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HomeMy WebLinkAboutAGENDA REPORT 2023 0906 CCSA REG ITEM 10ICITY OF MOORPARK, 
CALIFORNIA City Council Meeting of September 6, 2023 ACTION APPROVED STAFF RECOMMENDATION. BY A. Hurtado. I. Consider Award of Agreement to Charles Abbott Associates, Inc. to Provide Building and Safety Services for the City. Staff Recommendation: Authorize award of Agreement to Charles Abbott Associates, Inc.; and authorize the City Manager to sign the Agreement, subject to final language approval of the City Manager and City Attorney. (Staff: Carlene Saxton, Community Development Director) Item: 10.I. MOORPARK CITY COUNCIL AGENDA REPORT TO: Honorable City Council FROM: Carlene Saxton, Community Development Director DATE: 09/06/2023 Regular Meeting SUBJECT: Consider Award of Agreement to Charles Abbott Associates, Inc. to Provide Building and Safety Services for the City SUMMARY Staff is requesting that the City Council approve a five-year Agreement with Charles Abbott Associates, Inc. (CAA) for building and safety services. The request comes after staff released a Request for Proposal (RFP) for Building and Safety Services and conducted an evaluation of five firms that provided proposals in response to the RFP. BACKGROUND The City, as a contract city, has historically provided Building and Safety Services by contract with professional consultants. Since 1989, these services have been provided by CAA. In 2006, the City issued an RFP, received two complete proposals for evaluation, and subsequently retained CAA as the independent consultant to provide building and safety services, citing excellent customer service and reasonable cost of services. Since the award of the contract to CAA in 2007, three amendments have been approved to accommodate increased fees, remote working conditions, and changes in the rent and overhead charges assessed by the City. DISCUSSION On April 3, 2023, the City issued a RFP for Building and Safety Services, seeking a consultant for the administration of a Building and Safety Division, building plan check services, front counter customer service operations, and building inspections. The RFP for Building and Safety Services was posted on the City website by the City Clerk. Additionally, staff sent an email to twelve firms, which included a direct link to the RFP. Item: 10.I. 251 Honorable City Council 09/06/2023 Regular Meeting Page 2 By the RFP deadline of May 5, 2023, staff received five proposals. The proposals were reviewed by staff and ranked on the evaluation criteria delineated in the RFP, such as: understanding of scope of work, qualifications and experience, approach to scope of services, references, and cost. Staff selected three firms to short-list in the selection process. The three firms short-listed were Bureau Veritas North America, Inc., Charles Abbott Associates Inc., and m6 Consulting, Inc. The short-listed firms were invited to interview with staff in June 2023. All three firms were instructed to prepare a presentation and engage in a question-and-answer segment with the evaluation panel. The interviews were ranked based on how they addressed their ability to meet the City’s needs, their customer service focus, and the evaluation panel’s overall impression of the presentation and technical expertise. After the conclusion of interviews, the panel identified CAA as the top firm, and entered into negotiations for a professional services agreement. The recommendation to select CAA was reached based on their extensive experience and historical knowledge of the City’s building and safety operations, proven customer focused service, adaptability to staffing changes, overall experience and ability to meet the City’s Building and Safety requirements. After thorough review of the fee proposal, staff agreed that CAA offered the best value and comprehensive billing rates for their services. Furthermore, there was a consensus that CAA would maintain and continue to provide notable customer service to the City and project applicants. The City’s Building and Safety services will continue to be funded through revenue from corresponding building and safety fees and service charges, as specified by City Council Resolution. CAA personnel servicing City Hall will consist of two Permit Technicians, a Deputy Building Official and a Certified Building Official. As detailed in the cost proposal, services will be compensated according to the following percentage of the fees collected for plan checks and building permits: Monthly Fees Collected CAA % of Fees First $50,000 87% Additional amounts between $50,001- $100,000 75% Additional amounts over $100,001 70% The fees collected are inclusive of all costs, including general and administrative, travel, per diem, training, materials, supplies, and other items necessary to complete regular building and safety services. Additional services or projects not assessed by a permit fee, such as those associated with the project for a new City Hall, will be billed according to the hourly rates in Exhibit D of the Agreement (Attachment 2). The remaining percentage of fees is retained as City revenue and used primarily for administration of the contract. 252 Honorable City Council 09/06/2023 Regular Meeting Page 3 In addition to the Scope of Services included within the RFP, the City has identified the processing of construction and demolition permits as an anticipated responsibility to be undertaken by the Building and Safety Division. CAA has agreed to include all customer service and counter operations related to receiving and processing construction and demolition permits in their contractual Scope of Services. This undertaking will facilitate a more centralized and efficient permit processing experience for project applicants. ENVIRONMENTAL DETERMINATION This action is exempt from the California Environmental Quality Act (CEQA) as it does not constitute a project, as defined by Section 15378 of the State CEQA Guidelines. Therefore, no further environmental review is required. FISCAL IMPACT The City pays for building and safety services directly through the revenue earned from permit processing and plan check fees. The existing agreement compensates CAA at the rate of 67% for plan checks and 58% for permit fees. Despite the overall increase of fees collected by CAA, the City has mitigated this cost through its update of the Schedule of Fees and Service Charges. CAA staff occupies office space within the Development and Community Services Building at City Hall to provide convenient customer service and coordination for the community. As such, CAA is required to pay the cost for the provision of office space and reasonable office support services including but not limited to its portion of utilities, computer network upkeep and service, and telephone service. This fee is proposed to be $2,528.70 and paid directly to the City through Accounts Receivable on a monthly basis. Staff is not proposing to change the current budget at this time since budget impacts are yet to be determined based on: 1) when CAA begins providing building and safety services at the increased rate, and 2) the number of permits issued in FY 2023/24. If warranted, staff may recommend adjusting the budget as part of the Mid-Year budget review process. COUNCIL GOAL COMPLIANCE This action is consistent with City Council Goal 3, Excellent City Governance, Objective 3.7: “Building and Safety Contract.” 253 Honorable City Council 09/06/2023 Regular Meeting Page 4 STAFF RECOMMENDATION Authorize award of Agreement to Charles Abbott Associates, Inc.; and authorize the City Manager to sign the Agreement, subject to final language approval of the City Manager and City Attorney. Attachment: Agreement with Charles Abbott Associates, Inc. 254 PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MOORPARK AND CHARLES ABBOTT ASSOCIATES, INC., FOR BUILDING AND SAFETY SERVICES THIS AGREEMENT, made and effective as of _____________________________________, between the City of Moorpark, a municipal corporation (“City”) and Charles Abbott Associates, Inc., California Corporation (“Consultant”). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: WHEREAS, City has the need for municipal building and safety services; and WHEREAS, Consultant specializes in providing such services and has the proper work experience, certifications, and background to carry out the duties involved; and WHEREAS, Consultant has submitted to City a Proposal dated May 5, 2023, which is attached hereto as Exhibit C. NOW, THEREFORE, in consideration of the mutual covenants, benefits, and premises herein stated, the parties hereto agree as follows: 1.TERM The term of this Agreement shall be from the date of execution to June 30, 2028, unless this Agreement is terminated or suspended pursuant to this Agreement. Upon the mutual consent of both parties, the term of this Agreement may be extended by a written amendment executed by both parties for one additional five (5) year period. 2.SCOPE OF SERVICES City does hereby retain Consultant, as an independent contractor, in a contractual capacity to provide building and safety services, as set forth in this section and within Exhibit C, attached to and part of this Agreement. In the event there is a conflict between the provisions of Exhibit C and this Agreement, the language contained in this Agreement shall take precedence. Consultant shall perform the tasks described and set forth in Exhibit C. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit C. Consultant shall provide all customer service and counter operations as they relate to construction and demolition permits, including but not limited to receive, process and issue permits; provide public information regarding permit applications; and identify and collect all required fees for permit applications. ATTACHMENT 255 Charles Abbott Associates, Inc. Page 2 of 18 Consultant shall have its hours of operation open to the public for the issuance of permits and other related services during regular business hours each City workday and shall observe the same holidays as City, unless otherwise approved in writing by the City Manager or his/her designee. City shall provide Consultant office space and support services for normal office operation between regular operating hours of 7:30 a.m. to 5:30 p.m. Monday through Thursday and 8:00 a.m. to 5:00 p.m. alternating Fridays. Consultant agrees to pay City monthly rent prior to the fifth day of each month, along with overhead charges for the use of City offices, equipment, technical support services, computer maintenance, software, software maintenance and other costs associated with running an office as specified in Exhibit E attached to and part of this Agreement. The City may have the need for services not specifically listed in this Scope of Services for which Consultant has the necessary experience and capabilities to provide such services. The City may authorize the Consultant to perform such related services or any other duties mutually agreed upon between the Consultant and the City. 3.PERFORMANCE Consultant shall at all times faithfully, competently and to the best of their ability, experience, standard of care, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. Consultant will ensure all of their employees assigned to this Agreement comply with the Fair Political Practices Commission, Conflict of Interest Code reporting, “Statement of Economic Interests,” as adopted by City Resolution. Consultant will report to the Community Development Director the names and titles of all employees, new employees and terminations of employment assigned to this Agreement within two (2) weeks of said employment, or termination to allow for compliance with reporting requirements under Conflict of Interest reporting mandated deadlines. 4.MANAGEMENT The individuals directly responsible for Consultant’s overall performance of the Agreement provisions herein above set forth and to serve as principal liaisons between City and Consultant shall be Rusty R. Reed, President/CEO and Tom Juzwiak, Certified Building Official, and no other individuals may be substituted without the prior written approval of the City Manager. The City’s contact person in charge of administration of this Agreement, and to serve as principal liaison between Consultant and City, shall be the City Manager or the City Manager’s designee. 256 Charles Abbott Associates, Inc. Page 3 of 18 5.COMPENSATION AND PAYMENT Taxpayer ID or Social Security numbers must be provided by Consultant on an IRS W-9 form before payments may be made by City to Consultant. The City agrees to pay the Consultant monthly, in accordance with the payment rates and terms as set forth in Exhibit D, attached to and part of this Agreement. The hourly fee rates for services provided pursuant to this Agreement shall be those contained in Exhibit D. Said rates may be adjusted May 1, 2024, and each subsequent May 1 as follows: Consultant shall notify City in writing forty-five (45) days or more prior to May 1 of the proposed changes in said hourly rates. The proposed change shall be either the change to the Consumer Price Index, using the U.S. City Average for All Urban Consumers All Items Indexes for the previous 12-month period (April to previous April) or seven percent (7%), whichever is less. Said changes consistent with the above limits shall become effective July 1 unless City notifies Consultant in writing of its rejection of the intended changes in hourly rates. A written request for changes in excess of the above limits must be submitted to City forty-five (45) days prior to the proposed effective date and requires City Council approval to become effective. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement, which are in addition to those set forth herein, unless such additional services and compensation are authorized, in advance, in a written amendment to this Agreement executed by both parties. Consultant shall submit invoices monthly for actual services performed. Invoices shall be submitted on or about the first business day of each month, or as soon thereafter as practical, for services provided in the previous month. Consultant shall prepare detailed monthly reports in support of invoices submitted for payment. The reports will include, but are not limited to, fees collected, staffing levels provided, staff hours expended, the number of plans reviewed, number of inspections performed, and other statistical information pertinent to the services provided. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. Any expense or reimbursable cost appearing on any invoice shall be accompanied by a receipt or other documentation subject to approval of the City Manager or the City Manager’s designee. If the City disputes any of Consultant’s fees or expenses, City shall give written notice to Consultant within thirty (30) days of receipt of any disputed fees set forth on the invoice. 6.TERMINATION OR SUSPENSION WITHOUT CAUSE This Agreement may be terminated by Consultant when City is provided a written notice ninety (90) days in advance of such termination. City may terminate this Agreement with or without cause at any time with thirty (30) days written notice of such termination. In the event of such termination, Consultant shall be compensated for such services up 257 Charles Abbott Associates, Inc. Page 4 of 18 to the date of termination. Such compensation for work in progress would be pro-rated as to the percentage of progress completed at the date of termination. The Consultant’s failure to comply with the performance metrics delineated by the plan review guaranteed turnaround times, below, may be cause for suspension or termination pursuant to this Section. Single Family Dwelling 10 business days Re-Review 5 business days Tenant Improvements 10 business days New Commercial/Industrial 10 business days Revisions to Approved Plans 1-5 business days 7. DEFAULT OF CONSULTANT The Consultant’s failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate or suspend this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant’s control, and without fault or negligence of the Consultant, it shall not be considered a default. If the City Manager or his/her designee determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, he/she shall cause to be served upon the Consultant a written notice of the default. The Consultant shall have thirty (30) days after service upon it of said notice 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 at law, in equity or under this Agreement. 