HomeMy WebLinkAboutC24230 SRA Engineering - Plan Review Services FY 2005/06CITY OF PALM DESERT
BUILDING & SAFETY DEPARTMENT
STAFF REPORT
REQUEST: Part -Time Plan Review Engineer Contract
SUBMITTED BY: Amir "Ali" Hamidzadeh, Director of Building and Safety
CONTRACTOR: SRA Engineering, Inc.
23151 Verdugo Dr., Suite 205
Laguna Hills, CA 92653
DATE:
August 25, 2005
CONTENTS: Notice of Inviting Sealed Bids
Request for Proposal — Plan Review Services
Agreement for Part -Time Plan Review Services
Recommendation:
By Minute Motion, Staff requests that the City Council award and
approve a professional services agreement to SRA Engineering, Inc.
(Contract No.c24230) for part-time, in house plan review services from
September 12, 2005 until June 30, 2006. Funds are available in
Account No. 110-4420-422.30-10, as set forth in the 2005/2006 budget.
Background:
The 2005/2006 fiscal year budget, for the Building and Safety Department, included a
professional services line item in order to finance this contract position.
Executive Summary:
The Building and Safety Department prepared and advertised a new Request for
Proposal for part-time in house plan review services. The sealed bids were received
from Bureau Veritas, RKA Engineering, Hassan Zarenejad, P.E. and SRA Engineering,
Inc. and were opened on Wednesday, May 18, 2005.
Based on an interview process, the candidates were evaluated based on area of
expertise, educational background, plan review experience and availability. SRA
Engineering, Inc. was selected and Mr. Saeed Amirazizi, S.E. will provide part time plan
review services within the Building and Safety Department offices. Mr. Amirazizi is a
California State Licensed Structural Engineer and will be available a minimum two (2)
days a week to provide a high level of professional expertise to staff, developers,
architects, engineers and residents. This position will support our high level of customer
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Staff Report
Part -Time Plan Review Contract
Page 2.
August 25, 2005
service during a period of increased development. It is the intention of the Building and
Safety Department to conduct 80% to 100% of plan review in house with this proposed
contract position, the future Deputy Building Official, and current Senior Plans
Examiner.
Therefore, it is staffs recommendation to approve and award the contract for part-time
plan review services to SRA Engineering, Inc. Funds are available in Account No. 110-
4420-422.30-10.
Submitted By:
Amir "Ali" Hamidz6deh
Director of Building & Safety
Approval:
David J. Erwin, City Attorney
Approval:
dl4l�
Paul Gibson, Director of Finance
Approval:
Carlos Ortega
City Manager
Reviewed and con
Homer Croy,`' s stant City Manager
for Develop Services
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NOTICE OF INVITING SEALED BIDS
FOR
PLAN REVIEW SERVICES
FOR
BUILDING & SAFETY DEPARTMENT
PUBLIC NOTICE IS HEREBY GIVEN that the City of Palm Desert will receive sealed
bids for: PART-TIME PLAN REVIEW SERVICES.
The City of Palm Desert is looking for a professional consultant that can provide part-
time plan review services for conformance to the model codes and State law of Title 24.
This individual must be a licensed architect or engineer in the State of California. The
services are on an as needed basis starting with two (2) days per week, eight (8) hours
per day. The on -site schedule may be flexible as determined by the Director of Building
and Safety.
The City of Palm Desert Building and Safety Department has selected a two-step
process for developing the contract for this service. Step I is a "Request for a
Statement of Qualifications and Information" as described in the Scope of Work. A
qualification panel will evaluate the company's qualifications and abilities. Selected
companies will be contacted for interviews. Step II Request for Bids will be provided to
all companies who qualify through the Step I process. Step II will be a Request for Bid
to show costs and hours for the total project.
Three (3) copies of completed, sealed proposals for Step I will be accepted at the City
Clerk's office, Palm Desert City Hall, 73510 Fred Waring Drive, Palm Desert, CA, until
2:00 P. M., Wednesday, May 18, 2005, at which time they will be opened and given to
the Building and Safety Department. A copy of the Invitation to Bid packet may be
obtained at the Building and Safety Department located at 73510 Fred Waring Drive,
Palm Desert, California.
