HomeMy WebLinkAboutTYLER, ROBERT J. 3-2006
A-2006-204
INSURANCE ON FILE
WORK MAY PROCiICl
UNTIL INSURANCE E\ ,J!RES
9~ ~9- 06 CONSULTANT AGREEMENT
CLERK OF COUNCIL
DATE: 9-S-OC, .
o:NS (z)Tonla~ h
THIS AGREEMENT made and entered into this t day of August, 2006 by and between
Robert J. Tyler, an individual (hereinafter "Consultant"), and the City of Santa Ana, a charter
city and municipal corporation organized and existing under the Constitution and laws of the
State of California (hereinafter "City").
RECIT ALS
A. The City desires to retain a consultant having special skill and knowledge in the field of
municipal plan check services.
B. Consultant represents that Consultant is able and willing to provide such services to the
City.
C. In undertaking the performance of this Agreement, Consultant represents that it is
knowledgeable in its field and that any services performed by Consultant under this
Agreement will be performed in compliance with such standards as may reasonably be
expected from a professional consulting firm in the field.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the
terms and conditions hereinafter set forth, the parties agree as follows:
1. SCOPE OF SERVICES
Consultant shall provide plan check services on request of the Executive Director of the
Planning and Building Agency, as set forth in Exhibit A, attached hereto.
Consultant shall deliver to City all work product resulting from the services provided.
Said work product shall be submitted in a hard copy and in a form compatible with City's
computer system, as agreed between the Executive Director and Consultant.
In regard to copyrightable material produced as a deliverable under this Agreement,
including but not limited to books, reports, plans, photographs, drawings and computer
programs, Consultant agrees and shall ensure that all of Consultant's affected officers,
employees, agents, contractors, and volunteer workers agree that (a) other such material may not
be copyrighted without prior review from the City, and (b) the authors of all such material,
whether copyrighted or not, award to the City, and to its officers, agents and employees acting
within the scope of their official duties, as a condition of payment to the Consultant, a royalty-
free, nonexclusive, irrevocable license throughout the world for governmental purposes to
disclose, publish, translate, reproduce, and use such materials.
"
2. COMPENSATION
a. City agrees to pay, and Consultant agrees to accept as total payment for its services,
seventy percent (70%) of the applicable plan check fee charged by City. The total sum to be
expended for Plan Check services by all Consultants during the term of this Agreement, shall not
exceed the $500,000.00 aggregate amount approved by City Council on August 7, 2006.
b. Payment by City shall be made within thirty (30) days following receipt of proper
invoice evidencing work performed, subject to City accounting procedures. Consultant may
charge fifty percent (50%) of the total fee upon submission of the initial plan check report and
the balance upon completion of Plan Check for the project. Payment need not be made for work
which fails to meet the standards of performance set forth in the Recitals which may reasonably
be expected by City.
3. TERM
This Agreement shall commence on the date first written above and terminate when
allocated funds have been expended, unless terminated earlier in accordance with Section 12,
below.
4. INDEPENDENT CONTRACTOR
Consultant shall, during the entire term of this Agreement, be construed to be an
independent contractor and not an employee of the City. This Agreement is not intended nor
shall it be construed to create an employer-employee relationship, a joint venture relationship, or
to allow the City to exercise discretion or control over the professional manner in which
Consultant performs the services which are the subject matter of this Agreement; however, the
services to be provided by Consultant shall be provided in a manner consistent with all
applicable standards and regulations governing such services. Consultant shall pay all salaries and
wages, employer's social security taxes, unemployment insurance and similar taxes relating to
employees and shall be responsible for all applicable withholding taxes.
5. INSURANCE
Prior to undertaking performance of work under this Agreement, Consultant shall
maintain and shall require its subcontractors, if any, to obtain and maintain insurance as
described below:
a. Worker's Compensation Insurance. In accordance with the provisions of Section 3300
of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against
liability for worker's compensation or to undertake self-insurance. Prior to commencing the
performance of the work under this Agreement, Consultant agrees to obtain and maintain any
employer's liability insurance with limits not less than $1,000,000 per accident.
b. Professional liability (errors and omissions) insurance, with a combined single limit of
not less than $1,000,000 per claim, subject to $1,000,000.00 aggregate.
