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HomeMy WebLinkAbout2008-023 Willdan Engineering ORIGINAL CITY OF ATASCADERO 0 AM V 1918 ^ 9i 79 CONTRACT FOR WILLDAN ENGINEERING FOR PLANCHECK SERVICE e 1918 1979 CONSULTANT SERVICES AGREEMENT FOR THE CITY OF ATASCADERO Willdan Engineering THIS CONTRACT is made and entered into between City of Atascadero, a Municipal Corporation ("City") and Willdan Engineering ("Consultant"). City and Consultant agree as follows: 1. SCOPE AND STANDARDS: A. CONTRACT. Consultant shall do all work, attend all meetings, produce all reports and carry out all activities necessary to complete the services described in the SCOPE OF WORK AND STANDARDS FOR SERVICES, attached hereto and incorporated herein by this reference as Exhibit A, as requested by the City. This Contract and its exhibits shall be known as the "Contract Documents." Terms set forth in any Contract Document shall be deemed to be incorporated in all Contract Documents as if set forth in full therein. 2. EMPLOYMENT STATUS OF PERSONNEL: A. INDEPENDENT CONTRACTOR; EMPLOYEES OF CONSULTANT. Consultant enters into this Contract as, and shall at all times remain as to the City, an independent contractor and not as an employee of the City. Nothing in this Contract shall be construed to be inconsistent with this relationship or status. Any persons employed by Consultant for the performance of services pursuant to this Contract shall remain employees of Consultant, shall at all times be under the direction and control of Consultant, and shall not be considered employees of City. All persons employed by Consultant to perform services pursuant to this Contract shall be entitled solely to the right and privileges afforded to Consultant employees and shall not be entitled, as a result of providing services hereunder, to any additional rights or privileges that may be afforded to City employees. rev 5/1/06 1 792119.3 I City of Atascadero Willdan Engineering W'. . .. B. INDEPENDENT INVESTIGATION. The Consultant agrees and hereby represents it has satisfied itself by its own investigation and research regarding the conditions affecting the work to be done and labor and materials needed, and that its decision to execute this Contract is based on such independent investigation and research. C. COMPLIANCE WITH EMPLOYMENT LAWS. The Consultant shall keep itself fully informed of, shall observe and comply with, and shall cause any and all persons, firms or corporations employed by it or under its control to observe and comply with, applicable federal, state, county and municipal laws, ordinances, regulations, orders and decrees which in any manner affect those engaged or employed on the work described by this Contract or the materials used or which in any way affect the conduct of the work. D. UNLAWFUL DISCRIMINATION PROHIBITED. Consultant shall not engage in unlawful employment discrimination. Such unlawful employment discrimination includes, but is not limited to, employment discrimination based upon a person's race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, gender, citizenship or sexual orientation. 3. TIME OF PERFORMANCE: The services of Consultant are to commence upon execution of this Contract by City, and shall be undertaken and completed in a prompt and timely manner, in accordance with the Scope of Work referenced in Exhibit A. Except as provided in Sections 6 and 19 below, this Contract shall terminate no later than June 30, 2013 unless extended by the mutual agreement of both parties. 4. COMPENSATION: A. TERMS. Compensation to the Consultant shall be as set forth in Exhibit B attached hereto and made a part hereof. B. NO PAY FOR ADDITIONAL SERVICES WITHOUT WRITING. Consultant shall not be compensated for any services rendered in connection with its performance of this Contract, which are in addition to those set forth herein or listed in Exhibit A, unless such additional services are authorized in advance and in writing by the City Manager or the City Manager's designee (hereinafter "City Manager" shall include the City Manager's designee). Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City and Consultant at the time City's express written authorization signed by the City Manager is given to Consultant for the performance of said services. rev 5/1/06 2 792119.3 City of Atascadero 6mi, Willdan Engineering Q 5. SUPERVISON, LABOR AGREEMENTS AND PERSONNEL: A. CONSULTANT SUPERVISES PERSONNEL. The Consultant shall have the responsibility for supervising the services provided under this Contract, hiring of personnel, establishing standards of performance, assignment of personnel, determining and affecting discipline, determining required training, maintaining personnel files, and other matters relating to the performance of services and control of personnel. The City Manager may use any reasonable means to monitor performance and the Consultant shall comply with the City Manager's request to monitor performance. B. PERFORMANCE NOT SUBJECT TO EMPLOYMENT AGREEMENTS. The City acknowledges that the Consultant may be obligated to comply with bargaining agreements and/or other agreements with employees and that the Consultant is legally obligated to comply with these Contracts. It is expressly the intent of the parties and it is agreed by the parties that the Consultant's performance shall not in any manner be subject to any bargaining agreement(s) or any other agreement(s) the Consultant may have covering and/or with is employees. C. APPROVAL OF STAFF MEMBERS. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant's staff assigned to perform the services required under this Contract. Consultant shall notify City of any changes in Consultant's staff to be assigned to perform the services required under this Contract and shall obtain the approval of the City Manager of a list of all proposed staff members who are to be assigned to perform services under this Contract prior to any such performance. 6. TERMINATION: A. 30 DAYS NOTICE. The City, upon thirty (30) days written notice, may terminate this Contract, without cause, at any time. In the event of such termination, Consultant shall be compensated for non-disputed fees under the terms of this Contract up to the date of termination. B. OBLIGATIONS SURVIVE TERMINATION. Notwithstanding any termination of this Contract, Consultant shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of this Contract by Consultant, and the City may withhold any payments due to Consultant until such time as the exact amount of damages, if any, due the City from Consultant is determined. All of the indemnification, defense and hold harmless obligations in this Contract shall survive termination. rev 5/1/06 3 792119.3 City of Atascadero Willdan Engineering 7. CHANGES: The City or Consultant may, from time to time, request changes in the scope of the services of Consultant to be performed hereunder. Such changes, including any increase or decrease in the amount of Consultant's compensation and/or changes in the schedule must be authorized in advance by both Parties in writing. Mutually agreed changes shall be incorporated in written amendments to this Contract. Any increase in the amount of Consultant's compensation and/or changes in Exhibit A and or Exhibit B must be authorized in advance by the City Manager. 8. PROPERTY OF CITY: A. MATERIALS PREPARED EXCLUSIVE PROPERTY OF CITY. It is mutually agreed that all materials prepared by the Consultant under this Contract are upon creation and shall be at all times the exclusive property of the City, and the Consultant shall have no property right therein whatsoever. City agrees that Consultant shall bear no responsibility for any reuse of the materials prepared by the Consultant if used for purposes other than those expressly set forth in the Intended Use of Consultant's Products and Materials section of this Contract. Consultant shall not disseminate any information or reports gathered or created pursuant to this Contract without the prior written approval of City including without limitation information or reports required by government agencies to enable Consultant to perform its duties under this Contract and as may be required under the California Public Records Act excepting therefrom as may be provided by court order. Consultant will be allowed to retain copies of all deliverables. B. CONSULTANT TO DELIVER CITY PROPERTY. Immediately upon termination, or upon the request by the City, the City shall be entitled to, and the Consultant shall deliver to the City, all data, drawings, specifications, reports, estimates, summaries and other such materials and property of the City as may have been prepared or accumulated to date by the Consultant in performing this Contract. Consultant will be allowed to retain copies of all deliverables to the City. 9. CONFLICTS OF INTEREST: A. CONSULTANT covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Consultant's performance of services under this Contract. Consultant further covenants that in the performance of this Contract, Consultant shall take reasonable care to ensure that no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the City Manager. Consultant agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Contract. Consultant agrees to include language similar to this Section 9(A) in all contracts with subcontractors and agents for the work contemplated herein. 10. CONFIDENTIAL INFORMATION: rev 5/1/06 4 7921 19.3 City of Atascadero Willdan Engineering ,' a A. ALL INFORMATION KEPT IN CONFIDENCE. All materials prepared or assembled by Consultant pursuant to performance of this Contract are confidential and Consultant agrees that they shall not be made available to any individual or organization without the prior written approval of the City, except by court order. B. REIMBURSEMENT FOR UNAUTHORIZED RELEASE. If Consultant or any of its officers, employees, or subcontractors does voluntarily provide information in violation of this Contract, the City has the right to reimbursement and indemnity from party releasing such information for any damages caused by the releasing party's, including the non-releasing party's attorney's fees and disbursements, including without limitation expert's fees and disbursements. C. COOPERATION. City and Consultant shall promptly notify the other party should Consultant or City, its officers, employees, agents, or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Contract and the work performed thereunder or with respect to any project or property located within the City. City and Consultant each retains the right, but has no obligation, to represent the other party and/or be present at any deposition, hearing or similar proceeding. Consultant and City agree to cooperate fully with the other party and to provide the other party with the opportunity to review any response to discovery requests provided by Consultant or City. However, City and Consultant's right to review any such response does not imply or mean the right by the other party to control, direct, or rewrite said response. 