Dated this 3rd day of May, 2005
RACHELLE D. KLASSEN, CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
City of Palm Desert
73510 Fred Waring Drive
Palm Desert, CA 92260
(760) 346-0611
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CITY OF PALM DESERT
BUILDING AND SAFETY DEPARTMENT
REQUEST FOR PROPOSAL — PART-TIME PLAN REVIEW SERVICES
INTRODUCTION
The City of Palm Desert is requesting written proposals for consideration in the area of
Building and Safety plan review. The City is looking for a professional consultant that
can provide part-time plan review services for conformance to the model codes and
State law of Title 24. This individual must be a licensed architect or engineer in the
State of California. The services are on an as needed basis starting with two (2) days
per week, eight (8) hours per day. The schedule may be flexible as determined by the
Director of Building and Safety. During the working hours this individual will be
stationed in the Department of Building and Safety.
SCOPE OF WORK
The plan review function assures that plan submittals meets all applicable code
requirements, with more concentration on the structural plan review. The consultant
must be prepared to accommodate and expedite processing upon request by the City
and meet with the architects/engineers of record to discuss projects as necessary.
SUBMISSION REQUIREMENTS
1. Firms/Individuals with structural plan review expertise and experience who have
good knowledge of building codes will be considered. Please submit your
experience and qualifications.
2. Describe your approach to the scope of work identified and qualifications. Describe
your willingness to comply with City of Palm Desert directives, codes and policies.
3. Rate your strengths and give examples of your work in structural plan review.
4. Plan reviews are to be performed by qualified, licensed engineer or architect.
5. Provide information pertaining to availability and scheduling and options for when
the workload increases or decreases during the contract period.
6. Provide appropriate cost information.
CITY OF PALM DESERT
BUILDING AND SAFETY DEPARTMENT
REQUEST FOR PROPOSAL — PLAN REVIEW SERVICES
Page 2
SELECTION CRITERIA
The following general selection criteria will be used to evaluate each consultant firm:
1. Firm/Individual qualifications and experience.
2. Qualifications and availability of staff.
3. References for similar work.
4. Responsiveness to the request for proposal.
5. Knowledge of City codes and procedures.
6. Ability to respond quickly.
7. Methodology or approach to the scope of work.
8. Plan review cost information.
CONTRACT
A standard one (1) year contract approved
the services will be on an as needed basis
hours a day.
GENERAL INFORMATION
by the City Attorney will be used. However
starting with two (2) days a week, eight (8)
Questions regarding the scope of work can be answered by contacting the Director of
Building and Safety at (760) 776-6420 between the hours of 8:00 a.m. to 12:00 p.m.,
Monday through Friday.
DEADLINE FOR PROPOSAL SUBMISSION
Please provide three (3) copies of your proposal no later than Wednesday, May 18,
2005, 2:00 p.m. Responses should be delivered to the following address:
City Clerk's Office
73510 Fred Waring Drive
Palm Desert, CA 92260
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RFPPIanRev2004OnSite. rev
Contract No. c24230
AGREEMENT FOR PLAN REVIEW SERVICES
THIS AGREEMENT for contract plan review services is made and entered into in
the City of Palm Desert on this day of , 2005, by and between the CITY
OF PALM DESERT, a municipal corporation, hereinafter referred to as "CITY" and SRA
ENGINEERING INC., hereinafter referred to as CONTRACTOR. (The term contractor
includes professionals performing in a consulting capacity.)
WITNESSETH:
WHEREAS, on May 18, 2005, CITY requested proposals from
individuals/companies to provide comprehensive plan review for conformance to the model
codes and state law in the following areas of Title 24: structural, architectural, electrical,
plumbing, mechanical, physically disabled laws, and energy codes.
WHEREAS, pursuant to said invitation, CONTRACTOR submitted a proposal, which
was accepted by CITY for said services.
