HomeMy WebLinkAboutE-10 Staff Report - RFP Plan Review and Inspection ServicesCONSENT ITEM
E-10
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
VIA: SERGIO GONZALEZ, CITY MANAGER
FROM: TONY MEYERS, BUILDING OFFICIAL
DATE: JANUARY 22, 2019
SUBJECT: AUTHORIZATION TO RELEASE A REQUEST FOR PROPOSALS FOR PLAN REVIEW AND INSPECTION SERVICES FOR THE BUILDING DIVISION
BACKGROUND:
The City's Building Division is responsible for plan check review and inspection services associated
with the numerous building permits issued by the City's Economic and Community Development
Department. As part of that function, there are two full time Building Inspector positions as well as the
City's Building Official. In addition, the City has a contract with CSG Consultants, to provide contract
services for plan checking and inspection services on an as needed basis. While Staff has been satisfied
with the quantity and quality of the plan check services performed by CSG Consultants, they are less
than satisfied with the firm’s ability to provide on-call Building Inspection services. In anticipation of
the various major development projects in the near future, Staff feels it is in the City’s best interest to
have contracts with two on call Plan Review and Inspection Services consultants so they are readily
available when the need arises.
RECOMMENDATION:
Staff recommends that the City Council take the following action:
1)Authorize Staff to release a request for proposals for Plan Review and Inspection Services from
qualified firms.
ANALYSIS:
In the next couple of years it is anticipated the City will experience an increase in development. In order
to ensure the review of projects are completed on a timely and efficient manner, Staff is proposing two
on-call Plan Review and Inspection services consultants. The consultants will provide the Building
Division Staff support on an as-needed basis.
The proposed action authorizes Staff to circulate a Request for Proposals (RFP) seeking experienced
consultant(s) to provide contract plan review and inspection services. The required services and
performance requirements are described in the Scope of Services section of the RFP (Attachment 1).
APPROVED
CITY COUNCIL
1/22/2019
RFP for Plan Review and Inspection Services
January 22, 2019
Page 2
Assuming multiple submittals are received by the City, a Selection Committee will be formed to
evaluate the proposals according to the criteria described in the RFP (Attachment 1). The Committee’s
recommended applicants will be placed on a future meeting agenda for City Council consideration.
Upon approval, selected applicants will enter into a Professional Services Agreement with the City
(Exhibit A to Attachment 1).
FISCAL IMPACT:
There is no anticipated fiscal impact associated to the City by authorizing Staff to solicit proposals.
Once proposals are received and reviewed by Staff, an agenda report will be provided to the City
Council which will outline potential fiscal impacts.
Prepared by: Reviewed by:
Tony Meyers Carina Campos
Building Official Economic Development Specialist
Reviewed and Approved:
Sergio Gonzalez
City Manager
Attachment:
1) RFP – Plan Review and Inspection Services for the Economic and Community Development
Department
City of Azusa
Request for Proposals:
Plan Review and Inspection Services
for the Building Division
Proposals Due:
February 28, 2019
Contact:
Tony Meyers, Building Official
Economic and Community Development Department
Building Division
City of Azusa
213 East Foothill Boulevard
Azusa, CA 91702
(626)812-5295
tmeyers@azusaca.gov
Attachment 1
City of Azusa RFP: Plan Review & Inspection Services for Building Division| Page 2
Table of Contents
I. Introduction 3
II. Background 3
III. Project Overview 4
IV. Scope of Services 5
V. Submittal Content 5
VI. Evaluation and Selection Process 6
VII. Professional Services Agreement 6
VIII. Submission of Proposals 6
IX. General RFP Conditions 7
X. Award of Contract 8
City of Azusa RFP: Plan Review & Inspection Services for Building Division| Page 3
I. Introduction
The City of Azusa (‘City”) is currently seeking qualified firms to provide plan checking and
inspection services on an as-needed basis.
II. Background
The City of Azusa is located in Los Angeles County, approximately 25 miles northeast of
Downtown Los Angeles. The City is approximately 9 square miles in size, with a population of
almost 50,000. The City has been experiencing considerable growth and development. New
development includes:
• Transit Oriented Development Orchard Project: Serrano Development Group. The Orchard project
will include 30,000 square feet of retail which includes a 10,000 square foot theater; 120 residential
units and a 290 car parking structure.
• California Grand Village: A new two parcel, 4.48 acres, 256-unit Senior Residential Community
four-story structure with onsite medical staff and assisted living.
• Transit Oriented Development A-2 Property: Costanzo Investments, LLC the A-2 Property project
will include 13,000-15,000 of retail and 60,000-70,000 of residential living space.
• Azusa Pacific University: APU, a 10,000-student private university founded in 1899, is
experiencing strong growth. New projects are continually in the works including a new 75,000
square foot class room and office areas.
• ADU’s: Numerous converted to and new ADU units throughout the City.
• Tilt-Up Shell Buildings. A 14,000 square feet commercial building with 3000 square foot of
mezzanine, and seven tilt-up building totaling 458,635 square feet.
• Commercial & Industrial Tennant Improvements Projects: Ongoing TI projects including; Costco,
Verizon, Industrial office/warehouse TI projects, and numerous Strip Center TI projects throughout
the City.
Note: There are other large proposed projects in the works.
A portion of the residential and tenant improvement plan checking is accomplished in-house with the
balance being completed by outside plan checking firms. Plan review for all new commercial
buildings, industrial buildings, multifamily buildings are completed by outside plan review firms.
City of Azusa RFP: Plan Review & Inspection Services for Building Division| Page 4
III. Project Overview
The City is interested in proposals to provide both Plan Review and Building Inspection services. In
preparing your proposal, please keep in mind the City’s objectives:
• To hire two plans review firms that can provide complete plans review using the 2016 California
Building Codes including the review of geotechnical reports.
• To provide fast turn-around time for plan review.
• To provide competent and quality services, with all needed corrections reported at first review.
• To incur reasonable cost in providing plan review services.
• To provide invoice slips with each returned plan review documenting time spent.
• To provide annual reviews of plan check consultant’s performance and agreement.
• To provide Building Inspection services, on an as needed basis.
The proposals must include the following information in this order:
• Executive summary/Introduction.
