Item 03 - Consideration of Building and Safety Contract ApprovalAGENDA ITEM NO.3
AGENDA STAFF REPORT
City of West Covina I Office of the City Manager
DATE: August 12, 2019
TO: Mayor and City Council
FROM: David Carmany
Interim City Manager
SUBJECT: CONSIDERATION OF BUILDING AND SAFETY CONTRACT APPROVAL
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute a two (2) year contract with
Willdan for Building and Safety Services.
BACKGROUND:
Historically, the City of West Covina has provided Building services through a fully staffed Building Division of a
Public Works Department. In August of 2016, RKA was awarded an agreement to provide overflow Building
services for plan checking and inspections on an as -needed bassis. In November of 2018, City Hall was
reorganized to eliminate the Public Works Department and create the Community Development Department
(Building, Economic Development, Engineering, and Planning) and the Public Services Department (Community
Services and Maintenance). At around the same time, the Building Official for the City left for employment
outside the City. The City requested RKA to provide Building Official and plan check services which began in
November of 2018. Since that time, RKA's Building Official, plan checkers and City Building staff have continued
to provide a high quality level of service with only a few complaints received by the Community Development
Director. City staff members include two Building Inspectors (one with 24 years with the City) and two Building
Technicians (21 and 18 years with the City).
In June of 2019, as part of the discussions on the Fiscal Year 19-20 Budget, it was determined that the remaining
Building Division positions would be eliminated (vacant and filled positions) and a Building consultant firm would
be contracted to provide all Building services for the City.
DISCUSSION:
On April 18, 2019, staff issued a Request for Proposals (RFP) for City Building and Safety Services. Notifications
of the RFP were sent to 54 consulting firms that provide this type of service. On May 16, 2019, proposals were
received from ten consulting firms:
The proposals were reviewed by four staff members of Community Development for relevant experience,
qualifications of personnel, size of the firm and schedule of costs based on a weighted scale:
Review Criteria Weight
Relevant experience and reputation of the firm as characterized by
performance in projects of similar work as detailed in the scope of
2.5
services
Qualifications, experience and credentials of key personnel
2 5
involved in the proposed services
Experience working for cities as the Building Official
2.5
Consultant's proposed schedule of costs 1=11
Based on the proposal evaluation scores, three consultant firms were invited for interviews. The following criteria
was utilized for the interviews.
Interview Criteria
Weight
Motivation in presentation, experience and credentials of
interviewed personnel.
2 0
Qualifications/experience of assigned staff
1.0
Ability to handle customer service issues
1.0
Ability to work with City employees
1.0
The interviews were held on July 10, 2019 with the top three rated firms. The interview panel consisted of four
members of the Community Development Department and one member from the City Manager's Office. The
results of the interview were as follows.
Consultant Score
Willdan 42.0
RKA 41.8
JAS 36.8
Government Code Sections 4525 through 4528 require that State and local public agencies use Qualifications
Based Selection (QBS) to select architectural, landscape architectural, engineering, and environmental, land
surveying and construction management services. The purpose of the statutes is to make sure that public agencies,
and thereby the public, receive design services from the best design professionals for a project. Public Contract
Code Section 6106 specifies the process on how public agencies may negotiate fees and execute contracts for these
services.
The top two interviewed firms were very close with the interview panel not being unanimous in their
determinations. Based on the scores indicated on the chart above, staff is recommending the selection of Willdan to
provide Building and Safety services for the City of West Covina. Willdan provides Building Official and plan
check services for a range of cities including Adelanto, Big Bear Lake, Cudahy, Grand Terrace, Highland, Loma
Linda, La Puente, Moreno Valley and Rosemead. The proposed Building Official is Patrick Johnson who has 20
years experience in building services. The company has over 250 employees providing some elasticity in the case
of illnesses or prolonged time off by the consultant staff or if there is a need to increase staffing.
OPTIONS:
The City Council has the following options:
1. Approve staffs recommendation;
2. Select another firm based on those that submitted proposals;
3. Reject proposals and direct staff to send out another RFP. This option may not reduce costs any further. This
will delay the process by a minimum of three to four months; or
4. Provide alternative direction.
Fiscal Impact
FISCAL IMPACT:
Building fee expenditures are funded by the General Fund. Willdan will provide plan review services for 70
percent of plan review fees collected. All other services shall be provided at the hourly rate specified on
Attachment No. 1 - Exhibit B. Fees received last year for plan review totaled $1,200,000. Based on last years
plan review fees collected, this approval shall be for an amount not to exceed $940,000.
Attachments
Attachment No. 1 - Professional Services Agreement
L 111M)1101DiemliL X1
CITY OF WEST COVINA
PROFESSIONAL SERVICES AGREEMENT
WITH
WILLDAN ENGINEERING
FOR
BUILDING AND SAFETY SERVICES
THIS AGREEMENT is made and entered into this 6th day of September, 2019 ("Effective
Date'), by and between the CITY OF WEST COVINA, a municipal corporation ("City'), and
WILLDAN ENGINEERING, a California corporation ("Consultant").