11. PROVISION OF LABOR, EQUIPMENT AND SUPPLIES: A. CONSULTANT PROPERTY. Consultant shall furnish all necessary labor, supervision, equipment, communications facilities, and supplies necessary to perform the services required by this Contract except as set forth in Exhibit C. City acknowledges that all equipment and other tangible assets used by Consultant in providing these services are the property of Consultant and shall remain the property of Consultant upon termination of this Contract. B. SPECIAL SUPPLIES. City shall be responsible for supplying any special supplies, stationary, notices, forms or similar items that it requires to be issued with a City logo. All such items shall be approved by the City Manager and shall be provided at City's sole cost and expense. rev 5/1/06 5 7921 19.3 City of Atascadero Willdan Engineering 12. COMPLIANCE WITH LAW: A. COMPLIANCE REQUIRED. Consultant shall keep itself informed of applicable local, state, and federal laws and regulations which may affect those employed by it or in any way affect the performance of its services pursuant to this Contract. Consultant shall observe and comply with all applicable laws, ordinances, regulations and codes of federal, state and local governments, and shall commit no trespass on any public or private property in performing any of the work authorized by this Contract. Consultant shall at all times hold a valid contractor's license if performing any function or activity for which a license is required pursuant to Chapter 9 (commencing with section 7000) of Division 3 of the California Business and Professions Code, and Consultant shall provide a copy of the license(s) upon the request of the City. The City, its officials, officers, elected officials, appointed officials and employees shall not be liable at law or in equity as a result of any failure of consultant to comply with this section. B. PREVAILING WAGES. In the event it is determined that the Consultant is required to pay prevailing wages for the work performed under this Agreement, the Consultant shall pay all penalties and wages as required by applicable law. 13. SUBCONTRACTING: None of the services covered by this Contract shall be subcontracted without the prior written consent of the City Manager. Consultant shall be as fully responsible to the City for the negligent acts and omissions of its contractors and subcontractors, and of persons either directly or indirectly employed by them, as it is for the negligent acts and omissions of persons directly employed by Consultant. 14. ASSIGNABILITY: Consultant shall not assign or transfer any interest in this Contract whether by assignment or notation. However, claims for money due or to become due Consultant from the City under this Contract may be assigned to a financial institution, but only with prior written consent of the City Manager. Notice of any assignment or transfer whether voluntary or involuntary shall be furnished promptly to the City. The rights and benefits under this agreement are for the sole and exclusive benefit of the City and this Contract shall not be construed that any third party has an interest in the Contract. rev 5/1/06 6 792119.3 City of Atascadero Willdan Engineering AI 15. LIABILITY OF CONSULTANT: Consultant shall be responsible for performing the work under this Contract in a manner which is consistent with the generally accepted standards of Consultant's profession and shall be liable for its own negligence and the negligent acts of its employees, agents, contractors and subcontractors. The City shall have no right of control over the manner in which the work is to be done but only as to its outcome, and shall not be charged with the responsibility of preventing risk to Consultant or its employees, agents, contractors or subcontractors. 16. INDEMNIFICATION: A. INDEMNIFICATION 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 attorneys fees and costs to the extent same are caused in whole or in part by any negligence or wrongful act, error or omission of Consultant, willful misconduct, or recklessness of its officers, agents, employees or subconsultants (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of professional services under this agreement. B. INDEMNIFICATION FOR OTHER THAN PROFESSIONAL LIABILITY. Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, defend and hold harmless City, and any and all of its employees, officials 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 attorneys 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 entity for which consultant is legally liable, including but not limited to officers, agents, employees or subconsultants of Consultant. C. GENERAL INDEMNIFICATION PROVISIONS. Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section for each and every subconsultant or any other person or entity involved by, for, with or on behalf of Consultant in the performance 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 successor, assigns or heirs of Consultant and shall survive the termination of this agreement or this section. rev 5/1/06 7 792119.3 City of Atascadero Willdan Engineering o � 17. INSURANCE: Consultant shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in Certificate of Liability Insurance attached to and part of this agreement. 18. RECORDS: Consultant shall maintain complete and accurate records with respect to labor costs, material expenses, parcels abated or serviced and other such information required by City that relates to the performance of services under this Contract. 