CONTRACT 4375 Professional Services Agreement CLOSEDPROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE CITY OF EL SEGUNDO AND
JASON ADDISON SMITH CONSULTING SERVICES, INC.
DBA JAS PACIFIC
This AGREEMENT is entered into this 1st day of October, 2012, by and between the
CITY OF EL SEGUNDO, a municipal corporation and general law city ( "CITY ") and JASON
ADDISON SMITH CUNSULTING SERVICES, INC. DBA JAS PACIFIC, a California
Corporation ( "CONSULTANT ").
1. CONSIDERATION.
A. As partial consideration, CONSULTANT agrees to perform the work listed in the
SCOPE OF SERVICES, below;
B. As additional consideration, CONSULTANT and CITY agree to abide by the
terms and conditions contained in this Agreement;
C. As additional consideration, CITY agrees to pay CONSULTANT a sum not to
exceed One Hundred Thousand dollars ($100,000.00) for CONSULTANT's
services. CITY may modify this amount as set forth below. Unless otherwise
specified by written amendment to this Agreement, CITY will pay this sum as
specified in the attached Exhibit `B," which is incorporated by reference.
2. SCOPE OF SERVICES..
A. CONSULTANT will perform services listed in the attached Exhibit "A," which is
incorporated by reference.
B. CONSULTANT will, in a professional manner, furnish all of the labor, technical,
administrative, professional and other personnel, all supplies and materials,
equipment, printing, vehicles, transportation, office space and facilities, and all
tests, testing and analyses, calculation, and all other means whatsoever, except as
herein otherwise expressly specified to be furnished by CITY, necessary or proper
to perform and complete the work and provide the professional services required
of CONSULTANT by this Agreement.
3. PERFORMANCE STANDARDS. While performing this Agreement, CONSULTANT
will use the appropriate generally accepted professional standards of practice existing at the time
of performance utilized by persons engaged in providing similar services. CITY will
continuously monitor CONSULTANT's services. CITY will notify CONSULTANT of any
deficiencies and CONSULTANT will have fifteen (15) days after such notification to cure any
shortcomings to CITY's satisfaction. Costs associated with curing the deficiencies will be borne
by CONSULTANT.
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5. NON-APPROPRIATION OF FUNDS. Payments due and payable to CONSULTANT for
current services are within the current budget and within an available, unexhausted and
unencumbered appropriation of the CITY. In the event the CITY has not appropriated suffiCieDt
funds for payment of CONSULTANT services beyond the cur-rent fiscal year, this Agreement
will cover only those costs incurred up to the conclusion of the current fiscal year.
A. CITY's city manager ("Manager") may determine, at the Manager's soll"I
discretion, that CONSULTANT must perform additional work ("Addition
Work7) to complete the Scope of Work. If Additional Work is needed, tbi
Manager will give written authorization to CONSULTANT to perform su
Additional Work.
13 If CONS4LTANT believes Additional Work is needed to complete the Scope of
Work, CONSULTANT will provide the Manager with written notification that
contains a specific description of the proposed Additional Work, reasons for such
Additional Work, and a detailed proposal regarding cost.
C. Payments over $ 0 for Additional or must be approved by CITY's city
council. All Additional or will be subject to all other terms and provisions of
this Agreement.
FAIMMY1
i, Carefully investigated and considered the scope of services to be
performed;
ii. Carefully considered how the services should be performed; and
Understands the facilities, difficulties, and restrictions attending
performance of the services under this Agreement.
If services involve work upon any site, CONSULTANT agrees that
CONSULTANT has or will investigate the site and is or will be fully acquainted
with the conditions there existing, before commencing the services hereunder.
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Should CONSULTANT discover any latent or unknown conditions that may
materially affect the performance of the services, CONSULTANT will
immediately inform CITY of such fact and will not proceed except at
CONSULTANT's own risk until written instructions are received from CITY.
8. TERM. The term of this Agreement will be from October 15, 2012 , to - September
30 2013. Unless otherwise determined by written amendment between the parties, this
Agreement will terminate in the following instances:
I M
CONSULTANT furnishes proof of insurance as required under Section 23
of this Agreement; and
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B Should CONSULTANT begin work on any phase in advance of receiving writt
authorization to proceed, any such professional services are at CONSULTANT
own risk. I
11. CONSISTENCY. In interpreting this Agreement and resolving any ambiguities, the main
body of this Agreement takes precedence over the attached Exhibits; this Agreement supersedes
any conflicting provisions. Any inconsistency between the Exhibits, will be resolved in the order
in which the Exhibits appear below:
12. CHANGES. CITY may order changes in the services within the general scope of this
Agreement, consisting of additions, deletions, or other revisions, and the contract sum and the
contract time will be adjusted accordingly. All such changes must be authorized in writing,
executed by CONSULTANT and CITY. The cost or credit to CITY resulting from changes in
the services will be determined in accordance with written agreement between the parties.
