West Coast Code Consultants - Agreement for Plan Check and Inspection ServicesAGREEMENT FOR SERVICES
(For contracts over $5,000 - CONSULTANT)
This AGREEMENT made this 19 day of March, 2018, between:
CITY: City of Gilroy, having a principal place of business at
7351 Rosanna Street, Gilroy, California
and CONSULTANT: West Coast Code Consultants, Inc., having a principal place of business at
2400 Camino Ramon, Ste. 240, San Ramon, CA 94583.
ARTICLE 1. TERM OF AGREEMENT
This Agreement will become effective on March 22, 2018 and will continue in effect
March 22, 2021 with up to two, one -year extensions possible through a contract am
unless terminated in accordance with the provisions of Article 7 of this Agreement.
Any lapse in insurance coverage as required by Article 5, Section D of this Agreeme shall
terminate this Agreement regardless of any other provision stated herein.
ARTICLE 2. INDEPENDENT CONTRACTOR STA
It is the express intention of the parties that CONSULTANT is an independent contractor and not
an employee, agent, joint venturer or partner of CITY. Nothing in this Agreement shall be
interpreted or construed as creating or establishing the relationship of employer and employee
between CITY and CONSULTANT or any employee or agent of CONSULTANT. Both parties
acknowledge that CONSULTANT is not an employee for state or federal tax purposes.
CONSULTANT shall not be entitled to any of the rights or benefits afforded to CITY'S
employees, including, without limitation, disability or unemployment insurance, workers'
compensation, medical insurance, sick leave, retirement benefits or any other employment
benefits. CONSULTANT shall retain the right to perform services for others during the term of
this Agreement.
ARTICLE 3. SERVICES TO BE PERFORMED BY CONSULTANT
A. Specific Services
CONSULTANT agrees to: Perform the services as outlined in Exhibit "A" ( "Specific
Provisions ") and Exhibit `B" ( "Scope of Services "), within the time periods described in
Exhibit "C" ( "Milestone Schedule ").
B. Method of Performing Services
CONSULTANT shall determine the method, details and means of performing the above -
described services. CITY shall have no right to, and shall not, control the manner or determine
the method of accomplishing CONSULTANT'S services.
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C. Employment of Assistants
CONSULTANT may, at the CONSULTANT'S own expense, employ such assistants as
CONSULTANT deems necessary to perform the services required of CONSULTANT by this
Agreement, subject to the prohibition against assignment and subcontracting contained in
Article 5 below. CITY may not control, direct, or supervise CONSULTANT'S assistants in the
performance of those services. CONSULTANT assumes full and sole responsibility for the
payment of all compensation and expenses of these assistants and for all state and federal income
tax, unemployment insurance, Social Security, disability insurance and other applicable
withholding.
D. Place of Work
CONSULTANT shall perform the services required by this Agreement at any place or location
and at such times as CONSULTANT shall determine is necessary to properly and timely perform
CONSULTANT'S services.
ARTICLE 4. COMPENSATION
A. Consideration
In consideration for the services to be performed by CONSULTANT, CITY agrees to pay
CONSULTANT the amounts set forth in Exhibit "D" ( "Payment Schedule "). In no event
however shall the total compensation paid to CONSULTANT exceed 15,000.00.
B. Invoices
CONSULTANT shall submit invoices for all services rendered.
C. Payment
Payment shall be due according to the payment schedule set forth in Exhibit "D ". No payment
will be made unless CONSULTANT has first provided City with a written receipt of invoice
describing the work performed and any approved direct expenses (as provided for in
Exhibit "A ", Section M incurred during the preceding period. If CITY objects to all or any
portion of any invoice, CITY shall notify CONSULTANT of the objection within thirty (30)
days from receipt of the invoice, give reasons for the objection, and pay that portion of the
invoice not in dispute. It shall not constitute a default or breach of this Agreement for CITY not
to pay any invoiced amounts to which it has objected until the objection has been resolved by
mutual agreement of the parties.
D. Expenses
CONSULTANT shall be responsible for all costs and expenses incident to the performance of
services for CITY, including but not limited to, all costs of equipment used or provided by
CONSULTANT, all fees, fines, licenses, bonds or taxes required of or imposed against
CONSULTANT and all other of CONSULTANT'S costs of doing business. CITY shall not be
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responsible for any expenses incurred by CONSULTANT in performing services for CITY,
except for those expenses constituting "direct expenses" referenced on Exhibit "A."