WITNESSETH:
A. WHEREAS, City proposes to utilize the services of Consultant as an independent
contractor to City to provide building and safety services, as more fully described herein; and
B. WHEREAS, Consultant represents that it has that degree of specialized expertise
contemplated within California Government Code Section 37103, and holds all necessary
licenses to practice and perform the services herein contemplated, except that if Consultant is
required to but does not yet hold a City business license, it will promptly obtain a business license
and will not provide services to the City until it has done so; and
C. WHEREAS, City and Consultant desire to contract for the specific services
described in Exhibit "A" and desire to set forth their rights, duties and liabilities in connection with
the services to be performed; and
D. WHEREAS, no official or employee of City has a financial interest, within the
provisions of Sections 1090-1092 of the California Government Code, in the subject matter of this
Agreement.
E. WHEREAS, Consultant responded to the City's Request for Proposals dated
4/18/19, incorporated via this reference as if fully set forth herein, and Consultant's response to
the Request for Proposals was a material inducement to the City ultimately entering into this
agreement.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions
contained herein, the parties hereby agree as follows:
1.0. SERVICES PROVIDED BY CONSULTANT
1.1. Scope of Services. Consultant shall provide the professional services described
in the Scope of Services attached hereto as Exhibit "A," incorporated herein by this reference.
1.2. Professional Practices. All professional services to be provided by Consultant
pursuant to this Agreement shall be provided by personnel experienced in their respective fields
and in a manner consistent with the standards of care, diligence and skill ordinarily exercised by
professional consultants in similar fields and circumstances in accordance with sound
professional practices. Consultant also warrants that it is familiar with all laws that may affect its
performance of this Agreement and shall advise City of any changes in any laws that may affect
Consultant's performance of this Agreement. Consultant shall keep itself informed of State and
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Federal laws and regulations which in any manner affect those employed by it or in anyway affect
the performance of its service pursuant to this Agreement. The Consultant shall at all times
observe and comply with all such laws and regulations. City Officers and employees shall not be
liable at law or in equity for any claims or damages occurring as a result of failure of the Consultant
to comply with this section.
1.3. Performance to Satisfaction of City. Consultant agrees to perform all the work to
the reasonable satisfaction of the City. Evaluations of the work will be conducted by the City
Manager or his or her designee. If the quality of work is not satisfactory, City in its discretion has
the right to:
(a) Meet with Consultant to review the quality of the work and resolve the
matters of concern;
(b) Require Consultant to repeat the work at no additional fee until it is
satisfactory; and/or
(c) Terminate the Agreement as hereinafter set forth.
1.4. Warranty. Consultant warrants that it shall perform the services required by this
Agreement in compliance with all applicable Federal and California employment laws, including,
but not limited to, those laws related to minimum hours and wages; occupational health and
safety; fair employment and employment practices; workers' compensation; and all other Federal,
State and local laws and ordinances applicable to the services required under this Agreement.
1.5. Non-discrimination. In performing this Agreement, Consultant shall not engage in,
nor permit its agents to engage in, discrimination in employment of persons because of their race,
religion, color, national origin, ancestry, age, physical or intellectual disability, medical condition,
genetic information, pregnancy, marital status, sex, gender, gender identity, gender expression,
or sexual orientation, except as permitted pursuant to Section 12940 of the Government Code.
1.6. Non -Exclusive Agreement. Consultant acknowledges that City may enter into
agreements with other consultants for services similar to the services that are subject to this
Agreement or may have its own employees perform services similar to those services
contemplated by this Agreement.
1.7. Confidentiality. Employees of Consultant in the course of their duties may have
access to financial, accounting, statistical, and personnel data of private individuals and
employees of City. Consultant covenants that all data, documents, discussion, or other
information developed or received by Consultant or provided for performance of this Agreement
are deemed confidential and shall not be disclosed by Consultant without written authorization by
City. City shall grant such authorization if disclosure is required by law. All City data shall be
returned to City upon the termination of this Agreement. Consultant's covenant under this Section
shall survive the termination of this Agreement.
1.8 Public Records Act Disclosure. Consultant has been advised and is aware that
this Agreement and all reports, documents, information and data, including, but not limited to,
computer tapes, discs or files furnished or prepared by Consultant, or any of its subcontractors,
pursuant to this Agreement and provided to City may be subject to public disclosure as required
by the California Public Records Act (California Government Code Section 6250 et seq.).
Exceptions to public disclosure may be those documents or information that qualify as trade
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secrets, as that term is defined in the California Government Code Section 6254.7, and of which
Consultant informs City of such trade secret. The City will endeavor to maintain as confidential all
information obtained by it that is designated as a trade secret. The City shall not, in any way, be
liable or responsible for the disclosure of any trade secret including, without limitation, those
records so marked if disclosure is deemed to be required by law or by order of the Court.
