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HomeMy WebLinkAboutC25700A-C Building Inspection ServicesCITY OF PALM DESERT BUILDING & SAFETY DEPARTMENT STAFF REPORT REQUEST: Award and Approve Building Inspection Services Contracts SUBMITTED BY: Al..* "Ali" Hamidzadeh, Director of Building and Safety CONTRACTORS: California Code Check 2393 Teller Road, Suite 108 Newbury Park, CA 91320 Charles Abbott Associates, Inc. 27401 Los Altos, Suite 220 M ssion Viejo, CA 92691 WILLDAN 650 Hospitality Lane, Suite 400 San Bernardino, CA 92408 DATE: August 24, 2006 CONTENTS: Notice of Request for Statement of Qualifications Request for Qualifications — Building Inspection Services Agreements for Building Inspection Services Recommendation: By Minute Motion, Staff requests that the City Council award and approve professional services agreement California Code Check C25700A (Contract No. ), Charles Abbott Associates, Inc. (Contract No. C25700B ), and WILLDA,N (Contract No. ) for building inspection services forC25700C the fiscal year 2006/2007. The proposed agreements for contract building inspection services have a beginning date, for this fiscal year, of October 2, 2006 and ending date of June 30, 2007. It is also recommended that $100,000.00 be appropriated to Professional Services (Account No. 110-4420-422.30-10) to accommodate the needed building inspection services. Executive Summary: In order to supplement City building inspection services staff, three companies have been selected for inclusion in the contract process to ensure availability of the highest quality building inspection services personnel for the protection of the citizens of Palm Desert. G:\BIdgSfty\Amir Hamidzadeh\Staff Reports\StaffReport Insp Svc 2006-2007.doc Staff Report Contract Inspection Services Page 2 August 24, 2006 Discussion: The Building and Safety Department prepared and advertised a Request for Qualifications and Information on June 26 and July 1, 2006. Sealed bids were received from Bureau Veritas, California Code Check, CAPRI, Charles Abbott Associates, Jacobs Gate & Associates, JAS Pacific, TCB/AECOM, and WILLDAN, and were opened on Friday, July 21, 2006 at 4:00 p.m. Based on company qualifications, an oral interview, inspection staff qualifications and availability; California Code Check, Charles Abbott Associates and WILLDAN were selected as the prospective firms to provide building inspection services to supplement city staff. These three companies were selected for inclusion in the contract process to ensure availability of the highest quality building inspection services personnel for the protection of the citizens of Palm Desert. The contract agreement amount will be applied to the Professional Services Account No. 110-4420-422.30-10. It should be noted that the services provided are recoupable through permit fees assessed to each proiect requiring these inspection services. It is the intention of the Building and Safety Department to provide the majority of the building inspection services with City staff, and supplement staffing levels with contract inspection services on an as needed basis. Therefore, it is staff's recommendation to approve and award the contracts and funding allocation for professional building inspection services to California Code Check, Charles Abbott Associates, and WILLDAN. Submitted By: • Amir "Ali" Hamidzeh Director of Building & Safety Paul Gibson, Director of Finance Carlos Ortega City Manager Revie - ed and cortEur: omer Croy, As tant City Manager for Developme Services Approval: David J. Erwin, City Attorney �ITY COUNCIL TION: APPROVED DENIED RECEIVED • OTHER MEE T I DATE & ' • L 42 AYES: ���•..1 .. `� t� NOES: ♦ i G:1BIdgSfty1Amir Hamidzadeh\Staff Reports\StaffReport Insp Sv • -Li VERIFIED BY: (mA Y t. Original on File with City C1 Prk t a of{; Contract No. c25700A AGREEMENT TO PROVIDE STAFFING SERVICES BETWEEN THE CITY OF PALM DESERT AND CALIFORNIA CODE CHECK THIS AGREEMENT is made and entered into this day of 2006, by and between the CITY OF PALM DESERT, hereinafter to as "CITY", AND CALIFORNIA CODE CHECK, hereinafter referred to as "CALIFORNIA CODE CHECK". WITNESSETH: WHEREAS, CITY has certain needs from time to time for temporary personnel with special qualifications to discharge certain of its responsibilities; and WHEREAS, CALIFORNIA CODE CHECK is a California corporation which provides the services of its employees to government agencies for the purpose of discharging the responsibilities of government agencies; and WHEREAS, economic reasons exist which make it in the best interests of CITY to discharge certain of its responsibilities through the use of CALIFORNIA CODE CHECK employees; NOW, THEREFORE, in consideration of the promises, covenants, and warranties hereinafter set forth, the parties hereto mutually agree as follows: DEFINITIONS All terms used in this Agreement shall have the customary meaning afforded such terms unless the same are used in a technical or business context, in which event such terms shall have the technical and/or special meaning normally afforded such terms within the particular trade, industry, or business to which they relate. The following are the definitions of special terms used herein: 1.1 "Current Payroll" means the payroll set forth on attached Exhibit A and incorporated by this reference. 1.2 "Employees" means those individual persons who are subject to the terms of this Agreement and whose services are identified on attached Exhibit A incorporated by this reference. 1.3 "Employee Tax Forms" means all forms applicable to the payroll which are required by United States, state, and local governments to be provided by an employer to an employee, including U.S. Department of the Treasury, Internal Revenue Service Form W-2 (Wage and Tax Statement) and Form W-4 (Employee's Withholding Allowable Certificate) and Form 1099 (as and if applicable), as well as comparable and/or counterpart forms prescribed by the state and/or local government in which employees are performing services pursuant to this Agreement. Contract No. c25700A 1.4 "Employer Tax Forms" means all forms required to fully and properly report the payroll to the United States, state and/or local governments, including United States Department of the Treasure; Internal Revenue Service Form 941 (Employer's Quarterly Federal Tax Return for Federal Income Tax Withhold form Wages and for Federal Insurance Contributions Act Taxes), Form 940 (Employer's Annual Federal Unemployment Tax Return), and comparable and/or counterpart forms prescribed by the state and/or local government in which employees are performing services pursuant to this Agreement. 1.5 "Payment Due Date" means any date on or before the last day of each payroll period. 