Speer Civil/Plan Check 06PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT FOR CONTRACT SERVICES (the "Agreement") is made and
entered into by and between the CITY OF LA QUINTA, ("City"), a California municipal
corporation, and Steven D. Speer, dba SPEER Civil ("Consultant"). The parties hereto
agree as follows:
1.0 SERVICES OF CONSULTANT
1.1 Scope of Services. In compliance with all terms and conditions of this
Agreement, Consultant shall provide those services related to On Call Plan Check Services
for Private Development Plans as specified in the "Scope of Services" attached hereto as
Exhibit "A" and incorporated herein by this reference (the "services" or "work"). Consultant
warrants that all services will be performed in a competent, professional and satisfactory
manner in accordance with the standards prevalent in the industry for such services.
1.2 Compliance with Law. All services rendered hereunder shall be provided in
accordance with all ordinances, resolutions, statutes, rules, regulations and laws of the City
of La Quinta and any Federal, State or local governmental agency of competent
jurisdiction.
1.3 Licenses, Permits, Fees and Assessments. Except as otherwise specified
herein, Consultant shall obtain at its sole cost and expense such licenses, permits and
approvals as may be required by law for the performance of the services required by this
Agreement. Consultant shall have the sole obligation to pay for any fees, assessments and
taxes, plus applicable penalties and interest, which may be imposed by law and arise from
or are necessary for the performance of the services required by this Agreement.
1.4 Familiarity with Work. By executing this Agreement, Consultant warrants that (a)
it has thoroughly investigated and considered the work to be performed, (b) it has
investigated the site of the work and fully acquainted itself with the conditions there existing,
(c) it has carefully considered how the work should be performed, and (d) it fully
understands the facilities, difficulties and restrictions attending performance of the work
under this Agreement. Should Consultant discover any latent or unknown conditions
materially differing from those inherent in the work or as represented by City, it shall
immediately inform City of such fact and shall not proceed except at Consultant's risk until
written instructions are received from the Contract Officer (as defined in Section 4.2
hereof).
1.5 Care of Work. Consultant shall adopt reasonable methods during the life of the
Agreement to furnish continuous protection to the work performed by Consultant, and the
equipment, materials, papers and other components thereof to prevent losses or damages,
and shall be responsible for all such damages, to persons or property, until acceptance of
the work by City, except such losses or damages as may be caused by City's own
negligence. The performance of services by Consultant shall not relieve Consultant from
any obligation to correct any incomplete, inaccurate or defective work at no further cost to
City, when such inaccuracies are due to the negligence of Consultant.
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1.6 Additional Services. In accordance with the terms and conditions of this
Agreement, Consultant shall perform services in addition to those specified in the Scope of
Services when directed to do so by the Contract Officer, provided that Consultant shall not
be required to perform any additional services without compensation. Any addition in
compensation not exceeding five percent (5%) of the Contract Sum may be approved by
the Contract Officer. Any greater increase must be approved by the City Council.
1.7 Special Reguirements. Additional terms and conditions of this Agreement, if
any, which are made a part hereof are set forth in Exhibit "D" (the "Special Requirements").
In the event of a conflict between the provisions of the Special Requirements and any
other provisions of this Agreement, the provisions of the Special Requirements shall
govern.
2.0 COMPENSATION
2.1 Contract Sum. For the services rendered pursuant to this Agreement,
Consultant shall be compensated in accordance with Exhibit "B" (the "Schedule of
Compensation"), except as provided in Section 1.6. The method of compensation set forth
in the Schedule of may Compensation include a lump sum payment upon completion,
p Y
payment in accordance with the percentage of completion of the services, payment for time
and materials based upon Consultant's rate schedule, but not exceeding the Contract Sum,
or such other methods as may be specified in the Schedule of Compensation.
Compensation may include reimbursement for actual and necessary expenditures for
reproduction costs, transportation expense, telephone expense, and similar costs and
expenses when and if specified in the Schedule of Compensation.