ARTICLE 5. OBLIGATIONS OF CONSULTANT
A. Tools and Instrumentalities
CONSULTANT shall supply all tools and instrumentalities required to perform the services
under this Agreement at its sole cost and expense. CONSULTANT is not required to purchase
or rent any tools, equipment or services from CITY.
B. Workers' Compensation
CONSULTANT agrees to provide workers' compensation insurance for CONSULTANT'S
employees and agents and agrees to hold harmless, defend with counsel acceptable to CITY and
indemnify CITY, its officers, representatives, agents and employees from and against any and all
claims, suits, damages, costs, fees, demands, causes of action, losses, liabilities and expenses,
including without limitation reasonable attorneys' fees, arising out of any injury, disability, or
death of any of CONSULTANT'S employees.
C. Indemnification of Liability, Duty to Defend
1. As to professional liability, to the fullest extent permitted by law,
CONSULTANT shall defend, through counsel approved by CITY (which approval shall not be
unreasonably withheld), indemnify and hold harmless CITY, its officers, representatives, agents
and employees against any and all suits, damages, costs, fees, claims, demands, causes of action,
losses, liabilities and expenses, including without limitation attorneys' fees, to the extent arising
or resulting directly or indirectly from any willful or negligent acts, errors or omissions of
CONSULTANT or CONSULTANT'S assistants, employees or agents, including all claims
relating to the injury or death of any person or damage to any property.
2. As to other liability, to the fullest extent permitted by law, CONSULTANT shall
defend, through counsel approved by CITY (which approval shall not be unreasonably withheld),
indemnify and hold harmless CITY, its officers, representatives, agents and employees against
any and all suits, damages, costs, fees, claims, demands, causes of action, losses, liabilities and
expenses, including without limitation attorneys' fees, arising or resulting directly or indirectly
from any act or omission of CONSULTANT or CONSULTANT'S assistants, employees or
agents, including all claims relating to the injury or death of any person or damage to any
property.
D. Insurance
In addition to any other obligations under this Agreement, CONSULTANT shall, at no cost to
CITY, obtain and maintain throughout the term of this Agreement: (a) Commercial Liability
Insurance on a per occurrence basis, including coverage for owned and non -owned automobiles,
with a minimum combined single limit coverage of $1,000,000 per occurrence for all damages
due to bodily injury, sickness or disease, or death to any person, and damage to property,
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including the loss of use thereof; and (b) Professional Liability Insurance (Errors & Omissions)
with a minimum coverage of $1,000,000 per occurrence or claim, and $2,000,000 aggregate;
provided however, Professional Liability Insurance written on a claims made basis must comply
with the requirements set forth below. Professional Liability Insurance written on a claims made
basis (including without limitation the initial policy obtained and all subsequent policies
purchased as renewals or replacements) must show the retroactive date, and the retroactive date
must be before the earlier of the effective date of the contract or the beginning of the contract
work. Claims made Professional Liability Insurance must be maintained, and written evidence
of insurance must be provided, for at least five (5) years after the completion of the contract
work. If claims made coverage is canceled or non - renewed, and not replaced with another
claims -made policy form with a retroactive date prior to the earlier of the effective date of the
contract or the beginning of the contract work, CONSULTANT must purchase so called
"extended reporting" or "tail" coverage for a minimum of five (5) years after completion of
work, which must also show a retroactive date that is before the earlier of the effective date of
the contract or the beginning of the contract work. As a condition precedent to CITY'S
obligations under this Agreement, CONSULTANT shall furnish written evidence of such
coverage (naming CITY, its officers and employees as additional insureds on the Comprehensive
Liability insurance policy referred to in (a) immediately above via a specific endorsement) and
requiring thirty (30) days written notice of policy lapse or cancellation, or of a material change in
policy terms.
E. Assignment
Notwithstanding any other provision of this Agreement, neither this Agreement nor any duties or
obligations of CONSULTANT under this Agreement may be assigned or subcontracted by
CONSULTANT without the prior written consent of CITY, which CITY may withhold in its
sole and absolute discretion.
F. State and Federal Taxes
As CONSULTANT is not CITY'S employee, CONSULTANT shall be responsible for paying
all required state and federal taxes. Without limiting the foregoing, CONSULTANT
acknowledges and agrees that:
• CITY will not withhold FICA (Social Security) from CONSULTANT'S
payments;
• CITY will not make state or federal unemployment insurance contributions on
CONSULTANT'S behalf;
• CITY will not withhold state or federal income tax from payment to
CONSULTANT;
• CITY will not make disability insurance contributions on behalf of
CONSULTANT;
• CITY will not obtain workers' compensation insurance on behalf of
CONSULTANT.