1.6 "Pay Period" means the interval between payments to employees. 1.7 "Payroll" means the total payroll applicable to all employees and includes the aggregate of net compensation to employees, federal withholding taxes, state and local (if any) withholding taxes, employer and employee costs pursuant to the Federal Insurance Contributions Act, employer costs pursuant to the Federal Unemployment Tax Act, employer costs for state unemployment taxes (if any), employer costs pursuant to the Voluntary Compensation Plan (if any), and employer listed service fees (as applicabie). 2. IMPLEMENTATION 2.1 Relationship of Parties. Effective at the commencement of business on the day of , 2006, CALIFORNIA CODE CHECK will provide CITY those of its employees who are qualified to perform the services identified on attached Exhibit A and CITY hereby accepts such employees on the terms and conditions provided in this Agreement. 2.2 Term of .Agreement. This Agreement and the rights and obligations of CITY and CALIFORNIA CODE CHECK shall commence on the effective time and date specified in paragraph 2.1 and shall continue until terminated. Either party may terminate this Agreement upon twenty-four hours notice to the other party. 2.3 Specification of Services and Approval of Compensation. CITY shall specify, and by notice to CALIFORNIA CODE CHECK may accept, modify, o, reject the services and/or rate of compensation of any and all employees leased to CITY in accordance with this Agreement. In the event of rejection of services and/or rejection of the rate of compensation of any employee leased to CITY, the lease made by this Agreement shall terminate as to such employee, effective upon receipt by CALIFORNIA CODE CHECK of written notice thereof. For purposes of business and financial accounting between the parties, this Agreement shall be deemed 2 Contract No. C25700A several as to each employee and shall be deemed prorated on a daily or other periodic basis necessary to give effect to the manifest intentions of the contracting parties. 2.4 Changes and Adjustment in Payroll. CITY AND CALIFORNIA CODE CHECK acknowledge the payroll will vary from pay period to pay period by reason of additions, terminations, and changes in compensation rates of employees. It is further acknowledged that the payroll also may vary from pay period to pay period by reason of changes in the rate and/or amount of employee withholding and/or employer payroll contributions and/or costs of employee benefit plans and programs. It is specifically agreed that the amount of all payments coming due and owing from CITY TO CALIFORNIA CODE CHECK shall be adjusted (by increase or decrease, as applicable) to the extent necessary to directly reflect such changes on a current basis. All such changes and adjustments in payroll shall be mutually agreed to by the CITY and CALIFORNIA CODE CHECK before revised hourly rates are applied. 2.5 Employer Duties of CALIFORNIA CODE CHECK. CALIFORNIA CODE CHECK shall (1) pay all wages and other remuneration to its employees who are subject to this Agreement; (2) notify CITY of the current payroll prior to each pay period; (3) prepare and file all payroll tax returns and reports; (4) pay all amounts due and owing pursuant to the payroll tax returns and reports which are prepared and filed; (5) prepare, file, and furnish to employees applicable employee tax forms; and (6) prepare and file, with a copy to CITY, applicable employer tax forms. 2.6 Duties of CITY. CITY may (1) provide a workspace for leased personnel subject to this Agreement; (2) the workspace to comply with applicable health and working standards and specifications; (3) comply with all safety engineering and governmental health and safety rules, regulations, directives, orders or similar requirements; (4) make available to the leased employee the City's injury and illness prevention program as required by the Occupational Injury Program Act, also known as Senate Bill 198, and codified at California Labor Code SS 6401.7; (5) post or provide employee notices required by law; and (6) notify CALIFORNIA CODE CHECK immediately of all employee illnesses, accidents, injuries, and absences. 2.7 Worker's Compensation, Health and Other Benefit. CALIFORNIA CODE CHECK maintains Workers' Compensation and Employers Liability Insurance of a form and in an amount as required by state law and CITY. Various health and other benefits are available to employees under a cafeteria plan, which permits each employee to choose the type of benefits he or she will receive. 3 Contract No. C25700A 3. COMPENSATION 3.1 Fee. CITY agrees to pay within the hourly range rate established in Exhibit A on or before each payment due date. The range rates are based on current CALIFORNIA CODE CHECK costs and is subject to change when costs change due to factors, which are beyond the control of CALIFORNIA CODE CHECK (such as insurance, payroll tax, etc.). Any adjustments made will be commensurate with increased costs to CALIFORNIA CODE CHECK as mutually agreed by the CITY and CALIFORNIA CODE CHECK. 3.2 Payment Address. All payments due CALIFORNIA CODE CHECK shall be paid to: CALIFORNIA CODE CHECK 925 Broadbeck Drive, Suite 230 Newbury Park, CA 91320 3.3 Terms of Compensation. Invoices are due within 30 days of receipt. Delinquent payments will be subject to a late payment carrying charge computed at a periodic rate of 1-1l2% per month, which is an annual percentage rate of 18%, which will be applied to any unpaid balance owed commencing forty-five (45) days after the due date of the original invoice. Additionally, in the event CITY fails to pay any undisputed amounts due CALIFORNIA CODE CHECK within forty-five (45) days after payment due date, then CITY agrees that CALIFORNIA CODE CHECK shall have the right to consider said default a total breach of this Agreement and the duties of CALIFORNIA CODE CHECK under this Agreement may be terminated by CALIFORNIA CODE CHECK without liability to CALIFORNIA CODE CHECK upon ten (10) working days advance written notice. 4. SUPERVISION OF EMPLOYEES CITY may supervise the daily activities of leased personnel. Employees shall discharge government responsibilities and perform in accordance with the ordinances, resolutions, rules regulations, and procedures adopted by CITY. CALIFORNIA CODE CHECK shall have no control over such government responsibilities and such ordinances, resolutions, rules, regulations and procedures. 