13. TAXPAYER IDENTIFICATION NUMBER. CONSULTANT will provide CITY with a
Taxpayer Identification Number.
14. PERMITS AND LICENSES. CONSULTANT, at its sole expense, will obtain and
maintain during the term of this Agreement, all necessary pen-nits, licenses, and certificates that
may be required in connection with the performance of services under this Agreement.
16, TERMINATION,
A. Except as otherwise provided, CITY may terminate this Agreement at any till
with or without cause,
E. Should the Agreement be terminated pursuant to this Section, CITY may procu
on its own terms services similar to those terminated. i
F. By executing this documcnt, CONSULTANT waives any and all claims f
damages that might otherwise arise from CITY's termination under this Section.j
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A. CONSULTANT agrees to the following:
IZ For purposes of this section "CITY" includes CITY's officers, officia
employees, agents, representatives, and certified volunteers.
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termination of this Agreement.
D. The requirements as to the types and limits of insurance coverage to E-
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maintained by CONSULTANT as required by Section 23, and any approval of
said insurance by CITY, are not intended to and will not in any manner limit or
qualify the liabilities and obligations otherwise assumed by CONSULTANT
pursuant to this Agreement, including, without limitation, to the provisions
concerning indemnification.
20. ASSIGNABILITY. This Agreement is for CONSUUfANT's professional services.
CONSULTANT's attempts to assign the benefits or burdens of this Agreement without CITY's
written approval are prohibited and will be null and void.
Ai Before commencing performance under this Agreement, and at all other times this
Agreement is effective, CONSULTANT will procure and maintain the followin,,14
types of insurance with coverage limits complying, at a minimum, with the limits
set forth below:
Type of Insurance
B. Commercial general liability insurance will meet or exceed the requirements of
ISO-CGL Form No. CG 00 01 11 ♦ or 88. The amount of insurance set forth
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D. Automobile coverage will • written on ISO Business Auto Coverage Form C
00 0106 92, including symbol I (Any Auto). i
E. CONSULTANT will furnish to CITY duly authenticated Certificates of Insurance
evidencing maintenance of the insurance required under this Agreement and such
other evidence of insurance or copies of policies as may be reasonably required
by CrrY from time to time. Insurance must be placed with insurers with a current
A.M. Best Company Rating equivalent to at least a Rating of "A:Vfl."
F. Should CONSULTANT, for any reason, fail to obtain and maintain the insuran
required by this Agreement, CITY may obtain such coverage
CONSULTANT's ense uct the cst of such insurance o en
frm paym
due to CONSULTANT under this Amement or terminate Dursuant to Section 1 1
xpe and ded •
24. USE OF SUBCONTRACTORS. CONSULTANT must obtain CITY's prior written
approval to use any consultants while performing any portion • this Agreement. Such approval
must approve of the proposed consultant and the terms of compensation,
25. In CIDENTAL TASKS. CONSULTANT will meet with CITY monthly to provide the
status
• the project, which will include a schedule update and a short narrative description of
progress during the past month for each major task, a description of the work remaining and a
description • the work to be done before the next schedule update.
26. NOTICES. All communications to either party by the other party will • deemed made
when received by such party at its respective name and address as follows:
H
Jason Addison Smith Consulting Services Inc.
dbo JAS Pacific
PO Box 20U2
Upland, CA 91780
Attention: Jason Smith
City of El Segundo
350 Main Street
[77tl Segundo, CA 90245-3813
Any ME written communications By Man 17111 De CIVTLCOMIM�m ITEM
the addressee upon deposit thereof in the United States Mail, postage prepaid and prope
addressed as noted above. In all other instances, notices will be deemed given at the time
actual delivery. Changes may be made in the names or addresses of persons to whom notices
to be given by giving notice in the manner prescribed in this paragraph. I
27. CONFLICT OF INTEREST. CONSULTANT will comply with all conflict of interest
laws and regulations including, without limitation, CITY's conflict of interest regulations.