NOW, THEREFORE, in consideration of their mutual promises, obligations, and
covenants hereinafter contained, the parties hereto agree as follows:
(1) TERM. The term of this Agreement shall be from September 12, 2005
through June 30, 2006. This Contract shall be automatically renewed for an
additional year unless either party gives to the other party ninety (90) days
written notice of intent to terminate on the anniversary date. Notwithstanding
the foregoing, CITY may terminate this Contract, with or without cause upon
ninety (90) days written notice delivered to CONTRACTOR
(2) NOTICES. Consultant shall deliver all notices and other writings required to
be delivered under the Agreement to City at the address set forth in "General
Provisions". The City shall deliver all notices and other writing required to be
delivered to contractor at the address set forth following consultant's
signature below.
(3) ATTACHMENTS.
This Agreement incorporates by reference the following attachments to this
Agreement:
General Provisions
Special Provisions
Scope of Service
(4) INTEGRATION.
This Agreement represents the entire understanding of City and Contractor
as to those matters contained herein. No prior oral or written understanding
shall be of any force or effect with regard to those matters covered by this
Contract No. c24230
Agreement. This Agreement supersedes and cancels any and all previous
negotiations, arrangements, agreements, and understandings, if any,
between the parties, and none shall be used to interpret this Agreement.
(5) AUTHORITY TO EXECUTE AGREEMENT. Both CITY and CONTRACTOR
do covenant that each individual executing this Agreement on behalf of each
party is a person duly authorized.
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be
executed the day and year first hereinabove written.
CITY OF PALM DESERT
A Municipal Corporation
BUFORD A. CRITES, MAYOR
CITY OF PALM DESERT, CALIFORNIA
ATTEST:
RACHELLE KLASSEN, CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
CONTRACTOR
Saeed Amirazizi, S.E., President
SRA Engineering, Inc.
(Signature must be notarized)
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Contract No. c24230
GENERAL PROVISIONS
SECTION ONE: SERVICES OF CONTRACTOR
1.1 Scope of Services: In compliance with all terms and conditions of this
Agreement, Contractor shall provide the goods and/or services shown on the
section titled, "Scope of Services", which may be referred to herein as the
"services" or the "work." If this Agreement is for the provision of goods,
supplies, equipment or personal property, the terms "services" and "work"
shall include the provision (and, if designated in the Scope of Services, the
installation) of such goods, supplies, equipment or personal property.
1.2 Changes and Additions to Scope of Services: City shall have the right at
any time during the performance of the services, without invalidating this
Agreement, to order extra work beyond that specified in the Scope of
Services or make changes by altering, adding to, or deducting from said
work. No such work shall be undertaken unless a written order is first given
by City to Contractor, incorporating therein any adjustment in the Budget,
and/or the time to perform this Agreement, which adjustments are subject to
the written approval of the Contractor. It is expressly understood by
Contractor that the provisions of this Section 1.2 shall not apply to services
specifically set forth in the Scope of Services or reasonably contemplated
therein. Contractor hereby acknowledges that it accepts the risk that the
services to be provided pursuant to the Scope of Services may be more
costly or time consuming than Contractor anticipates and that Contractor
shall not be entitled to additional compensation therefore.
1.3 Standard of Performance: Contractor agrees that all services shall be
performed in a competent, professional, and satisfactory manner in
accordance with the standards prevalent in the industry, and that all goods,
materials, equipment or personal property included within the services herein
shall be of good quality, fit for the purpose intended.
1.4 Performance to Satisfaction of City: Contractor agrees to perform all work
to the satisfaction of City within the time specified. If City reasonably
determines that the work is not satisfactory, City shall have the right to take
appropriate action, including but not limited to: (1) meeting with Contractor to
review the quality of the work and resolve matters of concern; (ii) requiring
Contractor to repeat unsatisfactory work at no additional charge until it is
satisfactory; (iii) suspending the delivery of work to Contractor for an
indefinite time; (iv) withholding payment; and (v) terminating this Agreement
as hereinafter set forth.
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Contract No. C24230
1.5 Instructions from City: In the performance of this Agreement, Contractor
shall report and receive instructions from the City's Representative
designated in this Agreement. Tasks or services other than specifically
described in the Scope of Services shall not be performed without the prior
written approval of the City's representative.
1.6 Familiarity with Work: By executing this Agreement, Contractor warrants
that Contractor (i) has thoroughly investigated and considered the scope of
services to be performed, (ii) has carefully considered how the services
should be performed, and (iii) fully understands the facilities, difficulties, and
restrictions attending performance of the services under the Agreement.