5. INDEMNIIFICATION CALIFORNIA CODE CHECK shall indemnify, defend required payroll deductions and withholdings, legally required workers' compensation insurance, and health benefits of the employees. CALIFORNIA CODE CHECK shall also indemnify, defend and hold harmless CITY for any liability arising under the Public Employees Retirement Law, as set forth in California Government Code SS 20000, et seq. CALIFORNIA CODE CHECK shall also indemnify, defend, and hold harmless CITY from and against any 4 Contract No. C25700A and all claims for any loss or damages for bodily injuries, including death or loss of, damage to or loss of use of property caused by the negligent acts or willful misconduct by CALIFORNIA CODE CHECK, its officers, directors, employees, agents, subcontractors or suppliers in connection with or arising out of the performance of this Agreement. CITY shall indemnify, defend, and hold harmless CALIFORNIA CODE CHECK from and against any and all claims for any loss or damages for bodily injuries, including death or loss of, damage to or loss of use of property to third parties (i.e. not CALIFORNIA CODE CHECK employees) caused by the negligent acts or willful misconduct by CITY, its officers, directors, employees, agents, subcontractors or suppliers in connection with or arising out of the performance of this Agreement. Nothing contained above shall preclude either party from asserting, against a third party, any and all protections and immunities, which may pertain to government employees. 6. INSURANCE In addition to the workers' compensation insurance and CALIFORNIA CODE CHECK covenant to indemnify CITY, CALIFORNIA CODE CHECK shall obtain and furnish to CITY, a policy of general liability insurance, including motor vehicle coverage covering the project. Said policy shall indemnity CALIFORNIA CODE CHECK, its officers, agents and employees, while acting within the scope of their duties, against any and all claims of arising out of or in connection with the project, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of $1,000,000 per occurrence. If coverage is provided under a form, which includes a designated general aggregate limit, the aggregate limit must be no less than $1,000,000. Said policy shall name CITY, its officers, and employees as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the project shall be deemed excess coverage and that CALIFORNIA CODE CHECK's insurance shall be primary. 7. CERFIFICATES OF INSURANCE; ADDITONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CALIFORNIA CODE CHECK shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; said certificates shall: 1. Provide the name and policy number of each carrier and policy; 2. Shall state that the policy is currently in force; 3. Shall promise to provide that such policies will not be canceled or modified without thirty (30) days prior written notice of City; and Contract No. C25700A 4. Shall state as follows: "The above detailed coverage is not subject to any deductible or self -insured retention, or any other form similar type limitation." CALIFORNIA CODE CHECK shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverages shall not derogate from the provisions for indemnification of CITY by CALIFORNIA CODE CHECK under the Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all said policies of insurance. CALIFORNIA CODE CHECK shall pay, in a prompt and timely manner, the premiums on all insurance herein above required. 8. GENERAL PROVISIONS 8.1 Representation. A CITY representative shall be designated by the CITY and a CALIFORNIA CODE CHECK' representative shall be designated by CALIFORNIA CODE CHECK as the primary contact person for each party regarding performance of this Agreement. The following are the designated representatives Tom Harris, S.E., President for CALIFORNIA CODE CHECK City Manager for the City of PALM DESERT 8.2 Legal Action. Should either party to this Agreement bring legal action against the other, the case shall be handled within the County where CITY is located, and the party prevailing in such action shall be entitled to reasonable attorneys' fee which shall be fixed by the judge hearing the case and such fee shall be included in the judgment. 8.3 Assignment. This Agreement shall not be assignable by either party without the prior written consent of the other party. 8.4 Audit. CITY shall have the right to audit and inspect CALIFORNIA CODE CHECK's records and accounts covering costs under this Agreement for a period of two years after termination of the Agreement. 8.5 Titles. The titles used in this Agreement are for general reference only and are riot part of the Agreement. 8.6 Severability. Should any provision of this Agreement be determined to be unenforceable, such determination shall not affect the remaining provisions. 8.7 Legal Services Subcontracting Prohibited. CALIFORNIA CODE CHECK and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CALIFORNIA CODE CHECK understands the City Attorney is the 9 Contract No. C25700A exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CALIFORNIA CODE CHECK. 8.8 Extent of Agreement. This Agreement represents the entire and integrated Agreement between CITY and CALIFORNIA CODE CHECK and supersedes all prior negotiations, representations or agreement, either written or oral. This Agreement may be modified or amended only by a subsequent written agreement signed by both parties. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year first above written. CITY OF PALM DESERT A Municipal Corporation JIM FERGUSON, MAYOR CITY OF PALM DESERT, CALIFORNIA ATTEST: RACHELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA California Code Check 925 Broadbeck Drive, Suite 230 Newbury Park, California 91320 (Signature must be notarized) Contract No. C25700A EXHIBIT A SCHEDULE OF FEES CALIFORNIA CODE CHECK is pleased to provide the following Fee Schedule for Building and Safety Support services to the City of Palm Desert. SUPPORT SERVICES Entry -Level Inspector (ICC Certified Inspector) $ 50.00 per hour Journey -Level Inspector (ICC Certified Building Inspector) $ 70.00 per hour Overtime 1.5 Times hourly rate (over 8 hours per day and/or 40 hours per week) Mileage $ 0.45 per mile E3 Contract No. c25700s AGREEMENT TO PROVIDE STAFFING SERVICES BETWEEN THE CITY OF PALM DESERT AND CHARLES ABBOTT ASSOCIATES, INC. THIS AGREEMENT is made and entered into this day of 2006, by and between the CITY OF PALM DESERT, hereinafter to as "CITY", AND CHARLES ABBOTT ASSOCIATES, INC., hereinafter referred to as "CHARLES ABBOTT ASSOCIATES". WITNESSETH: WHEREAS, CITY has certain needs from time to time for temporary personnel with special qualifications to discharge certain of its responsibilities; and WHEREAS, CI-ARLES ABBOTT ASSOCIATES is a California corporation which provides the services of its employees to government agencies for the purpose of discharging the responsibilities of government agencies; and WHEREAS, economic reasons exist which make it in the best interests of CITY to discharge certain of its responsibilities through the use of CHARLES ABBOTT ASSOCIATES employees; NOW, THEREFORE, in consideration of the promises, covenants, and warranties hereinafter set forth, the parties hereto mutually agree as follows: DEFINITIONS All terms used in this Agreement shall have the customary meaning afforded such terms unless the same are used in a technical or business context, in which event such terms shall have the technical and/or special meaning normally afforded such terms within the particular trade, industry, or business to which they relate. The following are the definitions of special terms used herein: 1.1 "Current Payroll" means the payroll set forth on attached Exhibit A and incorporated by this reference. 