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HomeMy WebLinkAbout20A - AA - PLAN CHECK SRVSREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 6, 2011 TITLE: AGREEMENTS FOR PLAN CHECK SERVICES WITH SCOTT FAZEKAS & ASSOCIATES AND CENTURY STRUCTURAL ENGINEERING CO., INC. AND APPROPRIATION ADJUSTMENT CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ? As Recommended ? As Amended ? Ordinance on 151 Reading ? Ordinance on 2nd Reading ? Implementing Resolution ? Set Public Hearing For_ CONTINUED TO FILE NUMBER 1. Authorize the City Manager and the Clerk of the Council to execute the attached agreements with Scott Fazekas & Associates, Inc. and Century Structural Engineering Co., Inc. for plan check services in an aggregate amount not to exceed $300,000, subject to non-substantive changes approved by the City Manager and City Attorney. 2. Approve appropriation adjustments recognizing aggregate total amounts not to exceed 300,000 in the 2011-2012 FY revenue account for building plan check (account no. 01116002-53600) and appropriating various amounts not to exceed $300,000 to the Planning and Building Agency 2011-2012 FY budget allocation in the account for contractual services (account no. 01116520-62300) for payments to the consultants contracted to complete building plan check of various projects. DISCUSSION For many years the Building Division achieved a goal of a three week or less turnaround time for plan checks. This goal was attained for over 90 percent of plan check submissions. This was in part the result of streamlining internal processes, incorporating a contract plan checker at the public counter, and outsourcing plan checking services during especially high volume months. Beginning in 2009, budget constraints resulted in the reduction of in-house plan check staff as well as the cancelling of contracts for both a contract plan checker and outsourced plan check services. While these reductions negatively impacted plan check turnaround times, the impact was lessened by a concurrent reduction in plan check submittals due to the economic downturn. Although building activity remains below the five year average, Planning and Building Agency statistics indicate a slow but steady upward trend in plan check submittals over the past 12 months with several large residential and commercial projects received, or projected to be received in the current fiscal year. 20A-1 Plan Check Agreements and Appropriation Adjustment September 6, 2011 Page 2 In response to the increase in plan check submittals the Building Division reinstituted outsourcing plan checks in December 2010 to improve plan check turnaround times as well as provide greater flexibility for applicants wishing to take advantage of expedited plan check. The use of outsourced plan check services over the past eight months resulted in a six percent improvement in the number of plan checks meeting the three week turnaround time. As a result of the increased use of outsourced plan checks, contracts with two of the plan check firms that the Planning and Building Agency utilizes are nearly expended. These contracts must be renewed in order to continue to meet the plan check turnaround time goal of three weeks as well as to continue to offer expedited plan check services. The Building Division has contracted with Scott Fazekas & Associates since 2005 and Century Structural Engineering Co., Inc. since 2010 for plan check services. Both firms have met the City's requirements for availability of qualified engineering staff, turnaround time, locale, and fees. The two firms will offer both full and structural only plan check services at a rate of 35 percent of the plan check fee calculated by the City and will process any required plan revisions and deferred submittals at an hourly rate of $85. Expedited plan check fees will be paid entirely by the applicant. FISCAL IMPACT The additional plan check fees paid to the City will fund the entire cost for the consultants. These amounts will be recognized in the revenue account for building plan check (account no. 01116002-53600) and a like amount appropriated to the Planning and Building Agency account for contractual services (account no. 01116520-62300), not to exceed a total amount of $300,000. APPROVED AS TO FUNDS AND ACCOUNTS: J y . T v no Executive Director