• Scope of Services proposed for the City. Include the average turn-around time to which you will
commit to provide first review expressed in weeks, and the maximum time you will commit to for
the following types of projects:
o A 12 building townhouse project consisting of 4 unit, 6 unit, 8 unit and 10 unit buildings.
o 144,000 square foot concrete tilt-up warehouse building.
o A 50,000 square foot manufacturing facility with type 2 construction and a F-1 occupancy.
o 3800 square foot two story single family dwelling.
o Geotechnical review for a proposed 250,000 square foot industrial park consisting of tilt up
buildings ranging from located on a 4 acre site located within an AP and seismic hazard
liquefaction zone.
• Methodology/Approach
• Your qualifications and experience including resumes of all staff;
• References, including contact names and phone numbers, for those clients who have received similar
services within the last three years;
• Schedule of Rates and Hourly Fees for residential, non-residential, and accelerated plan checking
and residential and non-residential building inspection services. Include all additional charges
including out of pocket expenses, administrative fees, mileage, and overtime charges.
• Insurance coverage
City of Azusa RFP: Plan Review & Inspection Services for Building Division| Page 5
IV. Scope of Services
The City is seeking a consultant(s) to provide plan checking and inspection services on an as-needed
basis. The scope of services would be as follows.
1. Plan Checking: Upon request of the City, consultant will check and review residential and/or
non-residential plans for compliance with City and State Building codes.
2. The consultants plan check staff will be available to meet with City staff and/or the applicant as
needed.
3. Plan Checking-Geotechnical Review Services: Upon request of the City, consultant will provide
geotechnical review services as required by the State Resources Code.
4. Plan Delivery: Consultant will provide delivery from consultant’s place of business to the City
for pickup and delivery of plans for the first check and all rechecks.
5. Invoice slips: Invoice slips shall be provided with every plan check return. The invoice slip shall
clearly state the date, time and total hours spent on the plan check.
6. Building Inspection: Provide building inspection services as needed and within two days of
request. Consultant shall provide fully qualified inspectors who hold current ICC certifications
in Building, Electrical, Plumbing, and Mechanical inspections and have a minimum of five
years’ inspection experience.
7. Additional Services: Consultant will provide additional services as requested by the City, based
on its hourly rates.
V. Submittal Content
The following minimum information should be provided in each proposal and will be utilized in
evaluating each proposal submitted. To expedite the evaluation of proposals, submittals should be no
more than thirty (30) pages in length.
(a) Cover Letter
The cover letter should indicate the full name and address of the consulting firm that
will perform the services described in the RFP. The Consultant should include the
name and contact information for the individual who will serve as project manager
as well as the firm’s qualifications.
(b) Consultant’s Prior Experience and Qualifications
Provide examples of the last three (3) completed projects demonstrating the
consultant’s current owner(s) representative experience working with municipalities
or other organizations similar in size, scope and purpose.
(c) References
Provide three (3) client references applicable to the scope of services. Include
contact names, telephone numbers and e-mail addresses.
(d) Organizational Chart
Identify all team members and their titles and responsibilities for the project.
(e) Team Member Resumes
Provide a resume for all team members.
City of Azusa RFP: Plan Review & Inspection Services for Building Division| Page 6
(f) Management Overview and Approach
Explain the proposed methodology that will be used and clearly demonstrate
understanding of the objectives the project is intended to complete. The Consultant
should provide a detailed work plan and time line indicating how each task under
the Scope of Services will be accomplished.
(g) Fee Proposal
As part of the cost and price proposal, the Proposer(s) shall submit proposed pricing
to provide the services for each work task proposed in response to the Scope of
Work.
VI. Evaluation and Selection Process
All proposals submitted will be reviewed and evaluated by the Evaluation Committee composed of
City Staff for further consideration on the basis of the following criteria:
• Consultant’s qualifications and experience;
• Consultant’s knowledge of best practices in municipalities;
• Consultant’s experience in completing projects similar in size, scope and purpose;
• Consultant’s understanding of the Scope of Services;
• Consultant’s detailed work plan to complete services;
• Qualifications and experience of team members;
• Overall quality of response to RFP; and
• Consultant’s fee proposal.
During the evaluation period, the City may interview some or all of the proposing firms. The City
will establish a specific date to conduct interviews, and all prospective Proposer(s) will be asked to
keep this date available. No other interview dates will be provided, therefore, if a Proposer(s) is
unable to attend the interview on this date; its proposal may be eliminated from further discussion.
The interview will likely consist of a short presentation by the Proposer(s) after which the Proposal
Evaluation Committee will ask questions related to the firm’s proposal and qualifications. At the
conclusion of the evaluation process, the Proposal Evaluation Committee may recommend to the
City Council, a Proposer(s) with the highest final ranking or a short list of top ranked firms within
the competitive range whose proposal(s) is most advantageous to the City. The City Council will
review the Proposal Evaluation Committee’s recommendation and make the final selection.
VII. Professional Services Agreement
The selected consultant will be required to enter into a Professional Services Agreement with the
City of Azusa which includes the City's standard Terms and Conditions including insurance
requirements (Attachment A).
VIII. Submission of Proposals
One (1) unbound copy, three (3) bounded copies and one (1) electronic copy of all proposals must be
received in the City of Azusa, City Clerk’s Office by February 28, 2019 at 5:30 p.m. It is the
responsibility of the Consultant to see that any proposal sent through mail, or any other delivery
method, should have sufficient time to be received by the City of Azusa, City Clerk’s Office prior to
the proposal due date and time. Late proposals will not be accepted. Proposals should be clearly
marked and submitted to:
City of Azusa RFP: Plan Review & Inspection Services for Building Division| Page 7
City of Azusa
City Clerk’s Office
213 E. Foothill Blvd
Azusa, CA 91702
All inquiries to this proposal should be submitted via mail or e-mail to:
Tony Meyers, Building Official
Economic and Community Development Department
Building Division
City of Azusa
213 E. Foothill Boulevard
Azusa, CA 91702
E-mail: tmeyers@azusaca.gov
Interpretations or clarifications considered necessary in response to such questions will be resolved
by the issuance of formal Addenda to the RFP sent out by February 21, 2019 at 5:30 p.m. The
deadline for all questions is February 14, 2019 at 5:30 p.m. Questions received after this date and
time will not be answered. Only questions that have been resolved in writing will be binding. Oral
and other interpretations or clarifications will be without legal or contractual effect.