1.2 "Employees" means those individual persons who are subject to the terms of this Agreement and whose services are identified on attached Exhibit A incorporated by this reference. 1.3 "Employee Tax Forms" means all forms applicable to the payroll which are required by United States, state, and local governments to be provided by an employer to an employee, including U.S. Department of the Treasury, Internal Revenue Service Form W-2 (Wage and Tax Statement) and Form W-4 (Employee's Withholding Allowable Certificate) and Form Contract No. C25700B 1099 (as .and if applicable), as well as comparable and/or counterpart forms prescribed by the state and/or local government in which employees are performing services pursuant to this Agreement. 1.4 "Employer Tax Forms" means all forms required to fully and properly report the payroll to the United States, state and/or local governments, including United States Department of the Treasure; Internal Revenue Service Form 941 (Employer's Quarterly Federal Tax Return for Federal Income Tax Withhold form Wages and for Federal Insurance Contributions Act Taxes), Form 940 (Employer's Annual Federal Unemployment Tax Return), and comparable and/or counterpart forms prescribed by the state and/or lo::al government in which employees are performing services pursuant to this Agreement. 1.5 "Payment Due Date" means any date on or before the last day of each payroll period. 1.6 "Pay Period" means the interval between payments to employees. 1.7 "Payroll" means the total payroll applicable to all employees and includes the aggregate of net compensation to employees, federal withholding taxes, state and local (if any) withholding taxes, employer and employee costs pursuant to the Federal Insurance Contributions Act, employer costs pursuant to the Federal Unemployment Tax Act, employer costs for state unemployment taxes (if any), employer costs pursuant to the Voluntary Compersation Plan (if any), and employer listed service fees (as applicable). 2. IMPLEMENTATION 2.1 Relationship of Parties. Effective at the commencement of business on the day of 2006, CHARLES ABBOTT ASSOCIATES will provide CITY those of its employees who are qualified to perform the services identified on attached Exhibit A and CITY hereby accepts such employees on the terms and conditions provided in this Agreement. 2.2 Term of Agreement. This Agreement and the rights and obligations of CITY and CHARLES ABBOTT ASSOCIATES shall commence on the effective time and date specified in paragraph 2.1 and shall continue until terminated. Either party may terminate this Agreement upon thirty (30) day notice to the other party. 2.3 Specification of Services and Approval of Compensation. CITY shall specify, and by notice to CHARLES ABBOTT ASSOCIATES may accept, modify, or reject the services and/or rate of compensation of any and all Contract No. c25700s employees leased to CITY in accordance with this Agreement. In the event of rejection of services andlor rejection of the rate of compensation of any employee leased to CITY, the lease made by this Agreement shall terminate as to such employee, effective upon receipt by CHARLES ABBOTT ASSOCIATES of written notice thereof. For purposes of business and financial accounting between the parties, this Agreement shall be deemed several as to each employee and shall be deemed prorated on a daily or other periodic basis necessary to give effect to the manifest intentions of the contracting parties. 2.4 Changes and Adjustment in Payroll. CITY AND CHARLES ABBOTT ASSOCIATES acknowledge the payroll will vary from pay period to pay period by reason of additions, terminations, and changes in compensation rates of employees. It is further acknowledged that the payroll also may vary from pay period to pay period by reason of changes in the rate and/or amount of employee withholding and/or employer payroll contributions andlor costs of employee benefit plans and programs. It is specifically agreed that the amount of all payments coming due and owing from CITY TO CHARLES ABBOTT ASSOCIATES shall be adjusted (by increase or decrease, as applicable) to the extent necessary to directly reflect such changes on a current basis. All such changes and adjustments in payroll shall be mutually agreed to by the CITY and CHARLES ABBOTT ASSOCIATES before revised hourly rates are applied. 2.5 Employer Duties of CHARLES ABBOTT ASSOCIATES. CHARLES ABBOTT ASSOCIATES shall (1) pay all wages and other remuneration to its employees who are subject to this Agreement; (2) notify CITY of the current payroll prior to each pay period; (3) prepare and file all payroll tax returns and reports; (4) pay all amounts due and owing pursuant to the payroll tax returns and reports which are prepared and filed; (5) prepare, file, and furnish to employees applicable employee tax forms; and (6) prepare and file, with a copy to CITY, applicable employer tax forms. 2.6 Duties of CITY. CITY may (1) provide a workspace for leased personnel subject to this Agreement; (2) the workspace to comply with applicable health and working standards and specifications; (3) comply with all safety engineering and governmental health and safety rules, regulations, directives, orders or similar requirements; (4) make available to the leased employee the City's injury and illness prevention program as required by the Occupational Injury Program Act, also known as Senate Bill 198, and codified at California Labor Code SS 6401.7; (5) post or provide employee notices required by law; and (6) notify CHARLES ABBOTT ASSOCIATES immediately of all employee illnesses, accidents, injuries, and absences. 