29. THIRD PARTY BENEFICIARIES. This Agreement and every provision herein is
generally for the exclusive benefit of CONSULTANT and CITY and not for the benefit of any
other party. There will be no incidental or other beneficiaries of any of CONSULTANT's or
CITY's obligations under this Agreement.
30. INTERPRETATION. This Agreement was drafted in, and will be construed in accordance
with the laws of the State of California, and exclusive venue for any action involving this
agreement will be in Los Angeles County.
In
IN VMNESS VaMREOF the parties hereto have executed this contract the day and year
first hereinabove written.
Ja%on Addisovi Smitli.
City Mon)
m
kox�),ayecll) No
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Because a high level of quality customer service is imperative to both the City and its residents, JAS Pacific proposes to provide the
City with building plan check services through the contracting of said services with our plan review team. The appropriate registered
engineer reviews all applicable plans that involve engineering design. Our Plans Examiners meet and /or exceed all necessary
qualifications including ICC certifications and relevant education, experience, and proficiency in all areas pertaining to residential and
commercial plan review. Staff will not only identify building code issues within the plans, but also will address the big picture and offer
helpful suggestions to reach life- safety and code compliance standards. Additionally, our proposed staff members possess a detailed
knowledge of the latest applicable local, state, and federal codes and regulations through both off -site and in -house training and have
been vetted through the Department of Justice compliant background screening process.
Plan Checker Duties and Responsibilities:
• Supplement the City's need to provide building plan review services and provide building plan review services in
accordance with all applicable state and local codes, laws, and ordinances.
• Conduct plan reviews of City's residential, commercial, and industrial buildings and structures for compliance with the
adopted version of the California Building Code, Green Code, Mechanical Code, Plumbing Code, and Electrical Code;
the City Municipal Code; the Accessibility and Energy Conservation requirements as mandated by State Title 24; and
all applicable City ordinances.
• Perform structural design code compliance reviews and compliance with the submitted Geotechnical Report findings
and recommendations and Ground Motion Hazard Analysis findings and recommendations for design and
construction.
• Review grading plans to assure conformance with City codes, written policies, and standard specifications and
compliance with the recommendations, specifications, and details contained in the submitted soils report and assure
that all appropriate details are shown on the plans. Review quantity calculations to assure accuracy and
completeness.
• Provide water quality management plan review for compliance with regional model WQMP and verify that grading
plans incorporate WQMP recommendations.
• Conduct Erosion Control Plan Review to verify erosion and sedimentation measures comply with the Best
Management Practices listed in the Storm Water Pollution Prevention Plans in compliance with NPDES and WQMP
requirements.
• As necessary, communicate with the applicant or designee (via telephone, mail, or in- person) and perform rechecks as
needed in order to achieve conformance with all applicable regulations.
• Coordinate plan reviews with other appropriate City agencies including but not limited to, agencies enforcing fire, health,
safety, sanitation, air quality, and other applicable codes.
• Ensure that the requirements of all other agencies having jurisdiction over projects are incorporated into the plan
review and approval process.
• Review and verify calculations of Plan Reviews (e.g. verify Hydromodification reports),
• Maintain accurate records.
Provide written notification to each applicant, consisting of a complete electronically- generated plan check letter which
outlines the documents reviewed, instructions to the applicant regarding the processing of documents, and a listing of
plan check documents. The plan check comments will refer to appropriate sheets, details or calculations pages, and
the code section.
• Availability will be during business hours to discuss and provide clarification of review comments, issues, and
corrections with designers, applicants, and contractors via telephone or in person If necessary and available.
Resolution of such instances may take place by telephone or by meetings prior to resubmitting corrected plans or
documents.
• Plan reviewers will be available during an emergency or natural disaster.
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• Attend all required meetings with permit applicants and/or other parties as directed by the City and representative
thereof.
• Provide City with monthly plan review status reports for all projects assigned,
• Maintain knowledge of adopted building, fire, plumbing, mechanical, electrical, and energy codes; and principles,
practices and methods of architectural, plumbing, mechanical, and electrical design and construction.
• All data gathered shall be the property of the City.
B. Building Inspection Services
JAS Pacific will provide the City with building and safety inspection services, through the contracting of Combination Building
Inspectors. Combination Building Inspectors will provide building inspection services throughout all phases of construction for various
improvement projects. All combination inspectors meet all qualifications, education, and certificationflicensing requirements including
an ICC Commercial Building Inspector certification or as otherwise approved by the City as stipulated in the request for proposals.
Additionally, our proposed staff members possess a detailed knowledge of the latest applicable local, state, and federal codes and
regulations through both off -site and in -house training and have been vetted through the Department of Justice compliant background
screening process.
Combination Inspector Duties and Responsibilities:
• Read and study project specifications, plans, reports, and calculations to become familiar with projects prior to
inspection, and ensuring that structural or architectural changes have been stamped as 'approved' by the appropriate
authority.
• Recognize the need for and requiring plan checks for Building, Electrical, Plumbing, and Mechanical Codes and
outside agency requirements.
• Perform and document inspections on constructions projects to determine that all aspects of the project work, such as
grading, foundations, building, electrical, plumbing, and mechanical systems conform to the applicable Codes, zoning
ordinances, energy conservation, and disabled access requirements including all local, City, State, and Federal legal
requirements.
• Perform and document inspections for emergency, disaster, and special inspection projects.
• Review plans for building construction, plumbing, electrical, and mechanical systems prior to making inspection.
• Approve certain changes in building, plumbing, mechanical, electrical, and related work consistent with code and
ordinance requirements.
• Participate in reviews with technical consultants, fire, health, and other government agency inspectors, as well as
owners.
• Assist in the coordination of job site conferences with technical consultants, engineers, architects, representatives of
the owner, equipment manufacturers, and subcontractors to review project requirements and clarifying or resolving any
questions or problems prior to commencing work.
• Recognize the need for, and requiring, soil tests where evidence indicates soil instability.
• Prepare written inspection notices and notices of noncompliance for City review on incorrect construction methods or
materials found during inspection.
• Confer with contractor or representative regarding construction methods and procedures as they relate to compliance
with plans and specifications.
• Maintain a written record of non - complying items and follow -up to resolution of such items.
• Record all significant construction- related activities and events, such as work completed, to provide a chronological
and factual history of inspection on assigned construction projects.
• Utilize automated permitting /inspection tracking systems in the office and /or field to obtain and record pertinent job
information.
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• Maintain all records within the appropriate Building and Safety office. No records shall be stored outside of City /City
premises.
Perform inspections within 24 hours of notification.
• Maintain accurate records.
• Provide clear and understandable written responses related to review.
• Establish professional working relationships with all affected City Departments to streamline enforcement efforts.
• Ensure that the public interests for a safe environment are met and uphold the preservation of health, safety, and
welfare of the public.
Be readily available to accommodate the overload of inspection demands in a timely manner.
• Possess current CalEMA Safety Assessment Program Certification.
• Possess and maintain a valid California Class C Driver's License with proof of required insurance.
• Possess and maintain all required certifications and licenses while providing services to the City. Should the model
codes used by the State of California as the basis for California building laws change during the course of the
Agreement, the City reserves the right to modify any or all of the certification requirements to correspond with current
California laws.
• Meet and maintain all Federal, State, or local mandated continuing education requirements. Evidence shall be
provided to the City upon request.
JAS Pacific will tailor a building inspection services program for the City. Our versatile approach adapts low cost and quality to the
organization's needs. JAS Pacific's goals of building and safety inspection services are code compliance, community safety, and
providing helpful mitigation suggestions to keep the project moving forward. JAS Pacific shall have adequate available staffing
resources including qualified building inspectors to provide the City with necessary staffing levels to meet the varying workload
demands and can ensure this through available back up staff.
C. NPDES Services
AS Pacific will provide the City with the review and inspection of Standard Urban Stormwater Mitigation Plans
(SUSMP) and local Stormwater Pollution Prevention Plans (LSWPPP) under the current NPDES permit. JAS
Pacific will review SUSMP and LSWPPP for new development sites to evaluate if the proposed BMPs (berms,
sandbags, sediment traps, filters, vegetative swales, etc) are adequate to meet the current permit requirements
and City goals for their stormwater quality program.
NPDES reviewer duties and responsibilities:
• Review plans for conformance with the LSWPPP, SWPPP and SUSMP programs.
• Review plans for conformance with City guidelines.
• Maintain contact with Regional Board staff on pertinent issues.
• Provide verification of previous inspections for BMP implementation.
• Provide appropriate information for annual reports.
• Work closely with City Planning / Building Stormwater Program Manager.
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10/9/12
1.
Houdy Rate
Plan Checker
0i
per hour
2.
Percentage
Initial review plus 2 rechecks
61'
of plan check fe-.
3.
NPDES Plan Review
$83,00
w, hour
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1.
Supervising + InspecW
$68A
per hour
2.
Senior ac
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