2.0. COMPENSATION AND BILLING
2.1. Compensation. Consultant shall be paid in accordance with the fee schedule set
forth in Exhibit " B," attached hereto and made a part of this Agreement (the "Fee Schedule").
2.2. Additional Services. Consultant shall not receive compensation for any services
provided outside the scope of services specified in the Consultant's Proposal unless the City,
prior to Consultant performing the additional services, approves such additional services in
writing. It is specifically understood that oral requests and/or approvals of such additional services
or additional compensation shall be barred and are unenforceable. Should the City request in
writing additional services that increase the hereinabove described "SCOPE OF SERVICES", an
additional fee based upon the Consultant's standard hourly rates shall be paid to the Consultant
for such additional services. Such increase in additional fees shall be limited to 25% of the total
contract sum or to the maximum total contract amount of $25,000, whichever is greater. The City
Manager is authorized to approve a Change Order for such additional services.
2.3. Method of Billing. Consultant may submit invoices to the City for approval on a
progress basis, but no more often than once a month. Said invoice shall be based on the total of
all Consultant's services which have been completed to City's sole satisfaction. City shall pay
Consultant's invoice within forty-five (45) days from the date City receives said invoice. Each
invoice shall describe in detail the services performed, the date of performance, and the
associated time for completion. Any additional services approved and performed pursuant to this
Agreement shall be designated as "Additional Services" and shall identify the number of the
authorized change order, where applicable, on all invoices.
2.4. Records and Audits. Records of Consultant's services relating to this Agreement
shall be maintained in accordance with generally recognized accounting principles and shall be
made available to City for inspection and/or audit at mutually convenient times from the Effective
Date until three (3) years after termination of this Agreement.
3.0. TIME OF PERFORMANCE
3.1. Commencement and Completion of Work. The professional services to be
performed pursuant to this Agreement shall commence within five (5) days from the Effective Date
of this Agreement. Failure to commence work in a timely manner and/or diligently pursue work
to completion may be grounds for termination of this Agreement.
3.2. Excusable Delays. Neither party shall be responsible for delays or lack of
performance resulting from acts beyond the reasonable control of the party or parties. Such acts
shall include, but not be limited to, acts of God, fire, strikes, material shortages, compliance with
laws or regulations, riots, acts of war, or any other conditions beyond the reasonable control of a
party. If a delay beyond the control of the Consultant is encountered, a time extension may be
mutually agreed upon in writing by the City and the Consultant. The Consultant shall present
documentation satisfactory to the City to substantiate any request for a time extension.
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4.0. TERM AND TERMINATION
4.1. Term. This Agreement shall commence on the Effective Date and continue
through September 1, 2021, unless previously terminated as provided herein or as otherwise
agreed to in writing by the parties. Thereafter, this Agreement may be renewed for a maximum
of successive one (1) year terms not to exceed three (3) years. Such renewal will be evidenced
by a written Amendment upon written notice of City given to Consultant at any time prior to the
expiration date of the Agreement.
4.2. Notice of Termination. The City reserves and has the right and privilege of
canceling, suspending or abandoning the execution of all or any part of the work contemplated
by this Agreement, with or without cause, at any time, by providing at least fifteen (15) days prior
written notice to Consultant. In the event of such termination, Consultant shall immediately stop
rendering services under this Agreement unless directed otherwise by the City. If the City
suspends, terminates or abandons a portion of this Agreement such suspension, termination or
abandonment shall not make void or invalidate the remainder of this Agreement.
If the Consultant defaults in the performance of any of the terms or conditions of this
Agreement, it shall have ten (10) days after service upon it of written notice of such default in
which to cure the default by rendering a satisfactory performance. In the event that the Consultant
fails to cure its default within such period of time, the City shall have the right, notwithstanding
any other provision of this Agreement, to terminate this Agreement without further notice and
without prejudice to any other remedy to which it may be entitled to at law, in equity, or under this
Agreement.
The City also shall have the right, notwithstanding any other provisions of this Agreement,
to terminate this Agreement, at its option and without prejudice to any other remedy to which it
may be entitled to at law, in equity, or under this Agreement, immediately upon service of written
notice of termination on the Consultant, if the latter should:
a. Be adjudged a bankrupt;
b. Become insolvent or have a receiver of its assets or property appointed
because of insolvency;
C. Make a general assignment for the benefit of creditors;
d. Default in the performance of any obligation or payment of any
indebtedness under this Agreement;
e. Suffer any judgment against it to remain unsatisfied or unbonded of record
for thirty (30) days or longer; or
Institute or suffer to be instituted any procedures for reorganization or
rearrangement of its affairs.
4.3. Compensation. In the event of termination, City shall pay Consultant for
reasonable costs incurred and professional services satisfactorily performed up to and including
the effective date of the City's written notice of termination, within forty-five (45) days after the
effective date of the notice of termination or the final invoice of the Consultant, whichever occurs
last. Compensation for work in progress shall be prorated based on the percentage of work
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completed as of the effective date of termination in accordance with the fees set forth herein.