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c. The following requirements apply to the insurance to be provided by Consultant
pursuant to this section:
(i) Consultant shall maintain all insurance required above in full force and
effect for the entire period covered by this Agreement.
(ii) Certificates of insurance shall be furnished to the City upon execution of
this Agreement and shall be approved in form by the City Attorney.
(iii) Certificates and policies shall state that the policies shall not be canceled
or reduced in coverage or changed in any other material aspect without
thirty (30) days prior written notice to the City.
d. If Consultant fails or refuses to produce or maintain the insurance required by this
section or fails or refuses to furnish the City with required proof that insurance has been procured
and is in force and paid for, the City shall have the right, at the City's election, to forthwith
terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its
time and materials expended prior to notification of termination. Consultant waives the right to
receive compensation and agrees to indemnify the City for any work performed prior to approval
of insurance by the City.
6. INDEMNIFICATION
Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents,
employees, consultants, special counsel, and representatives from liability for personal injury,
damages, just compensation, restitution, judicial or equitable relief arising out of claims for
personal injury, including health, and claims for property damage, which may arise from the
direct or indirect negligent operations of the Consultant or its contractors, subcontractors, agents,
employees, or other persons acting on their behalf which relates to the services described in
section 1 of this Agreement. This indemnity and hold harmless agreement applies to all claims
for damages, just compensation, restitution, judicial or equitable relief suffered by reason of the
events referred to in this Section or by reason of the terms of, or effects, arising from this
Agreement. The Consultant further agrees to indemnify, hold harmless the City, regarding any
action by a third party challenging the validity of this Agreement, or asserting that personal
injury, damages, just compensation, restitution, judicial or equitable relief due to personal or
property rights arises by reason of the terms of, or effects arising from this Agreement. City may
make all reasonable decisions with respect to its representation in any legal proceeding.
7. CONFIDENTIALITY
If Consultant receives from the City information which due to the nature of such
information is reasonably understood to be confidential and/or proprietary, Consultant agrees
that it shall not use or disclose such information except in the performance of this Agreement,
and further agrees to exercise the same degree of care it uses to protect its own information of
like importance, but in no event less than reasonable care. "Confidential Information" shall
include all nonpublic information. Confidential information includes not only written
information, but also information transferred orally, visually, electronically, or by other means.
Confidential information disclosed to either party by any subsidiary and/or agent of the other
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party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure
shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is,
through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful
possession of the Consultant without an obligation of confidentiality; (d) is required to be
disclosed by operation of law; or (e) is independently developed by the Consultant without
reference to information disclosed by the City.
8. CONFLICT OF INTEREST CLAUSE
Consultant covenants that it presently has no interests and shall not have interests, direct
or indirect, which would conflict in any manner with performance of services specified under
this Agreement.
9. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this
Agreement shall be in writing and shall be deemed to be properly given if delivered in person or
mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other
telegraphic communication in the manner provided in this Section, to the following persons:
To City:
Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
telefacsimile (714) 647-6956
With courtesy copies to:
Executive Director of Planning and Building Agency
Building Safety Division
City of Santa Ana
20 Civic Center Plaza (M-19)
P.O. Box 1988
Santa Ana, California 92702
telefacsimile (714) 647-5897
and
City Attorney
City of Santa Ana
20 Civic Center Plaza (M-29)
P.O. Box 1988
Santa Ana, California 92702
telefacsimile (714) 647-6515
To Consultant:
Robert J. Tyler
2008 Centella PI.
Newport Beach, California 92660
4
telefacsimile (949) 642-4025
A party may change its address by giving notice in writing to the other party. If sent by
mail, communication shall be effective or deemed to have been given three (3) days after it has
been deposited in the United States mail, duly registered or certified, with postage prepaid, and
addressed as set forth above. If sent by telefacsimile, communication shall be effective or
deemed to have been given twenty-four (24) hours after the time set forth on the transmission
report issued by the transmitting facsimile machine, addressed as set forth above. For purposes
of calculating these time frames, weekends, federal, state, County or City holidays shall be
excluded.
10. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and
Consultant, and supersedes any and all other agreements, oral or written, between the parties. In
the event of a conflict between the terms of this Agreement and any attachments hereto, the
terms of this Agreement shall prevail. This Agreement may not be modified except by written
instrument signed by the City and by an authorized representative of Consultant. The parties
agree that any terms or conditions of any purchase order or other instrument that are inconsistent
with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant nor
the City. Each party to this Agreement acknowledges that no representations, inducements,
promises or agreements, orally or otherwise, have been made by any party, or anyone acting on
behalf of any party, which are not embodied herein.
11. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Consultant,
Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior
written consent of the City and any such assignment, transfer, delegation or subcontract without
the City's prior written consent shall be considered null and void. Nothing in this Agreement
shall be construed to limit the City's ability to have any of the services which are the subject to
this Agreement performed by City personnel or by other consultants retained by City.
12. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of
termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant
compensation for all services performed by Consultant prior to receipt of such notice of termination,
subject to the following conditions:
a. As a condition of such payment, the Executive Director may require Consultant to deliver
to the City all work product completed as of such date, and in such case such work product shall be
the property of the City unless prohibited by law, and Consultant consents to the City's use thereof
for such purposes as the City deems appropriate.
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b. Payment need not be made for work which fails to meet the standard of performance
specified in the Recitals of this Agreement.
13. DISCRIMINATION
Consultant shall not discriminate because of race, color, creed, religion, sex, marital
status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited
by applicable law, in the recruitment, selection, training, utilization, promotion, termination or
other employment related activities. Consultant affirms that it is an equal opportunity employer
and shall comply with all applicable federal, state and local laws and regulations.
14. JURISDICTION - VENUE
This Agreement has been executed and delivered in the State of California and the
validity, interpretation, performance, and enforcement of any of the clauses of this Agreement
shall be determined and governed by the laws of the State of California. Both parties further
agree that Orange County, California, shall be the venue for any action or proceeding that may
be brought or arise out of, in connection with or by reason of this Agreement.
15. PROFESSIONAL LICENSES
Consultant shall, throughout the term of this Agreement, maintain all necessary licenses,
permits, approvals, waivers, and exemptions necessary for the provision of the services
hereunder and required by the laws and regulations of the United States, the State of California,
the City of Santa Ana and all other governmental agencies. Consultant shall notify the City
immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals,
waivers, and exemptions. Said inability shall be cause for termination of this Agreement.
16. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature hereinbelow has the power,
authority and right to bind their respective parties to each of the terms of this Agreement, and shall
indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to
City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn.
b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set
forth in the body of this Agreement.
II
II
II
II
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year
first above written.
ATTEST:
CITY OF SANTA ANA
(l;;;~~
DAVIDN. REAM
City Manager
~c.>-
~A TRICIA E. HEALY
Clerk of tht: Council
APPROVED AS TO FORM:
JOSEPH W. FLETCHER
City Attorney
BY~~O~
La a Sheedy
Assistant City Attorney
CONSULTANT
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D,~ ~k_-
ROBERT J. rt
Owner
Tax ID# LC). l0 - '2.6 ' Co q '/ 4--
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EXHIBIT A
SCOPE OF SERVICES
General Description
Building Safety Division ofthe City of Santa Ana foresees submittal of several large projects in
the near future. Therefore, the City is seeking the services of professional consultants to support
the efforts of City staff in the area of plan checking.
Scope of Services
Consultant shall perform the following services for each assigned building plan review.
1. Detail review the mechanical, plumbing, electrical and building (architectural/structural)
plans. Review supporting documents for industrial, commercial, residential and public
buildings and determine compliance with applicable building standards as related to
existing and proposed buildings.
2. Review the plans for compliance with California state-mandated regulations for energy
conservation, disabled access and City Adopted Ordinances.
3. Review the plans for compliance with Federal Flood Plain regulations for projects in the
special flood hazard area designated on the flood insurance rate map (FIRM) as zone AO 1
orAE.
4. Recheck and approval of final plans and supporting documents to be provided without
additional charge for recheck.