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ARTICLE 6. OBLIGATIONS OF CITY
A. Cooperation of City
CITY agrees to respond to all reasonable requests of CONSULTANT and provide access, at
reasonable times following receipt by CITY of reasonable notice, to all documents reasonably
necessary to the performance of CONSULTANT'S duties under this Agreement.
B. Assignment
CITY may assign this Agreement or any duties or obligations thereunder to a successor
governmental entity without the consent of CONSULTANT. Such assignment shall not release
CONSULTANT from any of CONSULTANT'S duties or obligations under this Agreement.
ARTICLE 7. TERMINATION OF AGREEMENT
A. Sale of Consultant's Business/ Death of Consultant.
CONSULTANT shall notify CITY of the proposed sale of CONSULTANT's business no later
than thirty (30) days prior to any such sale. CITY shall have the option of terminating this
Agreement within thirty (30) days after receiving such notice of sale. Any such CITY
termination pursuant to this Article 7.A shall be in writing and sent to the address for notices to
CONSULTANT set forth in Exhibit A, Subsection V.H., no later than thirty (30) days after
CITY' receipt of such notice of sale.
If CONSULTANT is an individual, this Agreement shall be deemed automatically terminated
upon death of CONSULTANT.
B. Termination by City for Default of Consultant
Should CONSULTANT default in the performance of this Agreement or materially breach any
of its provisions, CITY, at CITY'S option, may terminate this Agreement by giving written
notification to CONSULTANT. For the purposes of this section, material breach of this
Agreement shall include, but not be limited to the following:
1. CONSULTANT'S failure to professionally and/or timely perform any of the
services contemplated by this Agreement.
2. CONSULTANT'S breach of any of its representations, warranties or covenants
contained in this Agreement.
CONSULTANT shall be entitled to payment only for work completed in accordance with the
terms of this Agreement through the date of the termination notice, as reasonably determined by
CITY, provided that such payment shall not exceed the amounts set forth in this Agreement for
the tasks described on Exhibit C" which have been fully, competently and timely rendered by
CONSULTANT. Notwithstanding the foregoing, if CITY terminates this Agreement due to
CONSULTANT'S default in the performance of this Agreement or material breach by
CONSULTANT of any of its provisions, then in addition to any other rights and remedies CITY
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may have, CONSULTANT shall reimburse CITY, within ten (10) days after demand, for any
and all costs and expenses incurred by CITY in order to complete the tasks constituting the scope
of work as described in this Agreement, to the extent such costs and expenses exceed the
amounts CITY would have been obligated to pay CONSULTANT for the performance of that
task pursuant to this Agreement.
C. Termination for Failure to Make Agreed -Upon Payments
Should CITY fail to pay CONSULTANT all or any part of the compensation set forth in Article
4 of this Agreement on the date due, then if and only if such nonpayment constitutes a default
under this Agreement, CONSULTANT, at the CONSULTANT'S option, may terminate this
Agreement if such default is not remedied by CITY within thirty (30) days after demand for such
payment is given by CONSULTANT to CITY.
D. Transition after Termination
Upon termination, CONSULTANT shall immediately stop work, unless cessation could
potentially cause any damage or harm to person or property, in which case CONSULTANT shall
cease such work as soon as it is safe to do so. CONSULTANT shall incur no further expenses in
connection with this Agreement. CONSULTANT shall promptly deliver to CITY all work done
toward completion of the services required hereunder, and shall act in such a manner as to
facilitate any the assumption of CONSULTANT's duties by any new consultant hired by the
CITY to complete such services.
ARTICLE 8. GENERAL PROVISIONS
A. Amendment & Modification
No amendments, modifications, alterations or changes to the terms of this Agreement shall be
effective unless and until made in a writing signed by both parties hereto.
B. Americans with Disabilities Act of 1990
Throughout the term of this Agreement, the CONSULTANT shall comply fully with all
applicable provisions of the Americans with Disabilities Act of 1990 ( "the Act ") in its current
form and as it may be amended from time to time. CONSULTANT shall also require such
compliance of all subcontractors performing work under this Agreement, subject to the
prohibition against assignment and subcontracting contained in Article 5 above. The
CONSULTANT shall defend with counsel acceptable to CITY, indemnify and hold harmless the
CITY OF GILROY, its officers, employees, agents and representatives from and against all suits,
claims, demands, damages, costs, causes of action, losses, liabilities, expenses and fees,
including without limitation reasonable attorneys' fees, that may arise out of any violations of
the Act by the CONSULTANT, its subcontractors, or the officers, employees, agents or
representatives of either.