2.2 Method of Payment. Any month in which Consultant wishes to receive payment,
Consultant shall submit to City no later than the tenth (10th) working day of such month, in
the form approved by City's Finance Director, an invoice for services rendered prior to the
date of the invoice. Such invoice shall (1) describe in detail the services provided, including
time and materials, and (2) specify each staff member who has provided services and the
number of hours assigned to each such staff member. Such invoice shall contain a
certification by a principal member of Consultant specifying that the payment requested is
for work performed in accordance with the terms of this Agreement. City will pay
Consultant for all expenses stated thereon which are approved by City pursuant to this
Agreement no later than the last working day of the month.
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3.0 PERFORMANCE SCHEDULE
3.1 Time of Essence. Time is of the essence in the performance of this Agreement.
3.2 Schedule of Performance. All services rendered pursuant to this Agreement
shall be performed diligently and within the time period established in Exhibit "C" (the
"Schedule of Performance"). Extensions to the time period specified in the Schedule of
Performance may be approved in writing by the Contract Officer.
3.3 Force Majeure. The time period specified in the Schedule of Performance for
performance of the services rendered pursuant to this Agreement shall be extended
because of any delays due to unforeseeable causes beyond the control and without the
fault or negligence of Consultant, including, but not restricted to, acts of God or of the public
enemy, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight
embargoes, acts of any governmental agency other than City, and unusually severe
weather, if Consultant shall within ten (10) days of the commencement of such delay notify
the Contract Officer in writing of the causes of the delay. The Contract Officer shall
ascertain the facts and the extent of delay, and extend the time for performing the services
for the period of the forced delay when and if in his or her judgment such delay is justified,
and the Contract Officer's determination shall be final and conclusive upon the parties to
this Agreement.
3.4 Term. Unless earlier terminated in accordance with Sections 7.7 or 7.8 of this
Agreement, this Agreement shall continue in full force and effect until December 31, 2006.
4.0 COORDINATION OF WORK
4.1 Representative of Consultant. The following principal of Consultant are hereby
designated as being the principal and representative of Consultant authorized to act in its
behalf with respect to the work specified herein and make all decisions in connection
therewith:
a. Steven D. Speer, P.E., Principal
It is expressly understood that the experience, knowledge, capability, and reputation of the
foregoing principals were a substantial inducement for City to enter into this Agreement.
Therefore, the foregoing principals shall be responsible during the term of this Agreement
for directing all activities of Consultant and devoting sufficient time to personally supervise
the services hereunder.
The foregoing principals may not be changed by Consultant and no other personnel may be
assigned to perform the service required hereunder without the express written approval of
City.
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4.2 Contract Officer. The Contract Officer shall be Timothy R. Jonasson, P.E. ,
Public Works Director/City Engineer, or such other person as may be designated by the
City Manager of City. It shall be Consultant's responsibility to assure that the Contract
Officer is kept informed of the progress of the performance of the services and Consultant
shall refer any decisions which must be made by City to the Contract Officer. Unless
otherwise specified herein, any approval of City required hereunder shall mean the
approval of the Contract Officer.
4.3 Prohibition against Subcontracting or Assignment. The experience, knowledge,
capability and reputation of Consultant, its principals and employees were a substantial
inducement for City to enter into this Agreement. Except as set forth in this Agreement,
Consultant shall not contract with any other entity to perform in whole or in part the
services required hereunder without the express written approval of City. In addition
neither this Agreement nor any interest herein may be assigned or transferred, voluntarily
or by operation of law, without the prior written approval of City.
4.4 Independent Contractor. Neither City nor any of its employees shall have any
control over the manner, mode or means by which Consultant, its agents or employees,
perform the services required herein, except as otherwise set forth. Consultant shall
perform all services required herein as an independent contractor of City and shall remain
at all times as to City a wholly independent contractor with only such obligations as are
consistent with that role. Consultant shall not at any time or in any manner represent that
it or any of its agents or employees are agents or employees of City.
4.5 City Cooperation. City shall provide Consultant with any plans, publications,
reports, statistics, records or other data or information pertinent to services to be
performed hereunder which are reasonably available to Consultant only from or through
action by City.
5.0 INSURANCE, INDEMNIFICATION AND BONDS.
5.1 Insurance. Consultant shall procure and maintain, at its cost, and submit
concurrently with its execution of this Agreement, personal and public liability and property
damage insurance against all claims for injuries against persons or damages to property
resulting from Consultant's acts or omissions rising out of or related to Consultant's
performance under this Agreement. The insurance policy shall contain a severability of
interest clause providing that the coverage shall be primary for losses arising out of
Consultant's performance hereunder and neither City nor its insurers shall be required to
contribute to any such loss. A certificate evidencing the foregoing and naming City and its
officers and employees as additional insured shall be delivered to and approved by City
prior to commencement of the services hereunder.
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The amount of insurance required hereunder shall be determined by the Contract Sum in
accordance with the following table:
Contract Sum Personal Iniur_y/Property Damage Coverage
Less than $50,000 $100,000 per individual; $300,000 per occurrence
$50,000 - $300,000 $250,000 per individual; $500,000 per occurrence
Over $300,000 $500,000 per individual; $1,000,000 per occurrence
Consultant shall carry automobile liability insurance of $500,000 per accident against all
claims for injuries against persons or damages to property arising out of the use of any
automobile by Consultant, its officers, any person directly or indirectly employed by
Consultant, any subcontractor or agent, or anyone for whose acts any of them may be
liable, arising directly or indirectly out of or related to Consultant's performance under this
Agreement. The term "automobile" includes, but is not limited to, a land motor vehicle,
trailer or semi -trailer designed for travel on public roads. The automobile insurance policy
shall contain a severability of interest clause providing that coverage shall be primary for
losses arising out of Consultant's performance hereunder and neither City nor its insurers
shall be required to contribute to such loss. A certificate evidencing the foregoing and
naming City and its officers and employees as additional insured shall be delivered to and
approved by City prior to commencement of the services hereunder.
Consultant shall carry Workers' Compensation Insurance in accordance with State
Worker's Compensation laws.
Consultant shall procure professional errors and omissions liability insurance in an amount
acceptable to City.
All insurance required by this Section shall be kept in effect during the term of this
Agreement and shall not be cancelable without thirty (30) days written notice to City of
proposed cancellation. The procuring of such insurance or the delivery of policies or
certificates evidencing the same shall not be construed as a limitation of Consultant's
obligation to indemnify City, its officers, employees, contractors, subcontractors, or agents.
5.2 Indemnification. Consultant shall defend, indemnify and hold harmless the City,
its officers, employees, representatives and agents ("Indemnified Parties"), from and
against those actions, suits, proceedings, claims, demands, losses, costs, and expenses,
including legal costs and attorneys' fees, for injury to or death of person(s), for damage to
property (including property owned by City) and for errors and omissions committed by
Consultant, its officers, employees and agents, which arise out of Consultant's negligent
performance under this Agreement, except to the extent of such loss as may be caused by
City's own negligence or that of its officers or employees. In the event the Indemnified
Parties are made a party to any action, lawsuit, or other adversarial proceeding in any way
involving such claims, Consultant shall provide a defense to the Indemnified Parties, or at
the City's option, reimburse the Indemnified Parties their costs of defense, including
reasonable attorney's fees, incurred in defense of such claim. In addition, Consultant shall
be obligated to promptly pay any final judgment or portion thereof rendered against the
Indemnified Parties.
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5.3 Remedies. In addition to any other remedies City may have if Consultant fails to
provide or maintain any insurance policies or policy endorsements to the extent and within
the time herein required, City may, at its sole option:
a. Obtain such insurance and deduct and retain the amount of the premiums for
such insurance from any sums due under this Agreement.
b. Order Consultant to stop work under this Agreement and/or withhold any
payment(s) which become due to Consultant hereunder until Consultant
demonstrates compliance with the requirements hereof.
C. Terminate this Agreement.
Exercise of any of the above remedies; however, is an alternative to any other remedies
City may have. The above remedies are not the exclusive remedies for Consultant's failure
to maintain or secure appropriate policies or endorsements. Nothing herein contained shall
be construed as limiting in any way the extent to which Consultant may be held responsible
for payments of damages to persons or property resulting from Consultant's or its
subcontractors' performance of work under this Agreement.
6.0 RECORDS AND REPORTS.
6.1 Reports. Consultant shall periodically prepare and submit to the Contract Officer
such reports concerning Consultant's performance of the services required by this
Agreement as the Contract Officer shall require.
6.2 Records. Consultant shall keep such books and records as shall be necessary
to perform the services required by this Agreement and enable the Contract Officer to
evaluate the cost and the performance of such services. Books and records pertaining to
costs shall be kept and prepared in accordance with generally accepted accounting
principals. The Contract Officer shall have full and free access to such books and records
at all reasonable times, including the right to inspect, copy, audit, and make records and
transcripts from such records.
6.3 Ownership of Documents. Originals of all drawings, specifications, reports,
records, documents and other materials, whether in hard copy or electronic form, which are
prepared by Consultant, its employees, subcontractors and agents in the performance of
this Agreement, shall be the property of City and shall be delivered to City upon termination
of this Agreement or upon the earlier request of the Contract Officer, and Consultant shall
have no claim for further employment or additional compensation as a result of the exercise
by City of its full rights of ownership of the documents and materials hereunder. Consultant
shall cause all subcontractors to assign to City any documents or materials prepared by
them, and in the event Consultant fails to secure such assignment, Consultant shall
indemnify City for all damages suffered thereby.
In the event City or any person, firm or corporation authorized by City reuses said
documents and materials without written verification or adaptation by Consultant for the
specific purpose intended and causes to be made or makes any changes or alterations in
said documents and materials, City hereby releases, discharges, and exonerates
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Consultant from liability resulting from said change. The provisions of this clause shall
survive the completion of this Contract and shall thereafter remain in full force and effect.
6.4 Release of Documents. The drawings, specifications, reports, records,
documents and other materials prepared by Consultant in the performance of services
under this Agreement shall not be released publicly without the prior written approval of the
Contract Officer or as required by law. Consultant shall not disclose to any other entity or
person any information regarding the activities of City, except as required by law or as
authorized by City.
7.0 ENFORCEMENT OF AGREEMENT.
7.1 California Law. This Agreement shall be construed and interpreted both as to
validity and to performance of the parties in accordance with the laws of the State of
California. Legal actions concerning any dispute, claim or matter arising out of or in relation
to this Agreement shall be instituted in the Superior Court of the County of Riverside, State
of California, or any other appropriate court in such county, and Consultant covenants and
agrees to submit to the personal jurisdiction of such court in the event of such action.
7.2 Disputes. In the event of any dispute arising under this Agreement, the injured
party shall notify the injuring party in writing of its contentions by submitting a claim
therefore. The injured party shall continue performing its obligations hereunder so long as
the injuring party commences to cure such default within ten (10) days of service of such
notice and completes the cure of such default within forty-five (45) days after service of the
notice, or such longer period as may be permitted by the Contract Officer; provided that if
the default is an immediate danger to the health, safety and general welfare, City may take
such immediate action as City deems warranted. Compliance with the provisions of this
section shall be a condition precedent to termination of this Agreement for cause and to
any legal action, and such compliance shall not be a waiver of any party's right to take legal
action in the event that the dispute is not cured, provided that nothing herein shall limit
City's right to terminate this Agreement without cause pursuant to Section 7.8.
7.3 Retention of Funds. City may withhold from any monies payable to Consultant
sufficient funds to compensate City for any losses, costs, liabilities, or damages it
reasonably believes were suffered by City due to the default of Consultant in the
performance of the services required by this Agreement.
7.4 Waiver. No delay or omission in the exercise of any right or remedy of a non
defaulting party on any default shall impair such right or remedy or be construed as a
waiver. City's consent or approval of any act by Consultant requiring City's consent or
approval shall not be deemed to waive or render unnecessary City's consent to or approval
of any subsequent act of Consultant. Any waiver by either party of any default must be in
writing and shall not be a waiver of any other default concerning the same or any other
provision of this Agreement.
7.5 Rights and Remedies are Cumulative. Except with respect to rights and
remedies expressly declared to be exclusive in this Agreement, the rights and remedies of
the parties are cumulative and the exercise by either party of one or more of such rights or
remedies shall not preclude the exercise by it, at the same or different times, of any other
rights or remedies for the same default or any other default by the other party.
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7.6 Legal Action. In addition to any other rights or remedies, either party may take
legal action, at law or at equity, to cure, correct or remedy any default, to recover damages
for any default, to compel specific performance of this Agreement, to obtain injunctive relief,
or to obtain any other remedy consistent with the purposes of this Agreement.
7.7 Termination Prior to Expiration of Term. This section shall govern any
termination of this Agreement, except as specifically provided in the following Section 7.8
for termination for cause. City reserves the right to terminate this Agreement at any time,
with or without cause, upon thirty (30) days' written notice to Consultant. Upon receipt of
any notice of termination, Consultant shall immediately cease all services hereunder except
such as may be specifically approved by the Contract Officer. Consultant shall be entitled
to compensation for all services rendered prior to receipt of the notice of termination and for
any services authorized by the Contract Officer thereafter in accordance with the Schedule
of Compensation or such as may be approved by the Contract Officer, except as provided
in Section 7.3.
7.8 Termination for Default of Consultant. If termination is due to the failure of
Consultant to fulfill its obligations under this Agreement, City may, after compliance with the
provisions of Section 7.2, take over work and prosecute the same to completion by contract
or otherwise, and Consultant shall be liable to the extent that the total cost for completion of
the services required hereunder exceeds the compensation herein stipulated (provided that
City shall use reasonable efforts to mitigate such damages), and City may withhold any
payments to Consultant for the purpose of setoff or partial payment of the amounts owed
City as previously stated in Section 7.3.
7.9 Attorneys' Fees. If either party commences an action against the other party
arising out of or in connection with this Agreement, the prevailing party shall be entitled to
recover reasonable attorneys' fees and costs of suit from the losing party.
8.0 CITY OFFICERS AND EMPLOYEES; NONDISCRIMINATION.
8.1 Non -liability of City Officers and Employees. No officer or employee of City shall
be personally liable to Consultant, or any successor in interest, in the event or any default
or breach by City or for any amount which may become due to Consultant or to its
successor, or for breach of any obligation of the terms of this Agreement.
8.2 Conflict of Interest. No officer or employee of City shall have any personal
interest, direct or indirect, in this Agreement nor shall any such officer or employee
participate in any decision relating to the Agreement which affects his or her personal
interest or the interest of any corporation, partnership or association in which she or he is,
directly or indirectly, interested, in violation of any State statute or regulation. Consultant
warrants that it has not paid or given and will not pay or give any third party any money or
general consideration for obtaining this Agreement.
8.3 Covenant against Discrimination. Consultant covenants that, by and for itself, its
heirs, executors, assigns, and all persons claiming under or through them, that there shall
be no discrimination against or segregation of, any person or group of persons on account
of race, color, creed, religion, sex, marital status, national origin or ancestry in the
performance of this Agreement. Consultant shall take affirmative action to insure that
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applicants are employed and that employees are treated during employment without
regard to their race, color, creed, religion, sex, marital status, national origin or ancestry.
9.0 MISCELLANEOUS PROVISIONS
9.1 Notice. Any notice, demand, request, consent, approval, communication either
party desires or is required to give the other party or any other person shall be in writing
and either served personally or sent by prepaid, first-class mail to the address set forth
below. Either party may change its address by notifying the other party of the change of
address in writing. Notice shall be deemed communicated forty-eight (48) hours from the
time of mailing if mailed as provided in this section.
To City -
CITY OF LA QUINTA
Attention: Timothy R. Jonasson, P.E.
P.O. Box 1504
78-495 Calle Tampico
La Quinta, California 92247-1504
To Consultant:
Steven D. Speer, dba SPEER Civil
Attention: Steve Speer, Principal
50855 Washington Street, Suite C-280
La Quinta, California, 92253
9.2 Integrated Agreement. This Agreement contains all of the agreements of the
parties and all previous understanding, negotiations and agreements are integrated into
and superseded by this Agreement.
9.3 Amendment. This Agreement may be amended at any time by the mutual
consent of the parties by an instrument in writing signed by both parties.
9.4 Severability. In the event that any one or more of the phrases, sentences,
clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or
unenforceable by a valid judgment or decree of a court of competent jurisdiction, such
invalidity or unenforceability shall not affect any of the remaining phrases, sentences,
clauses, paragraphs, or sections of this Agreement which is hereby declared as severable
and shall be interpreted to carry out the intent of the parties hereunder.
9.5 Authority. The persons executing this Agreement on behalf of the parties hereto
warrant that they are duly authorized to execute this Agreement on behalf of said parties
and that by so executing this Agreement the parties hereto are formally bound to the
provisions of this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates
stated below.
CITY OF LA QUINTA,
a California municipal corporation
f
"Z. Date
Thomas P. Genovese, City Manager
ATTEST-.
i " C
'I':\PWDEPT\STAFF\GOBLE\CONTRACTS SERVICE AGREEMENTS\SPEER\2006 SPEER PLAN CHECK FINAL. DOC Page 9 cif 16
Date:
June Greek, City Clerk
APPROVED AS TO FORM:
. Kather'ne Jenson, City , ttbrney
CONSULTANT: Steven D. Speer, dba SPEER Civil
Date: 2 o&v
Date: Q
Steven D. Speer, P.E., n ipal
50855 Washington Street, uite C-280
La Quinta, California 92253
(760) 285-7335
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Exhibit A
Scope of Services
Improvement plan checking will include the review of plans submitted for subdivision
(residential) improvements, commercial developments, and infrastructure improvements
within the City's right of way. The plans shall be reviewed for conformance with local and
other applicable (County, State and Federal) ordinances and standards with a sense of
attention to details. Plan check services may include, but are not limited to the following:
• Grading Plans including mass grading, rough grading and precise grading plans
• Street Improvement Plans including street widening, rehabilitation and new street
plans
• Storm Drainage Plans
• Hydrology and Hydraulic Calculations and Reports
• Traffic Plans including signing and striping plans, traffic detour and traffic staging plans
and signal plans
• Engineer's Cost Estimate for the related items of work for bonding purposes
• Engineer's Reports including LAQMP Dust Control Plans, Storm Water Pollution
Prevention Plans, and Special Traffic Reports
The tasks of the plan checker include:
• To check for design conformance to:
- The approved Tentative Map
- Related Specific Plans
- General Plan and City Ordinances
- Conditions of Approval
- City Standards
- ADA Standards
- The City's Subdivision Plan Check List
- Other Agency Requirements such as RCFCD, CVWD and CalTrans
• To review plans for sound engineering practices.
• To check for accuracy of design in conformance with the City's most current Plan
Check List.
• To check general mathematics and design criteria.
• To call for redesign of any portion of plans that:
- Will not function due to poor engineering.
- Is not consistent with the Approved Tentative Map or Conditions of Approval.
- Will be potentially unsafe to the public.
- Impractical to construct.
All plans shall be reviewed under the direct supervision of a California Registered Engineer.
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Exhibit B
Schedule of Compensation
Payment shall be made in full at a "fixed fee" rate of:
$ 700 per sheet (submittals with 1-5 sheets in quantity)
$ 630 per sheet (submittals with 6-15 sheets in quantity)
$ 575 per sheet (submittals with 16 or more sheets in quantity)
Sheet counts are based on the number of sheets submitted for plan check. Sheets may
include title and detail sheets, street plans, storm drain plans, traffic plans, meandering
sidewalk and parkway grading plans, rough & precise grading plans at 30, 40 or 50 feet per
inch scale. Grading plans at 20 feet per inch scale or lower will be charged at $600.00 per
sheet. Consultant receives no additional compensation for review of supporting
documents including, but not limited to hydrology and hydraulic calculation reports, soils
reports & engineer's cost estimates, conditions of approval, tentative tract and parcel maps.
