to cure such default, the nondefaulting party may
terminate the Agreement forthwith by giving to the defaulting party written notice
thereof.
25.2 City shall have the option, at its sole discretion and without cause, of
terminating this Agreement by giv?pg thirty (30) days' prior written notice to
Consultant as provided herein. Upon termination of this Agreement, City shall pay to
the Consultant that portion of compensation specified in this Agreement that is earned
and unpaid prior to the effective date of termination.
26. 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.
1 t
Professional Service Agreement VanDorpe Chou Associates
Page - 9
27. 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. Any modification of this
Agreement will be effective only by written execution signed by both City and
Consultant.
I
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed on the day
and year first written above.
APPROVED AS TO FORM:
By:
Robin lauson
Assistant City Attorney
for the City of Newport Beach
CITY OF NEWPORT BEACH
A Municipal Corporation
By:
Homer Iftudau
City Manager
for the City of Newport Beach
CONSULTANT
VANDORPE CHOU ASSOCIATES
By: 4L)a L' - 14
Dan Van Dorpe, PE, CBCV
President
Professional Service Agreement
VanDorpe Chou Associates
Page - 10
EIMMIT A - SCOPE OF SERVICE
TIME OF COMPLETION
1. SCOPE OF SERVICE
VCA will provide a complete building plan check for the City as requested by City Project
Administrator, including analysis for compliance with the City's adopted uniform codes as
follows:
I
❑ Building code requirements including:
—+ Requirements based upon type of occupancy;
—► Requirements based upon type of construction;
-� Engineering regulations including seismic loads;
Detailed regulations of construction;
Fire resistive standards for fire protection;
—+ Fire and life safety requirements; and
—+ Accessibility to the physically handicapped.
❑ National Electrical Code requirements
❑ Uniform Plumbing Code requirements
❑ Title 24 energy conservation compliance
❑ City's amendments to the uniform codes
2. TIME OF COMPLETION
TYPE OF PLAN
Residential, single - family
Residential, multi - family /multi -story
Commercial, single -story and tenant improvements
Commercial, multi -story
Very complex projects (i.e., high -rise buildings)
WORKING DAYS
INITIAL CHECK RECHECK
10 5
10 5
10 5
14 5
(As agreed by the CITY
and CONSULTANT)
Professional Service Agreement
VanDorpe Chou Associates
Page - 11
EXHIBIT B - COMPENSATION
1. COMPREHENSIVE BUILDING PLAN REVIEW
For individual building plans:
75 percent of the plan check fee in accordance with the current fee schedule adopted by City
Council. This is a comprehensive plan review including compliance to energy standards and
t accessibility requirements.
For repetitive plan:
15 percent of the plan check fee charged for the first building type.
2. PARTIAL PLAN CHECK AND /OR OTHER WORK
Any work not included in the basic services listed above will be performed at a rate in accordance
with the following fee schedule.
PERSONNEL
Hourly Rate
Dan Van Dorpe, PE, Principal ........ ............................... S125.00
Robert Chou, SE .................. ............................... $125.00
Tom Van Dorpe,SE ............................................... $125.00
Neil Evans, PE, Project Manager.. . .................................. $110.00
Peter Knowlton, PE ................ ............................... $ 90.00
Dorothy Leever,PE ............... ............................... $ 90.00
Shahla Soltani, PE ................. ............................... $ 90.00
Ken Tob,PE ..................... ............................... $ 90.00
HueLuu ... ..... .............. ................................... $ 80.00
3. BILLING
Invoices will be sent at the end of each month or other date set by the City. Each invoice will
indicate the job address, plan check number, valuation, plan check fee in accordance with the
City's fee schedule and the fee due to VanDorpe Chou Associates.
AC ,4�4°D„ CERTIFICATE OF LIABILITY INSURANCE a ;;Z,"2°'
PRODUCER (949)263 -0606 FAX (949)263 -0906
Complete Insurance•' Inc.
California DOI 00437762
1500 Quail St., Suite 410
port Beach, CA 92660
THISCERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE
INSURED Vandorpe Chou Associates, Inc.
29S North Rampart Street, Suite A
Orange, CA 92868
INSURER A: Lumbermens Mutual Casualty Co.
INSURER e: American Manufacturers Mutual
INSURER C: American Motorists Ins. Co.
MSURER0 (c /o Kemper NSA)
INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
ILTp
TYPE OF INSURANCE
POLICY NUMBER
7E MD
AT BU
LIMITS
A
GENERAL LIABILITY
X COMMERCIAL GENERAL LIABILITY
CLAIMSMADE E) OCCUR
8080863800
07/01/2002
07/01/2003
EACH OCCURRENCE
S 11000,000
FIRE DAMAGE (Any one fee)
S 500.000
MED EXP(Any we parson)
s 10.000
PERSONALaADVMJURY
f 1,000 000
GENERAL AGGREGATE
S 2,000,000
GENL AGGREGATE LIMIT APPLIES PER,
POLICY JECT M LOC
PRODUCTS - COMPIOP AGO
$ 21000,000
B
AUTOMOBILE
LIABILITY
ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
MIRED AUTOS
NoN.owNEDAUros
7HQ33351804
07/01/2002
07/01/2003
COMBINED SINGLE LIMIT
(Ea acoeem)
f 1.000,000
X
BODILY INJURY
Ipw pal's)
$
%
BODILY INJURY
(Pro acaieem)
f
X
PROPERTY DAMAGE
(Per aweenl)
f
GARAGE LIABILITY
ANY AUTO
AUTO ONLY - EA ACCIDENT
S
OTHER THAN EA ACC
AUTO ONLY. AGO
$
$
A
EXCESS LIABILITY
X OCCUR ❑ CLAIMS MADE
DEDUCTIBLE
RETENTION f
7RO80863900
07/01/2002
07/01/2003
EACH OCCURRENCE
f 11000.000
AGGREGATE
f 1.000.000
f
f
4
C
wOaNERS COMPENSATION AND
EMPLOYERS'UABILITY
CW33351903
07/01/2002
07/01/2003
STAT
X I TORY LIMBS ER
E.L EACH ACCIDENT
f 1,000.000
E.L. DISEASE - EA EMPLOYEE
f 1,000,000
E.L. DISEASE - POLICY LIMIT
f 11000.000
OTHER
DESCRIPTION OF OPERATIONSRACARONSNENICLE &EXCLUSIONS ADDED BY ENDORSENENTISPECIAL PROVISIONS
ertificate holder is additional insured as respects general liability but only if required by written
ontract with the named insured prior to an occurence and as per coverage form SP7434. Coverage subject
to all policy terms and conditions.
City of Newport Beach
3300 Newport Blvd.
Newport Beach. CA 92660
SHOULD ANY OF THE ABOVE DESCRIBED
BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILLSBDEXIII)S OD MAIL
30 DAYS WRITTEN NOTICE TOME CERTIFICATE HOLDER NAMED TO THE LEFT.
1{E 0101.Y1fBfTONM X9( OCM X
ARCHITECTS AND ENGINEERS PROGRAM ENDORSEMENT
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
INSURED: VanDorpe Chou Associates, Inc. Lumbermen Mutual
POLICY NUMBER: 7RDS0863800 Casualty Company
POLICY PERIOD: 07/01/02 to 07/01/03
ADDITIONAL INSURED: City of Newport Beach
This endorsement modifies insurance provided under the following:
BUSINESSOWNERS POLICY C. Waiver of Subrogation:
A. Additional Insured:
The following is added to the Businessowners
Liability Coverage Form, BP 71 08;
Item 5. Of Section C. — WHO IS AN INSURED,
is deleted and replaced by the following:
5. Additional Insureds— By Contract,
Agreement Or Permit
Any person or organization to whom or to
which you are obligated by virture of a written
contract, agreement or permit to provide such
insurance as affored by this policy is an
insured, but only with respect to liability
arising out of:
a. "Your work" for that insured by you;
b. Permits issued by state or political
subdivisions for operations performed by
you; or
c. Premises you own, rent, occupy or use.
This provision does not apply unless the
written contract or agreement has been
executed, or the permit has been issued, prior
to the "bodily injury,' "property damage,"
"personal injury" or "advertising injury."
B. Primary Coverage:
With respect to claims arising out of the
operations of the Named Insured, such insurance
as afforded by this policy is primary and is not
additional to or contributing with any other
insurance carried by or for the benefit of the
above Additional Insureds.
Paragraph 2., of the TRANSFER OF RIGHTS
OF RECOVERY AGAINST OTHERS TO US
condition, of the Businessowners Common Policy
Conditions, BP 71 10, is deleted and replaced by
the following:
2. Applicable to Businessowners Liability
Coverage:
a. If the insured has rights to recover all or
part of any payment we have made under
this policy, those rights are transferred to
us. This insurance shall not be
invalidated should the Named Insured
waive in writing, prior to a loss, any or
all rights of recovery against any party
for a loss occurring. However, the
insured must do nothing after a loss to
impair these rights. At our request, the
insured will bring "suit" or transfer those
rights to us and help us enforce them.
This condition does not apply to Medical
Expenses Coverage.
b. After a loss you may waive your rights
against another party in writing, only if,
at the time of the loss, that party is one
of the following:
A business firm:
1) Owned or controlled by you; or
2) That owns or controls you.
Countersigned by Authorized Representative
BP 7434 (Ed. 07 99) Abbreviated Printed in U.S.A.
A:C401'D„ CERTIFICATE OF LIABILITY INSURANCE o ; 2/ 002
PRODUCER (949)263- 0606, FAX (949)263 -0906
Complete Insurance, Inc.
California 001 #0437762
I'D Guail St., Suite 410
,ort Beach, CA 92660
THIS CERTIFICATE IS ISSUED ASA MATTER OFINFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE
INSURED Vandorpe Chou Associates, Inc.
29S North Rampart Street, Suite A
Orange, CA 92866
WSURERA Greenwich Insurance Company
INSURER e: (c /o ECS Underwriting, Inc. /XL)
INSURER C:
INSURER D:
INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW RAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS,
IL7R
TYPE OF INSURANCE
POLICY HUMBER
M
MMlDDM'N
LIMITS
GENERAL LIABILITY
COMMERCIAL GENERAL LIABILITY
CLAIMS MADE Q OCCUR
EACH OCCURRENCE
S
FIRE DAMAGE (Any en* fie)
S
MED EXP (Arty one person)
$
PERSONAL a ADV INJURY
S
GENERAL AGGREGATE
S
GEN'L AGGREGATE LUUT APPLIES PER.
POLICY PRO
JECT LOC
PRODUCTS - COMPIOP AGG
S
AUTOMOBILE
LIABILITY
ANY AUTO
ALL OWNED AUTOS
SCHEDULEDAUTOS
HIRED AUTOS
NON -OWNEO AUTOS
COMBINED SINGLE LIMIT
(Ea =them)
S
BODILY INJURY
(Per person)
S
BODILY INJURY
(Per accidem)
S
PROPERTY DAMAGE
(Per acodwt)
S
GARAGE
LIABILITY
ANY AUTO
AUTO ONLY - EA ACCIDENT
S
OTHER THAN FAACC
AUTO ONLY AGG
$
S
EXCESS LIABILITY
OCCUR ❑ CLAIMS MADE
DEDUCTIBLE
RETENTION S
EACH OCCURRENCE
S
AGGREGATE
s
S
$
$
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
TORY LIMITS ER
E. L. EACH ACCIDENT
S
EL DISEASE. EA EMPLOYEE
S
E L DISEASE - POLICY LIMIT
S
A
OTHER
rofeSSional Liability
RECO012129
07/01/2002
07/01/2003
$2,000,000 Per Claim
52,000,000 Aggregate
DESCRIPTION OF OPERATION SILOCATIONSIVEMCLESIEXCLUSIONS ADDED BY ENOORSEMENTISPECIAL PROVISIONS '
0 day notice Endt. ENSVSE16S included - 10 day notice applies to non - payment
b IMMC I Ir IVA I C mULUCN 1 I ADDITIONAL INSURED- INSURER LETTER %,AN,r CLLJa I NUN
City of Newport Beach
3300 Newport Blvd.
Newport Beach, CA 92660
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF,
TO MAIL
30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
BUT FAILURE To MAR SUCH HOME SMALL IMPOSE NO OBLIGATION OR LIABILITY
I•
ENDORSEMENT # 1
This endorsement, effective 12:01 .a:m., July 1, 2002 forms a part of
Policy No. PEC0012128 Issued to VanDorpe Chou Associates, Inc.
by Greenwich Insurance Company
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
EXTENSION OF NOTICE OF CANCELLATION PERIOD
This endorsement modifies insurance provided under the following:
CONSULTANT'S ENVIRONMENTAL LIABILITY POLICY
PROFESSIONAL AND POLLUTION LIABILITY POLICY
In consideration of the indicated adjustment of premium, the NAMED INSURED and the Company agree
to the following Policy change(s):
Premium (increase /reduction): N/A
A 30 day notice of cancellation will be provided to:
City of Newport Beach
3300 Newport Blvd.
Newport Beach CA 92660
The Notice of Cancellation period above stated shall not be less than the statutorily required period for
Cancellation as provided for by law in the State in which this policy is issued to the aforementioned
NAMED INSURED.
All other terms and conditions remain the same.
(Authorized Represe tive)
ENSVSE165 (7199)