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 and in a form acceptable to the City, which the City may specify and change from time to time. Consultant shall provide free access to the representatives of City or its designees, at reasonable times, to such books and records, shall give City the right to examine and audit said books and 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 Contract. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. 19. MISCELLANEOUS PROVISIONS: A. ASSIGNMENT OR SUBSTITUTION. City has a NONDISCRIMINATION / NONPREFERENTIAL TREATMENT STATEMENT In performing this Contract, the parties shall not discriminate or grant preferential treatment on the basis of race, sex, color, age, religion, sexual orientation, disability, ethnicity, or national origin, and shall comply to the fullest extent allowed by law, with all applicable local, state, and federal laws relating to nondiscrimination. B. UNAUTHORIZED ALIENS. Consultant hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act (8 U.S.C.A. & 1101 et seq.), as amended; and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ such unauthorized aliens for the performance of work and/or services covered by this contract, and should the Federal Government impose sanctions against the City for such use of unauthorized aliens, Consultant hereby agrees to, and shall, reimburse City for the cost of all such sanctions imposed, together with any and all costs, including attorneys' fees, incurred by the City in connection therewith. C. GOVERNING LAW. 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 Contract and also govern the interpretation of this Contract. Any litigation concerning this Contract shall take place in the San Luis Obispo Superior Court, federal diversity jurisdiction being expressly waived. D. City has an interest in the qualifications of and capability of the persons and entities that will fulfill the duties and obligations imposed upon Consultant by this Contract. In rev 5/1/06 8 792119.3 City of Atascadero Willdan Engineering recognition of that interest, neither any complete nor partial assignment of this Contract, may be made by Consultant nor changed, substituted for, deleted, or added to without the prior written consent of City which consent shall not be unreasonably withheld. Any attempted assignment or substitution shall be ineffective, null, and void, and constitute a material breach of this Contract entitling City to any and all remedies at law or in equity, including summary termination of this Contract. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Contract. E. ENTIRE CONTRACT. This Contract constitutes the entire Contract and understanding between the parties relative to the services specified herein and there are no understandings, agreements, conditions, representations, warranties or promises, with respect to this Contract, except those contained in or referred to in this Contract and this Contract supersedes all prior understandings, agreements, courses of conduct, prior dealings among the parties and documentation of any kind without limitation. F. AMENDMENTS. This Contract may be modified or amended, or any of its provisions waived, only by a subsequent written agreement executed by each of the parties. The parties agree that this requirement for written modifications cannot be waived and any attempted waiver shall be void. G. CONSTRUCTION AND INTERPRETATION. Consultant and City agree and acknowledge that the provisions of this Contract have been arrived at through negotiation and that each party has had a full and fair opportunity revise the provisions of this Contract and to have such provisions reviewed by legal counsel. Therefore, any ambiguities in construing or interpreting this Contract shall not be resolved against the drafting party. The titles of the various sections are merely informational and shall not be construed as a substantive portion of this Contract. H. WAIVER. The waiver at any time by any party of any of its rights with respect to a default or other matter arising in connection with this Contract shall not be deemed a wavier with respect to any subsequent default or other matter. I. SEVERABILITY. The invalidity, illegality or unenforceability, of any provision of this Contract shall not render the other provisions invalid, illegal or unenforceable. rev 5/1/06 9 792119.3 City of Atascadero Willdan Engineering J. NOTICES. All invoices, payments, notices, demands, requests, comments, or approvals that are required to be given by one party to the other under this Contract shall be in writing and shall be deemed to have been given if delivered personally or enclosed in a properly addressed envelope and deposited in a United States Post Office for delivery by registered or certified mail addressed to the parties (deemed to have been received three (3) business days after deposit in the U.S. Mail) at the following addresses: City: City of Atascadero City Manager 6907 EI Camino Real Atascadero, CA 93422 Consultant: Willdan Engineering 2401 Tulare St. Suite 515 Fresno, CA 93721 Each party may change the address at which it gives notice by giving ten (10) days advance, written notice to the other party. K. AUTHORITY TO EXECUTE. The person or persons executing this Contract on behalf of Consultant warrant and represent that they have the authority to execute this Contract on behalf of their agency and further