Consultant receives no additional compensation for delivery or postage fees necessary to
transmit or receive plans from City.
This rate shall be compensation for up to three (3) plan checks. Supplemental payment for
additional plan checks after the third check or for special engineering reports including
LAQMP Dust Control Plans, Storm Water Pollution Prevention Plans and Traffic Reports,
shall be in made at the rates listed in the Schedule of Billing Rates attached herewith for
the actual hours submitted in conformance with Section 2.2 of the Agreement. An estimate
of hours to complete the plan check (after the third plan check) or for special reports shall
be made in writing to the Contract Officer for approval as specified in Section 1.6 -
Additional Services of the Agreement.
Compensation for the first three plan checks shall be distributed at the following schedule:
First Plan Check 65% of the Total Plan Check Fee
Second Plan Check 20% of the Total Plan Check Fee
Third Plan Check 15% of the Total Plan Check Fee
The Consultant shall be compensated upon the completion of each plan check as indicated
in the above schedule and in conformance with Section 2.2 of the Agreement. If a project
is suspended, either definitely or indefinitely, the Consultant shall be compensated based
on the last completed plan check. If the plan check process is completed prior to the third
plan check, 100% of the plan check fee will be paid upon completion of the final plan check.
The Consultant shall separately invoice per plan. No exceptions will be allowed to the
payment schedule.
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Consultant also may be requested to provide general civil consulting services for specific
development related engineering projects for the City as applicable.
Payment shall be made in full at an hourly rate of:
$106.00 per hour — no overtime, travel time, expenses or other administrative charges will
be allowable over and above the stated hourly rate schedule.
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Exhibit C
Schedule of Performance
OFFICE HOURS
The Consultant shall maintain normal office hours between 8:00 a.m. and 5:00 p.m.,
Monday through Friday. The Consultant shall be available to meet with City Staff during
normal working hours with 48 hours advance notice.
SCHEDULE
The Consultant shall adhere to the following plan check schedule:
Plan Submittal Plan Check Turn -Around (From Receipt from City Staff)
1 S` Plan Check 10 Working Days
2nd Plan Check 5 Working Days
3rd Plan Check 2 Working Days
For larger, more complex projects such as golf course developments, one (1) additional
week for the 1 S` and 2nd plan check shall be provided, if necessary to complete a thorough
plan check. The consultant shall advise the Contract Officer, in writing, if additional time is
needed.
Normal plan check operations will be conducted as follows:
1" Submittal
Upon completing the 1 S` review, the Consultant shall submit the "red lined" plans and a copy
of the applicable Plan Check List to the City. The City will provide supplemental comment
as necessary and forward "red lined" plans to the applicant.
2nd and Subsequent Submittals
Upon receipt of the 2nd round plan check submittal from the applicant and upon completing
the 2nd review, the Consultant shall submit "red lined" plans and a copy of the applicable 2nd
review Plan Check List to the City. The City will provide supplemental comment as
applicable and forward 2" review "red lined" plans to the applicant. The process of
applicant correction, Consultant review followed by City review and "red lined" plan return to
applicant shall continue until approvable plans are generated and a plan approval letter is
submitted to the City by the Consultant.
If necessary, the Consultant shall be available to meet with City staff and/or the applicant to
review the plan check comments. The Consultant will communicate directly with the
applicant regarding plan check issues and clarifications. The City desires an average of no
more than 3 plan check rounds before final plan approval.
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The Consultant shall also maintain a plan check log as follows to track the plan check
status. The plan check log shall include the following information:
1) Receipt Date
2) Transmittal Dates
3) Who is Receiving the Information
4) Status of Plan Check
5) Project Description and City Plan Check Number
6) Plan Check Fees
The Consultant shall maintain all files for a period of three years. Copies of requested files
will be furnished to the City upon request.
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Exhibit D
Special Requirements
1. Consultant intends to incorporate its business later in 2006. City agrees to amend this
agreement within 30 days after receiving written notice and confirmation of incorporation to
accommodate the revised contract entity. All other aspects and Consultant personnel
detailed herein will remain in full force and effect.
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