Deadline to Submit Proposal February 28, 2019
Evaluation Committee Screens Proposals March 4 – March 18, 2019
Tentative Award of Contract March – April 2019
IX. General RFP Conditions
(a) The City reserves the right to accept or reject any and all proposals, or any item or part thereof,
or to waive any informalities or irregularities in proposals.
(b) The City reserves the right to withdraw or cancel this RFP at any time without prior notice and
the City makes no representations that any contract will be awarded to any Proposer(s)
responding to this RFP.
(c) The City reserves the right to postpone proposal openings for its own convenience.
(d) Proposals received by the City are public information and must be made available to any person
upon request.
(e) Submitted proposals are not to be copyrighted.
(f) The City reserves the right to seek clarification of information submitted in response to this RFP.
(g) The City reserves the right to modify the RFP as it deems necessary.
City of Azusa RFP: Plan Review & Inspection Services for Building Division| Page 8
(h) Any material misrepresentations made by the Proposer(s) will void the proposal response and
eliminate the Proposer(s) from further consideration.
(i) Pre-Contractual Expense
The City shall not, in any event, be liable for any pre-contractual expenses incurred by
Proposer(s) in the preparation of its proposal. Proposer shall not include any such expenses as
part of its proposal.
Pre-contractual expenses are defined as expenses incurred by Proposer(s) in:
i. Preparing its proposal in response to this RFP;
ii. Submitting that proposal to the City;
iii. Negotiating with the City any matter related to this proposal; or
iv. Any other expenses incurred by Proposer(s) prior to date of award, if any.
(j) All materials submitted become the property of the City.
X. Award of Contract
The City of Azusa will receive competitive proposals from agencies having specific experience and
qualifications in the areas identified in this solicitation. Under competitive negotiation procedures,
the terms of the service contract, the price of the service, the method of service delivery, and the
conditions of performance are all negotiable. A negotiated contract will be awarded to the firm that
best meets the proposed needs at a reasonable price, not necessarily at the lowest price.
City of Azusa RFP: Plan Review & Inspection Services for Building Division| Page 9
ATTACHMENT A
SAMPLE
PROFESSIONAL SERVICES AGREEMENT
City of Azusa RFP: Plan Review & Inspection Services for Building Division| Page 10
CITY OF AZUSA
PROFESSIONAL SERVICES AGREEMENT
1. PARTIES AND DATE.
This Agreement is made and entered into this ____ day of ________________, 20___ by and
between the City of Azusa, a municipal corporation organized under the laws of the State of California with
its principal place of business at 213 East Foothill Boulevard, Azusa, California 91702 (“City”) and [INSERT
NAME OF COMPANY], a [INSERT TYPE OF BUSINESS: CORPORATION; LIMITED LIABILITY COMPANY; ETC.]
with its principal place of business at [INSERT ADDRESS] (“Consultant”). City and Consultant are sometimes
individually referred to herein as “Party” and collectively as “Parties.”
2. RECITALS.
2.1 Consultant.
Consultant desires to perform and assume responsibility for the provision of certain professional
services required by the City on the terms and conditions set forth in this Agreement. Consultant represents
that it is experienced in providing [INSERT TYPE OF SERVICES] services to public clients, is licensed in the
State of California, and is familiar with the plans of City.
2.2 Project.
City desires to engage Consultant to render such services for the [INSERT NAME OF PROJECT] project
(“Project”) as set forth in this Agreement.
3. TERMS.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all
labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and
adequately supply the professional [INSERT TYPE OF SERVICES] consulting services necessary for the Project
(“Services”). The Services are more particularly described in Exhibit “A” attached hereto and incorporated
herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the
City of Azusa RFP: Plan Review & Inspection Services for Building Division| Page 11
exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws,
rules and regulations.
3.1.2 Term. The term of this Agreement shall be from [INSERT START DATE] to [INSERT
ENDING DATE], unless earlier terminated as provided herein. Consultant shall complete the Services within
the term of this Agreement, and shall meet any other established schedules and deadlines. The Parties may,
by mutual written consent, extend the term of this Agreement if necessary to complete the Services.
3.2 Responsibilities of Consultant.
3.2.1 Control and Payment of Subordinates; Independent Contractor. The Services shall
be performed by Consultant or under its supervision. Consultant will determine the means, methods and
details of performing the Services subject to the requirements of this Agreement. City retains Consultant on
an independent contractor basis and not as an employee. Consultant retains the right to perform similar or
different services for others during the term of this Agreement. Any additional personnel performing the
Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all
times be under Consultant’s exclusive direction and control. Consultant shall pay all wages, salaries, and
other amounts due such personnel in connection with their performance of Services under this Agreement
and as required by law. Consultant shall be responsible for all reports and obligations respecting such
additional personnel, including, but not limited to: social security taxes, income tax withholding,
unemployment insurance, disability insurance, and workers’ compensation insurance.
3.2.2 Schedule of Services. Consultant shall perform the Services expeditiously, within
the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit “B”
attached hereto and incorporated herein by reference. Consultant represents that it has the professional and
technical personnel required to perform the Services in conformance with such conditions. In order to
facilitate Consultant’s conformance with the Schedule, City shall respond to Consultant’s submittals in a
timely manner. Upon request of City, Consultant shall provide a more detailed schedule of anticipated
performance to meet the Schedule of Services.
3.2.3 Conformance to Applicable Requirements. All work prepared by Consultant shall
be subject to the approval of City.
3.2.4 Substitution of Key Personnel. Consultant has represented to City that certain key
personnel will perform and coordinate the Services under this Agreement. Should one or more of such
personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon
written approval of City. In the event that City and Consultant cannot agree as to the substitution of key
personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel
who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the
City of Azusa RFP: Plan Review & Inspection Services for Building Division| Page 12
City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat
to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the
request of the City. The key personnel for performance of this Agreement are as follows: [INSERT NAMES].
3.2.5 City’s Representative. The City hereby designates [INSERT NAME OR TITLE], or his
or her designee, to act as its representative for the performance of this Agreement (“City’s Representative”).
City’s Representative shall have the power to act on behalf of the City for all purposes under this Contract.
Consultant shall not accept direction or orders from any person other than the City’s Representative or his or
her designee.