5. Submittal of approved plans and all supporting documents to the City of Santa Ana.
6. Provide all necessary liaison with applicants via fax, phone, e-mail or in person to
expedite the review process and consult on complex code issues with City of Santa Ana
Building Official.
7. Plan review report to be customized for each project and be delivered via fax, mail or e-
mail to City and the applicant.
8. Structural portion of the plans to be reviewed by California Licensed Civil or Structural
Engineer.
9. Plan reviewer to be consistent, accurate, available and responsive to the City and the
applicant via phone, fax, e-mail and meetings. Also, the plan reviewer shall be available
to the Building Official and his staff to help answer Code questions arising from review.
8
Plan reviewer shall provide assistance in evaluation of alternate materials, design and
methods of construction proposed by applicant.
10. Plan reviewer shall be available, at no expense to the City of Santa Ana, to meet at the
City office with owners, architects, engineers and contractors to discuss the Plan Check
Issues.
11. Plan reviewer to verify that the job description, square footages, occupancy
classifications and type of construction, on the permit application agrees with the plans
and specifications. Plan reviewer will also verify the building valuation based upon
valuation costs used by the City of Santa Ana.
12. Initial Plan review to be complete within fifteen (15) working days and recheck within
five (5) working days.
13. Deferred submittals, trusses, stairs, curtain walls, etc. to be plan checked on an hourly
rate of $85.00/hour.
14. Consultant fee for review services to be 70% of the City of Santa Ana Plan Check Fee.
9
OCT-13-2005 16:44 From:TASMAN-INS-SVCS
I
949 276 5522
To:9496424025
P.1/1
'l'HS TI?NMS AND CONUrnONS
CONSIOF.R^ nON. PI.RASR RF:^O
REVlI!W 11m roUCY FORMS'
Ut'ON '11-11:: S"'ATl::M~NlS MAllJ;;
YOUR R,EQUEST AS FOLLOWS.
DATE ISSUED:
PRODUCER:
INSURED:
INSURER:
POLlCY NO.:
Q9X~8.~91;::
BINDER EFFECTIVE:
POLICY PERIOD:
CONFIRMATION OF COVERAGE
;J ~ J..oo 5 - 10;)...
N-'" ~OO b ... ~O .y
f THIS CONI'IKMATION Oil INSUKANf..'J:o; MAY NOT l:OMI'I"Y WITH THI! SI>i(ClIIlCA'l'IUNS SUIJMfI'I'110 (fOR
IS CONFlRM^TION CIIREFULl Y ANti COMPARE rr WITH ANY QUOTE AND SUBMISSION I)OCt)McN'IS ANU
11m ACTUAl. r.OVI\RACmS PkOVlnF.O.IN A('CORI)ANCr:. wrrH YOUR INSTRll("nON~. "NO IN RF.:U"NCF..
Y TH~ Ill::TAIL BIWKI:!llll'l nil! INSURI:!I)'S A1'I'UCA'nONISUBMlSSION. WE HAVE ODTAINIlD INSURANcn AT
Sep 30. 2005
Tasman Ins. & FinanCial Services
3 Sablewood Circle
Ladera Ranch CA 92694
Robert Tyler
2008 Centella PI
Nowport Beach CA 92660
CNA Insurance
MCA276195773
ProfeSSional Liebiltiy
912912005 TO
9/29/2005 TO 9{2912OO6
1 ~:Ol ,0,1'.4. s'r ANDAR() TIME AT HE; 1.0CATION AOORESS OF THl: NAMED INSURED. THIS INSURANCE BINDER WILL BE TERMINATED AND
SUPE SEDlED UPON DELIVEAY OF 1 HE FORMAL POI.lCV(leS) ISSUF.O TO REPLACE IT
LIMITS OF LIABILITY:
$' ,000,000
$' ,000,000
DEDUCTIBLE.:
PREMIUM AND FEES:
COJNSUAANCE;
TERMS / CONDITIONS:
Per Claim
Aggregete limit
$5,000
$2,7BO.00
Pe( Claim
APPROVED AS TO FORM
~~,
;/ Laura Stitt ~y
Assistant City Attorney
ENDORSEMENTS I N
~:
ONDITIONS APPLY PEA FOAM
CANC':El.l.ATION: THIS POUCY I SUl3JECT TO THE CANCELlATION PROVISIONS AS FOUNO IN THe POUCY(IES) OR CEA1"IFICATE(S)