4.4. Documents. In the event of termination of this Agreement, all documents prepared
by Consultant in its performance of this Agreement including, but not limited to, finished or
unfinished design, development and construction documents, data studies, drawings, maps and
reports, shall be delivered to the City within ten (10) days of the effective date of the notice of
termination, at no cost to City.
5.0. INSURANCE
5.1. Minimum Scope and Limits of Insurance. Consultant shall obtain, maintain, and
keep in full force and effect during the life of this Agreement all of the following minimum scope
of insurance coverages with an insurance company admitted to do business in California, rated
"A," Class X, or better in the most recent Best's Key Insurance Rating Guide, and approved by
City:
(a) Broad -form commercial general liability, in a form at least as broad as ISO
from #CG 00 01 11 88, including premises -operations, products/completed
operations, broad form property damage, blanket contractual liability,
independent contractors, personal injury or bodily injury with a policy limit
of not less than One Million Dollars ($1,000,000.00), combined single limits,
per occurrence. If such insurance contains a general aggregate limit, it shall
apply separately to this Agreement or shall be twice the required
occurrence limit.
(b) Business automobile liability for owned vehicles, hired, and non -owned
vehicles, with a policy limit of not less than One Million Dollars
($1,000,000.00), combined single limits, per occurrence for bodily injury
and property damage.
(c) Workers' compensation insurance as required by the State of California.
Consultant agrees to waive, and to obtain endorsements from its workers'
compensation insurer waiving subrogation rights under its workers'
compensation insurance policy against the City, its officers, agents,
employees, and volunteers for losses arising from work performed by
Consultant for the City and to require each of its subcontractors, if any, to
do likewise under their workers' compensation insurance policies.
By execution of this Agreement, the Consultant certifies as follows:
I am aware of, and will comply with, Section 3700 of the Labor
Code, requiring every employer to be insured against liability of
Workers' Compensation or to undertake self-insurance before
commencing any of the work.
The Consultant shall also comply with Section 3800 of the Labor Code by
securing, paying for and maintaining in full force and effect for the duration
of this Agreement, complete Workers' Compensation Insurance, and shall
furnish a Certificate of Insurance to the City before execution of this
Agreement by the City. The City, its officers and employees shall not be
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responsible for any claims in law or equity occasioned by failure of the
consultant to comply with this section.
(d) Professional errors and omissions ("E&O") liability insurance with policy
limits of not less than One Killion Dollars ($1,000,000.00), combined single
limits, per occurrence and aggregate. Architects' and engineers' coverage
shall be endorsed to include contractual liability. If the policy is written as a
"claims made" policy, the retroactivity date shall be prior to the start of the
contract work. Consultant shall obtain and maintain said E&O liability
insurance during the life of this Agreement and for three years after
completion of the work hereunder.
If the Consultant maintains higher limits or has broader coverage than the minimums
shown above, the City requires and shall be entitled to all coverage, and to the higher limits
maintained by the Consultant. Any available insurance proceeds in excess of the specified
minimum limits of insurance and coverage shall be available to the City.
5.2. Endorsements. The commercial general liability insurance policy and business
automobile liability policy shall contain or be endorsed to contain the following provisions:
(a) Additional insureds: "The City of West Covina and its elected and
appointed boards, officers, officials, agents, employees, and volunteers are
additional insureds with respect to: liability arising out of activities
performed by or on behalf of the Consultant pursuant to its contract with
the City; products and completed operations of the Consultant; premises
owned, occupied or used by the Consultant; automobiles owned, leased,
hired, or borrowed by the Consultant."
(b) Notice: "Said policy shall not terminate, be suspended, or voided, nor shall
it be cancelled, nor the coverage or limits reduced, until thirty (30) days
after written notice is given to City."
(c) Other insurance: "The Consultant's insurance coverage shall be primary
insurance as respects the Cityof WestCovina, its officers, officials, agents,
employees, and volunteers. Any other insurance maintained by the City of
West Covina shall be excess and not contributing with the insurance
provided by this policy."
(d) Any failure to comply with the reporting provisions of the policies shall not
affect coverage provided to the City of West Covina, its officers, officials,
agents, employees, and volunteers.
(e) The Consultant's insurance shall apply separately to each insured against
whom claim is made or suit is brought, except with respect to the limits of
the insurer's liability.
5.3. Deductible or Self Insured Retention. If any of such policies provide for a deductible
or self -insured retention to provide such coverage, the amount of such deductible or self -insured
retention shall be approved in advance by City.
5.4. Certificates of Insurance. Consultant shall provide to City certificates of insurance
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showing the insurance coverages and required endorsements described above, in a form and
content approved by City, prior to performing any services under this Agreement.
5.5. Non -limiting. Nothing in this Section shall be construed as limiting in any way the
indemnification provision contained in this Agreement.
6.0. GENERAL PROVISIONS
6.1. Entire Agreement. This Agreement constitutes the entire agreement between the
parties with respect to any matter referenced herein and supersedes any and all other prior
writings and oral negotiations. This Agreement may be modified only in writing, and signed by
the parties in interest at the time of such modification.