Planning and Building Agency MF:rb MF/RFCA - Expedited Plan Check Services - SFA and Century Exhibit 1: Agreements Francisco Gutierrez Executive Director Finance and Management Services 20A-2 CONSULTANT AGREEMENT THIS AGREEMENT made and entered into this _ day of , 2011 by and between SCOTT FAZEKAS & ASSOCIATES, INC., a California corporation (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"). RECITALS 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 structural plan check services on request of the Executive Director of the Planning and Building Agency, as set forth in Exhibit A, attached hereto and incorporated herein by this reference. 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. 20A-3 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the cumulative rates and charges identified in Exhibit A. The total sum to be expended under this Agreement shall not exceed $150,000.00 during the term of this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. 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 upon the completion of the Scope of Services or depletion of the maximum contract amount as stated in Section 3 above, unless terminated earlier in accordance with provisions, below. The term of this Agreement may be extended upon a writing executed by the City Manager and the City Attorney. 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. 20A-4 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 affect 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. 20A-5 Confidential information disclosed to either party by any subsidiary and/or agent of the other 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 20A-6 To Consultant: Scott Fazekas & Associates, Inc. 9 Corporate Park, Suite 200 Irvine, California 92606 telefacsimile (949) 475-2560 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 either Consultant or 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 20A-7 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. 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. 20A-8 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: JOSEPH A. STRAKA Interim City Attorney By: Ryan O. Hodge Assistant City Attorney CITY OF SANTA ANA PAUL M. WALTERS Interim City Manager SCOTT FAZEKAS & ASSOCIATES, INC. SCOTTFAZEKAS President Tax ID# 20A-9 EXHIBIT A SCOPE OF SERVICES General Description Building Safety Division of the 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 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. Review the plans for compliance with California state-mandated regulations for energy conservation, disabled access and City Adopted Ordinances. 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 A01 or AE. 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. 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. 20A-10 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 35% of the City of Santa Ana Plan Check Fee. 20A-11 20A-12 CONSULTANT AGREEMENT THIS AGREEMENT made and entered into this _ day of , 2011 by and between CENTURY STRUCTURAL ENGINEERING CO., INC., a California corporation (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"). RECITALS 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 structural plan check services on request of the Executive Director of the Planning and Building Agency, as set forth in Exhibit A, attached hereto and incorporated herein by this reference. 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. 20A-13 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the cumulative rates and charges identified in Exhibit A. The total sum to be expended under this Agreement shall not exceed $150,000.00 during the term of this Agreement, b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. 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 upon the completion of the Scope of Services or depletion of the maximum contract amount as stated in Section 3 above, unless terminated earlier in accordance with provisions, below. The term of this Agreement may be extended upon a writing executed by the City Manager and the City Attorney. 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. 20A-14 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 affect 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. 