If the services involve work upon any site, Contractor warrants that
Contractor has or will investigate the site and is or will be fully acquainted
with the conditions there existing, prior to commencement of services
hereunder. Should the Contractor discover any conditions, including any
latent or unknown conditions, which will materially affect the performance of
the services hereunder, Contractor shall immediately inform the City of such
fact and shall not proceed except at Contractor's risk until written instructions
are received from the City's Representative.
1.7 Prohibition Against Subcontracting of Assignment: Contractor shall not
contract with any other entity to perform in whole or in part the services
required hereunder without the express written approval of City. In addition,
neither the Agreement nor any interest herein may be transferred, assigned,
conveyed, hypothecated, or encumbered voluntarily or by operation of law,
whether for the benefit of creditors or otherwise, without the prior written
approval of City. In the event of any unapproved transfer, including any
bankruptcy proceeding, City may void the Agreement at City's option in its
sole and absolute discretion. No approved transfer shall release any surety
of Contractor of any liability hereunder without the express consent of City.
1.8 Compensation: Contractor shall be compensated as follows:
A. Contractor will provide complete plan review services for an hourly
rate of $100. The term of the contract is based on two (2) full days (8
hours) a week for the term of the contract. This schedule can be
adjusted as necessary with the agreement between the City and the
Contractor.
SECTION TWO: INSURANCE AND INDEMNIFICATION
2.1 Workers Compensation Insurance:
If Contractor is required to provide Worker's Compensation Insurance,
Contractor shall file with City the following signed certification:
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Contract No. C24230
"I am aware of, and will comply with, Divisions 4 and 5
of the California Labor Code by securing, paying for,
and maintaining in full force and effect for the duration
of the contract, complete Worker's Compensation
Insurance, and shall furnish a Certificate of Insurance to
City before execution of the Agreement."
In the event Contractor has no employees requiring Contractor to provide
Worker's Compensation Insurance, Contractor shall so certify to City in
writing prior to City's execution of this Agreement. City and City Personnel
shall not be responsible for any claims in law or equity occasioned by failure
of the Contractor to comply with this section or with the provisions of law
relating to Worker's Compensation.
2.2 Indemnification:
Contractor shall indemnify, defend, and hold City and City Personnel
harmless from and against any and all actions, suits, claims, demands,
judgments, attorney's fees, costs, damages to persons or property, losses,
penalties, obligations, expenses or liabilities (herein "claims" or "liabilities")
that may be asserted or claimed by any person or entity arising out of the
willful or negligent acts, errors or omissions of Contractor, its employees,
agents, representatives or subcontractors in the performance of any tasks or
services for or on behalf of City, whether or not there is concurrent active or
passive negligence on the part of City and/or City Personnel, but excluding
such claims or liabilities arising from the sole active negligence or willful
misconduct of City or City Personnel. In connection therewith:
2.2.1 Contractor shall defend any action or actions filed in connection with
any such claims or liabilities, and shall pay all costs and expenses, including
attorney's fees incurred in connection therewith.
2.2.2. Contractor shall promptly pay any judgment rendered against City or
any City Personnel for any such claims or liabilities.
2.2.3 In the event City and/or any City Personnel is made a party to any
action or proceeding filed or prosecuted for any such damages or other
claims arising out of or in connection with the negligent performance or a
failure to perform the work or activities of Contractor, Contractor shall pay to
City any and all costs and expenses incurred by City or City Personnel in
such action or proceeding, together with reasonable attorney's fees and
expert witness fees.
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Contract No. C24230
SECTION THREE: LEGAL RELATIONS AND RESPONSIBILITIES
3.1 Compliance with Laws:
Contractor shall keep itself fully informed of all existing and future state and
federal laws and all county and city ordinances and regulations which in any
manner affect those employed by or it or in any way affect the performance
of services pursuant to this Agreement. Contractor shall at all times observe
and comply with all such laws, ordinances, and regulations and shall be
responsible for the compliance of all work and services performed by or on
behalf of Contractor. When applicable, Contractor shall not pay less than the
prevailing wage, which rate is determined by the Director of Industrial
Relations of the State of California.