2.7 Worker's Compensation. CHARLES ABBOTT ASSOCIATES maintains Workers' Compensation and Employers Liability Insurance of a form and in an amount as required by 3 Contract No. C25700s state law and CITY. 3. COMPENSATION 3.1 Fee. CITY agrees to pay within the hourly range rate established in Exhibit A on or before each payment due date. The range rates are based on current CHARLES ABBOTT ASSOCIATES costs and is subject to change when costs change due to factors, which are beyond the control of CHARLES ABBOTT ASSOCIATES (such as insurance, payroll tax, etc.). Any adjustments made will be commensurate with increased costs to CHARLES ABBOTT ASSOCIATES as mutually agreed by the CITY and CHARLES ABBOTT ASSOCIATES. 3.2 Payment Address. All payments due CHARLES ABBOTT ASSOCIATES shall be paid to: C-IARLES ABBOTT ASSOCIATES 27401 Los Altos, Suite 220 Mission Viejo, CA 92691 3.3 Terms of Compensation. Invoices are due within 30 days of receipt. Delinquent payments will be subject to a late payment carrying charge computed at a periodic rate of 1-112% per month, which is an annual percentage rate of 18%, which will be applied to any unpaid balance owed commencing forty-five (45) days after the due date of the original invoice. Additionally, in the event CITY fails to pay any undisputed amounts due CHARLES ABBOTT ASSOCIATES within forty-five (45) days after payment due date, then CITY agrees that CHARLES ABBOTT ASSOCIATES shall have the right to consider said default a total breach of this Agreement and the duties of CHARLES ABBOTT ASSOCIATES under this Agreement may be terminated by CHARLES ABBOTT ASSOCIATES without liability to CHARLES ABBOTT ASSOCIATES upon ten (10) working days advance written notice. 4. SUPERVISION OF EMPLOYEES CITY may supervise the daily activities of leased personnel. Employees shall discharge government responsibilities and perform in accordance with the ordinances, resolutions, rules regulations, and procedures adopted by CITY. CHARLES ABBOTT ASSOCIATES shall have no control over such government responsibilities and such ordinances, resolutions, rules, regulations and procedures. 5. INDEMNIFICATION CHARLES ABBOTT ASSOCIATES shall indemnify, defend required payroll deductions and withholdings, legally required workers' compensation insurance, and 4 Contract No.c25700B health benefits of the employees. CHARLES ABBOTT ASSOCIATES shall also indemnify, defend and hold harmless CITY for any liability arising under the Public Employees Retirement Law, as set forth in California Government Code SS 20000, et seq. CHARLES ABBOTT ASSOCIATES shall also indemnify, defend, and hold harmless CITY from and against any and all claims for any loss or damages for bodily injuries, including death or loss of, damage to or loss of use of property caused by the negligent acts or willful misconduct by CHARLES ABBOTT ASSOCIATES, its officers, directors, employees, agents, subcontractors or suppliers in connection with or arising out of the performance of this Agreement. CITY shall indemnify, defend, and hold harmless CHARLES ABBOTT ASSOCIATES from and against any and ail claims for any loss or damages for bodily injuries, including death or loss of, damage to or loss of use of property to third parties (i.e. not CHARLES ABBOTT ASSOCIATES employees) caused by the negligent acts or willful misconduct by CITY, its officers, directors, employees, agents, subcontractors or suppliers in connection with or arising out of the performance of this Agreement. Nothing contaired above shall preclude either party from asserting, against a third party, any and all protections and immunities, which may pertain to government employees. 6. INSURANCE In addition to the workers' compensation insurance and CHARLES ABBOTT ASSOCIATES covenant to indemnify CITY, CHARLES ABBOTT ASSOCIATES shall obtain and furnish to CITY, a policy of general liability insurance, including motor vehicle coverage covering the project. Said policy shall indemnity CHARLES ABBOTT ASSOCIATES, its officers, agents and employees, while acting within the scope of their duties, against any and all claims of arising out of or in connection with the project, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of $1,000,000 per occurrence. If coverage is provided under a form, which includes a designated general aggregate limit, the aggregate limit must be no less than $1,000,000. Said policy shall name CITY, its officers, and employees as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the project shall be deemed excess coverage and that CHARLES ABBOTT ASSOCIATES' insurance shall be primary. 7. CERFIFICATES OF INSURANCE; ADDITONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CHARLES ABBOTT ASSOCIATES shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; said certificates shall: 1. Provide the name and policy number of each carrier and policy; 2. Shall state that the policy is currently in force; Contract No. c25700B 3. Shall promise to provide that such policies will not be canceled without thirty (30) days prior written notice, except ten (10) days for nonpayment of premium; and 4. Shall state as follows: "The above detailed coverage is not subject to any deductible or self -insured retention, or any other form similar type limitation." CHARLES ABBOTT ASSOCIATES shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requiremert for carrying the foregoing insurance coverages shall not derogate from the provisions for indemnification of CITY by CHARLES ABBOTT ASSOCIATES under tie Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all said policies of insurance. CHARLES ABBOTT ASSOCIATES shall pay, in a prompt and timely manner, the premiums on all insurance herein above required. 8. GENERAL PROVISIONS 8.1 Representation. A CITY representative shall be designated by the CITY and a CHARLES ABBOTT ASSOCIATES' representative shall be designated by CHARLES ABBOTT ASSOCIATES as the primary contact person for each party regarding performance of this Agreement. The following are the designated representatives Buster Scholl, CBO for CHARLES ABBOTT ASSOCIATES City Manager for the City of PALM DESERT 8.2 Legal Action. Should either party to this Agreement bring legal action against the other, the case shall be handled within the County where CITY is located, and the party prevailing in such action shall be entitled to reasonable attorneys' fee which shall be fixed by the judge hearing the case and such fee shall be Included in the judgment. 8.3 Assignment. This Agreement shall not be assignable by either party without the prior written consent of the other party. 8.4 Audit. CITY shall have the right to audit and inspect CHARLES ABBOTT ASSOCIATES' records and accounts covering costs under this Agreement for a period of two years after termination of the Agreement. 8.5 Titles. The titles used in this Agreement are for general reference only and are not part of the Agreement. 8.6 Severability. Should any provision of this Agreement be determined to be unenforceable, such determination shall not affect the remaining provisions. 