20A-15 Confidential information disclosed to either party by any subsidiary and/or agent of the other 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 20A-16 To Consultant: Century Structural Engineering Co., Inc. Ed Chung, Principal 24719 Narbonne Avenue Lomita, California 90717 telefacsimile (310) 539-7678 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 either Consultant or 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: 20A-17 a, Asa 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. 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. 20A-18 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST; MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: JOSEPH A. STRAKA Interim City Attorney By: Ryan O. Hodge Assistant City Attorney CITY OF SANTA ANA PAUL M. WALTERS Interim City Manager CENTURYSTRUCTURAL ENGINEERING CO., INC. ED CHUNG Principal Tax ID# 20A-19 EHIBIT A SCOPE OF SERVICES (Attached) 20A-20 Century Structural Engineering Co., Inc Proposal for City of Santa Ana Plan Check Consulting Services Feb. 2011 20A-21 CENTURY STRUCTURAL ENGINEERING CO., INC. (CSE) 24719 Narbonne Ave., Lomita, CA 90717 Tel: (310) 325-0883, Fax: (310) 529-7678 Email: centuryse@sbcglobal.net Mr. Fred Heidari Deputy Building Official Planning & Building Agency, Dept. M-19 City of Santa Ana P.Q. Box 1988 Santa Ana, CA 92702 Dear Mr. Heidari, Century Structural Engineering Co., Inc. (CSE) is very interested in providing the Plan Review Service to the City of Santa Ana. CSE and its predecessor, Century Engineering Co., have served the building and construction industry since 1973. CSE is a minority owned small business and is selected by Los Angeles Unified School District (LAUSD) to provide services. CSE would like to be considered in the selection of providing Plan Check Review Service for the City of Santa Ana. CSE has performed Structural Design, Building Code Analysis and Plan Review Services for all type of projects. With more than thirty years of experience, we definitely have thorough understanding and knowledge of California Building Codes and Structural Design, And with the new principal Ed Chung came on the board who had just finished twenty two year's service to City of Santa Ana, we believe; we will provide the excellent Plan Check Review Service to the City. Our firm has Registered Structural Engineers, Licensed Architect and a Certified Accessibility Specialist on staff to meet whatever City's need for Plan Check Review Process; we also will assign Ed Chung to be the "CSE" contact person for City of Santa Ana for whatever City's need. i appreciate the opportunity to present to you the experience and qualifications of my firm and look forward to hearing from you soon. Sincerely, C fury Structural En. 'veering Co., Inc. Ed Chung, S.E.,CAS . Principal Engineer 20A-22 CENTURY STRUCTURAL ENGINEERING CO., INC. (CSE) 24719 Narbonne Ave., Lomita, CA 90717 Tel: (310) 325-0883, Fax: (310) 529-7678 Email: centuryse@sbcglobal.net Fee Setiedules Building Plan Review Fees: Fees for comprehensive Plan reviews, performed at the Century Structural Engineering office, will be equal to: 35% of the plan check fee as calculated per City of Santa Ana Additional Plan review for miscellaneous permit per hourly fee as determined by charged at s item (revision, shop drawing review, and City of Santa Ana fee resolution) will be Hourly rate of $ 85.00 per hour 20A-23 CENTURY STRUCTURAL ENGINEERING CO., INC. (CSE) 24719 Narbonne Ave., Lomita, CA 90717 Tel: (310) 325-0883, Fax: (310) 529-7678 Email: centuryse@sbcglobal.net FIRM QUALIFICATIONS Century Structural Engineering Co., Inc. (CSE) and its predecessor, Century Engineering Co., have served the building and construction industry since 1973. With thirty seven years of experience in Engineering Design, Code Analysis, Plan Review service, CSE has developed a thorough understanding of Building Design and code Applications. CSE has performed structural design as well as plan review services on a wide array of projects, ranging from Code analysis, feasibility study, and new Building design to rehabilitation and repair of existing buildings, outdoor bleachers and athletic facilities and swimming pools. CSE has been responsible for the Reviewing and design of numerous projects for schools, colleges, and universities as well as commercial and residential buildings in the State of California. CSE's work force consists of eight (8) staff including three (3) California registered structural engineers. CSE is involved with the preparation of structural inspection report and expert opinions. List of sample projects will be provided upon request. CSE has been selected by Los Angeles Unified School District as one of most qualified firms to provide engineering services to LAUSD since 2001. CSE is certified as a Small Business Enterprise (SBE) CSE had inspected and prepared Northridge earthquake damage assessment reports for more than one hundred damaged county structures. CSE focuses on customer service and project delivery. Each project is carefully considered and scheduled to ensure timely delivery. CSE carries $1,000,000.00 professional liability insurance, liability, workers compensation and $ 2,000,000.00 general liability insurance. Ed Chung will be the contact person for the city of Santa Ana. His resume and copy of licenses and certifications are attached, 20A-24 CENTURY STRUCTURAL. ENGINEERING CO., INC. (CSE) 24719 Narbonne Ave., Lomita, CA 90717 Tel: (310) 325-0883, Fax: (310) 529-7678 Email: centuryse@sbcglobai,net ROSTER OF STAFF GARY CHANG Principal, Registered C.E., S.E. in California Certificate No, S 1519 ED S. CHANG Principal, Registered C.E,, S.E. in California Certificate No. S3361, I.C.C. Certified Plan Examiner Certified Accessibility Specialist, CASp. FRANK WU Registered C.E., S.E. in California Certificate No. 52025 NORMAN CHAO Licensed Architect in California License C7453 ANGELA HARN Office manager/secretary NOEL CUISON Draftsperson PATRICK SOUZA Draftsperson BETTY CHANG Finance/Accountant CSE carries the general liability insurance, automobile liability, workers compensation, and professional liability coverage. The limit of liability: $1,000,000.00 per claim $1,000,000.00 aggregate The general liability insurance including automobile liability coverage: $1,000,000.00 per occurrence $2,000,000.00 general aggregate 20A-25 CENTURY STRUCTURAL ENGINEERING CO., INC. (CSE) 24719 Narbonne Ave., Lomita, CA 90717 Tel: (310) 325-0883, Fax: (310) 539-7678 Email: centuryse@sbcglobal.net SAMPLE PROJECTS Plan Review Proiect - Bowers Museum, Children's Museum - City Yard, Service and Storage Facility - State Fund Building and Parking Structure - County of Orange: Twin Tower and Parking Structure - Santa Ana Fire Station #1, #4, and #5 Renovation - Rosita Park, Del-Hi Community Center, El Salvador Senior Center, and a variety of zoo projects. - Nexus Twin Tower - American Title Company Data Center - Base Isolation - County of Orange District Attorney: Tenant Improvement - City of Santa Ana Rose Annex Development Center Santa Clara Private School Classroom Addition, Mater De Locker Room and Restroom Addition. Structural Engineering Peer Review - Rancho Los Amigos Medical Center in Downey, CA. - City of Hope National Medical Center Central Energy Plant in City of Hope, CA. Scripps Memorial Hospital in La Jolla, CA. School and Municipal Projects: - St. John Bosco High School Auditorium in Bellflower, CA. - Olive Vista Middle School Library Addition Sylmar, CA. - Huntington Park municipal building, Huntington Park, CA. Commercial Projects, Jolly Roger Inn Hotel in Anaheim CA. Westwind Sports Center in Ontario CA. Homeland Cultural Center Theater in Long Beach, CA. Residential Projects: Numerous custom houses (Laguna Beach, Tustin Hills, Villa Park, Anaheim I4it1s, Trabuco Canyon, Palos Verdes Estates, Rancho P.V. Woodland Hills etc.) - Numerous apartment complexes (Westwood, Van Nuys, Santa Ana etc.) - Numerous tract houses (Woodland Hills, Rancho Palos Verdes etc.) Page 1 of 2 20A-26 CENTURY STRUCTURAL ENGINEERING CO., INC. (CSE) 24719 Narbonne Ave., Lomita, CA 90717 Tel: (310) 325-0883, Fax: (310) 539-7678 Email: centuryse@sbcglobal.net Fartauake Seismic Retrofit Proieets: Tilt-up Concrete Wall Buildings: - Concrete tilt-up walls Administration Building & Warehouse in Los Angeles CA. - Industrial Building tilt-up wall Rancho Dominquez CA. - Enterprise Rent-A-Car Headquarter Building Concrete tilt-up walls Carson CA. Un-reinforced Brick Buildings Don Hotel, Wilmington CA Un-reinforced Brick Buildings Office Building, Ei Segundo CA. Un-reinforced Brick Buildings Copley News Paper, San Pedro CA. Bleachers Projects: South Gate High School-Outdoor