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C. Attorneys' Fees
If any action at law or in equity, including an action for declaratory relief, is brought to enforce
or interpret the provisions of this Agreement, the prevailing party will be entitled to reasonable
attorneys' fees, which may be set by the court in the same action or in a separate action brought
for that purpose, in addition to any other relief to which that party may be entitled.
D. Captions
The captions and headings of the various sections, paragraphs and subparagraphs of the
Agreement are for convenience only and shall not be considered nor referred to for resolving
questions of interpretation.
E. Compliance with Laws
The CONSULTANT shall keep itself informed of all State and National laws and all municipal
ordinances and regulations of the CITY which in any manner affect those engaged or employed
in the work, or the materials used in the work, or which in any way affect the conduct of the
work, and of all such orders and decrees of bodies or tribunals having any jurisdiction or
authority over the same. Without limiting the foregoing, CONSULTANT agrees to observe the
provisions of the Municipal Code of the CITY OF GILROY, obligating every contractor or
subcontractor under a contract or subcontract to the CITY OF GILROY for public works or for
goods or services to refrain from discriminatory employment or subcontracting practices on the
basis of the race, color, sex, religious creed, national origin, ancestry of any employee, applicant
for employment, or any potential subcontractor.
F. Conflict of Interest
CONSULTANT certifies that to the best of its knowledge, no CITY employee or office of any
public agency interested in this Agreement has any pecuniary interest in the business of
CONSULTANT and that no person associated with CONSULTANT has any interest that would
constitute a conflict of interest in any manner or degree as to the execution or performance of
this Agreement.
G. Entire Agreement
This Agreement supersedes any and all prior agreements, whether oral or written, between the
parties hereto with respect to the rendering of services by CONSULTANT for CITY and
contains all the covenants and agreements between the parties with respect to the rendering of
such services in any manner whatsoever. 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, and that no
other agreement, statement or promise not contained in this Agreement shall be valid or binding.
No other agreements or conversation with any officer, agent or employee of CITY prior to
execution of this Agreement shall affect or modify any of the terms or obligations contained in
any documents comprising this Agreement. Such other agreements or conversations shall be
considered as unofficial information and in no way binding upon CITY.
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H. Governing Law and Venue
This Agreement shall be governed by and construed in accordance with the laws of the State of
California without regard to the conflict of laws provisions of any jurisdiction. The exclusive
jurisdiction and venue with respect to any and all disputes arising hereunder shall be in state and
federal courts located in Santa Clara County, California.
I. Notices
Any notice to be given hereunder by either party to the other may be effected either by personal
delivery in writing or by mail, registered or certified, postage prepaid with return receipt
requested. Mailed notices shall be addressed to the parties at the addresses appearing in
Exhibit "A ", Section V.H. but each party may change the address by written notice in
accordance with this paragraph. Notices delivered personally will be deemed delivered as of
actual receipt; mailed notices will be deemed delivered as of three (3) days after mailing.
J. Partial Invalidity
If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void
or unenforceable, the remaining provisions will nevertheless continue in full force without being
impaired or invalidated in any way.
K. Time of the Essence
All dates and times referred to in this Agreement are of the essence.
L. Waiver
CONSULTANT agrees that waiver by CITY of any one or more of the conditions of
performance under this Agreement shall not be construed as waiver(s) of any other condition of
performance under this Agreement.
Executed at Gilroy, California, on the date and year first above written.
CONSULTANT:
Social Security or Taxpayer
Identification Number 20- 4707579
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CITY:
CITY OF GILROY
,!..I
Name:. iati A raai�_� U�,%�1(?��I/`
Title: Community Development Director
1
Approved as ; o F
City Attorney
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EXHIBIT "A"
SPECIFIC PROVISIONS
I. PROJECT MANAGER
CONSULTANT shall provide the services indicated on the attached Exhibit "B ", Scope of
Services ( "Services "). (All exhibits referenced are incorporated herein by reference.) To
accomplish that end, CONSULTANT agrees to assign Marcus Johnson, who will act in the
capacity of Project Manager, and who will personally direct such Services.
Except as may be specified elsewhere in this Agreement, CONSULTANT shall furnish all
technical and professional services including labor, material, equipment, transportation,
supervision and expertise to perform all operations necessary and required to complete the
Services in accordance with the terms of this Agreement.
H. NOTICE TO PROCEED /COMPLETION OF SERVICE
A. NOTICE TO PROCEED
CONSULTANT shall commence the Services upon delivery to CONSULTANT of a written
"Notice to Proceed ", which Notice to Proceed shall be in the form of a written communication
from designated City contact person(s). Notice to Proceed may be in the form of e-mail, fax or
letter authorizing commencement of the Services. For purposes of this Agreement, Rob Allen,
Building Official shall be the designated City contact person(s). Notice to Proceed shall be
deemed to have been delivered upon actual receipt by CONSULTANT or if otherwise delivered
as provided in the Section V.H. ( "Notices ") of this Exhibit "A ".