6.2. Representatives. The City Manager or his or her designee shall be the
representative of City for purposes of this Agreement and may issue all consents, approvals,
directives and agreements on behalf of the City, called for by this Agreement, except as otherwise
expressly provided in this Agreement.
Consultant shall designate a representative for purposes of this Agreement who
shall be authorized to issue all consents, approvals, directives and agreements on behalf of
Consultant called for by this Agreement, except as otherwise expressly provided in this
Agreement.
6.3. Key Personnel. It is the intent of both parties to this Agreement that Consultant
shall make available the professional services of Patrick Johnson, Building Official, who shall
coordinate directly with City. Any substitution of key personnel must be approved in advance by
City's Representative and the Agreement shall be amended to reflect the changes.
6.4. Notices. Any notices, documents, correspondence or other communications
concerning this Agreement or the work hereunder may be provided by personal delivery, Email
or by U.S. mail. If by U.S. mail, it shall be addressed as set forth below and placed in a sealed
envelope, postage prepaid, and deposited in the United States Postal Service. Such
communication shall be deemed served or delivered: a) at the time of delivery if such
communication is sent by personal delivery; b) at the time of transmission if such communication
is sent by Email; and c) 72 hours after deposit in the U.S. K/lail as reflected by the official U.S.
postmark if such communication is sent through regular United States mail.
IF TO CONSULTANT:
Willdan Engineering
13191 Crossroads Parkway North,
Industry, CA 91746-3443
Tel: 562-908-6200
Email: pjohnson@willdan.com
Attn: Patrick Johnson
IF TO CITY:
City of West Covina
Suite 405 1444 West Garvey Ave. South
West Covina, CA 91790
Tel: 626-939-8423
Email: jnderson@westcovina.org
Attn: Jeff Anderson
6.5. Attorneys' Fees. If litigation is brought by any party in connection with this
Agreement against another party, the prevailing party shall be entitled to recover from the
opposing party all costs and expenses, including reasonable attorneys' fees, incurred by the
prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of
any of the terms, conditions, or provisions hereof.
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6.6. Governing Law. This Agreement shall be governed by and construed under the
laws of the State of California without giving effect to that body of laws pertaining to conflict of
laws. In the event of any legal action to enforce or interpret this Agreement, the parties hereto
agree that the sole and exclusive venue shall be a court of competent jurisdiction located in Los
Angeles County, California.
6.7. Assignment. Consultant shall not voluntarily or by operation of law assign,
transfer, sublet or encumber all or any part of Consultant's interest in this Agreement without
City's prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall
be void and shall constitute a breach of this Agreement and cause for termination of this
Agreement. Regardless of City's consent, no subletting or assignment shall release Consultant
of Consultant's obligation to perform all other obligations to be performed by Consultant
hereunder for the term of this Agreement.
6.8. Indemnification and Hold Harmless. Consultant agrees to defend, indemnify, hold
free and harmless the City, its elected and appointed officials, officers, agents and employees, at
Consultant's sole expense, from and against any and all claims, demands, actions, suits or other
legal proceedings brought against the City, its elected and appointed officials, officers, agents
and employees arising out of, pertaining to, or relating to the negligence, recklessness, or willful
misconduct of the Consultant, its employees, and/or authorized subcontractors, in performing this
Agreement. The defense obligation provided for hereunder shall apply without any advance
showing of negligence, recklessness orwillful misconductof the Consultant, its employees, and/or
authorized subcontractors, but shall be required whenever any claim, action, complaint, or suit
asserts as its basis the negligence, recklessness, or willful misconduct of the Consultant, its
employees, and/or authorized subcontractors, and/or whenever any claim, action, complaint or
suit asserts liability against the City, its elected and appointed officials, officers, agents and
employees based upon such negligence, recklessness, or willful misconduct, whether or not the
Consultant, its employees, and/or authorized subcontractors are specifically named or otherwise
asserted to be liable. Notwithstanding the foregoing, the Consultant shall not be liable for the
defense or indemnification of the City for claims, actions, complaints or suits arising out of the
sole active negligence or willful misconduct of the City. This provision shall supersede and
replace all other indemnity provisions contained in the City's specifications, which shall be of no
force and effect.
6.9. Independent Contractor. Consultant is and shall be acting at all times as an
independent contractor and not as an employee of City. Consultant shall have no power to incur
any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent.
Neither City nor any of its agents shall have control over the conduct of Consultant or any of
Consultant's employees, except as set forth in this Agreement. Consultant shall not, at any time,
or in any manner, represent that it or any of its or employees are in any manner agents or
employees of City. Consultant shall secure, at its sole expense, and be responsible for any and
all payment of Income Tax, Social Security, State Disability Insurance Compensation,
Unemployment Compensation, and other payroll deductions for Consultant and its officers,
agents, and employees, and all business licenses, if any are required, in connection with the
services to be performed hereunder. Consultant shall indemnify and hold City harmless from any
and all taxes, assessments, penalties, and interest asserted against City by reason of the
independent contractor relationship created by this Agreement. Consultant further agrees to
indemnify and hold City harmless from any failure of Consultant to comply with the applicable
worker's compensation laws. City shall have the right to offset against the amount of any fees due
to Consultant under this Agreement any amount due to City from Consultant as a result of
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Consultant's failure to promptly pay to City any reimbursementor indemnification arising under
this paragraph.