3.2 Licenses, Permits, Fees, and Assessments:
Contractor shall obtain at its sole cost and expenses all licenses, permits,
and approvals that may be required by law for the performance of the
services required by this Agreement. Contractor shall have the sole
obligation to pay any fees, assessments, and taxes, plus applicable penalties
and interest, which may be imposed by law and arise from or are necessary
for Contractor's performance of the services required by this Agreement, and
shall indemnify, defend, and hold harmless City against any such fees,
assessments, taxes, penalties, or interest levied, assessed, or imposed
against City thereunder.
3.3 Covenant Against Discrimination:
Contractor covenants for itself, its heirs, executors, assigns, and all persons
claiming under or through it, that there shall be no discrimination against any
person on account or race, color, creed, religion, sex, marital status, national
origin, or ancestry, in the performance of this Agreement. Contractor further
covenants and agrees to comply with the terms of the Americans with
Disabilities Act of 1990 (42 U.S.C. ' 12101 et. seq.) as the same may be
amended from time to time.
3.4 Independent Contractor:
Contractor shall perform all services required herein as an independent
contractor of City and shall remain at all times as to City a wholly
independent contractor. City shall not in any way or for any purpose become
or be deemed to be a partner of Contractor in its business or otherwise, or a
joint venture, or a member of any joint enterprise with Contractor. Contractor
shall not at any time or in any manner represent that it or any of its agents or
employees are agents or employees of City. Neither Contractor nor any of
Contractor's employees shall, at any time, or in any way, be entitled to any
sick leave, vacation, retirement, or other fringe benefits from the City; and
neither Contractor nor any of its employees shall be paid by City time and
one-half for working in excess of forty (40) hours in any one week. City is
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Contract No. c24230
under no obligation to withhold State and Federal tax deductions from
Contractor's compensation. Neither Contractor nor any of Contractor's
employees shall be included in the competitive service, have any property
right to any position, or any of the rights an employee may have in the event
of termination of this Agreement.
3.5 Use of Patented Materials:
Contractor shall assume all costs arising from the use of patented or
copyrighted materials, including but not limited to equipment, devices,
processes, and software programs, used or incorporated in the services or
work performed by Contractor under this Agreement. Contractor shall
indemnify, defend, and save the City harmless from any and all suits, actions
or proceedings of every nature for or on account of the use of any patented
or copyrighted materials.
3.6 Proprietary Information:
All proprietary information developed specifically for City by Contractor in
connection with, or resulting from, this Agreement, including but not limited to
inventions, discoveries, improvements, copyrights, patents, maps, reports,
textual material, or software programs, but not including Contractor's
underlying materials, software, or know-how, shall be the sole and exclusive
property of City, and are confidential and shall not be made available to any
person or entity without the prior written approval of City. Contractor agrees
that the compensation to be paid pursuant to this Agreement includes
adequate and sufficient compensation for any proprietary information
developed in connection with or resulting from the performance of
Contractor's services under this Agreement. Contractor further understands
agrees that full disclosure of all proprietary information developed in
connection with, or resulting from, the performance of services by Contractor
under this Agreement shall be made to City, and that Contractor shall do all
things necessary and proper to perfect and maintain ownership of such
proprietary information by City.
3.7 Retention of Funds:
Contractor hereby authorizes City to deduct from any amount payable to
Contractor (whether arising out of this Agreement or otherwise) any amounts
the payment of which may be in dispute hereunder or which are necessary to
compensate City for any losses, costs, liabilities, or damages suffered by
City, and all amounts for which City may be liable to third parties, by reason
of Contractor's negligent acts, errors, or omissions, or willful misconduct, in
performing or failing to perform Contractor's obligations under this
Agreement. City in its sole and absolute discretion may withhold from any
payment due Contractor, without liability for interest, an amount sufficient to
cover such claim or any resulting lien. The failure of City to exercise
such right to deduct or withhold shall not act as a waiver of Contractor's
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Contract No. c24230
obligation to pay City any sums Contractor owes City.
3.8 Termination by City:
City reserves the right to terminate this Agreement at any time, with or
without cause, upon written notice to Contractor. Upon receipt of any notice
of termination from City, Contractor shall immediately cease all services
hereunder except such as may be specifically approved in writing by City.