B. COMPLETION OF SERVICES
When CITY determines that CONSULTANT has completed all of the Services in accordance
with the terms of this Agreement, CITY shall give CONSULTANT written Notice of Final
Acceptance, and CONSULTANT shall not incur any further costs hereunder. CONSULTANT
may request this determination of completion when, in its opinion, it has completed all of the
Services as required by the terms of this Agreement and, if so requested, CITY shall make this
determination within two (2) weeks of such request, or if CITY determines that CONSULTANT
has not completed all of such Services as required by this Agreement, CITY shall so inform
CONSULTANT within this two (2) week period.
III. PROGRESS SCHEDULE
The schedule for performance and completion of the Services will be as set forth in the attached
Exhibit "C ".
IV. PAYMENT OF FEES AND DIRECT EXPENSES
Payments shall be made to CONSULTANT as provided for in Article 4 of this Agreement.
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Direct expenses are charges and fees not included in Exhibit "B ". CITY shall be obligated to
pay only for those direct expenses which have been previously approved in writing by CITY.
CONSULTANT shall obtain written approval from CITY prior to incurring or billing of direct
expenses.
Copies of pertinent financial records, including invoices, will be included with the submission of
billing(s) for all direct expenses.
V. OTHER PROVISIONS
I:�`fl17• I7 I Z81IM.T[8] 111 :48 WR►(.`1011
CONSULTANT represents and warrants that it has the qualifications, skills and licenses
necessary to perform the Services, and its duties and obligations, expressed and implied,
contained herein, and CITY expressly relies upon CONSULTANT'S representations and
warranties regarding its skills, qualifications and licenses. CONSULTANT shall perform such
Services and duties in conformance to and consistent with the standards generally recognized as
being employed by professionals in the same discipline in the State of California.
Any plans, designs, specifications, estimates, calculations, reports and other documents furnished
under this Agreement shall be of a quality acceptable to CITY. The minimum criteria for
acceptance shall be a product of neat appearance, well - organized, technically and grammatically
correct, checked and having the maker and checker identified. The minimum standard of
appearance, organization and content of the drawings shall be that used by CITY for similar
purposes.
B. RESPONSIBILITY OF CONSULTANT
CONSULTANT shall be responsible for the professional quality, technical accuracy, and the
coordination of the Services furnished by it under this Agreement. CONSULTANT shall not be
responsible for the accuracy of any project or technical information provided by the CITY. The
CITY'S review, acceptance or payment for any of the Services shall not be construed to operate
as a waiver of any rights under this Agreement or of any cause of action arising out of the
performance of this Agreement, and CONSULTANT shall be and remain liable to CITY in
accordance with applicable law for all damages to CITY caused by CONSULTANT'S negligent
performance of any of the services furnished under this Agreement.
C. RIGHT OF CITY TO INSPECT RECORDS OF CONSULTANT
CITY, through its authorized employees, representatives or agents, shall have the right, at any
and all reasonable times, to audit the books and records (including, but not limited to, invoices,
vouchers, canceled checks, time cards, etc.) of CONSULTANT for the purpose of verifying any
and all charges made by CONSULTANT in connection with this Agreement. CONSULTANT
shall maintain for a minimum period of three (3) years (from the date of final payment to
CONSULTANT), or for any longer period required by law, sufficient books and records in
accordance with standard California accounting practices to establish the correctness of all
charges submitted to CITY by CONSULTANT, all of which shall be made available to CITY at
the CITY's offices within five (5) business days after CITY's request.
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D. CONFIDENTIALITY OF MATERIAL
All ideas, memoranda, specifications, plans, manufacturing procedures, data (including, but not
limited to, computer data and source code), drawings, descriptions, documents, discussions or
other information developed or received by or for CONSULTANT and all other written and oral
information developed or received by or for CONSULTANT and all other written and oral
information submitted to CONSULTANT in connection with the performance of this Agreement
shall be held confidential by CONSULTANT and shall not, without the prior written consent of
CITY, be used for any purposes other than the performance of the Services, nor be disclosed to
an entity not connected with the performance of the such Services. Nothing furnished to
CONSULTANT which is otherwise known to CONSULTANT or is or becomes generally
known to the related industry (other than that which becomes generally known as the result of
CONSULTANT'S disclosure thereof) shall be deemed confidential. CONSULTANT shall not
use CITY'S name or insignia, or distribute publicity pertaining to the services rendered under
this Agreement in any magazine, trade paper, newspaper or other medium without the express
written consent of CITY.