3.2.6 Consultant’s Representative. Consultant hereby designates [INSERT NAME OR
TITLE], or his/her designee, to act as its representative for the performance of this Agreement (“Consultant’s
Representative”). Consultant’s Representative shall have full authority to represent and act on behalf of the
Consultant for all purposes under this Agreement. The Consultant’s Representative shall supervise and
direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods,
techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services
under this Agreement.
3.2.7 Coordination of Services. Consultant agrees to work closely with City staff in the
performance of Services and shall be available to City’s staff, consultants and other staff at all reasonable
times.
3.2.8 Standard of Care; Performance of Employees. Consultant shall perform all Services
under this Agreement in a skillful and competent manner, consistent with the standards generally recognized
as being employed by professionals in the same discipline in the State of California. Consultant represents
and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant
warrants that all employees and subcontractors shall have sufficient skill and experience to perform the
Services assigned to them. Finally, Consultant represents that it, its employees and subcontractors have all
licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the
Services, including a City Business License, and that such licenses and approvals shall be maintained
throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement,
Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services
necessary to correct errors or omissions which are caused by the Consultant’s failure to comply with the
standard of care provided for herein. Any employee of the Consultant or its sub-consultants who is
determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the
Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the
Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant
and shall not be re-employed to perform any of the Services or to work on the Project.
3.2.9 Period of Performance and Liquidated Damages. Consultant shall perform and
complete all Services under this Agreement within the term set forth in Section 3.1.2 above (“Performance
Time”). Consultant shall also perform the Services in strict accordance with any completion schedule or
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Project milestones described in Exhibits “A” or “B” attached hereto, or which may be separately agreed
upon in writing by the City and Consultant (“Performance Milestones”). Consultant agrees that if the
Services are not completed within the aforementioned Performance Time and/or pursuant to any such Project
Milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed
that the City will suffer damage. [***INCLUDE THE FOLLOWING SENTENCE ONLY IF YOU'RE
INCLUDING LD'S – DELETE OTHERWISE – DON'T SIMPLY INSERT $0; ALSO DELETE “AND
LIQUIDATED DAMAGES” FROM TITLE OF SECTION***]Pursuant to Government Code Section
53069.85, Consultant shall pay to the City as fixed and liquidated damages the sum of [***INSERT
WRITTEN DOLLAR AMOUNT***] Dollars ($[***INSERT NUMERICAL DOLLAR AMOUNT***])
per day for each and every calendar day of delay beyond the Performance Time or beyond any Project
Milestones established pursuant to this Agreement.
3.2.10 Laws and Regulations; Employee/Labor Certifications. Consultant shall keep itself
fully informed of and in compliance with all local, state and federal laws, rules and regulations in any
manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and
shall give all notices required by law. Consultant shall be liable for all violations of such laws and
regulations in connection with Services. If the Consultant performs any work knowing it to be contrary to
such laws, rules and regulations and without giving written notice to the City, Consultant shall be solely
responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials,
directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of
this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such
laws, rules or regulations.
3.2.10.1 Employment Eligibility; Consultant. By executing this Agreement,
Consultant verifies that it fully complies with all requirements and restrictions of state and federal law
respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform
and Control Act of 1986, as may be amended from time to time. Such requirements and restrictions include,
but are not limited to, examination and retention of documentation confirming the identity and immigration
status of each employee of the Consultant. Consultant also verifies that it has not committed a violation of
any such law within the five (5) years immediately preceding the date of execution of this Agreement, and
shall not violate any such law at any time during the term of the Agreement. Consultant shall avoid any
violation of any such law during the term of this Agreement by participating in an electronic verification of
work authorization program operated by the United States Department of Homeland Security, by
participating in an equivalent federal work authorization program operated by the United States Department
of Homeland Security to verify information of newly hired employees, or by some other legally acceptable
method. Consultant shall maintain records of each such verification, and shall make them available to the
City or its representatives for inspection and copy at any time during normal business hours. The City shall
not be responsible for any costs or expenses related to Consultant’s compliance with the requirements
provided for in Section 3.2.10 or any of its sub-sections.
3.2.10.2 Employment Eligibility; Subcontractors, Consultants, Sub-subcontractors
and Subconsultants. To the same extent and under the same conditions as Consultant, Consultant shall
require all of its subcontractors, consultants, sub-subcontractors and subconsultants performing any work
relating to the Project or this Agreement to make the same verifications and comply with all requirements
and restrictions provided for in Section 3.2.10.1.
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3.2.10.3 Employment Eligibility; Failure to Comply. Each person executing this
Agreement on behalf of Consultant verifies that they are a duly authorized officer of Consultant, and
understands that any of the following shall be grounds for the City to terminate the Agreement for cause: (1)
failure of Consultant or its subcontractors, consultants, sub-subcontractors or subconsultants to meet any of
the requirements provided for in Sections 3.2.10.1 or 3.2.10.2; (2) any misrepresentation or material
omission concerning compliance with such requirements (including in those verifications provided to the
Consultant under Section 3.2.10.2); or (3) failure to immediately remove from the Project any person found
not to be in compliance with such requirements.
3.2.10.4 Labor Certification. By its signature hereunder, Consultant certifies that it
is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be
insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the
provisions of that Code, and agrees to comply with such provisions before commencing the performance of
the Services.
3.2.10.5 Equal Opportunity Employment. Consultant represents that it is an equal
opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for
employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-
discrimination shall include, but not be limited to, all activities related to initial employment, upgrading,
demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also
comply with all relevant provisions of City’s Minority Business Enterprise program, Affirmative Action Plan
or other related programs or guidelines currently in effect or hereinafter enacted.
3.2.10.6 Air Quality. To the extent applicable, Consultant must fully comply with
all applicable laws, rules and regulations in furnishing or using equipment and/or providing services,
including, but not limited to, emissions limits and permitting requirements imposed by the South Coast Air
Quality Management District (SCAQMD) and/or California Air Resources Board (CARB). Although the
SCAQMD and CARB limits and requirements are more broad, Consultant shall specifically be aware of their
application to "portable equipment", which definition is considered by SCAQMD and CARB to include any
item of equipment with a fuel-powered engine. Consultant shall indemnify City against any fines or
penalties imposed by SCAQMD, CARB, or any other governmental or regulatory agency for violations
of applicable laws, rules and/or regulations by Consultant, its subconsultants, or others for whom Consultant
is responsible under its indemnity obligations provided for in this Agreement.