Contractor shall be entitled to compensation for all services rendered prior to
receipt of City's notice of termination and for any services authorized in
writing by City thereafter. If termination is due to the failure of Contractor to
fulfill its obligations under this Agreement, City may take over the work and
prosecute the same to completion by contract or otherwise, and Contract
shall be liable to the extent that the total cost for completion of the services
required hereunder, including costs incurred by City in retaining a
replacement contractor and similar expenses, exceeds the Budget.
3.9 Right to Stop Work: Termination by Contractor:
Contractor shall have the right to stop work only if City fails to timely make a
payment required under the terms of the Budget. Contractor may terminate
this Agreement only for cause, upon thirty (30) days prior written notice to
City. Contractor shall immediately cease all services hereunder as of the
date Contractor's notice of termination is sent to City, except such services,
as may be specifically approved in writing by City. Contractor shall be
entitled to compensation for all services rendered prior to the date notice of
termination is sent to City and for any services authorized in writing by City
thereafter. If Contractor terminates this Agreement because of an error,
omission, or a fault of Contractor, or Contractor's willful misconduct, the
terms of Section 3.8 relating to City's right to take over and finish the work
and Contractor's liability therefore shall apply.
3.10 Waiver:
No delay or omission in the exercise of any right or remedy by a
nondefaulting party on any default shall impair such right or remedy or be
construed as a waiver. A party's consent to or approval of any act by the
other party requiring the party's consent or approval shall not be deemed to
waive or render unnecessary the other party's consent to or approval of any
subsequent act. Any waiver by either party of
any default must be in writing.
3.11 Legal Actions:
Legal actions concerning any dispute, claim, or matter arising out of or in
relation to this Agreement shall be instituted an maintained in the Municipal
and Superior Courts of the State of California in the County of Riverside, or
in any other appropriate court with jurisdiction in such County, and Contractor
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Contract No. C24230
agrees to submit to the personal jurisdiction of such court.
3.12 Rights and Remedies are Cumulative:
The rights and remedies of the parties are cumulative and the exercise by
either party of one or more of such rights or remedies shall not preclude the
exercise by it, at the same or different times, of any other rights or remedies
for the same default or any other default by the other party.
3.13 Attorney's Fees:
In any action between the parties hereto seeking enforcement of any of the
terms or provisions of this Agreement or in connection with the performance
of the work hereunder, the party prevailing in the final judgment in such
action or proceeding, in addition to any other relief which may be granted,
shall be entitled to have an recover from the other party its reasonable costs
and expenses, including, but not limited to, reasonable attorney's fees,
expert witness fees, and courts costs. If either party to this Agreement is
required to initiate or defend litigation with a third party because of the
violation of any term of provision of this Agreement by the other party, then
the party so litigating shall be entitled to its reasonable attorney's fees and
costs from the other party to this Agreement.
3.14 Force Majeure:
The time period specified in this Agreement for performance of services
shall be extended because of any delays due to unforeseeable causes
beyond the control and without the fault or negligence of City or
Contractor, including, but not restricted to, acts of God or of the public
enemy, unusually severe weather, fires, earthquakes, floods, epidemics,
quarantine restrictions, riots, strikes, freight embargoes, wars
litigation, and/or acts of any governmental agency, including City, if the
delaying party shall within ten (10) days of the commencement of such delay
notify the other party in writing of the causes of the delay. If Contractor is the
delaying party, City shall ascertain the facts and the extent of delay, and
extend the time for performing the services for the period of the enforced
delay when and if in the judgment of such delay is justified. City's
determination shall be final and conclusive upon the parties to this
Agreement. In no event shall Contractor be entitled to recover damages
against City for any delay in the performance of this Agreement, however
caused. Contractor's sole remedy shall be extension of this Agreement
pursuant to this Section 3.14.
3.15 Non -Liability of City Officers and Employees:
No officer, official, employee, agent, representative, or volunteer of City shall
be personally liable to Contractor, or any successor in interest, in the event
of any default or breach by City, or for any amount which may become due to
Contractor or its successor, or for breach of any obligation of the terms of
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Contract No. C24230
this Agreement.