E. NO PLEDGING OF CITY'S CREDIT.
Under no circumstances shall CONSULTANT have the authority or power to pledge the credit
of CITY or incur any obligation in the name of CITY.
F. OWNERSHIP OF MATERIAL.
All material including, but not limited to, computer information, data and source code, sketches,
tracings, drawings, plans, diagrams, quantities, estimates, specifications, proposals, tests, maps,
calculations, photographs, reports and other material developed, collected, prepared (or caused to
be prepared) under this Agreement shall be the property of CITY, but CONSULTANT may
retain and use copies thereof subject to Section V.D of this Exhibit "A ".
CITY shall not be limited in any way in its use of said material at any time for any work,
whether or not associated with the City project for which the Services are performed. However,
CONSULTANT shall not be responsible for, and City shall indemnify CONSULTANT from,
damages resulting from the use of said material for work other than PROJECT, including, but
not limited to, the release of this material to third parties for work other than on PROJECT.
G. NO THIRD PARTY BENEFICIARY.
This Agreement shall not be construed or deemed to be an agreement for the benefit of any third
party or parties, and no third party or parties shall have any claim or right of action hereunder for
any cause whatsoever.
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H. NOTICES.
Notices are to be sent as follows:
CITY: Rob Allen, Building Official
City of Gilroy
7351 Rosanna Street
Gilroy, CA 95020
CONSULTANT: West Coast Code Consultants, Inc.
2400 Camino Ramon, Ste. 240
San Ramon, CA 94583
Attn: Marcus Johnson
FEDERAL FUNDING REQUIREMENTS.
❑ If the box to the left of this sentence is checked, this Agreement involves federal
funding and the requirements of this Section V.I. apply.
® If the box to the left of this sentence is checked, this Agreement does not involve
federal funding and the requirements of this Section V.I. do not apply.
1. DBE Program
CONSULTANT shall comply with the requirements of Title 49, Part 26, Code of Federal
Regulations (49 CFR 26) and the City- adopted Disadvantaged Business Enterprise programs.
2. Cost Principles
Federal Acquisition Regulations in Title 48, CFR 31, shall be used to determine the allowable
cost for individual items.
Covenant against Contingent Fees
The CONSULTANT warrants that he /she has not employed or retained any company or person,
other than a bona fide employee working for the CONSULTANT, to solicit or secure this
Agreement, and that he /she has not paid or agreed to pay any company or person, other than a
bona fide employee, any fee, commission, percentage, brokerage fee, gift or any other
consideration, contingent upon or resulting from the award or formation of this Agreement. For
breach or violation of this warranty, the Local Agency shall have the right to annul this
Agreement without liability or, at its discretion, to deduct from the agreement price or
consideration, or otherwise recover, the full amount of such fee, commission, percentage,
brokerage fee, gift or contingent fee.
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EXHIBIT "B"
SCOPE OF SERVICES
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Building & Fire Inspection Services
West Coast Code Consultant's inspectors are experienced in a wide variety of construction types and
occupancies including residential developments, tenant improvements, commercial, institutional,
essential service buildings and industrial projects. WC3 provides our inspectors with all the tools,
reference materials, and equipment needed to perform their duties.
We understand that a positive attitude and customer service skills are critical components to
successful job -site interactions, therefore, we employ inspectors who are experienced and skilled in
dealing with people both at the front counter and in the field. All inspection personnel assigned to
your jurisdiction will be able to read, understand and interpret construction documents, prepare and
maintain accurate records and reports, communicate clearly both verbally and in writing and work
effectively with contractors, the public and jurisdictional staff.
Our staff will contact the Building Official (or his /her designee) for any code interpretations, local
preferences, alternate means /methods requests, etc. Our inspectors will work closely with the
Building Official regarding any field interpretations required for complex code items. If a concern
should arise on a project, our inspection staff will work proactively with all parties to resolve the
issue.
We tailor our inspection services to meet the specific needs of our clients. We maintain a list of highly
qualified personnel we utilize for both full time and interim needs. Inspection services will be sourced
out of our local Sacramento office where we can draw upon our list of qualified candidates for the
department's approval. We will provide inspection services within 24 hours of notification.
Assigned staff will perform continuous or periodic construction inspections to verify that all work is
in conformance with the approved project plans as well as identifying issues of non - compliance with
applicable building codes.