3.2.10.7 Water Quality.
(A) Management and Compliance. To the extent applicable,
Consultant’s Services must account for, and fully comply with, all local, state and federal laws, rules and
regulations that may impact water quality compliance, including, without limitation, all applicable provisions
of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the California Porter-Cologne Water
Quality Control Act (Cal Water Code §§ 13000-14950); laws, rules and regulations of the Environmental
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Protection Agency, the State Water Resources Control Board and the Santa Ana Regional Water Quality
Control Board; the City’s ordinances regulating discharges of storm water; and any and all regulations,
policies, or permits issued pursuant to any such authority regulating the discharge of pollutants, as that term
is used in the Porter-Cologne Water Quality Control Act, to any ground or surface water in the State.
(B) Liability for Non-compliance. Failure to comply with the laws,
regulations and policies described in this Section is a violation of law that may subject Consultant or City to
penalties, fines, or additional regulatory requirements. Consultant shall defend, indemnify and hold the City,
its directors, officials, officers, employees, volunteers and agents free and harmless, pursuant to the
indemnification provisions of this Agreement, from and against any and all fines, penalties, claims or other
regulatory requirements imposed as a result of Consultant’s non-compliance with the laws, regulations and
policies described in this Section, unless such non-compliance is the result of the sole established negligence,
willful misconduct or active negligence of the City, its officials, officers, agents, employees or authorized
volunteers.
(C) Training. In addition to any other standard of care requirements set
forth in this Agreement, Consultant warrants that all employees and subcontractors shall have sufficient skill
and experience to perform the Services assigned to them without impacting water quality in violation of the
laws, regulations and policies described in this Section. Consultant further warrants that it, its employees and
subcontractors will receive adequate training, as determined by City, regarding the requirements of the laws,
regulations and policies described in this Section as they may relate to the Services provided under this
Agreement. Upon request, City will provide Consultant with a list of training programs that meet the
requirements of this paragraph.
3.2.11 Insurance.
3.2.11.1 Time for Compliance. Consultant shall not commence Services under this
Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required
under this section. In addition, Consultant shall not allow any subcontractor to commence work on any
subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all
insurance required under this section.
3.2.11.2 Minimum Requirements. Consultant shall, at its expense, procure and
maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to
property which may arise from or in connection with the performance of the Agreement by the Consultant,
its agents, representatives, employees or subcontractors. Consultant shall also require all of its
subcontractors to procure and maintain the same insurance for the duration of the Agreement. Such insurance
shall meet at least the following minimum levels of coverage:
(A) Minimum Scope of Insurance. Coverage shall be at least as broad
as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General
City of Azusa RFP: Plan Review & Inspection Services for Building Division| Page 16
Liability coverage (occurrence form CG 0001); (2) Automobile Liability: Insurance Services Office Business
Auto Coverage form number CA 0001, code 1 (any auto); and (3) Workers’ Compensation and Employer’s
Liability: Workers’ Compensation insurance as required by the State of California and Employer’s Liability
Insurance. The policy shall not contain any exclusion contrary to the Agreement, including but not limited
to endorsements or provisions limiting coverage for (1) contractual liability (including but not limited to ISO
CG 24 26 or 21 29); or (2) cross liability for claims or suits by one insured against another.
(B) Minimum Limits of Insurance. Consultant shall maintain limits no
less than: (1) General Liability: [CONTACT RISK MANAGEMENT TO CONFIRM AMOUNT; TYPICAL MINIMUM IS
$1 MILLION, BUT AMOUNT OF INSURANCE REQUIRED DEPENDS ON NATURE OF CONTRACT AND RISK TO
CITY]$1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial
General Liability Insurance or other form with general aggregate limit is used including, but not limited to,
form CG 2503, either the general aggregate limit shall apply separately to this Agreement/location or the
general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: [CONTACT
RISK MANAGEMENT TO CONFIRM AMOUNT; TYPICAL MINIMUM IS $1 MILLION, BUT AMOUNT OF INSURANCE
REQUIRED DEPENDS ON NATURE OF CONTRACT AND RISK TO CITY]$1,000,000 per accident for bodily injury
and property damage; and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation
limits as required by the Labor Code of the State of California. Employer’s Liability limits of [CONTACT
RISK MANAGEMENT TO CONFIRM AMOUNT; TYPICAL MINIMUM IS $1 MILLION, BUT AMOUNT OF INSURANCE
REQUIRED DEPENDS ON NATURE OF CONTRACT AND RISK TO CITY]$1,000,000 per accident for bodily injury
or disease. Defense costs shall be paid in addition to the limits.
(C) Notices; Cancellation or Reduction of Coverage. At least fifteen
(15) days prior to the expiration of any such policy, evidence showing that such insurance coverage has been
renewed or extended shall be filed with the City. If such coverage is cancelled or materially reduced,
Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction of
coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or
has been provided through another insurance company or companies. In the event any policy of insurance
required under this Agreement does not comply with these specifications or is canceled and not replaced, the
City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by the
City will be promptly reimbursed by Consultant or the City may withhold amounts sufficient to pay premium
from Consultant payments. In the alternative, the City may suspend or terminate this Agreement.
3.2.11.3 Professional Liability. [INCLUDE THIS SUBSECTION ONLY IF
APPLICABLE - DELETE OTHERWISE] Consultant shall procure and maintain, and require its sub-
consultants to procure and maintain, for a period of five (5) years following completion of the Project, errors
and omissions liability insurance appropriate to their profession. Such insurance shall be in an amount not
less than [CONTACT RISK MANAGEMENT TO CONFIRM AMOUNT; TYPICAL MINIMUM IS $1 MILLION, BUT
AMOUNT OF INSURANCE REQUIRED DEPENDS ON NATURE OF CONTRACT AND RISK TO CITY]$1,000,000 per
claim, and shall be endorsed to include contractual liability. Defense costs shall be paid in addition to limits.