8. LIQUIDATED DAMAGES There are no liquidated damages under this Agreement. 9. OWNERSHIP OF DOCUMENTS Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts, and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or the City’s designees at reasonable times to such books and records; shall give the City the right to examine and audit said books and 258 Charles Abbott Associates, Inc. Page 5 of 18 records; shall permit City to make transcripts therefrom as necessary; and shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement. Notification of audit shall be provided at least thirty (30) days before any such audit is conducted. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. Upon completion of, or in the event of termination or suspension without cause of this Agreement, all original documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused, or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files, Consultant shall make available to the City, at the Consultant’s office and upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring, and printing computer files. 10. REMOTE ACCESS TO CITY SERVER City may, at its sole discretion, provide remote access through a virtual private network (VPN) account to Consultant to allow Consultant employees access from the field to the Building and Safety permit database files located on a City server. Access may include the ability to read files as well as update file data in the Building and Safety permit database. City may revoke remote access at any time for any reason. If VPN remote access is provided by City, Consultant shall be responsible for obtaining and maintaining all portable electronic equipment necessary for remote access. Consultant understands and agrees that City assumes no liability for any malfunction or damage to Consultant’s equipment. Consultant understands and agrees that City shall be responsible for issuing individual passwords for VPN remote access to Consultant’s employees, that each password issued by City is for the sole use of the person issued that password, and that the password shall not be shared with anyone. Consultant further understands and agrees that the passwords shall not be used for any purpose other than access to the Building and Safety permit database during the City’s normal working hours; that any access outside of the City’s normal working hours shall require the authorization of the Community Development Director or other designee of the City Manager; and that Consultant shall take reasonable steps to keep passwords secure and to prevent their disclosure, modification, or use by any unauthorized person in a manner to the satisfaction of City. Consultant agrees that its employees shall not save their VPN password into the electronic device used to obtain remote access to the City’s Building and Safety permit database, and the VPN password shall be fully entered each time of VPN remote access. The intent of this requirement is to ensure that if an electronic device used to access the City’s Building and Safety permit database is lost or stolen, there will be no automatic password access to the City’s database by an unauthorized person. Consultant understands and agrees to notify the City immediately when any Consultant employee providing Building and Safety services to the City, who has been 259 Charles Abbott Associates, Inc. Page 6 of 18 issued a password, is no longer providing Building and Safety services to City on behalf of Consultant, and shall also immediately notify City if any electronic device used to access the City’s Building and Safety permit database is lost, stolen, or compromised. Consultant also agrees to provide email correspondence to the Community Development Director on the first Monday of each month, identifying the names of each of Consultant’s current employees with a continuing, active VPN remote access to the City’s Building and Safety permit database. The intent of this requirement is to ensure the City will have the opportunity to regularly verify Consultant’s personnel with authorized VPN remote access to the City’s Building and Safety permit database. Consultant understands and agrees to provide written acknowledgement from each employee providing Building and Safety services for the City that the employee has read and agrees to comply with the requirements of this Agreement; and City of Moorpark Administrative Policy G-1: Appropriate Use of City Technology, and as may be amended from time to time, when using any City computer equipment, any Consultant-provided computer equipment used on City premises or off-site in the course of work for the City, and any personal computer equipment when used on City premises or off-site in the course of work for the City. For the purposes of this Section, computer equipment includes all stationary and mobile devices capable of accessing the internet, sending or receiving e-mails, or accessing the City’s server. 11.INDEMNIFICATION AND HOLD HARMLESS Indemnity for professional liability: When the law establishes a professional standard of care for Consultant’s Services, to the fullest extent permitted by law, Consultant shall indemnify, protect, defend and hold harmless City and any and all of its officials, employees, and agents (“Indemnified Parties”) from and against any and all losses, liabilities, damages, costs and expenses, including legal counsels’ fees and costs to the extent same are caused in whole or in part by any negligent or wrongful act, error or omission of Consultant, its officers, agents, employees or subconsultants (or any agency or individual that Consultant shall bear the legal liability thereof) in the performance of professional services under this Agreement. Indemnity for other than professional liability: Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, protect, defend and hold harmless City, and any and all of its officials, employees, and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including legal counsels’ fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or agency for which Consultant is legally liable, including but not limited to officers, agents, employees or subcontractors of Consultant. Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this Section from each and every subcontractor, or any other person or entity involved by, for, with, or on behalf of Consultant in the performance 260 Charles Abbott Associates, Inc. Page 7 of 18 of this Agreement. In the event Consultant fails to obtain such indemnity obligations from others as required here, Consultant agrees to be fully responsible according to the terms of this Section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth here is binding on the successors, assigns, or heirs of Consultant and shall survive the termination of this Agreement or this Section. City does not and shall not waive any rights that it may have against Consultant by reason of this Section, because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. The hold harmless and indemnification provisions shall apply regardless of whether or not said insurance policies are determined to be applicable to any losses, liabilities, damages, costs, and expenses described in this Section. 12. INSURANCE Consultant shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in Exhibit A attached hereto and incorporated herein by this reference as though set forth in full. 13. INDEPENDENT CONSULTANT Consultant is and shall at all times remain as to the City a wholly independent Contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Consultant or any of Consultant’s officers, employees, or agents, except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers or employees, or agents of the City except as set forth in this Agreement. Consultant shall not incur or have the power to incur any debt, obligation, or liability against City, or bind City in any manner. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. For City business purposes, position titles utilized by Consultant’s employees shall be approved by the City Manager or his/her designee. All correspondence and written documents prepared on behalf of the City, including but not limited to letters, memorandums, emails, forms, and permits, shall clearly identify Consultant’s employees as employed by Charles Abbott Associates, Inc., to the satisfaction of the City Manager or his/her designee. Additionally, Consultant shall provide its employees with business cards that clearly identify Charles Abbott Associates, Inc. as the employer and include both City and Consultant office contact information to the satisfaction of the City Manager 261 Charles Abbott Associates, Inc. Page 8 of 18 or his/her designee. Consultant shall also provide its employees with metal name badges that include the employee’s name, Charles Abbott Associates, Inc., and “Independent Contractor for City of Moorpark”, to the satisfaction of the City Manager or his/her designee. The name badge shall be worn at all times while conducting the business of the City of Moorpark pursuant to this Agreement. During the term of this contract, and for a period of six months after the term of this contract, Consultant agrees not to solicit, recruit, or contact any City employee for purposes of hiring such employee or for purposes of retaining such employee to work for Consultant as a consultant. Consultant agrees that if any City employee submits an unsolicited application for employment or consulting work to Consultant and Consultant hires such City employee as an employee or consultant, Consultant shall pay to City a fee of Seventy-Five Thousand Dollars ($75,000.00) to compensate City for costs associated with recruitment of a replacement, training, temporary interim employees, and other related expenses. 14. LEGAL RESPONSIBILITIES The Consultant shall keep itself informed of local, state, and federal laws and regulations which in any manner affect those employed by it or in any way 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, including but not limited to the Americans with Disabilities Act and Occupational Safety and Health Administration laws and regulations. The Consultant shall comply with and sign Exhibit B, the Scope of Work Requirement for Professional Services Agreements Compliance with California Government Code Section 7550, when applicable. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this Section. Should the Scope of Services include work that is considered a public work to which prevailing wages apply, the public work project is subject to compliance monitoring and enforcement by the California Department of Industrial Relations (DIR). Consultant agrees to comply with and be bound by all applicable terms, rules and regulations described in (a) Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code, including without limitation Labor Code Section 1771 and (b) the rules and regulations established by the DIR implementing such statutes, as though set forth in full herein, including any applicable amendments made thereto during the term of this Agreement. For every subcontractor who will perform work on this project, Consultant shall be responsible for subcontractor’s compliance with (a) and (b), and Consultant shall take all necessary actions to ensure subcontractor’s compliance. Labor Code Section 1725.5 requires all contractors and subcontractors to annually register with the DIR before bidding or performing on any public work contract. 15. ANTI DISCRIMINATION Neither the Consultant, nor any subconsultant under the Consultant, shall discriminate in employment of persons upon the work because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, 262 Charles Abbott Associates, Inc. Page 9 of 18 genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status; or any other basis protected by applicable federal, state, or local law, except as provided in Section 12940 of the Government Code. Consultant shall have responsibility for compliance with this Section. Consultant understands and agrees to provide written acknowledgement from each employee providing Building and Safety services for the City that the employee has read and agrees to comply with the City Council adopted Policy against Harassment, Discrimination, and Retaliation, and as may be amended from time to time. Consultant agrees to provide at least two (2) hours of classroom or other effective interactive training and education regarding sexual harassment, discrimination, and retaliation to all of its supervisory employees assigned to work for the City, a minimum of once every two (2) years and within six (6) months for a new hire. 16.UNDUE INFLUENCE Consultant declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of the City in connection with the award, terms, or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of the City will receive compensation, directly or indirectly from Consultant, or any officer, employee, or agent of Consultant, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement. Violation of this Section shall be a material breach of this Agreement entitling the City to any and all remedies at law or in equity. 17.NO BENEFIT TO ARISE TO LOCAL EMPLOYEES No member, officer, or employee of the City, or their designees or agents, and no public official who exercises authority over or responsibilities with respect to the Services during his/her tenure or for one year thereafter, shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for work to be performed in connection with the Services performed under this Agreement. 18.CONFLICT OF INTEREST Consultant covenants that neither they nor any officer or principal of their firm have any interests, nor shall they acquire any interest, directly or indirectly, which will conflict in any manner or degree with the performance of their services hereunder. Consultant further covenants that in the performance of this Agreement, they shall employ no person having such interest 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 the developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) and/or public agency(ies) owning property and/or processing an entitlement application for property in the City or its Area of Interest, now or within the past one (1) year, and further covenants and agrees that Consultant and/or its subconsultants shall provide no service or enter into any contract with any developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) and/or public agency(ies) 263 Charles Abbott Associates, Inc. Page 10 of 18 owning property and/or processing an entitlement application for property in the City or its Area of Interest, while under contract with the City and for a one (1) year time period following termination of this Agreement. 19. NOTICE Any notice to be given pursuant to this Agreement shall be in writing, and all such notices and any other document to be delivered shall be delivered by personal service or by deposit in the United States mail, certified or registered, return receipt requested, with postage prepaid, and addressed to the party for whom intended as follows: To: City Manager City of Moorpark 799 Moorpark Ave. Moorpark, CA 93021 To: Charles Abbott Associates, Inc. 27201 Los Altos #200 Mission Viejo, CA 92691 Attn: Rusty R. Reed Either party may, from time to time, by written notice to the other, designate a different address or contact person, which shall be substituted for the one above specified. Notices, payments and other documents shall be deemed delivered upon receipt by personal service or as of the third (3rd) day after deposit in the United States mail. 20. CHANGE IN NAME Should a change be contemplated in the name or nature of the Consultant's legal entity, the Consultant shall first notify the City in order that proper steps may be taken to have the change reflected in the Agreement documents. 21. ASSIGNMENT Consultant shall not assign this Agreement or any of the rights, duties, or obligations hereunder. It is understood and acknowledged by the parties that Consultant is uniquely qualified to perform the services provided for in this Agreement. 22. LICENSES At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services in this Agreement. 