6.10. PERS Eligibility Indemnification. In the event that Consultant or any employee,
agent, or subcontractor of Consultant providing services under this Agreement claims or is
determined by a court of competent jurisdiction or the California Public Employees Retirement
System (PERS) to be eligible for enrollment in PERS as an employee of the City, Consultant shall
indemnify, defend, and hold harmless City for the payment of any employee and/or employer
contributions for PERS benefits on behalf of Consultant or its employees, agents, or
subcontractors, as well as for the payment of any penalties and interest on such contributions,
which would otherwise be the responsibility of City.
Notwithstanding any other agency, state or federal policy, rule, regulation, law or
ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors
providing service under this Agreement shall not qualify for or become entitled to, and hereby
agree to waive any claims to, any compensation, benefit, or any incident of employment by City,
including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to
any contribution to be paid by City for employer contribution and/or employee contributions for
PERS benefits.
6.11. Cooperation. In the event any claim or action is brought against City relating to
Consultant's performance or services rendered under this Agreement, Consultant shall render
any reasonable assistance and cooperation which City might require.
6.12. Ownership of Documents. All findings, reports, documents, information and data
including, but not limited to, computer tapes or discs, files and tapes furnished or prepared by
Consultant or any of its subcontractors in the course of performance of this Agreement, shall be
and remain the sole property of City. Consultant agrees that any such documents or information
shall not be made available to any individual or organization without the prior consent of City. Any
use of such documents for other projects not contemplated by this Agreement, and any use of
incomplete documents, shall be at the sole risk of City and without liability or legal exposure to
Consultant. City shall indemnify and hold harmless Consultant from all claims, damages, losses,
and expenses, including attorneys' fees, arising out of or resulting from City's use of such
documents for other projects not contemplated by this Agreement or use of incomplete documents
furnished by Consultant. Consultant shall deliver to City any findings, reports, documents,
information, data, in any form, including but not limited to, computer tapes, discs, files audio tapes
or any other Project related items as requested by City or its authorized representative, at no
additional cost to the City. Consultant or Consultant's agents shall execute such documents as
may be necessary from time to time to confirm City's ownership of the copyright in such
documents.
6.13. Electronic Safeguards. Consultant shall identify reasonably foreseeable internal
and external risks to the privacy and security of personal information that could result in the
unauthorized disclosure, misuse, alteration, destruction or other compromise of the information.
Consultant shall regularly assess the sufficiency of any safeguards and information security
awareness training in place to control reasonably foreseeable internal and external risks, and
evaluate and adjust those safeguards in light of the assessment.
6.14. Economic Interest Statement. Consultant hereby acknowledges that pursuant to
Government Code Section 87300 and the Conflict of Interest Code adopted by City hereunder,
Consultant is designated in said Conflict of Interest Code and is therefore required to file an
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Economic Interest Statement (Form 700) with the City Clerk, for each employee providing advice
under this Agreement, prior to the commencement of work, unless waived by the City Manager.
6.15. Conflict of Interest. Consultant and its officers, employees, associates and
subconsultants, if any, will comply with all conflict of interest statutes of the State of California
applicable to Consultant's services under this agreement, including, but not limited to, the Political
Reform Act of 1974 (Government Code Section 81000, et seq.) and Government Code Sections
1090-1092. Consultant covenants that none of Consultant's officers or principals have any
interest in, or shall acquire any interest, directly or indirectly, which will conflict in any manner or
degree with the performance of the services hereunder, including in any manner in violation of
the Political Reform Act. Consultant further covenants that in the performance of this Agreement,
no person having such interest shall be used by Consultant as an officer, employee, agent, or
subconsultant. Consultant further covenants that Consultant has not contracted with nor is
performing any services, directly or indirectly, with any developer(s) and/or property owner(s)
and/or firm(s) and/or partnership(s) owning property in the City and further covenants and agrees
that Consultant and/or its subconsultants shall provide no service or enter into any agreement or
agreements with a/any developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s)
owning property in the City prior to the completion of the work under this Agreement.
6.16. Prohibited Employment. Consultant will not employ any regular employee of City
while this Agreement is in effect.
6.17. Order of Precedence. In the event of an inconsistency in this Agreement and any
of the attached Exhibits, the terms set forth in this Agreement shall prevail. If, and to the extent
this Agreement incorporates by reference any provision of any document, such provision shall be
deemed a part of this Agreement. Nevertheless, if there is any conflict among the terms and
conditions of this Agreement and those of any such provision or provisions so incorporated by
reference, this Agreement shall govern over the document referenced.