3.2.11.4 Insurance Endorsements. The insurance policies shall contain the following
provisions, or Consultant shall provide endorsements on forms supplied or approved by the City to add the
following provisions to the insurance policies:
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(A) General Liability. The general liability policy shall include or be
endorsed (amended) to state that: (1) using ISO CG forms 20 10 and 20 37, or endorsements providing the
exact same coverage, the City of Azusa, its directors, officials, officers, employees, agents and volunteers
shall be covered as additional insured with respect to the Services or ongoing and complete operations
performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection
with such work; and (2) using ISO form 20 01, or endorsements providing the exact same coverage, the
insurance coverage shall be primary insurance as respects the City, its directors, officials, officers,
employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the
Consultant’s scheduled underlying coverage. Any excess insurance shall contain a provision that such
coverage shall also apply on a primary and noncontributory basis for the benefit of the City, before the City’s
own primary insurance or self-insurance shall be called upon to protect it as a named insured. Any insurance
or self-insurance maintained by the City, its directors, officials, officers, employees, agents and volunteers
shall be excess of the Consultant’s insurance and shall not be called upon to contribute with it in any way.
Notwithstanding the minimum limits set forth in Section 3.2.11.2(B), any available insurance proceeds in
excess of the specified minimum limits of coverage shall be available to the parties required to be named as
additional insureds pursuant to this Section 3.2.11.4(A).
(B) Automobile Liability. The automobile liability policy shall include
or be endorsed (amended) to state that: (1) the City, its directors, officials, officers, employees, agents and
volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use,
loading or unloading of any auto owned, leased, hired or borrowed by the Consultant or for which the
Consultant is responsible; and (2) the insurance coverage shall be primary insurance as respects the City, its
directors, officials, officers, employees, agents and volunteers, or if excess, shall stand in an unbroken chain
of coverage excess of the Consultant’s scheduled underlying coverage. Any insurance or self-insurance
maintained by the City, its directors, officials, officers, employees, agents and volunteers shall be excess of
the Consultant’s insurance and shall not be called upon to contribute with it in any way. Notwithstanding the
minimum limits set forth in Section 3.2.11.2(B), any available insurance proceeds in excess of the specified
minimum limits of coverage shall be available to the parties required to be named as additional insureds
pursuant to this Section 3.2.11.4(B).
(C) Workers’ Compensation and Employers’ Liability Coverage. The
insurer shall agree to waive all rights of subrogation against the City, its directors, officials, officers,
employees, agents and volunteers for losses paid under the terms of the insurance policy which arise from
work performed by the Consultant.
(D) All Coverages. Each insurance policy required by this Agreement
shall be endorsed to state that: (A) coverage shall not be suspended, voided, reduced or canceled except after
thirty (30) days (10 days for nonpayment of premium) prior written notice by certified mail, return receipt
requested, has been given to the City; and (B) any failure to comply with reporting or other provisions of the
policies, including breaches of warranties, shall not affect coverage provided to the City, its directors,
officials, officers, employees, agents and volunteers. Any failure to comply with reporting or other
provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its
officials, officers, employees, agents and volunteers, or any other additional insureds.
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3.2.11.5 Separation of Insureds; No Special Limitations; Waiver of Subrogation. All
insurance required by this Section shall contain standard separation of insureds provisions. In addition, such
insurance shall not contain any special limitations on the scope of protection afforded to the City, its
directors, officials, officers, employees, agents and volunteers. All policies shall waive any right of
subrogation of the insurer against the City, its officials, officers, employees, agents, and volunteers, or any
other additional insureds, or shall specifically allow Consultant or others providing insurance evidence in
compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby
waives its own right of recovery against City, its officials, officers, employees, agents, and volunteers, or any
other additional insureds, and shall require similar written express waivers and insurance clauses from each
of its subconsultants.
3.2.11.6 Deductibles and Self-Insurance Retentions. Any deductibles or self-insured
retentions must be declared to and approved by the City. Consultant shall guarantee that, at the option of the
City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects
the City, its directors, officials, officers, employees, agents and volunteers; or (2) the Consultant shall
procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and
defense expenses.
3.2.11.7 Subconsultant Insurance Requirements. Consultant shall not allow any
subconsultants to commence work on any subcontract relating to the work under the Agreement until they
have provided evidence satisfactory to the City that they have secured all insurance required under this
Section. If requested by Consultant, the City may approve different scopes or minimum limits of insurance
for particular subconsultants. The Consultant and the City shall be named as additional insureds on all
subconsultants’ policies of Commercial General Liability using ISO form 20 38, or coverage at least as
broad.
3.2.11.8 Acceptability of Insurers. Insurance is to be placed with insurers with a
current A.M. Best’s rating no less than A:VIII, licensed to do business in California, and satisfactory to the
City.
3.2.11.9 Verification of Coverage. Consultant shall furnish City with original
certificates of insurance and endorsements effecting coverage required by this Agreement on forms
satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a
person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by the City if
requested. All certificates and endorsements must be received and approved by the City before work
commences. The City reserves the right to require complete, certified copies of all required insurance
policies, at any time.
3.2.11.9 Reporting of Claims. Consultant shall report to the City, in addition to
Consultant’s insurer, any and all insurance claims submitted by Consultant in connection with the Services
under this Agreement.
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3.2.12 Safety. Consultant shall execute and maintain its work so as to avoid injury or
damage to any person or property. In carrying out its Services, the Consultant shall at all times be in
compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all
necessary precautions for the safety of employees appropriate to the nature of the work and the conditions
under which the work is to be performed. Safety precautions as applicable shall include, but shall not be
limited to: (A) adequate life protection and life saving equipment and procedures; (B) instructions in
accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection
ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety
devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or
injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.
3.2.13 Accounting Records. Consultant shall maintain complete and accurate records with
respect to all costs and expenses incurred under this Agreement. All such records shall be clearly
identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit,
and make transcripts or copies of such records and any other documents created pursuant to this Agreement.
Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the
Agreement for a period of three (3) years from the date of final payment under this Agreement.
3.3 Fees and Payments.
3.3.1 Compensation. Consultant shall receive compensation, including authorized
reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit “C” attached
hereto and incorporated herein by reference. The total compensation shall not exceed [INSERT WRITTEN
DOLLAR AMOUNT] ($[INSERT NUMERICAL DOLLAR AMOUNT]) without written approval of the City Manager
[REPLACE ‘CITY MANAGER’ WITH ‘CITY COUNCIL’ FOR AMOUNTS OVER $10,000]. Extra Work may be
authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in
this Agreement.