264 Charles Abbott Associates, Inc. Page 11 of 18 23. VENUE AND GOVERNING LAW This Agreement is made, entered into, and executed in Ventura County, California, and any action filed in any court or for arbitration for the interpretation, enforcement or other action of the terms, conditions, or covenants referred to herein shall be filed in the applicable court in Ventura County, California. The City and Consultant understand and agree that the laws of the state of California shall govern the rights, obligations, duties, and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. 24. COST RECOVERY In the event any action, suit or proceeding is brought for the enforcement of, or the declaration of any right or obligation pursuant to this Agreement or as a result of any alleged breach of any provision of this Agreement, the prevailing party shall be entitled to recover its costs and expenses, including attorneys’ fees, from the losing party, and any judgment or decree rendered in such a proceeding shall include an award thereof. 25. ENTIRE AGREEMENT This Agreement and the Exhibits attached hereto contain the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations, and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party’s own independent investigation of any and all facts such party deems material. 26. CAPTIONS OR HEADINGS The captions and headings of the various Articles, Paragraphs, and Exhibits of this Agreement are for convenience and identification only and shall not be deemed to limit or define the content of the respective Articles, Paragraphs, and Exhibits hereof. 27. AMENDMENTS Any amendment, modification, or variation from the terms of this Agreement shall be in writing and shall be effective only upon approval by both parties to this Agreement. 28. PRECEDENCE In the event of conflict, the requirements of the City’s Request for Proposal, if any, and this Agreement shall take precedence over those contained in the Consultant’s Proposal. 265 Charles Abbott Associates, Inc. Page 12 of 18 29.INTERPRETATION OF AGREEMENT Should interpretation of this Agreement, or any portion thereof, be necessary, it is deemed that this Agreement was prepared by the parties jointly and equally, and shall not be interpreted against either party on the ground that the party prepared the Agreement or caused it to be prepared. 30.WAIVER No waiver of any provision of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any such waiver constitute a continuing or subsequent waiver of the same provision. No waiver shall be binding unless executed in writing by the party making the waiver. 31.AUTHORITY TO EXECUTE The person or persons executing this Agreement on behalf of the Consultant warrants and represents that he/she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of obligations hereunder. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF MOORPARK CHARLES ABBOTT ASSOCIATES, INC. __________________________________ __________________________________ Troy Brown, City Manager Rusty R. Reed, President Attest: __________________________________ Ky Spangler, City Clerk 266 Charles Abbott Associates, Inc. Page 13 of 18 Exhibit A INSURANCE REQUIREMENTS Prior to the beginning of and throughout the duration of Work, Consultant will maintain insurance in conformance with the requirements set forth below. Consultant will use existing coverage to comply with these requirements. If that existing coverage does not meet requirements set forth here, Consultant agrees to amend, supplement, or endorse the existing coverage to do so. Consultant acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to the City in excess of the limits and coverage required in this Agreement and which is applicable to a given loss, will be available to the City. Consultant shall provide the following types and amounts of insurance: Commercial General Liability Insurance using Insurance Services Office (ISO) “Commercial General Liability” policy form CG 00 01 or the exact equivalent. Defense costs must be paid in addition to limits. There shall be no cross liability exclusion for claims or suits by one insured against another. Limits are subject to review but in no event less than $1,000,000 per occurrence for all covered losses and no less than $2,000,000 general aggregate. Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including symbol 1 (Any Auto) or the exact equivalent. Limits are subject to review, but in no event to be less than $1,000,000 per accident. If Consultant owns no vehicles, this requirement may be satisfied by a non-owned auto endorsement to the general liability policy described above. If Consultant or Consultant’s employees will use personal autos in any way on this project, Consultant shall provide evidence of personal auto liability for each such person. Workers’ Compensation on a state-approved policy form providing statutory benefits as required by law with employer’s liability limits no less than $1,000,000 per accident or disease. Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Consultant and “Covered Professional Services” as designated in the policy must specifically include work performed under this Agreement. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer’s duty to defend. The policy retroactive date shall be on or before the effective date of this Agreement. Cyber technology errors and omissions insurance with limits of $1,000,000 per occurrence/loss, $2,000,000 general aggregate, which shall include the following coverage: 267 Charles Abbott Associates, Inc. Page 14 of 18 a. Liability arising from the unauthorized release of information for which an entity has the legal obligation to keep private, such as personally identifiable information (PII) and protected health information(PHI). b. Network security liability arising from the unauthorized use of, access to, or tampering with computer systems, including hacker or denial of service attacks. c. Liability arising from the failure of technology products (software and hardware) required under the contract for Consultant to properly perform the intended services. d. Claims alleging the failure of computer security that result in the transmission of malicious code, deletion, destruction or alteration of data, or the denial of service. e. Electronic Media Liability arising from personal injury, plagiarism or misappropriation of ideas, domain name infringement or improper deep-linking or framing, and infringement or violation of intellectual property rights. f. Liability arising from the rendering, or failure to render, professional services. g. Defense costs in regulatory proceedings (state and federal) involving a violation of privacy laws or intellectual property rights. h. Crisis management and other expert services. If coverage is maintained on a claims-made basis, the Consultant shall maintain such coverage for an additional three (3) years following termination of the contract. Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit requirements, shall provide coverage at least as broad as specified for the underlying coverages. Coverage shall be provided on a “pay on behalf” basis, with defense costs payable in addition to policy limits. Policy shall contain a provision obligating insurer at the time insured’s liability is determined, not requiring actual payment by the insured first. There shall be no cross liability exclusion precluding coverage for claims or suits by one insured against another. Coverage shall be applicable to the City for injury to employees of Consultant, subconsultants, or others involved in the Work. The scope of coverage provided is subject to approval by the City following receipt of proof of insurance as required herein. Limits are subject to review but in no event less than $2,000,000 aggregate. Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the State of California and with an A.M. Bests rating of A- or better and a minimum financial size of VII. General conditions pertaining to provision of insurance coverage by Consultant. Consultant and the City agree to the following with respect to insurance provided by Consultant: 1. Consultant agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds the City, its officials, employees, and agents, using standard ISO endorsement CG 2010 and CG 2037 268 Charles Abbott Associates, Inc. Page 15 of 18 with edition acceptable to the City. Consultant also agrees to require all contractors and subcontractors to do likewise. 