0 Contract No. C25700s 8.7 Legal Services Subcontracting Prohibited. CHARLES ABBOTT ASSOCIATES and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CHARLES ABBOTT ASSOCIATES understands the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CHARLES ABBOTT ASSOCIATES. 8.8 Extent of Agreement. This Agreement represents the entire and integrated Agreement between CITY and CHARLES ABBOTT ASSOCIATES and supersedes all prior negotiations, representations or agreement, either written or oral. This Agreement may be modified or amended only by a subsequent written agreement signed by both parties. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year first above written. CITY OF PALM DESERT A Municipal Corporation JIM FERGUSON, MAYOR CITY OF PALM DESERT, CALIFORNIA ATTEST: RACHELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA CHARLES ABBOTT ASSOCIATES, INC 27401 Los Altos, Suite 220 Mission Viejo, California 92691 (Signature must be notarized) Contract No. C25700B EXHIBIT A SCHEDULE OF FEES CHARLES ABBOTT ASSOCIATES is pleased to provide the following Fee Schedule for Building and Safety Support services to the City of Palm Desert. SUPPORT SERVICES Senior Combination Inspector (ICC Certified Combination Inspector) Combination Inspector (ICC Certified Building Inspector) Weekend or After Hours $ 90.00 per hour $ 70.00 per hour 1.5 Times hourly rate E:3 Contract No. C257000 AGREEMENT TO PROVIDE STAFFING SERVICES BETWEEN THE CITY OF PALM DESERT AND WILLDAN THIS AGREEMENT is made and entered into this day of 2006, by and between the CITY OF PALM DESERT, hereinafter to as "CITY', AND WILLDAN, hereinafter referred to as "WILLDAN". WITNESSETH: WHEREAS, CITY has certain needs from time to time for temporary personnel with special qualifications to discharge certain of its responsibilities; and WHEREAS, WILLDAN is a California corporation which provides the services of its employees to government agencies for the purpose of discharging the responsibilities of government agencies; and WHEREAS, economic reasons exist which make it in the best interests of CITY to discharge certain of its responsibilities through the use of WILLDAN employees; NOW, THEREFORE, in consideration of the promises, covenants, and warranties hereinafter set forth, the parties hereto mutually agree as follows: DEFINITIONS All terms used in this Agreement shall have the customary meaning afforded such terms unless the same are used in a technical or business context, in which event such terms shall have the technical and/or special meaning normally afforded such terms within the particular trade, industry, or business to which they relate. The following are the definitions of special terms used herein: 1.1 "Current: Payroll" means the payroll set forth on attached Exhibit A and incorporated by this reference. 1.2 "Employees" means those individual persons who are subject to the terms of this Agreement and whose services are identified on attached Exhibit A incorporated by this reference. 1.3 "Employee Tax Forms" means all forms applicable to the payroll which are required by United States, state, and local governments to be provided by an employer to an employee, including U.S. Department of the Treasury, Internal Revenue Service Form W-2 (Wage and Tax Statement) and Form W-4 (Employee's Withholding Allowable Certificate) and Form 1099 (as and if applicable), as well as comparable and/or counterpart forms prescribed by the state and/or local government in which employees are performing services pursuant to this Agreement. Contract No. c25700c 1.4 "Employer Tax Forms" means all forms required to fully and properly report the payroll to the United States, state and/or local governments, includinc United States Department of the Treasure; Internal Revenue Service Form 941 (Employer's Quarterly Federal Tax Return for Federal Income Tax Withhold form Wages and for Federal Insurance Contributions Act Taxes), Form 940 (Employer's Annual Federal Unemployment Tax Return), and comparable and/or counterpart forms prescribed by the state and/or local government in which employees are performing services pursuant to this Agreement. 1.5 "Payment Due Date" means any date on or before the last day of each payroll period. 1.6 "Pay Period" means the interval between payments to employees. 1.7 "Payroll" means the total payroll applicable to all employees and includes the aggregate of net compensation to employees, federal withholding taxes, state and local (if any) withholding taxes, employer and employee costs pursuant to the Federal Insurance Contributions Act, employer costs pursuant: to the Federal Unemployment Tax Act, employer costs for state unemployment taxes (if any), employer costs pursuant to the Voluntary Compensation Plan (if any), and employer listed service fees (as applicable). 2. IMPLEMENTATION 2.1 Relationship of Parties. Effective at the commencement of business on the day of , 2006, WILLDAN will provide CITY those of its employees who are qualified to perform the services identified on attached Exhibit A and CITY hereby accepts such employees on the terms and conditions provided in this Agreement. 2.2 Term of Agreement. This Agreement and the rights and obligations of CITY and WILLDAN shall commence on the effective time and date specified in paragraph 2.1 and shall continue until terminated. Either party may terminate this Agreement upon twenty-four hours notice to the other party. 2.3 Specification of Services and Approval of Compensation. CITY shall specify, and by notice to WILLDAN may accept, modify, or reject the services and/or rate of compensation of any and all employees leased to CITY in accordance with this Agreement. In the event of rejection of services and/or rejection of the rate of compensation of any employee leased to CITY, the lease made by this Agreement shall terminate as to such employee, effective upon receipt by WILLDAN of written notice thereof. For purposes of business and financial accounting between the parties, this Agreement shall be deemed several as to each employee and 1> Contract No. C25700C shall be deemed prorated on a daily or other periodic basis necessary to give effect to the manifest intentions of the contracting parties. 2.4 Changes and Adjustment in Payroll. CITY AND WILLDAN acknowledge the payroll will vary from pay period to pay period by reason of additions, terminations, and changes in compensation rates of employees. It is further acknowledged that the payroll also may vary from pay period to pay period by reason of changes in the rate and/or amount of employee withholding and/or employer payroll contributions and/or costs of employee benefit plans and programs. It is specifically agreed that the amount of all payments coming due and owing from CITY TO WILLDAN shall be adjusted (by increase or decrease, as applicable) to the extent necessary to directly reflect such changes on a current basis. All such changes and adjustments in payroll shall be mutually agreed to by the CITY and WILLDAN before revised hourly rates are applied. 2.5 Employer Duties of WILLDAN. WILLDAN shall (1) pay all wages and other remuneration to its employees who are subject to this Agreement; (2) notify CITY of the current payroll prior to each pay period; (3) prepare and file all payroll tax returns and reports; (4) pay all amounts due and owing pursuant to the payroll tax returns and reports which are prepared and filed; (5) prepare, file, and furnish to employees applicable employee tax forms; and (6) prepare and file, with a copy to CITY, applicable employer tax forms. 2.6 Duties of CITY. CITY may (1) provide a workspace for leased personnel subject to this Agreement; (2) the workspace to comply with applicable health and working standards and specifications; (3) comply with all safety engineer ng and governmental health and safety rules, regulations, directives, orders or similar requirements; (4) make available to the leased employee the City's injury and illness prevention program as required by the Occupational Injury Program Act, also known as Senate Bill 198, and codified at California Labor Code SS 6401.7; (5) post or provide employee notices required by law; and (6) notify WILLDAN immediately of all employee illnesses, accidents, injuries, and absences. 2.7 Worker's Compensation, Health and Other Benefit. WILLDAN maintains Workers' Compensation and Employers Liability Insurance of a form and in an amount as required by state law and CITY. Various health and other benefits are available to employees under a cafeteria plan, which permits each employee to choose the type of benefits he or she will receive. 3. COMPENSATION 3.1 Fee. CITY agrees to pay within the hourly range rate established in Exhibit A on or before each payment due date. The range rates are based on current WILLDAN costs and is subject to change when costs change due Contract No. C25700C to factors, which are beyond the control of WILLDAN (such as insurance, payroll tax, etc.). Any adjustments made will be commensurate with increased costs to WILLDAN as mutually agreed by the CITY and WILLDAN. 3.2 Payment Address. All payments due WILLDAN shall be paid to: VA/ILLDAN 650 Hospitality Lane, Suite 400 San Bernardino, CA 92408 3.3 Terms of Compensation. Invoices are due within 30 days of receipt. Delinquent payments will be subject to a late payment carrying charge computed at a periodic rate of 1-1 /2% per month, which is an annual percentage rate of 18%, which will be applied to any unpaid balance owed commencing forty-five (45) days after the due date of the original invoice. Additionally, in the event CITY fails to pay any undisputed amounts due WILLDAN within forty-five (45) days after payment due date, then CITY agrees that WILLDAN shall have the right to consider said default a total breach of this Agreement and the duties of WILLDAN under this Agreement may be terminated by WILLDAN without liability to WILLDAN upon ten (10) working days advance written notice. 4. SUPERVISION OF EMPLOYEES CITY may supervise the daily activities of leased personnel. Employees shall discharge government responsibilities and perform in accordance with the ordinances, resolutions, rules regulations, and procedures adopted by CITY. WILLDAN shall have no control over such government responsibilities and such ordinances, resolutions, rules, regulations and procedures. 5. INDEMNIFICATION WILLDAN shall indemnify, defend required payroll deductions and withholdings, legally required workers' compensation insurance, and health benefits of the employees. WILLDAN shall also indemnify, defend and hold harmless CITY for any liability arising under the Public Employees Retirement Law, as set forth in California Government Code SS 20000, et seq. WILLDAN shall also indemnify, defend, and hold harmless CITY from and against any and all claims for any loss or damages for bodily injuries, including death or loss of, damage to or loss of use of property caused by the negligent acts or willful misconduct by WILLDAN, its officers, directors, employees, agents, subcontractors or suppliers in connection with or arising out of the performance of this Agreement. CITY shall indemnify, defend, and hold harmless WILLDAN from and against any and all claims for any Icss or damages for bodily injuries, including death or loss of, damage to or loss of use of property to third parties (i.e. not WILLDAN employees) caused by the negligent acts or willful misconduct by CITY, its officers, directors, 2 Contract No. C25700C employees, agents, subcontractors or suppliers in connection with or arising out of the performance of this Agreement. Nothing contained above shall preclude either party from asserting, against a third party, any and all protections and immunities, which may pertain to government employees. 6. INSURANCE In addition to the workers' compensation insurance and WILLDAN covenant to indemnify CITY, WILLDAN shall obtain and furnish to CITY, a policy of general liability insurance, including motor vehicle coverage covering the project. Said policy shall indemnity WILLDAN, its officers, agents and employees, while acting within the scope of their duties, against any and all claims of arising out of or in connection with the project, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of $1,000,000 per occurrence. If coverage is provided under a form, which includes a designated general aggregate limit, the aggregate limit must be no less than $1,000,000. Said policy shall name CITY, its officers, and employees as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the project shall be deemed excess coverage and that WILLDAN's insurance shall be primary. 