3.3.2 Payment of Compensation. Consultant shall submit to City a monthly itemized
statement which indicates work completed and hours of Services rendered by Consultant. The statement
shall describe the amount of Services and supplies provided since the initial commencement date, or since
the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall,
within 45 days of receiving such statement, review the statement and pay all approved charges thereon.
3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses
unless authorized in writing by City.
3.3.4 Extra Work. At any time during the term of this Agreement, City may request that
Consultant perform Extra Work. As used herein, “Extra Work” means any work which is determined by
City of Azusa RFP: Plan Review & Inspection Services for Building Division| Page 20
City to be necessary for the proper completion of the Project, but which the parties did not reasonably
anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be
compensated for, Extra Work without written authorization from City’s Representative.
3.3.5 Prevailing Wages. Consultant is aware of the requirements of California Labor
Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section
16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the
performance of other requirements on “public works” and “maintenance” projects. If the Services are being
performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing
Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such
Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages
in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of
per diem wages for each craft, classification or type of worker needed to execute the Services available to
interested parties upon request, and shall post copies at the Consultant’s principal place of business and at the
project site. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees
and agents free and harmless from any claim or liability arising out of any failure or alleged failure to
comply with the Prevailing Wage Laws.
3.4 Termination of Agreement.
3.4.1 Grounds for Termination. City may, by written notice to Consultant, terminate the
whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of
such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of
such termination. Upon termination, Consultant shall be compensated only for those services which have
been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant
may not terminate this Agreement except for cause.
3.4.2 Effect of Termination. If this Agreement is terminated as provided herein, City may
require Consultant to provide all finished or unfinished Documents and Data and other information of any
kind prepared by Consultant in connection with the performance of Services under this Agreement.
Consultant shall be required to provide such document and other information within fifteen (15) days of the
request.
3.4.3 Additional Services. In the event this Agreement is terminated in whole or in part as
provided herein, City may procure, upon such terms and in such manner as it may determine appropriate,
services similar to those terminated.
3.5 Ownership of Materials and Confidentiality.
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3.5.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a
non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all
copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings,
estimates, and other documents or works of authorship fixed in any tangible medium of expression,
including but not limited to, physical drawings or data magnetically or otherwise recorded on computer
diskettes, which are prepared or caused to be prepared by Consultant under this Agreement (“Documents &
Data”). All Documents & Data shall be and remain the property of City, and shall not be used in whole or in
substantial part by Consultant on other projects without the City's express written permission. Within thirty
(30) days following the completion, suspension, abandonment or termination of this Agreement, Consultant
shall provide to City reproducible copies of all Documents & Data, in a form and amount required by City.
City reserves the right to select the method of document reproduction and to establish where the reproduction
will be accomplished. The reproduction expense shall be borne by City at the actual cost of duplication. In
the event of a dispute regarding the amount of compensation to which the Consultant is entitled under the
termination provisions of this Agreement, Consultant shall provide all Documents & Data to City upon
payment of the undisputed amount. Consultant shall have no right to retain or fail to provide to City any
such documents pending resolution of the dispute. In addition, Consultant shall retain copies of all
Documents & Data on file for a minimum of fifteen (15) years following completion of the Project, and shall
make copies available to City upon the payment of actual reasonable duplication costs. Before destroying
the Documents & Data following this retention period, Consultant shall make a reasonable effort to notify
City and provide City with the opportunity to obtain the documents.
3.5.2 Subcontractors. Consultant shall require all subcontractors to agree in writing that
City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares
under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any
and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents
& Data which were prepared by design professionals other than Consultant or its subcontractors, or those
provided to Consultant by the City.
3.5.3 Right to Use. City shall not be limited in any way in its use or reuse of the
Documents and Data or any part of them at any time for purposes of this Project or another project, provided
that any such use not within the purposes intended by this Agreement or on a project other than this Project
without employing the services of Consultant shall be at City’s sole risk. If City uses or reuses the
Documents & Data on any project other than this Project, it shall remove the Consultant’s seal from the
Documents & Data and indemnify and hold harmless Consultant and its officers, directors, agents and
employees from claims arising out of the negligent use or re-use of the Documents & Data on such other
project. Consultant shall be responsible and liable for its Documents & Data, pursuant to the terms of this
Agreement, only with respect to the condition of the Documents & Data at the time they are provided to the
City upon completion, suspension, abandonment or termination. Consultant shall not be responsible or liable
for any revisions to the Documents & Data made by any party other than Consultant, a party for whom the
Consultant is legally responsible or liable, or anyone approved by the Consultant.
3.5.4 Indemnification. Consultant shall defend, indemnify and hold the City, its directors,
officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification
provisions of this Agreement, for any alleged infringement of any patent, copyright, trade secret, trade name,
trademark, or any other proprietary right of any person or entity in consequence of the use on the Project by
City of Azusa RFP: Plan Review & Inspection Services for Building Division| Page 22
City of the Documents & Data, including any method, process, product, or concept specified or depicted.
3.5.5 Confidentiality. All Documents & Data either created by or provided to Consultant
in connection with the performance of this Agreement shall be held confidential by Consultant. All
Documents & Data shall not, without the prior written consent of City, be used or reproduced by Consultant
for any purposes other than the performance of the Services. Consultant shall not disclose, cause or facilitate
the disclosure of the Documents & Data to any person or entity not connected with the performance of the
Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is
generally known, or has become known, to the related industry shall be deemed confidential. Consultant
shall not use City’s name or insignia, photographs of the Project, or any publicity pertaining to the Services
or the Project in any magazine, trade paper, newspaper, television or radio production or other similar
medium without the prior written consent of City.
3.6 General Provisions.
3.6.1 Delivery of Notices. All notices permitted or required under this Agreement shall
be given to the respective parties at the following address, or at such other address as the respective parties
may provide in writing for this purpose:
Consultant:
[***INSERT NAME, ADDRESS & CONTACT PERSON***]
City:
City of Azusa
213 E. Foothill Blvd.
Azusa, CA 91702
Attn: [***INSERT NAME & DEPARTMENT***]
Such notice shall be deemed made when personally delivered or when mailed, forty-eight
(48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its
applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred,
regardless of the method of service.