CURRENTLY IN USE BY THE -U~ER. rHE' INSURANCE EFFECTED UllIDER THE INSURER'S BINDER CAN BE CANCELLED BY THE
INWAER (SUBJECT TO STATUT RY REGULATIONS) BY MAIUN . TO . I~ INSURED AT THE ADDRESS STATF.O ON THE FACE OF THIS
CONFIAMATION OF INSURANCE WRITTeN NOTICE STATING e UCH CANCI;LLATION SHALL BE EFFECTIVE. IN UU: EVENT OF
CANr.ElLATION BV THE INSUR 0, THE EARNEO FlFlEMIUM OU'8E SUBJECT TO THE MINIMUM PREMIUM IF APPUCAElLE. THIS
CONFIRMATION OF INSURANCE S ISSUED BASED UPON . _IN ER'S AGREEMENT TO BIND AND IS ISSUED BY THE UNDt:R8IGN~D
WITHOUT ANY LIABILITY WHArS L:.VeA AS AN INSURE
.
I
CONSENT CALENDAR
25.D. AGMTS - PURCHASE AGREEMENTS FOR BRISTOL STREET
CORRIDOR (PROJECT 06-1500)
· AGMT NO. 2006-196- With Clarence and Lisa Hughes for the
purchase of 314 S. Bristol Street in the amount of $620,000;
· AGMT NO. 2006-197 - With Alejandro Serrano for the purchase of
410 S. Bristol Street in the amount of $620,000;
· AGMT NO. 2006-198 - With Virginia MacKenzie and David
MacKenzie for the purchase of 414 S. Bristol Street in the amount
of $600,000;
· AGMT NO. 2006-199 - With Gerard and Mayra Leyva for the
purchase of 318 S. Bristol Street in the amount of $615,000;
· AGMT NO. 2006-200 - With Ruben Arellano for the purchase of
1243 W. Rich/and Avenue in the amount of $585,000;
· AGMT NO. 2006-201 - With Mary Schneider for the purchase of
306 S. Bristol Street in the amount of $620,000;
· AGMT NO. 2006-202 - With Manual Duarte for the purchase of
1246 Highland Avenue in the amount of $600,000
25.E. AGMT NO. 2006-203 - HVAC SYSTEM MAINTENANCE - With Johnson
Control for a one year period, with provision for two, one-year renewals in
the amount not to exceed $87,712 - Police Department
25.F. AGMTS - BUILDING PLAN CHECK SERVICES AND APPROPRIATION
ADJUSTMENTS
Motion: 1. Direct the City Attorney to prepare and authorize the City Manager
and Clerk of the Council to execute agreements.
AGMT NOS. 2006-204, 2006-205, 2006-206 AND 2006-207 - With
Robert Tyler; Scott Fazekas and Associates, Inc.; Tmad, Taylor &
Gaines; and NY A Consulting Structural Engineers in an aggregate total
amount not to exceed $500,000 - Planning & Building Agency
2. Approve appropriation adjustments. (Requires five affirmative
votes)
APPROPRIATION ADJUSTMENTS - Recognizing aggregate total
amounts not to exceed $500,000 in the 2006-2007 FY revenue
CITY COUNCIL MINUTES
257
AUGUST 7, 2006
PRESENTATIONS
Certificate of Recognition presented by COUNCILMEMBER BUSTAMANTE to John
and Linda Schulte for their great efforts in having Floral Park Neighborhood highlighted
on the "On the Road with Garth Kemp" segment
Certificate of Recognition presented by COUNCILMEMBER ALVAREZ to Target for
their generous donation to the City of Santa Ana Parks, Recreation and Community
Services Department and Police Department
Certificate of Recognition presented by COUNCILMEMBER ALVAREZ to Dayle
Mcintosh Center on the occasion of their 2nd Annual Walk and Roll event and the 16th
Anniversary of the Signing of the Americans with Disability Act (ADA)
CONSENT CALENDAR
Mayor Pro Tem Bist announced the following modifications to the Consent Calendar:
· Councilmember Solorio pulled Items 22.0. and 22. E. for separate discussion
· Mayor Pro Tem Bist pulled Item 23.B. for separate discussion
· Councilmember Alvarez pulled Item 22.0. voted no on Item 25.H. and
abstained on Items 13.0. and 13.E.