bleacher & renovation/repair for home bleachers on top of concrete service building & visitor bleachers on grade, South Gate CA. Chaparral High School-New outdoor bleachers (Horne & visitor) Temecula CA. UC Santa Barbara-New outdoor bleachers Miscellaneous Proiects: - School Lunch Shelter, Handball Walls, Rock Climbing Walls, Marquees, Swimming Pools, Fire Damage Repair Work etc. Limch Shelter: - Cleveland Grover High School Repair, Reseda CA. - LA Center for Enriched Studies West Arcade, Los Angeles CA. Fire Damaged Repair: - 1900-19004 Garden Grove Blvd. Industrial Building, Garden Grove CA. - Garfield High School Auditorium & Class Room Building, Los Angeles CA. - Paramount Citrus Warehouse, MacFarland CA. - Industrial Warehouse Building, Van Nuys CA. Miscellaneous Repair: - Canoga Park Secondary School - Prototype Wood Handball Walls, Canoga Park CA. Patrick Henry Middle School - Rock Climbing Wall, Granada CA. George Ellery Middle School - Concrete Handball Wall, Woodland Hills CA. Mt. Vernon Middle School - Marquee, Los Angeles CA. South Gate High School - Bleacher Renovation, South Gate CA. Parkview School - Athletic Equipments, Lancaster C Projects are too numerous to be listed, information on other projects will be furnished upon request. Page 2 of 2 20A-27 ED S. CHUNG, S.E., CASp. 24719 Narbonne Ave., Lomita, CA 90717 SUMMARY In-depth knowledge of City, related municipal, State, and Federal Codes and Laws. • Diverse technical background in all aspects of building design and construction. • Dedicated to achieving 100% customer satisfaction while promoting Total Quality Service to customers. • Thorough knowledge of Federal, State Accessibility Codes & Regulations. EXPERIENCE 01/11-present CENTURY STRUCTURAL ENGINEERING CO., INC. Principal Engineer Provide, Building Code Consultation, Plan Review, Building Code Analysis, Feasibility Study & Structural Engineering, Accessibility Specialist Inspection Service for all types of the project. 04/88-12/10 CITE' OF SANTA ANA Senior Playa Check Engineer Supervised Plan-Check Section to handle wide variety of projects; serve as a code consultant to architects, engineers, developers, and homeowners. Prudently enforce construction and occupancy law, promote an attractive environment for development, and ensure that Santa Ana is a thoughtfully planned, safely-built, and well maintained community. Position requires thorough familiarity with every aspect of highly complex projects, including life and safety, accessibility requirements, energy regulations, and all building components. 11/87-4/88 JOHN A. MARTIN ASSOCIATES, Newport Beach Project Engineer Prepared structural calculations and construction plans for Schools & Hospitals. Coordinated with architects and builders, including preliminary design, specification writing, and cost estimating, 20A-28 ED S. CHU'.IVG, S.E., CA Sp. 5/85-11/87 DOHUBE STRUCTURAL ENGINEERS Tustin, CA Project Engineer Performed structural calculations and designed plans for many varied types of buildings for city submittal. Supervised in-house designer and engineer to ensure projects were completed on time and within budget. Prepared field observation, field revision, and project reports during construction. 9/82-5/85 CENTURY ENGINEERING CO. Torrance, CA Civil Engineer / Field Inspection As Structural Designer and Project Superintendent, designed and constructed development projects, prepared structural plans and calculations for a variety of building designs. Managed contractors and subcontractors for all faces of projects. 7/79-8/80 XCAM1 CONSTRUCTION, INC. Project Superintendent Supervised construction of an 82-unit two-story Country Club/Resort. Works included feasibility study, proposal evaluation, budget estimate, bidding, scheduling, layouts, surveys and supervision of all stages. CERTIFICATES Registered California Professional Engineer Registered California Structural Engineer Certified Accessibility Specialty ICC Certified Plan Examiner EDUCATION M.S., Civil Engineering - University of Texas at Arlington B.S., Civil Engineering - Fong- Chia University MEMBERSHIPS Member, of Structural Engineer Association of Southern California Founding Member of Certified Access Specialist (CAST) State of California Governor's Office of Emergency Services - Safety Assessment Engineer 20A-29 20A-30