In general, inspection services provided may include, but are not limited to:
► Performing all inspections through your Building Division and under the direction of the
Chief Building Official or his /her designated staff.
► Performing all necessary building inspections in an efficient and courteous manner.
Providing personnel who are professionally qualified and certified, as determined by the
jurisdiction, to perform commercial, industrial and /or residential construction
inspection.
► Projects under construction by permit shall be inspected for compliance with adopted
Building Codes as amended by local ordinance.
► Coordinating inspection services with other pertinent departments as needed.
► Enforcing conditions of approval associated with discretionary permits.
West Coast Code Consultants, Inc. 10
► Qualified inspectors are available within 24 -48 hours of the request from the jurisdiction.
► Overseeing special inspections and conducting investigations as directed by your
department including field and office research and preparation of documents. Input of all
inspection records into the department's permit tracking system, maintenance of all in-
spection records, correction notices, and all documentation related to design changes for
all assigned projects.
► Resolving code interpretation issues in a timely and professional manner.
► Observing each project at the completion of the various stages of construction for
compliance with the appropriate building codes and approved project plans.
► Coordination with the Building Division on all Certificates of Occupancy to confirm that all
applicable departments and regulatory agencies have approved the project.
► We will also participate in any staff meetings and /or trainings as required by your
jurisdiction.
Fire Inspections
Fire inspections by WC3 will be performed for new construction, processes and equipment inspections
to ensure code compliance with all state and local laws and regulations wherein Fire Department
approval is necessary:
► Fire sprinkler welds, rough piping installation, hydrostatic tests;
► Fire pump acceptance tests;
► Pre - engineered fire extinguishing systems;
► Fire alarm system component locations, audibility, functionality;
► Smoke control and exhaust systems;
► Stand -by power systems;
► Fire resistive waLl /floor construction and opening protection;
► Means of egress;
► Public safety radio coverage systems;
► Two -way communication systems;
► Emergency responder radio communication (ERRC) systems;
► Field inspections verifying compliance with adopted building and fire code requirements
and /or approved plans for work being performed under approved permits.
WC3 inspectors assigned to assist with inspections for the City of Gilroy Fire Prevention are currently
certified with the California Office of the State Fire Marshal, National Fire Protection Association, and/
or the International Code Council.
West Coast Code Consultants, Inc. 11
Building & Fire Plan Check Services
WC3 will provide the following scope by performing plan reviews in our locaL office or, if requested, at
the Cities Building Department. Plans will be carefully reviewed for their compliance with the model
codes adopted by the State of California as amended by City of Gilroy. We have read and will comply
with the specifics set forward within the Request for Proposal. Plans are thoroughly reviewed for the
following (as applicable):
► 2016 California Building Code Volume
1 &2
► 2016 California Fire Code
► 2016 California Residential Code
► Title -24 Accessibility
► 2016 California Electrical Code
► 2016 California Green Building Code
► 2016 California Plumbing Code
► 2016 California Energy Code
► 2016 California Mechanical Code
► 2016 Historical Building Code
► OSHPD - 3
► City of Gilroy ordinances
Our structural plan review staff is experienced in reviewing new and retrofit projects utilizing
wood, masonry, reinforced concrete, pre- stressed concrete, structural steel, and light gauge steel
construction. We have reviewed projects using the following codes, standards, and criteria:
► ASCE 7 -10, 31 and 41 ► ACI 318 -11
► NEHRP ► ANSI /AF &PA NDS -08
► FEMA 350, 351, 353, and P -751 ► TMS 402 -11 / ACI 530 -11
► AISC 341 -10, 358 -10, and 360 -10 ► AISI S100 to 5230 -07
► ACI 318 -14 ► NDS for Wood Construction
West Coast Code Consultants, Inc. 12
Plan Review Process & Methodology
Outlined below is the general process WC3 utilizes to provide plan review services. WC3 has the
capacity to provide all of the services requested by City of Gilroy. The following is presented as a
guideline to be adjusted according to the unique processing procedures of your jurisdiction. We will
work with your department in a seamless and timely manner for the review of plans and supporting
documents for code compliance.
Review
► We can easily transition the comment structure in our plan review comment lists into your
department's format.
► An electronic information file specific to your jurisdiction is created to identify items
inherent and of interest to your department. The file is maintained and utilized during
every review, ensuring all preferences and concerns are addressed.
► WC3 understands code interpretations are subject to final review & approval by the Chief
Building Official. it is further understood all plan review comments are subject to review by
the department's staff members.
► Plan reviews will be conducted within time frame guidelines established by the jurisdiction
& identified under the Plan Review Schedule.