warrant and represent that they have the authority to bind Consultant to the performance of its obligations hereunder. AGREED to this 20th day of February, 2009 by the parties as follows. Approved as to form: Willdan Engineering . By: Counsel for consultant Approved as to form: CITY OF C By- Warren Frace, ommunity Development Director By: By. Brian Pierik, City Attorney Wade G. McKinney, City Mana r rev 5/1/06 10 7921 19.3 CERTIFICATE OF COMPLIANCE WITH LABOR CODE § 3700 1 am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I have complied or will comply with such provisions before commencing the performance of the work of this contract. (Cal. Labor C. §§1860, 1861.) CONSULTANT z42 1�ee�, 44 2�� [WillEngineering] T:\-Contract Management\BLD Plan Check\Willdan Consultant Contract-9-08.docx 658615.1 DRAFT 06/4/01 4:33 PM A-1 Exhibit A, Scope of Work Willdan Engineering SCOPE OF WORK TO BE PERFORMED The City desires the Consultant to evaluate the Plans in the conformity with State and Local Regulations. The work may involve both residential and commercial buildings of varying size and scale. The Consultant's services will include the following: Plan Checks Building Code Review 1. Check plans for compliance with the currently adopted (2007) editions of the California Building, Plumbing, mechanical and Electrical codes, the California Energy Code, and Building Regulations of the City of Atascadero Municipal Code. 2. Check plans for compliance with the currently adopted edition of the California Fire Code and adopted national Fire Protection Associations Standards. In addition, we will review plans for all types of fire protections systems and processes, and review compliance with state and local hazardous material regulations if required. 3. Review Structural calculations, and soils reports, Title 24 Reports, accessibility requirements, locally adopted ordinances, and other project related information as supplied by the applicant or by the Building Department. 4. Complete initial plan check to verify conformance, including preparation of appropriate response. Complete rechecks as required until submittals are approvable. 5. Perform all necessary liaisons with the Building Official, to ensure compliance with CBC sections 104.2.7 and 104.2.8 and to ensure consistency with local interpretations and policy. 6. Identify items needing clarification or correction to achieve compliance with applicable regulations. Create a review report consisting of a printed list of such items, including referenced code sections applicable to each item. Transmit this report to all persons designated on the project contact list. Transmit report by facsimile to ensure timely completion of processing, by email, or by such other means as directed by the Building Department. 7. Complete initial plan reviews within the schedule attached. Structural Review Only 1 . Check plans for compliance with the currently adopted (2007) editions of the California Building Codes and referenced materials. 2. Review Structural calculations, and soils reports, locally adopted ordinances, and other project related information as supplied by the applicant or by the Building Department. 3. Complete initial plan check to verify conformance, including preparation of appropriate response. Complete rechecks as required until submittals are approvable. 4. Perform all necessary liaisons with the Building Official, to ensure consistency with local interpretations and policy. 5. Identify items needing clarification or correction to achieve compliance with applicable regulations. Create a review report consisting of a printed list of such items, including referenced code sections applicable to each item. Transmit this report to all persons designated on the project contact list. Transmit report by facsimile to ensure timely completion of processing, by email, or by such other means as directed by the Building Department. 6. Complete initial plan reviews within the schedule indicated above. The Consultant is expected to coordinate with the Permit Technician, Plans Examiner/Inspector, and Building Official of the City of Atascadero to prepare reviews consistent with those performed by City personnel. It is anticipated there will be variation in Plan Reviews and understood the Consultant is under no obligation to add or omit items based on City staff input which they consider necessary to a proper review. However, it is considered advantageous and in the City's best interest if a certain level of consistency can be achieved through proper coordination. Examples of this are working from the same or similar 'generic' plan review lists, making careful study of local ordinances and conditions, and self-monitoring on an on-going basis by comparing the product with plan reviews the City performs on projects of similar scale. Exhibit A, Scope of Work TIMEFRAMES Consultant will adhere to the following timeframes: PROJECT "TYPICAL" Single-family dwelling 15 days Tenant improvement to an existing 15 days commercial occupancy New building containing multifamily or 15 days commercial occupancies, limited to 2 stories or 100,000 square feet Any building containing multifamily or 20 days commercial occupancies exceeding 2 stories or more than 100,000 square feet Subsequent reviews 10 days • This does not include the time necessary to transport plans (generally 2 additional days pending actual pick-up/delivery time). \\Cityhall\cdvipmnt\—Contract Management\BUILDING SERVICES CONTRACTS\BLD Plan Check\WILLDAN\Exhibit