3.16 Conflict of Interest.
No officer, official, employee, agent, representative, or volunteer of City
shall have any financial interest, direct or indirect, in this Agreement, or
participate in any decision relating to this Agreement which affects his or
her financial interest or the financial interest of any corporation,
partnership, or association in which he or she is interested, in violation of
any Federal, State, or City statue, ordinance, or regulation. The Contractor
shall not employ any such person while this Agreement is in effect.
SECTION FOUR: MISCELLANEOUS PROVISION
4.1 Records and Reports:
Upon request by City, Contractor shall prepare and submit to City and
reports concerning Contractor's performance of the services rendered under
this Agreement. City shall have access, upon reasonable notice, to the
books and records of Contractor related to Contractor's performance of this
Agreement in the event any audit is required. All drawings, documents, and
other materials prepared by Contractor in the performance of this Agreement
(i) shall be the property of City and shall be delivered at no cost to City upon
request of City or upon the termination of this Agreement, and (ii) are
confidential and shall not be made available to any individual or entity without
prior written approval of City. Contractor shall keep and
maintain all records and reports related to this Agreement for a period of
three (3) years following termination of this Agreement, and City shall have
access to such records in the event any audit is required.
4.2 Notices:
Unless otherwise provided herein, all notices required to be delivered under
this Agreement or under applicable law shall be personally delivered, or
delivered by United States mail, prepaid, certified, return receipt requested,
or by reputable document delivery service that provides showing date and
time of delivery. Notices personally delivered or delivered by a document
delivery service shall be effective upon receipt. Notices delivered by mail
shall be effective at 5:00 p.m. on the second calendar day following dispatch.
Notices to the City shall be delivered to the following address:
OFFICE OF THE CITY CLERK
City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260
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Contract No. c24230
Notices to Contractor shall be delivered to the address set forth below:
Saeed R. Amirazizi, S.E., President
SRA Engineering, Inc.
23151 Verdugo Drive, Suite 205
Laguna Hills, CA 92653
4.3 Construction and Amendments:
The terms of this Agreement shall be construed in accordance with the
meaning of the language used and shall not be construed for or against
either party by reason of the authorship of this Agreement or any other rule
of construction which might otherwise apply. The headings of sections and
paragraphs of this Agreement are for convenience or reference only, and
shall not be construed to limit or extend the meaning of the terms, covenants
and conditions of this Agreement. This Agreement may only be amended by
the mutual consent of the parties by an instrument in writing.
4.4 Severability:
Each provision of this Agreement shall be severable from the whole. If
any provision of this Agreement shall be found contrary to law, the
remainder of this Agreement shall continue in full force.
4.5 Authority:
The person(s) executing this Agreement on behalf of the parties hereto
warrant that (i) such party is duly organized and existing (ii) they are duly
authorized to execute and deliver this Agreement on behalf of said party, (iii)
by so executing this Agreement, such party is formally bound to the
provisions of this Agreement, and (iv) the entering into this Agreement does
not violate any provision of any other Agreement to which said party is
bound.
4.6 Special Provisions:
Any additional or supplementary provisions or modifications or alterations of
these General Provisions shall be set forth in this Agreement ("Special
Provisions").
4.7 Precedence:
In the event of any discrepancy between "Terms", "General Provisions",
"Special Provisions", and/or "Scope of Services", "Special Provisions" shall
take precedence and prevail.
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Contract No. C24230
SPECIAL PROVISIONS
1. Replace "Contractor" with "Consultant" throughout the Agreement.
2. Add the following Section 1.5:
In all cases where staff are provided to City to perform any part of the Scope of
Services, each and every qualified person from Contractor providing such services
will be required to be reviewed and certified for such service in writing by the City's
representative prior to beginning service.
SCOPE OF SERVICES
Plan Check Services for the City to include:
1. Structural / Building Code Conformance
2. Architectural / Building Code Conformance
3. Electrical Code Conformance
4. Plumbing Code Conformance
5. Mechanical Code Conformance
6. Physically Disabled Laws - Title 24 Conformance
7. Energy Code Title 24 Conformance
8. City Policies and Procedures Conformance
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