6.18. Costs. Each party shall bear its own costs and fees incurred in the preparation
and negotiation of this Agreement and in the performance of its obligations hereunder except as
expressly provided herein.
6.19. No Third Party Beneficiary Rights. This Agreement is entered into for the sole
benefit of City and Consultant and no other parties are intended to be direct or incidental
beneficiaries of this Agreement and no third party shall have any right in, under or to this
Agreement.
6.20. Headings. Paragraphs and subparagraph headings contained in this Agreement
are included solely for convenience and are not intended to modify, explain or to be a full or
accurate description of the content thereof and shall not in any way affect the meaning or
interpretation of this Agreement.
6.21. Amendments. Only a writing executed by the parties hereto or their respective
successors and assigns may amend this Agreement.
6.22. Waiver. The delay or failure of either party at any time to require performance or
compliance by the other of any of its obligations or agreements shall in no way be deemed a
waiver of those rights to require such performance or compliance. No waiver of any provision of
this Agreement shall be effective unless in writing and signed by a duly authorized representative
of the party against whom enforcement of a waiver is sought. The waiver of any right or remedy
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in respect to any occurrence or event shall not be deemed a waiver of any right or remedy in
respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver.
6.23. Severability. If any provision of this Agreement is determined by a court of
competent jurisdiction to be unenforceable in any circumstance, such determination shall not
affect the validity or enforceability of the remaining terms and provisions hereof or of the offending
provision in any other circumstance. Notwithstanding the foregoing, if the value of this
Agreement, based upon the substantial benefit of the bargain for any party, is materially impaired,
which determination made by the presiding court or arbitrator of competent jurisdiction shall be
binding, then both parties agree to substitute such provision(s) through good faith negotiations.
6.24. Counterparts and Electronic Signatures. This Agreement may be executed in one
or more counterparts, each of which shall be deemed an original. All counterparts shall be
construed together and shall constitute one agreement. Counterpart written signatures may be
transmitted by facsimile, email or other electronic means and have the same legal effect as if they
were original signatures.
6.25. Corporate Authority. The persons executing this Agreement on behalf of the
parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said
parties and that by doing so the parties hereto are formally bound to the provisions of this
Agreement.
6.26 Taxpayer Identification Number. Consultant shall provide City with a complete
Request for Taxpayer Identification Number and Certification, Form W 9, as issued by the Internal
Revenue Service.
[SIGNATURE PAGE FOLLOWS]
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r.' YI II:[ - .I L[IN]
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
by and through their respective authorized officers, as of the date first above written.
CITY OF WEST COVINA,
A municipal corporation
Mayor
CONSULTANT
Patrick Johnson
Deputy Director of Building and Safety
ATTEST:
Assistant City Clerk
APPROVED AS TO FORM:
Thomas P. Duarte
City Attorney
IJa W 96 HERAC671\6910A1 91"
Risk Management
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Date:
Date:
Date:
Date:
Willdan Engineering
EXHIBIT A
SCOPE OF SERVICES
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A. General Responsibilities
Under the direction of the Community Development Director, the selected firm would
assume the responsibility for the operation of the Building and Safety Division and would
provide the range of expertise necessary to carry out the normal and day-to-day activities
and functions of the Division. This includes, but not limited to providing professional
services in all the following areas: Building Official services, development review of new
projects, counter assistance, plan checking, building code compliance, and "on -call"
inspection services. It is the City's intent to select one (1) firm to provide the requested
services.
The City of West Covina is committed to providing the most efficient and timely customer
service possible to meet the needs of the community. The selected firm will be expected
to provide excellent front-line customer services to the City's patrons, responding quickly
and effectively to the walk-in, telephone, and electronic inquiries from the public related
to Building and Safety services. The selected firm will be expected to work closely with
all City departments and divisions and ensure that the appropriate requirements of those
departments and divisions are incorporated in the Building and Safety Division's operating
standards and processes.
B. Building Official Services
The selected firm shall provide a highly qualified individual to serve as the City's Building
Official. The Building Official shall oversee plan checking, building and grading
inspections, building code compliance, and acts as an official City representative on
building related matters. Service will include but are not limited to the following:
1. Quality control review of plan checks and inspections
2. Building Code updates and adoption
3. Resolution of resident inquiries and complaints
4. Building Official Administration, processing of complex Building Code issues and
dispute resolution
5. Maintain and update the Building and Safety counter brochures and "hand-outs"
6. Monthly reporting of Building and Safety activities and annual reporting
7. Participate in pre -development review and provide comments
8. Attendance of pre -development review meetings
9. Processing of City Council staff reports (as needed)
10.Attendance at Planning Commission and City Council meetings (as needed)
The ideal proposal would include an International Code Council (ICC) Certified Building
Official who is available to be at the City part-time (10 hours minimum) and as needed,
has at least 5 years of Building Official experience, is customer -service oriented, and has
experience with managing multiple tasks, assignments and responsibilities. The Building
Official shall also be available on an as needed basis for questions and quality control of
work during the time he/she is not at City Hall.