A,Willdan Scope of Work to be Performed.doc Exhibit B, Compensation & Method of Payment, Page 1 of 1 Willdan Engineering COMPENSATION AND METHOD OF PAYMENT Plan Review Services Price Building Code Reviews(including Structural Engineering Reviews) 78%of the City's adopted plan check fee up to the initial review and 2 rechecks Structural Engineering Reviews,initial review&2 rechecks 43%of the City's adopted plan check fee Additional reviews will be on a time and materials basis,unless other arrangements are mutually agreed to at the time of recheck. Plans examination fees for plans w/a valuation of less than$30,000 would be on a time and materials basis,or if the City desires,a$250 minimum charge per plan review.If the City updates the currently adopted plan check fee,the Consultant would negotiate an adjustment to the percentage.As an option the Consultant will provide plan review services on a time and materials basis. Rates for 2008-2009 are attached as Appendix A. Annual adjustments typically occur on July 1 each year and approximate the Consumer Price Index adjustment.Any adjustment would not exceed 5%per year and would be reviewed with the City a minimum of 2 months prior to implementation. • Appendix A (attached) BILLING The Consultant will submit invoices monthly for work completed during the preceding month.The Consultant's billing month ends on a Friday,so that a billing month may end before or after the actual last day of the calendar month. Invoices will be processed for payment within 30 days of approval of the invoice (*). OUT-OF-POCKET EXPENSES All "out-of-pocket" expenses are included within the specified rates, unless prior authorization from the Building Official is received. T:\—Contract Management\BUILDING SERVICES CONTRACTS\BLD Plan Check\WILLDAN\Exhibit B,Willdan Compensation&Method of Payment.doc ` WILLDAN Con Appendix A it Schedule of Hourly Rates Effective July 1, 2008 to June 30, 2009 ENGINEERING LANDSCAPE ARCHITECTURE Principal Engineer $200.00 Division Manager ......... ........ ..................... 180.00 Division Manager................................ .. . ................ 180.00 Principal Landscape Architect.................................. 155.00 City Engineer............................................................ 180.00 Senior Landscape Architect...................................... 125.00 Project Manager.........:............................................. 180.00 Associate Landscape Architect................................ 115.00 Program Manager.................................................... 180.00 Assistant Landscape Architect ................................ 100.00 Supervising Engineer............................................... 165.00 Senior Engineer........................................................ 145.00 BUILDING AND SAFETY Senior Design Manager............................................ 145.00 Design Manager........:.............................................. 135.00 Division Manager................................................. .... 180.00 Supervising Plan Check Engineer............................ 155.00 Associate Engineer.................................................. 135.00 Building O SeniorDesigner........................................................ 130.00 fficial......................................................... 155.00 SPian Check Engineer................................................ 145.00 Senior Design Engineer II ........................................ 130.00 Deputy Building O Senior Design Engineer I ......................................... 125.00 Official ............................................ 145.00 Designer II................................................................ 120.00 Inspector of Record .................................................. 145.00 Senior Plans Examiner............................................. 125.00 Designer I................................................................. 115.00 Supervising Building Inspector................................. 125.00 Design Engineer II.................................................... 120.00 Plans Examiner ........................................................ 115.00 Design Engineer I..................................................... 115.00 Senior Building Inspector.......................................... 115.00 Senior Drafter............................................................ 110.00 Supervisor Code Enforcement................................. 115.00 Drafter II ................................................................... 100.00 Building Inspector...................................... *`105.00/115.00 Drafter I ...................................................................... 95.00 Supervising Construction Permit Specialist.............. 105.00 Technical Aide............................................................ 85.00 Senior Construction Permit Specialist...................... 100.00 Senior Code Enforcement Officer...............................95.00 CONSTRUCTION MANAGEMENT Assistant Building Inspector........................**95.00/110.00 Division Manager...................................................... 180.00 Code Enforcement Officer..........................................80.00 Project Manager....................................................... 180.00 Construction Permit Specialist.................................... 80.00 Senior Construction Manager................................... 