2.No liability insurance coverage provided to comply with this Agreement shall prohibit Consultant, or Consultant’s employees, or agents, from waiving the right to subrogation prior to a loss. Consultant agrees to waive subrogation rights against the City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise. 3.All insurance coverage and limits provided by Contractor and available or applicable to this Agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operation limits the application of such insurance coverage. 4.None of the coverages required herein will be in compliance with these requirements if they include limiting endorsement of any kind that has not been first submitted to the City and approved in writing. 5.No liability policy shall contain any provision or definition that would serve to eliminate so-called “third party action over” claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor. 6.All coverage types and limits required are subject to approval, modification, and additional requirements by the City, as the need arises. Consultant shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect the City’s protection without the City’s prior written consent. 7.Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverages required and an additional insured endorsement to Consultant’s general liability policy, shall be delivered to city at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled or reduced at any time and no replacement coverage is provided, the City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other Agreement and to pay the premium. Any premium so paid by the City shall be charged to and promptly paid by Consultant or deducted from sums due Consultant, at the City’s option. 8.Certificate(s) are to reflect that the insurer will provide thirty (30) days notice to the City of any cancellation or reduction of coverage. Consultant agrees to require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation or reduction of coverage imposes no obligation, or that any party will “endeavor” (as opposed to being required) to comply with the requirements of the certificate. 9.It is acknowledged by the parties of this Agreement that all insurance coverage required to be provided by Consultant or any subcontractor, is intended to apply 269 Charles Abbott Associates, Inc. Page 16 of 18 first and on a primary, non-contributing basis in relation to any other insurance or self-insurance available to the City. 10. Consultant agrees to ensure that subcontractors, and any other party involved with the Work who is brought onto or involved in the Work by Consultant, provide the same minimum insurance required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with subcontractors and others engaged in the Work will be submitted to the City for review. 11. Consultant agrees not to self-insure or to use any self-insured retentions or deductibles on any portion of the insurance required herein and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer, or other entity or person in any way involved in the performance of Work contemplated by this Agreement to self-insure its obligations to the City. If Consultant’s existing coverage includes a deductible or self-insured retention, the deductible or self- insured retention must be declared to the City. At that time, the City shall review options with the Consultant, which may include reduction or elimination of the deductible or self-insured retention, substitution of other coverage, or other solutions. 12. The City reserves the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City will negotiate additional compensation proportional to the increased benefit to the City. 13. For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement. 14. Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with an insurance requirement in no way imposes any additional obligations to the City nor does it waive any rights hereunder in this or any other regard. 15. Consultant will renew the required coverage annually as long as the City, or its employees or agents face an exposure from operations of any type pursuant to this Agreement. This obligation applies whether or not the Agreement is canceled or terminated for any reason. Termination of this obligation is not effective until the City executes a written statement to that effect. 16. Consultant shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Consultant’s insurance agent to this effect is acceptable. A certificate of insurance 270 Charles Abbott Associates, Inc. Page 17 of 18 and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to the City within five days of the expiration of coverage. 17. The provisions of any Workers’ Compensation or similar act will not limit the obligations of Consultant under this Agreement. Consultant expressly agrees not to use any statutory immunity defenses under such laws with respect to the City, its employees, officials and agents. 18. Requirements of specific coverage features or limits contained in this section are not intended as limitations on coverage, limits, or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all- inclusive. 19. These insurance requirements are intended to be separate and distinct from any other provision in this Agreement and are intended by the parties here to be interpreted as such. 20. The requirements in this section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts or impairs the provisions of this section. 21. Consultant agrees to be responsible for ensuring that no contract used by any party involved in any way with the Work reserves the right to charge the City or Consultant for the cost of additional insurance coverage required by this Agreement. Any such provisions are to be deleted with reference to the City. It is not the intent of the City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against the City for payment of premiums or other amounts with respect thereto. 22. Consultant agrees to provide immediate notice to City of any claim or loss against Consultant arising out of the work performed under this Agreement. The City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve the City. 271 Charles Abbott Associates, Inc. Page 18 of 18 Exhibit B CITY OF MOORPARK Scope of Work Requirement for Professional Services Agreements Compliance with California Government Code Section 7550 Consultant shall sign and include this page in any document or written reports prepared by Consultant for the City of Moorpark (City) to which California Government Code Section 7550 (Government Code § 7550) applies. Government Code §7550 reads: “(a) Any document or written report prepared for or under the direction of a state or local agency, that is prepared in whole or in part by nonemployees of the agency, shall contain the numbers and dollar amounts of all contracts and subcontracts relating to the preparation of the document or written report; if the total cost for the work performed by nonemployees of the agency exceeds five thousand dollars ($5,000). The contract and subcontract numbers and dollar amounts shall be contained in a separate section of the document or written report. (b) When multiple documents or written reports are the subject or product of the contract, the disclosure section may also contain a statement indicating that the total contract amount represents compensation for multiple documents or written reports.” For all Professional Services Agreement with a total dollar value in excess of $5,000, a signed and completed copy of this form must be attached to all documents or completed reports submitted to the City pursuant to the Scope of Work. Does the dollar value of this Professional Services Agreement exceed $5,000? Yes No If yes, then the following information must be provided in compliance with Government Code § 7550: 1.Dollar amount of Agreement/Contract: $ ____________ 2.Dollar amount of Subcontract: $ ____________ 3.Does the total contract amount represent compensation for multiple documents or written reports?  