7. CERFIFICATES OF INSURANCE; ADDITONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, WILLDAN shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the -oregoing insurance coverages as required by this Agreement; said certificates shall: 1. Provide the name and policy number of each carrier and policy; 2. Shall state that the policy is currently in force; 3. Shall promise to provide that such policies will not be canceled or modified without thirty (30) days prior written notice of City; and 4. Shall state as follows: "The above detailed coverage is not subject to any deductible or self -insured retention, or any other form similar type limitation." WILLDAN shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverages shall not derogate from the provisions for indemnification of CITY by WILLDAN under the Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all said policies of insurance. WILLDAN shall pay, in a prompt and timely manner, the premiums on all insurance herein above required. Contract No. C25700C 8. GENERAL PROVISIONS 8.1 Representation. A CITY representative shall be designated by the CITY and a WILLDAN' representative shall be designated by WILLDAN as the primary contact person for each party regarding performance of this Agreement. The following are the designated representatives Ronald L. Espalin, PE, Senior Vice President for WILLDAN City Manager for the City of PALM DESERT 8.2 Legal Action. Should either party to this Agreement bring legal action against the other, the case shall be handled within the County where CITY is located, and the party prevailing in such action shall be entitled to reasona:)le attorneys' fee which shall be fixed by the judge hearing the case and such fee shall be included in the judgment. 8.3 Assignment. This Agreement shall not be assignable by either party without the prior written consent of the other party. 8.4 Audit. CITY shall have the right to audit and inspect WILLDAN's records and accounts covering costs under this Agreement for a period of two years after termination of the Agreement. 8.5 Titles. The titles used in this Agreement are for general reference only and are not part of the Agreement. 8.6 Severability. Should any provision of this Agreement be determined to be unenforceable, such determination shall not affect the remaining provisions. 8.7 Legal Services Subcontracting Prohibited. WILLDAN and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. WILLDAN understands the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by WILLDAN. 8.8 Extent of Agreement. This Agreement represents the entire and integrated Agreement between CITY and WILLDAN and supersedes all prior negotiations, representations or agreement, either written or oral. This Agreement may be modified or amended only by a subsequent written agreement signed by both parties. fJ Contract No. C257000 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year first: above written. CITY OF PALM DESERT A Municipal Corporation WILLDAN 650 Hospitality Lane, Suite 400 San Bernardino, CA 92408 JIM FERGUSON, MAYOR (Signature must be notarized) CITY OF PALM DESERT, CALIFORNIA ATTEST: RACHELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA 7 Contract No. C25700C EXHIBIT A SCHEDULE OF FEES WILLDAN is pleased to provide the following Fee Schedule for Building and Safety Support services to the City of Palm Desert. SUPPORT SERVICES Supervising Building Inspector Senior Building Inspector Building Inspector Assistant Building Inspector Overtime Sundays and Holidays $ 110.00 per hour $ 100.00 per hour $ 90.00 per hour $ 80.00 per hour 1.25 Times hourly 1.70 Times hourly CITY OF PALM DESERT NOTICE OF REQUEST FOR STATEMENT OF QUALIFICATIONS AND INFORMATION FOR INSPECTION SERVICES FOR BUILDING & SAFETY DEPARTMENT PUBLIC NOTICE IS HEREBY GIVEN that the City of Palm Desert will receive sealed proposals for: INSPECTION SERVICES. The City is looking for firms, and or individuals that can provide comprehensive inspection services to include Building, Plumbing, Mechanical and Electrical, and Accessibility inspections by an ICC-certified inspector. The services the City of Palm Desert is seeking will be supplemental to the City Inspection Staff. The contract for the selected proposal will be for a term of one year. The City of Palm Desert Building and Safety Department is asking for a "Request for a Statement of Qualifications and Information" as described in Scope of Services in the bid packet. A qualification panel will evaluate the company's qualifications and abilities, and selected companies will be contacted for interviews. All companies who qualify through this process will be requested to show costs and hours for the total project. Three (3) copies of completed, sealed "Statement of Qualifications and Information" will be accepted at the City of Palm Desert Building and Safety Department, Palm Desert City Hall, 73510 Fred Waring Drive, Palm Desert, CA, until 2:00 P.M., Friday, July 21, 2006, at which time they will be opened. A copy of the Scope of Services may be obtained at the Building and Safety Department located at 73510 Fred Waring Drive, Palm Desert, California, (760) 346-0611. Dated this 22nd day of June, 2006 RACHELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA G:\BldgSfty\Mary Clark\Wpdocs\RFP\RFPNoticeforBidlnspectionServices2006.doc CITY OF PALM DESERT BUILDING AND SAFETY DEPARTMENT REQUEST FOR QUALIFICATIONS AND INFORMATION FOR INSPECTION SERVICES INTRODUCTION The City is looking for firms that can provide comprehensive inspection services to include Building, Plumbing, Mechanical, Electrical, and Accessibility inspections by an ICC-certified inspector. The services the City of Palm Desert is seeking will be supplemental to the City Inspection Staff. The contract from the selected proposal will be for a term of one year. SCOPE OF WORK Building Inspection services provided to the City of Palm Desert need to assure ICC- certified personnel for as -needed building safety inspection services during the construction phase of various new and improvement projects. SUBMISSION REQUIREMENTS 1. Firms only with current building department inspection expertise and experience will be considered. Please submit your firms experience and qualifications. 2. Describe the firms 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 firms strengths in inspection services (i.e. building, electrical, plumbing, mechanical, etc.). 4. Contract inspections are expected to be performed by qualified, certified professionals. 5. Provide insurance capability information. The following minimum coverages are required: • General Liability $1,000,000.00 • Errors and Omissions $1,000,000.00 • Automotive Comprehensive $1,000,000.00 • Workers Compensation $ 500,000.00 6. Provide appropriate cost information. G:BIdgSfty\Mary Clark\Wpdocs\RFP\RFPInspectionServices2006.rtf 1 SELECTION CRITERIA The following general selection criteria will be used to evaluate each consultant firm: 1. Firm's 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. Inspection review cost information. CONTRACT A standard contract approved by the City Attorney will be used. GENERAL INFORMATION 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 firm's proposal no later than Friday, July 21, 2006, at 2:00 p.m. Responses should be delivered to the following address: City of Palm Desert Building and Safety Department 73510 Fred Waring Drive Palm Desert, CA 92260 G:\BldgSfty\Mary Clark\Wpdocs\RFP\RFPInspectionServices200o.rtf 2