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C. Inspection Services
The selected firm shall provide a Building Inspector, acceptable to the Community
Development Director, on an as needed/on-call basis to provide Building and Safety
Services. Specific responsibilities include but are not limited to the following:
1. Inspection services (residential, commercial, and other nonresidential projects) for
building code, accessibility, grading, building, electrical, mechanical, plumbing,
etc.
2. Maintain permit forms and handout materials related to permit requirements and
issuance
3. Handle project inquiries and resolve complaints
4. Maintain records and files concerning construction permits and building code
administration (including documents for storage and/or imaging)
The ideal proposal would include an International Code Council (ICC) certified Building
Inspector who is available to be at the City as needed/on-call, has at least 5 years of
building inspection experience inspecting residential, commercial, and mixed -used
buildings, has experience inspecting structural systems, has experience inspecting
electrical systems, is customer -service oriented, and has experience with managing
multiple tasks, assignments and responsibilities.
D. Building Permit Technician Services
The selected firm shall provide a Building Permit Technician, acceptable to the
Community Development Director, on an as needed/on-call basis to provide Building and
Safety Services. Specific responsibilities include but are not limited to the following:
1. Reviews permit applications, calculate fees in accordance to established fee
schedule, receive permit application/plans for plan check processing, and issue
permits
2. Handle project inquiries and resolve complaints
3. Maintain records and files concerning construction permits and building code
administration (including documents for storage and/or imaging)
The ideal proposal would include a Building Permit Technician who has at least 2 years
of permit issuance experience in a municipal government department and responsible
clerical experience requiring the application of policies and procedures.
E. Plan Check Services
The selected firm shall provide qualified plan check professionals on as needed basis.
The selected firm shall provide such personnel based on the volume of work and the
Citys expected plan check turn -around times as described in Section E below.
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1. Plan checking includes code, accessibility, grading, erosion control, building,
electrical, and plumbing work, etc. Fire code plan review will continue to be
performed by the West Covina Fire Department.
2. Plan check monitoring, permit issuance for grading, building electrical, mechanical,
and plumbing, etc.
3. Handle project inquiries and resolve complaints
4. Inspection services for code, accessibility, grading, building, electrical, mechanical
and plumbing, etc. (as needed)
The ideal proposal would include an International Code Council (ICC) Certified California
Building Plans Examiner with at least 5 years of plan check experience, committed to
providing the most efficient, accurate and timely plan check services possible to meet the
needs of the City, has previous City experiences, is customer -service oriented, and has
experiences with successfully managing multiple tasks, assignments, and
responsibilities. The plan checker may substitute for a portion of the required time the
Building Official is available at City Hall.
F. Maximum Service Delivery Timeframes
The City has established the "Maximum Timeframes" for the delivery of Building and
Safety Services. The selected firm shall provide adequate personnel, based on the level
of development activity within any given time, to ensure that the following timeframes are
met.
Service
Timeframe for Delivery
Major plan check such as new single-
10-15 business days
family house, multi -family residential,
commercial and other non-residential
project
Subsequent & resubmitted plan checks;
5-10 business days
simple tenant improvements for non-
residential buildings
Minor plan checks such as room additions
3 business days or over the counter during
of single-family house, detached
a designated time period each day
accessory structures, re -roofing, wall
signs, swimming pools, etc.
Buildinq inspection
As needed/On-call
Grading Ian check for new construction
10-15 business days
Subsequent or resubmitted grading plan
5-10 business days
checks
Grading inspection
As needed/On-call
Return of phone calls
Within 24 hours or next business day
Monthly accounting and reporting
Completed at the end of each month
The selected firm shall be responsible to ensure that all other Building and Safety duties
and follow-up not specifically mentioned in the table above are performed in a timely
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manner. The selected firm shall be responsible to ensure all personnel assigned to the
City have sufficient on -going training to perform their assigned duties.
G. Emergency Response
In the event of a local or regional emergency or disaster, personnel provided by the
selected firm shall be accessible, available, and prepared to provide Building and Safety
services as directed by the City.
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ATTACHMENT NO.1
EXHIBIT B
FEE SCHEDULE
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ATTACHMENT NO.1
Building and Safety Services
Willdan will provide all services lised in scope of services for following percent of fees
70 %` of net City monthly revenue.
For completion of plan checks for which plan check fees were collected by the City prior
the effective date of this contract, for open permits issued prior the effective date of this
agreement, and for no fee plan checks and no fee permits such as City projects, Willdan
provide Building and Safety Services for following hourly rates:
Plan Check Examiner $115.00/hour
Plan Check Engineer $133.00/hour
Building Official $140.00/hour
Building Inspector $100.00/hour
Permit Technician $ 70.00/hour
Upon adoption by the City Council and upon the effective of the new building and safety
fees, Consultant's percent of fee compensation will be reduced to 50% of net City
Monthly revenue.
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