Yes  No I have read the foregoing Code section and will comply with Government Code §7550. __________________________________ ______________________ Date 272 professional government services 12 CAA will provide all materials, resources, tools and training required for our professionals to perform their assigned duties, including vehicles, cell phones, iPads, and other technology devices that enhance our service. CAA acknowledges the City’s terms for a rental agreement of approximately 309 square feet of office space at a market rent of $1.33/square foot. Building & Safety Division Administration CAA will continue to provide an ICC Certified Building Official available during business hours to be responsible for the administration and enforcement of the City’s various codes and ordinances related to building safety while ensuring that the health and safety of the public are maintained through adherence to the requirements established by law for the construction, alteration or use of new and existing buildings. Through cooperation with other departments, CAA is able to assist in protecting the economic interests of the community with the ultimate goal of ensuring the development of safe and sustainable buildings for subsequent generations. A Deputy Building Official / Senior Building Inspector and Permit Technician will be available at City Hall during regular business hours. Additional staffing will be provided should workload demands increase. Our Building& Safety Division Administration includes the following responsibilities: •Serve as the City’s Building Official and ensure compliance with adopted building codes, City ordinances, and conditions of approval. •Issue Certificates of Use and Occupancy. •Continually review building codes and recommend code updates as needed or required by State law; provide direction in the processing of complex Building Codes issues, including historic structures, and dispute resolution; develop and maintain Building and Safety Procedures Manual. •Ensure all building related activities are entered into the City’s tracking system and prepare detailed monthly, quarterly, and annual reports of activities to the City. The reports will include, but are not limited to, fees collected, staffing levels provided, staff hours expended, the number of plans reviewed, number of inspections performed, and other statistical information pertinent to the services provided. •Attend Planning Commission and Council meetings as needed; prepare Planning Commission and City Council reports and recommendations; and provide comments and conditions of approval. •Ensure proper staffing levels, supervision, and training of all subordinate team members in order to maintain the minimum production standards, and provide quality control review of plan checks, inspections and permit processing in order to achieve customer service expectations. •Develop training and educational materials relevant to building safety for dissemination to the elected and appointed officials, contractors, and general public. •Attend meetings with staff, public officials, developers, contractors, and the general public as needed or directed in order to resolve problems and issues quickly and efficiently. •Provide resolution of residents and building community complaints and concerns. •Make determination on the approval and use of alternative materials and methods of construction. •Oversee the building permit and plan check, building inspection and counter services, assist with issuing permits and respond to public inquires. •Perform all other administrative building and safety related duties, including developing and implementing office policies and procedures, and assuring that files and plans are secured, organized, and kept up to date. Approach to Scope of Services EXHIBIT C 273 professional government services 13 • Provide staff assistance for internal and external customers and assist other divisions such as Code Enforcement and Planning. • Additional services as needed and as requested by the City. Building Plan Check Services & Counter Operations CAA will continue to provide the plan review of any and all types of structures including, but not limited to, single family dwellings, multi-family dwellings, industrial and commercial buildings. Our registered professionals, ICC Certified Plan Examiners, and CASp certified staff will ensure compliance with all local codes and ordinances as well as State and Federal laws that pertain to Building and Safety. Plan review will be performed in-house and off- site when the need arises due to workload variations and in order to meet our committed timelines. CAA will pick- up or overnight Building Plans using “OnTrac” or a similar shipping firm to transport those plans requiring off-site review to and from the office of the City to CAA’s main office, where the plan check service will be provided. Most of our plan examiners are cross-trained and also certified as inspectors, providing a very efficient use of personnel and expediting the process for the applicant. Our team is well-versed in electronic plan review software, including the City’s EnerGov and Bluebeam systems. A certified plan reviewer will conduct a reasonable and lawful plan review of submitted construction documents for compliance with the following items: • CAA will perform over the counter building plan checks, answer technical questions from the public as needed, calculate and collect building permit and plan check fees, and review permit issuance. • Service at the building counter will be provided from 7:30 a.m. to 5:30 p.m. Monday through Thursday and alternating Fridays from 8:00 a.m. to 5:00 p.m. excluding City recognized holidays. • CAA will monitor and track the status of building permit applications and plan checks for expiration, and notify applicants prior to the expiration of their building permits. • CAA will continue to utilize a standard plan check created specifically for the City to ensure consistency in plan review and will update and maintain all forms in compliance with City requirements and regulations. • In the process of review, CAA will confirm building use, occupancy, and type of construction. • Structural drawings are reviewed by a licensed engineer in order to verify code compliance for all gravity loads, lateral loads and special loading conditions. Calculations are reviewed for completeness; materials indicated on the plans are identified and reviewed for conformance. • CAA staff are proficient in plan review for the California Codes including but not limited to Building, Residential, Architectural, Structural, Plumbing, Electrical and Mechanical. • CAA staff members are certified and familiar with the Energy Efficiency Standards for Residential and Non- Residential Buildings. Extensive annual training ensures that each staff member is aware of any updates and new requirements. Plans and supporting documentation are reviewed for completeness, accuracy, and minimum code compliance. • CAA staff attends ICC training relative to disabled access. CAA staff takes disabled access seriously and has been proactive on Accessibility Compliance Committees. Engineers, plans examiners, and certified personnel are fully trained and familiar with ADA and the Accessibility Code. CAA, when requested will offer plan review support to local Fire Marshals and their respective communities in compliance enforcement. • CAA recognizes the importance of and pursues environmentally conscious design and development procedures consistent with the U.S. Green Building Council (USGBC) and Leadership in Energy & Environmental Design (LEED) certification standards. 274 professional government services 14 •CAA has taken extensive steps to implement and use more efficient or “green” service options to its clients. CAA can provide various communication options, including electronic plan review, video conferencing and virtual permit specialist to our clients and applicants to reduce environmental impacts such as paper use, travel and commute impacts – all intended to reduce CAA’s and the City’s carbon footprint. •CAA will coordinate and interface with City Departments and other agencies as needed. We provide timely turnaround of plan reviews and re-reviews based on guaranteed turn-around times as shown below. These are maximum times, and we typically are able to turn around simple plan reviews in less than half the time. Routine and simple plan reviews will be conducted immediately over the counter. Expedited plan review is available if requested by the City. Single Family Dwelling 10 business days Re-Review 5 business days Tenant Improvements 10 business days New Commercial/Industrial 10 business days Revisions to Approved Plans 1-5 business days Building Inspections CAA will also continue to provide building inspections of residential and non-residential structures to ensure compliance with all local ordinances and State and Federal laws that pertain to Building and Safety. Our highly qualified and certified inspectors are thoroughly trained on these codes and local amendments, and maintain a close working relationship with planning, code enforcement and public works personnel. Our ICC Certified Inspector assigned to the City will: •Conduct daily inspections during business hours, as well as after hours or weekend inspections as dictated by the City. CAA will provide and maintain vehicles, cell phones, iPads, and other technology devices required to carry out the duties of building inspections. •Coordinate all building inspection requests and perform periodic construction inspections for compliance with applicable Federal and State regulations, City adopted building codes, National Pollution Discharge and Elimination System Permit (NPDES) requirements, approved plans, and other standards as applicable. •Inspect buildings for compliance and conditions of approval set forth by the City’s Development Services Department, Planning Commission, and/or City Council. •Provide complete, clear, concise corrections for the permit holder; corrections will be provided in a legible list and presented in a professional manner. Inspection notices will include at minimum: (a) the date and time of inspection, type of inspection, name of inspector, list of violations, corrective actions; and (b) authorization to proceed or notice of failure (whichever is applicable). •Ensure that all inspection turn-around times are met or improved. CAA will perform all inspections called in before 4pm no later than the end of the following business day. •Observe all safety and security procedures, and report potentially unsafe conditions immediately. CAA staff is trained to quickly identify and document any areas of non-compliance and is able to suggest corrective actions or alternate means where applicable. •Report code enforcement violations to the City immediately. CAA will submit a written record to the City as a result of any inspection within 24 hours after inspection period. CAA will issue stop-work notices for un- permitted building activities as required and, if necessary, issue red tags if the structure is deemed unsafe. 275 professional government services 15 • Attend meetings with staff, public officials, developers, contractors, and the general public as needed or directed in order to resolve problems and issues quickly and efficiently, as well as provide inspection consultations to citizens, applicants and contractors. • Conduct any necessary or required emergency inspections as directed by the City. Investigations will include field and office research, follow-ups and preparation of documentation. • Ensure daily inspection information is entered into the City’s tracking system daily and communicated to all affected stakeholders. • Coordinate with various City and County agencies and departments as needed to obtain compliance with building and safety code regulations. • Provide additional services as needed and as requested by the City. 276 professional government services 2 The fees outlined below are inclusive of all costs, including general and administrative, travel, per diem, training, materials, supplies, and other items necessary to complete the project. CAA offers to continue to provide all Building and Safety Services for the following percentage of the fees collected for plan check and permits by the City. Monthly Fees Collected CAA % of Fees First $50,000 87% Additional amounts between $50,001- $100,000 75% Additional amounts over $100,001 70% For additional services and projects not assessed a permit fee by the City, the following hourly rates apply: Cost Proposal EXHIBIT D 277 professional government services 3 ENGINEERING/PUBLIC WORKS HOURLY BUILDING & SAFETY HOURLY CLASSIFICATION RATES CLASSIFICATION RATES Principal Engineer 193.00 Principal Building Official 160.00 City Engineer 149.00 Building Official 138.00 Project Manager 160.00 Senior Building Inspector* 116.00 Senior Engineer 154.00 Building Inspector/Plan Checker 107.00 Project Engineer 145.00 Building Inspector* 99.00 Associate Engineer 121.00 Permit Specialist 73.00 Code Enforcement Officer 83.00 Senior Design Engineer 127.00 Assistant/Design Engineer 108.00 COMMUNITY DEVELOPMENT HOURLY CLASSIFICATION RATES Senior Plan Check Engineer 138.00 Plan Check Engineer 116.00 Community Development Director 160.00 Principal Planner 160.00 Senior Traffic Engineer/Manager 165.00 Senior Planner 140.00 Transportation Planner 121.00 Associate Planner 120.00 Traffic Engineer Associate 105.00 Assistance Planner 105.00 Planning Technician 90.00 3-Person Survey Crew 297.00 Code Enforcement Officer 83.00 2-Person Survey Crew 231.00 OTHER HOURLY Senior Draftsperson (CADD) 105.00 CLASSIFICATIONS RATES Draftsperson (CADD) 94.00 Landscape Architect Director 138.00 Senior Public Works Inspector* 116.00 Associate Landscape Architect 105.00 Public Works Inspector* 105.00 Expert Witness Services 330.00 Senior Contract Administrator 121.00 STORM WATER HOURLY Administrative Assistant 66.00 CLASSIFICATION RATES Clerical 55.00 Environmental Project Manager 165.00 Environmental Program Manager 125.00 Environmental Plan Checker 145.00 Associate Env. Plan Checker 115.00 Environmental Analyst 105.00 Environmental Associate 95.00 Environmental Inspector 90.00 The above hourly rates include general and administrative overhead and fees and employee payroll burden. Rates are subject to an annual adjustment based upon increases adopted by Charles Abbott Associates, Inc. as reflected in the Consumer Price Index (CPI). *The Hourly Rates identified are for Non-Prevailing Wage project inspection. Hourly Rates for Prevailing Wage project inspection will be $157.00 for regular time; $198.00 for overtime on Mondays through Saturdays; and $248.00 for overtime on Sundays and Holidays. Prevailing Wage rates are subject to increases pursuant to the State of California’s Department of Industrial Wage Rate Determinations. 278 RENT, OVERHEAD AND MAINTENANCE Consultant agrees to pay City monthly rent and costs for overhead and maintenance for the duration of the term of the agreement. Table 1 shows the square footage of office and support space for Building and Safety. Rent is based upon the market rate of $1.33 square foot of leasable space. Rent may be adjusted annually by City each July 1 based on a survey of the Moorpark and surrounding area. Notification of increased rent will be given, in writing, at least thirty (30)days prior to July 1. Table 2 shows the costs for overhead and maintenance per person. The calculation of total cost is based upon the three personnel in Building and Safety. Operation and Maintenance costs may be adjusted annually by City each July 1 base upon adjustments in the City costs of operations and maintenance. Notification of increased operation and maintenance cost will be given, in writing, at least thirty (30) days prior to July 1. TABLE 1 PER PERSON COST PER MONTH TOTAL SUPPORT SPACE IN SQ. FT. FOR 3 PEOPLE TOTAL OFFICE SQ. FT. UTILIZED MARKET RENTAL RATE (AT $1.33/SQ. FT.) PER MONTH Building & Safety 81 (27 X 3) 309 $518.70 TABLE 2 PER PERSON COST PER MONTH OPERATIONS & MAINTENANCE FOR IT UTILITIES (GAS, ELECTRIC & WATER) COPY MACHINE & SUPPLIES PHONE TOTAL COST PER MONTH Building & Safety $568 $39 $23 $40 $670.00 EXHIBIT E 279