160.00 Assistant Construction Permit Specialist....................85.00 Construction Manager.............................................. 145.00 Plans Examiner Aide..................................................75.00 Assistant Construction Manager.............................. 120.00 Assistant Code Enforcement Officer..........................70.00 Utility Coordinator..................................................... 125.00 Labor Compliance Manager..................................... 120.00 PLANNING Labor Compliance Specialist...................................... 95.00 Division Manager........................... . 180.00 .... .................... Principal Planner ...................................................... 155.00 INSPECTION SERVICES Principal Community Development Planner............. 155.00 Supervising Public Works Observer......................... 120.00 Senior Planner.......................................................... 130.00 Senior Public Works Observer.............................110.00 Senior Community Development Planner................ 130.00 Public Works Observer...............................**100.00/110.00 Associate Planner..................................................... 115.00 Assistant Public Works Observer ..............**100.00/110.00 Associate Community Development Planner........... 115.00 Assistant Community Development Planner............ 105.00 SURVEYING Assistant Planner...................................................... 105.00 180.00 Planning Technician ...................................................85.00 Division Manager............ ....... ............ . ........ Community Development Technician.........................85.00 Supervisor-Survey& Mapping 160.00 Senior Survey Analyst.............................................. 130.00 Senior Calculator...................................................... 120.00 ADMINISTRATIVE Calculator II p 65.00 110.00 Computer Data Entry. ......... ......... ........ ............ CalculatorI ............................................................... 100.00 Clerical...............................................:........................65.00 .................................................... Survey Analyst II .. 115.00 Word Processing ........................................................65.0 00 Survey Analyst I ....................................................... 100.00 Personal Computer Time............................................25. Survey Party Chief................................................... 115.00 Field.Party(One).......................................... .170.00 Field Party (Two)...................................................... 230.00 Mileage reimbursement will be charged at the current Federal Field Party (Three) ................................................... 290.00 guideline rate at the time of billing. Vehicles will be charged at a monthly rate of$500.00. **Prevailing Wage Project, Use$110.00 Additional billing classifications may be added to the above listing during the year as new positions are created.Consultation in connection with litigation and court appearances will be quoted separately. The above schedule is for straight time.Overtime will be charged at 1.25 times,and Sundays and holidays, 1.70 times the standard rates.Blueprinting,reproduction,messenger services,and printing will be invoiced at cost plus fifteen percent(15%). A subconsultant management fee of fifteen percent(15%)will be added to the direct cost of all subconsultant services to provide for the Cost of administration,consultation,and coordination.Valid July 1,2008 thru June 30,2009 Client#: 6540 WILLDAN d.�^. .- CERTIFICATE OF LIABILITY INSURANCE 05122/08°`"' :ODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ealey, Renton&Associates ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE O. Box 10550 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. anta Ana,CA 92711-0550 14427-6810 INSURERS AFFORDING COVERAGE SURED INSURER A: Zurich American Insurance CO. Wilidan Engineering INSURER B: American Automobile Ins. Co. 2401 E. Katella Avenue,Ste. 300 INSURER C: XL Specialty Insurance Co. Anaheim,CA 92806 INSURER D: INSURER E: OVERAGES -HE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR AAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH 'OLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ,R I TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS GENERAL LIABILITY GLO904316302 11/09/07 11/09/08 EACH OCCURRENCE $1,000.000 X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE(Any one fire) $1,000,000 CLAIMS MADE F_x1 OCCUR INDP.CONTRACTORS MED EXP(Any one person) $10,000 X CONTRACTUAL INCLUDED PERSONAL&ADV INJURY $1,000,000 X BFPD,XCU GENERAL AGGREGATE s2,000,000 GEN'L AGGREGATE LIM IT APPLIES PER: PRODUCTS -COMPIOPAGG s2,000,000 POLICY X PRO- JECT RO LOC 1 AUTOMOBILE LIABILITY BAP904316202 11/09/07 11/09/08 COMBINED SINGLE LIMIT $1 000,000 X ANY AUTO (Ea accident) ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $ X HIRED AUTOS BODILY INJURY X NON-OWNED AUTOS (Per accident) $ PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS LIABILITY EACH OCCURRENCE $ OCCUR FICLAIMS MADE AGGREGATE $ DEDUCTIBLE $ RETENTION $ $ 3 WORKERS COMPENSATION AND WZP80955114 11/09107 11/09108 X ITOWC STATU-EMPLOYERS'LIABILITY E.L.EACH ACCIDENT $1 000 000 • E.L.DISEASE-EA EMPLOYEE $1,0001000 E.L.DISEASE -POLICYLIMIT 1$1,000,000 OTHER Professional DPR9609216 11/09/07 11/09/08 $1,000,000 per claim Liability $1,000,000 annl aggr. ESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS 'eneral Liability policy excludes claims arising out of the performance of professional ervices :ERTIFICATE HOLDER ADD ITIONAL INSURED;INSURER LETTER: CANCELLATION Tan Day Notice for Non-P2yment of Premium SHOULD ANYOFTH E ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION FOR PROPOSAL USE ONLY DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYSWRITTEN NOTIC E TO THE CERTIFICATE HOLDER NAMED TO TH E LEFT,B UT FAILU RE TO D O SO SH ALL IMPOSE NOOBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE LCORD 25-S(7/97)1 of 1 #S2263761M222307 RLL © ACORD CORPORATION 1988 Form W-9 Request for Taxpayer Give form to the (Rev.October 2007) Identification Number and Certification requester. Do not Department of the Treasury send to the IRS. Internal Revenue Service Name(as shown on your income tax return) Willdan Engineering M Business name,if different from above Q- C:c 0 rn 0 o Check appropriate ate box: ❑ Individual/Sole proprietor Corporation Partnership Exempt .'52 ❑ Limited liability company.Enter the tax classification(D=disregarded entity,C=corporation,P=partnership)►------- ❑ payee `o2 ❑ Other(see instructions) 0- Address Address(number,street,and apt.or suite no.) Requester's name and address(optional) L a o 2401 E.Katella Avenue,Suite 450 W City,state,and ZIP code m Anaheim,California 92806 a List account number(s)here(optional) U) Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box.The TIN provided must match the name given on Line 1 to avoid Social security number backup withholding.For individuals,this is your social security number(SSN). However,for a resident alien, sole proprietor, or disregarded entity,see the Part I instructions on page 3. For other entities, it is your employer identification number(EIN). If you do not have a number,see How to get a TIN on page 3. or Note.If the account is in more than one name,see the chart on page 4 for guidelines on whoseEmployer identification number number to enter. 95 2295858 Certification Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number(or I am waiting for a number to be issued to me),and 2. 1 am not subject to backup withholding because:(a)I am exempt from backup withholding,or(b) I have not been notified by the Internal Revenue Service(IRS)that I am subject to backup withholding as a result of a failure to report all interest or dividends,or(c)the IRS has notified me that I am no longer subject to backup withholding,and 3. 1 am a U.S.citizen or other U.S. person(defined below). Certification instructions.You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt,contributions to an individual retirement arrangement(IRA), and generally,payments other than interest and dividends,you are not required to sign the Certification, but you must provide your correct TIN. See the instructions on page 4. Sign Signature of ) ' Here U.s.person ► -^'` - Date ► General Instructions Definition of a U.S. person. For federal tax purposes, you are considered a U.S.person if you are: Section references are to the Internal Revenue Code unless • An individual who is a U.S.citizen or U.S.resident alien, otherwise noted. • A partnership, corporation, company, or association created or Purpose of Form organized in the United States or under the laws of the United A person who is required to file an information return with the States, IRS must obtain your correct taxpayer identification number(TIN) • An estate(other than a foreign estate), or to report,for example, income paid to you, real estate • A domestic trust(as defined in Regulations section transactions, mortgage interest you paid,acquisition or 301.7701-7). abandonment of secured property, cancellation of debt,or Special rules for partnerships.Partnerships that conduct a contributions you made to an IRA. trade or business in the United States are generally required to Use Form W-9 only if you are a U.S. person(including a pay a withholding tax on any foreign partners' share of income resident alien),to provide your correct TIN to the person from such business. Further, in certain cases where a Form W-9 requesting it(the requester)and,when applicable,to: has not been received, a partnership is required to presume that 1. Certify that the TIN you are giving is correct(or you are a partner is a foreign person, and pay the withholding tax. waiting for a number to be issued), Therefore, if you are a U.S. person that is a partner in a 2. Certify that you are not subject to backup withholding, or partnership conducting a trade or business in the United States, provide Form W-9 to the partnership to establish your U.S. 3. Claim exemption from backup withholding if you are a U.S. status and avoid withholding on your share of partnership exempt payee. If applicable, you are also certifying that as a income. U.S. person, your allocable share of any partnership income from The person who gives Form W-9 to the partnership for a U.S. trade or business is not subject to the withholding tax on purposes of establishing its U.S. status and avoiding withholding foreign partners' share of effectively connected income. on its allocable share of net income from the partnership Note. If a requester gives you a form other than Form W-9 to conducting a trade or business in the United States is in the request your TIN, you must use the requester's form if it is following cases: substantially similar to this Form W-9. • The U.S.owner of a disregarded entity and not the entity, Cat.No.10231X Form W-9 (Rev.10-2007)