► Expedited reviews can be accommodated given a 24 -hour notice.
Process
► Off -site plan reviews are offered and will be performed at WC3 offices.
► We can also provide full or part time in house plan reviewers to suit your needs and assist
in over - the - counter and same -day reviews.
► A courier service will be dispatched for pick -up on the same day when notified by noon, or
otherwise within 24 hours. WC3 will utilize our established shipping service account to pick
up all documents to be delivered to our office at no additional cost to the jurisdiction.
► Correction lists will be electronically sent to the jurisdiction's designated staff member(s)
for inclusion in a consolidated correction letter. Any other applicable correspondence will
be sent via electronic mail.
► All communication with the applicant's designee will be conducted and coordinated as
required to assist in responding to our plan review letters. We will work with your
jurisdiction's preferred method of communication.
► Plan review approval will not be recommended to the jurisdiction until all code compliance
issues are resolved and alL permit issuance requirements of the department are satisfied.
West Coast Code Consultants, Inc. 13
Additional Services
Asa leading consultant with exceptional resources, we also offer the following additional services.
We would be pleased to expand on any of our qualifications:
► Sustainability Review
► Code Enforcement
► Interim Building Official Services
► Development Review and Inspection
► CASp Plan Review and Inspection
Services
Services
► Civil Plan Review Services
► OSHPD 3 Plan Review Services
► Planning Services
► Front Counter /Permit Processing
► Electronic Document Management and
Personnel
Review
► Public Works Plan Review and Field
Inspection
West Coast Code Consultants, Inc. 12
EXHIBIT "C"
MILESTONE SCHEDULE
N/A
4835 - 2267- 0361v1 _1
LAC104706083
EXHIBIT "D"
PAYMENT SCHEDULE
4835 - 2267 -0361 v1
LA004706083
nafflallmirmewl
Professional Service Fees
WC'- proposes the following fees based on a percentage of the plan
review fees.
Complete Building Plan Review 65%
(Includes first, second, and third review)
..... . . 1111..... ................... ..-.1-1 __ ..... _ 1111.. .....
Structural Only Plan Review 45%
... ....... _.. 11 1.111.1111.1 ......... _._._..._..__... ._ .... ...
.
Fire Suppression, Detection & Alarm 65%
System Reviews
.......................... ___ ......................................................._........__.__.-_..._.._..................-----....._..._......................... ........................._.....
Expedited Plan Review 150%
Ki
Schedule of Hourly Billing Rates*
(includes consultation with applicants, Building Official Services, and on-
site review at the conceptual design phase of buildings)
- - Classification Hourly Billing Rate
Principal -in- Charge $140.00
Building Official $130.00
Structural Engineer $125.00
Civil Engineer $120.00
Plan Review Engineer /Architect $110.00
Plans Examiner $95.00
CASp Plans Examiner /Inspector $150.00
Senior Inspector
Fire Inspector
Inspector III
Inspector]]
Inspector]
Permit Technician $70.00
Administrative Support $55.00
Instructor (In House Staff Training) Starting at $750 /class
Overtime on Hourly Rates (if required) 150% of Hourly Rate
* Four (4) Hour minimum on all in house work
Plan review services include an initial review, second
review and a third review (if needed) for approval of
the plans. Any additional time required beyond the
third plan review will be bitted on a percentage of the
standard plan check fee, with prior approval by the
City.
Pick -up and delivery fees are not charged to the City
but processed through WC''s established account.
Preliminary plan reviews, review of revisions after a
project has been approved, review of shop drawings,
and review of deferred submittals will be completed
on an hourly basis with a mutually acceptable not -to-
exceed amount.
For expedited or fast -track projects requested by the
City of Gilroy are generally assessed 150% of the
professional service fees listed to the left proposal
or as mutually agreed upon.
Cost proposal is valid for one (1) year from the start
of the contract. Following years subject to a 3%
annual increase.
�+
Additional Costs
WC' proposes the following reimbursable costs for
miscellaneous expenses to be authorized by the City
of Gilroy prior to charge.
Mileage Current IRS Rate + 15%
Reimb. Expense Actual Cost +15%
Reimbursable expenses may include specialized
equipment rental, and printing costs.
Reimbursements for mileage are for the use of
personal automobiles within the City's limits;
typically by Field Inspectors.
Insurance
West Coast Code Consultants, Inc. has read the
City of Gilroy's insurance requirements and carries
sufficient insurance to comply with the cities
requirements. Upon the award of the contract
the Insurance policy will be provided to the city
meeting all requirements requested.
West Coast Code Consultants, Inc. 21