· Excuse Mayor Pulido from the August 7,2006 Council Meeting
· Addition of Closed Session Report, Item 19.A.
Motion: Approve staff recommendations on the following Consent Calendar
Items.
MOTION: Christy
SECOND: Garcia
VOTE:
AYES:
Alvarez, Bustamante, Bist, Christy, Garcia
Solorio (6)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: Pulido (1)
Items removed for separate action or modified are highlighted. Separate actions show
the actual vote. Items without votes are adopted as part of the consent motion.
ADMINISTRATIVE MATTERS
MINUTES
CITY COUNCIL MINUTES
249
AUGUST 7, 2006
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE;
CLER OF COUNCIL USE ONLY:
AUGUST 7, 2006
TITLE.
AGREEMENTS FOR BUILD~NG PLAN CHECK
SERVICES AND APPROPRIATION
ADJUSTMENTS
!l aAlt2--
( CITY MANAGER
VED
o As Recommended
o As Amended
o Ordinance on 1" Reading
o Ordinance on 2nd Reading
o Implementing Resolution
o Set Public Hearing For
CO NT NUED TO
FILE UMBER
A - ~OO, - /GO~
RECOMMENDED ACTION
..........-.....1
1. Direct the City Attorney to prepare and autho ize the City Manager and
Clerk of the Council to execute agreements ith Robert Tyler; Scott
Fazekas and Associates, Inc.; Tmad, Tayor & Gaines; and NYA
Consulting Structural Engineers in an aggre ate total amount not to
exceed $500,000.
2. Approve appropriation adjustments recognizin aggregate total amounts
not to exceed $500,000 in the 2006-2007 FY revenue account for
building plan check (account no. 011-01- 401) and appropriating
various amounts not to exceed $500,000 to t e Planning and Building
Agency 2006-2007 FY budget allocation in th account for contractual
services (account no. 11-508-6291) for pa ents to the consultants
contracted to complete building plan checks f various projects.
DISCUSSION
The City has experienced an upward trend in velopment over the last
several years which is expected to continue in he current fiscal year.
Six major projects, alone, are expected to begi development in the next
twelve months. Among these are: One Broadway laza, a 37 story office
building on Broadway Avenue; Steadfast Cordova, a three and four story
mixed use project at 1900 N. Main Street; tw Nexus projects, which
include one 23-story residential tower at MacAr hur Cinema site, and one
four-story, 350 unit residential project at M in Street and MacArthur
Boulevard; and the Promenade pointe project, wi h one eight-story tower
and a second 18-story tower of residential unit. These and other major
projects will put an enormous burden on the pIa check staff to provide
timely and accurate processing of plans.
In order to provide an acceptable service Ie el for these new maj or
projects, while still maintaining an acceptable evel of customer service
for all plan submittals, it is necessary to aug ent plan check staff as
25F-1
Plan Check Agreements and Appropriation Adjustmen s
August 7, 2006
Page 2
soon as possible. Since additional
required when these major projects achieve
recommended that the City utilize contracted p
on-call basis to address the peak workload deman
employees may not
final approval, it
an check services on
s more efficiently.
be
is
an
In October 2005, City Council approved a simila request for contracted
plan check services in a total aggregate amount not to exceed $900,000.
Because many of the projects that were expected to enter the plan check
process were not submitted in FY 2005-06, on y $20,000 was actually
allocated to the Planning and Building Agency b dget for this purpose in
FY 2005-06.
Of eight consulting firms that responded to the Request for a Proposal,
four consulting firms meet the City's requirem nts for availability of
qualified engineering staff, turn-around time, ocale, and fees. Two of
these recommended firms, Robert Tyler and Scott Fazekas and Associates,
Inc., will provide complete plan check services at a rate not to exceed
70% of the City's plan check fee charged to ea h project they receive.
The other two recommended firms, Tmad, Taylor & aines and NYA Consulting
Structural Engineers, will provide structura only plan checks on
selected projects at a rate not to exceed 40% f the City's plan check
fee charged to the project. All contracted irms will process any
required plan revisions and deferred submitta s at acceptable hourly
rates. All four firms have agreed to no other a d-on costs.
FISCAL IMPACT
Plan check fees paid to the City for each projec contracted out for full
plan check will fund the cost for the consulta ts at an amount not to
exceed 70% of the plan check fee paid to the Ci In cases where only
structural plan check is provided by a consulting firm, the fee will be an
amount not to exceed 40% of the total plan che k fee paid to the City.
These amounts will be recognized in the revenue count for building plan
check (account no. 011-01-5401) and a like amo nt appropriated to the
Planning and Building Agency account for contr ctual services (account
no. 11-508-6291), not to exceed a total amou t of $500,000. These
allocated amounts to the Planning and Buil ing Agency budget for
contracted plan check will include only fees not included in the FY 2006-
07 revenue projection for building plan check.
APPROVAL AS
FUNDS AND ACCOUNTS:
~
Jay)M. Trevino
Ex€cutive Director
Planning and Building Agency
SB:rb
sb\rfc,,"S\2006-07\Plan Check Services Aug-06
-
~(\('\\'(\~ \.~.... . ....
Francisco-Gutierrez
Executive Director
Finance & Mana ement
~::_.
Services Agen~
25F-2
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-1 /7/ J~
CHECKLIST FOR PROCESSING AGREEMENTS AND AMENDMENTS
TO:
CLERK OF THE COUNCIL/OFFICE
DEPT /ky ~ ;ffLf
CONTACT PERSON: ~Id W~
MAIL STOP: ZLJ
EXT.: ~ 7d '-1'
FROM:
THE FOllOWING ITEMS SHOULD BE PROVIDED IN REQUESTING PROCESSING OF AGREEMENTS FOR THE CITY:
AGREEMENT NUMBER (if amendment): A / N
AMENDMENT NUMBER (if applicable): , ) 0 1ST
COUNCIL APPROVAL DATE: r b/o 4t
r
AMOUNT: XOVER $10,000
NAME OF CONSULTANT:
o 2ND 0 3RD 0
TERM OF AGREEMENT: EFFECTIVE DATE:
o UNDER $10,000
TERMINATION DATE:
~
t',~~A
INSURANCE REQUIRED:
o NO
;.u; /{)A,~",,?
If yes, 0 ATTACH~t'!J 0 IN PROGRESS
~ES
o AUTO
o PROFESSIONAL LIABILITY
o CGL (Commercial General Liability)
o WORKERS COMPENSATION
(INS. APPROVAL REQUIRED BY CAO PRIOR TO SUBMITTING TO COTC)
SIGNATURES REQUIRED:
o VENDOR
o CITY ATTORNEY
o
p
AGENCY (UNDER $10,000)
OTHER ~ TC "-C/I;~
COMMENTS:
FOR CLERK OFFICE USE ONLY:
o
PROCESS
o
DO NOT PROCESS
o MISSING SIGNATURES
o NEEDS COUNCIL APPROVAL
o OTHER
ADDITIONAL REMARKS:
ACORD
'"
CERTIFICATE OF LIABILITY INSURANCE
PRODUCER
Tasman Insurance Services, LLC
3 Sablewood Circle
Ladera Ranch, CA 92694
(949)276-5515
DATE (MM/DDIYY)
10/04/06
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
I ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE NAIC #
CNA Insurance
I INSURER A:
INSURER B
i INSURER C,
INSURER 0:
INSURER E:
COVERAGES I INSURER F
THE POLICIES OF INSURANCE LISTED 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.
iINSR' ADO'L I .. - POLICY NUMBER I POLICY EFFECTIVE I POLICY EXPIRATION I
: LTR IINSRD: TYPE OF INSURANCE DATE (MM/DDIYY) DATE (MMIDDIYY)
! GENERAL LIABILITY
I' COMMERCIAL GENERAL LIABILITY
.1 I
I
I EXCESS LIABILITY
. I I OCCUR
I
II OEOUCTIBLE
I RETENTION
I' WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
I E I ANY PROPRIETOR I PARTNER I EXECUTIVE
I OFFICER I MEMBER EXCLUDED?
I If yes, describe under
I SPECIAL PROVISIONS below
! OTHER
I A I Professional Liability I MCA 27 619 57 73 09/29/06 09/29/07 Each Occ 1.000,000
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
I
INSURED
,)Oct
A- / :tD') lc>
Robert Tyler Code Consultant
2008 Centella PI
Newport Beach, CA 92660-3614
,
I
! CLAIMS MAOE I I OCCUR
B
I
I
I .
I
j' ;'''pC"" '"
..',) .'
.' . ~ c; 'I ( - ;~/.
~. ....-'.c, I
__-' ~ -j ,I "
!-/:::::'r \. '. ,,,Ii ;<.,~.
RECEIV:ErJljLjOi
NOV 0 8 20106
I!
.,
I
,
'C
I
i GARAGE LIABILITY
Ii' ANY AUTO
ID
CLAIMS MADE
SANTA ANA PLANNING DEPT
CERTIFICATE HOLDER
LIMITS
I EACH OCCURRENCE
DAMAGE TO RENTED
. PREMISES (Ea occurence)
I MED EXP (Anyone person)
PERSONAL & ADV INJU RY
I GENERAL AGGREGATE
, PRODUCTS - COM PlOP AGG
I
COMBINED SINGLE LIMIT
(Ea accident)
I BODILY INJURY
(Per person)
I BODILY INJURY
(Per accident)
I PROPERTY DAMAGE
(Per accident)
AUTO ONLY - EA ACCIDENT
I
, OTHER THAN EA ACC
, AUTO ONLY' AGG
I EACH OCCURRENCE
AGGREGATE
I
! i OTH-,
ER i
WC STATU-
I TORY LIMITS
, E.L. EACH ACCIDENT
I E L OISEASE - EA EMPLOYEE I
E.L. DISEASE - POLICY LIMIT
1,000,0001
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
I EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAil
15 DAYS WRlnEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO
I THE LEFT, B T FAILUR TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY
OF ANY KI N INSURER, ITS AGENTS OR REPRESENTATIVES.
I AUT RI 0 R ENTATIVE
City Of Santa Ana
20 Civic Center Place M-20 P.O. Box 1988
Santa Ana, CA 92702
ACORD 25 (2001/08)
ORATION 1988
WORKERS' COMPENSATION DECLARATION
I Qc0.-.L, oj. Ty~ hereby affinn under penalty of perjury, the
(Nametritle)
following declaration:
I certify on behalf of r.1,.p,m~ j. 1-<' ,,,,,,- that during the tenn of my
(Organization Name)
contract with the ?L~"Nl'''' l' hI'" ",,"" 4.-'''-j' City of Santa Ana, I will not
employ any person in any manner so as to become subject to the workers' compensation
laws of California, and agree that if I should become subject to the workers'
compensation provisions of Section 3700 of the Labor Code, I shall forthwith comply
with those provisions.
DATE:
, \ J'Ll'> Jel.,.
,.......
By: \ ~d't \ 0' \ -;r , ____
n C...-J -=-. ';
Name: Kt,p,~) r -.I, T"1~L-
Title: \/i.1.,^,,( \ P r....C
Telephone: C{ 0/1' 04-2. !t-tyzS-
WARNING: FAILURE TO SECURE WORKERS' COMPENSATION COVERAGE IS
UNLAWFUL, AND SHALL SUBJECT AN EMPLOYER TO CRIMINAL PENALTIES
AND CIVIL FINES UP TO ONE HUNDRED THOUSAND DOLLARS ($100,000). IN
ADDITION TO THE COST OF COMPENSATION, DAMAGES AS PROVIDED FOR
IN SECTION 3706 OF THE LABOR CODE, INTEREST, AND ATTORNEY'S FEES.