3.6.2 Indemnification.
3.6.2.1 Scope of Indemnity. To the fullest extent permitted by law, Consultant shall
defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free
and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or
injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising
out of, pertaining to, or incident to any alleged acts, errors or omissions of Consultant, its officials, officers,
employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s
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Services, the Project or this Agreement, including without limitation the payment of all consequential
damages, expert witness fees and attorneys fees and other related costs and expenses. Notwithstanding the
foregoing, to the extent Consultant's Services are subject to Civil Code Section 2782.8, the above indemnity
shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or
relate to the negligence, recklessness, or willful misconduct of the Consultant.
3.6.2.2 Additional Indemnity Obligations. Consultant shall defend, with legal
counsel chosen by City, at Consultant’s own cost, expense and risk, any and all claims, actions or other
proceedings of every kind covered by Section 3.6.2.1 that may be brought or instituted against City or its
directors, officials, officers, employees, volunteers and agents. Consultant shall pay and satisfy any
judgment, award or decree that may be rendered against City or its directors, officials, officers, employees,
volunteers and agents as party of any such claim, suit, action or other proceeding. Consultant shall also
reimburse City for the cost of any settlement paid by City or its directors, officials, officers, employees,
agents, or volunteers as part of any such claim, suit, action or other proceeding. Such reimbursement shall
include payment for City’s attorneys’ fees and costs, including expert witness fees. Consultant shall
reimburse City and its directors, officials, officers, employees, agents, and/or volunteers, for any and all legal
expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein
provided. Consultant’s obligation to indemnify shall survive expiration or termination of this Agreement
and shall not be restricted to insurance proceeds, if any, received by the City, its directors, officials officers,
employees, agents, or volunteers.
3.6.3 Governing Law; Government Code Claim Compliance. This Agreement shall be
governed by the laws of the State of California. Venue shall be in Los Angeles County. In addition to any
and all contract requirements pertaining to notices of and requests for compensation or payment for extra
work, disputed work, claims and/or changed conditions, Consultant must comply with the claim procedures
set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such
Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be
limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work,
claims, and/or changed conditions have been followed by Consultant. If no such Government Code claim is
submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein,
Consultant shall be barred from bringing and maintaining a valid lawsuit against the City.
3.6.4 Time of Essence. Time is of the essence for each and every provision of this
Agreement.
3.6.5 City’s Right to Employ Other Consultants. City reserves right to employ other
consultants in connection with this Project.
3.6.6 Successors and Assigns. This Agreement shall be binding on the successors and
assigns of the parties.
3.6.7 Assignment or Transfer. Consultant shall not assign, hypothecate, or transfer, either
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directly or by operation of law, this Agreement or any interest herein without the prior written consent of the
City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall
acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.
3.6.8 Construction; References; Captions. Since the Parties or their agents have
participated fully in the preparation of this Agreement, the language of this Agreement shall be construed
simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time,
days or period for performance shall be deemed calendar days and not work days. All references to
Consultant include all personnel, employees, agents, and subcontractors of Consultant, except as otherwise
specified in this Agreement. All references to City include its elected officials, officers, employees, agents,
and volunteers except as otherwise specified in this Agreement. The captions of the various articles and
paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the
scope, content, or intent of this Agreement.
3.6.9 Amendment; Modification. No supplement, modification, or amendment of this
Agreement shall be binding unless executed in writing and signed by both Parties.
3.6.10 Waiver. No waiver of any default shall constitute a waiver of any other default or
breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service
voluntarily given or performed by a Party shall give the other Party any contractual rights by custom,
estoppel, or otherwise.
3.6.11 No Third Party Beneficiaries. Except to the extent expressly provided for in Section
3.6.7, there are no intended third party beneficiaries of any right or obligation assumed by the Parties.
3.6.12 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal,
or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in
full force and effect.
3.6.13 Prohibited Interests. Consultant maintains and warrants that it has not employed nor
retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or
secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any
company or person, other than a bona fide employee working solely for Consultant, any fee, commission,
percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making
of this Agreement. Consultant further agrees to file, or shall cause its employees or subconsultants to file, a
Statement of Economic Interest with the City’s Filing Officer as required under state law in the performance
of the Services. For breach or violation of this warranty, City shall have the right to rescind this Agreement
without liability. For the term of this Agreement, no member, officer or employee of City, during the term
of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or
anticipated material benefit arising therefrom.
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3.6.14 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and
shall take any additional acts or sign any additional documents as may be necessary, appropriate or
convenient to attain the purposes of this Agreement.
3.6.15 Attorney’s Fees. If either party commences an action against the other party, either
legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in
such litigation shall be entitled to have and recover from the losing party reasonable attorney’s fees and all
other costs of such action.
3.6.16 Authority to Enter Agreement. Consultant has all requisite power and authority to
conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the
individuals who have signed this Agreement have the legal power, right, and authority to make this
Agreement and bind each respective Party.
3.6.17 Counterparts. This Agreement may be signed in counterparts, each of which shall
constitute an original.
3.6.18 Entire Agreement. This Agreement contains the entire Agreement of the parties
with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or
agreements. This Agreement may only be modified by a writing signed by both parties.
3.6.19 Federal Provisions. [***INCLUDE THIS SECTION ONLY IF APPLICABLE;
DELETE OTHERWISE. IF APPLICABLE, YOU MAY ALSO NEED TO INCLUDE SOME
INFORMATION IN THE RFP. CONSULT THE CITY ATTORNEY IF NECESSARY***] When funding
for the Services is provided, in whole or in part, by an agency of the federal government, Consultant shall
also fully and adequately comply with the provisions included in Exhibit “D” (Federal Requirements)
attached hereto and incorporated herein by reference (“Federal Requirements”). With respect to any conflict
between such Federal Requirements and the terms of this Agreement and/or the provisions of state law, the
more stringent requirement shall control.
[SIGNATURES ON NEXT PAGE]
City of Azusa RFP: Plan Review & Inspection Services for Building Division| Page 26
CITY OF AZUSA [INSERT NAME OF CONSULTANT]
By: By:
City Manager [Up to $10,000]
OR Mayor [OVER $10,000]
Name:
Attest:
Title:
City Clerk
[If Corporation, TWO SIGNATURES, President
OR Vice President AND Secretary, AND
CORPORATE SEAL OF CONTRACTOR
REQUIRED]
Approved as to Form:
Best Best & Krieger LLP By:
Name:
City Attorney
Title: