11 01257.0005/840342.1
8.8 Interpretation.
The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.
8.9 Counterparts.
This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument.
8.10 Warranty & Representation of Non-Collusion. No official, officer, or employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of City participate in any decision relating to this Agreement which may affect his/her financial interest or the financial interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any State or municipal statute or regulation. The determination of “financial interest” shall be consistent with State law and shall not include interests found to be “remote” or “noninterests” pursuant to Government Code Sections 1091 or 1091.5. Consultant warrants and represents that it has not paid or given, and will not pay or give, to any third party including, but not limited to, any City official, officer, or employee, any money, consideration, or other thing of value as a result or consequence of obtaining or being awarded any agreement. Consultant further warrants and represents that (s)he/it has not engaged in any act(s), omission(s), or other conduct or collusion that would result in the payment of any money, consideration, or other thing of value to any third party including, but not limited to, any City official, officer, or employee, as a result of consequence of obtaining or being awarded any agreement. Consultant is aware of and understands that any such act(s), omission(s) or other conduct resulting in such payment of money, consideration, or other thing of value will render this Agreement void and of no force or effect.
Consultant’s Authorized Initials _______
8.11 Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties.
[Signatures On The Following Page]
12 01257.0005/840342.1
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written.
CITY:
CITY OF SOUTH EL MONTE, a municipal
corporation
Rene Salas, Interim City Manager
ATTEST:
Donna G. Schwartz, City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
Anthony R. Taylor, City Attorney
CONSULTANT:
BUREAU VERITAS NORTH AMERICA,
INC.
By:
Name: Trang Q. Huynh, P.E., C.B.O
Title: Regional Manager, Southern
California
By:
Name: Manual “Craig” Baptista
Title: Director of Operations
Address:220 Technology Drive, Suite 100
Irvine, CA 92618_____________
Two corporate officer signatures required when Consultant is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONSULTANT’S
SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE
INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT’S BUSINESS ENTITY.
01257.0005/840342.1
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On __________, 2022 before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature: _____________________________________
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
_______________________________
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________
TITLE OR TYPE OF DOCUMENT
___________________________________
NUMBER OF PAGES
___________________________________
DATE OF DOCUMENT
___________________________________
SIGNER(S) OTHER THAN NAMED ABOVE
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
01257.0005/840342.1
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On __________, 2022 before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature: _____________________________________
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
_______________________________
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________
TITLE OR TYPE OF DOCUMENT
___________________________________
NUMBER OF PAGES
___________________________________
DATE OF DOCUMENT
___________________________________
SIGNER(S) OTHER THAN NAMED ABOVE
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
01257.0005/840342.1 A-1
EXHIBIT “A”
SCOPE OF SERVICES
I. Consultant will perform the following services:
A. Perform traditional initial Building Inspection review of submitted plans to determine compliance with construction codes as adopted and amended by the City, including:
a. LOS ANGELES COUNTY CODE, TITLE 30, RESIDENTIAL CODE
b. LOS ANGELES COUNTY CODE, TITLE 26, BUILDING CODE
c. LOS ANGELES COUNTY CODE, TITLE 28, PLUMBING CODE
d. LOS ANGELES COUNTY CODE, TITLE 29, MECHANICAL CODE
e. LOS ANGELES COUNTY CODE, TITLE 27, ELECTRICAL CODE
f. LOS ANGELES COUNTY CODE, TITLE 31, GREEN BUILDING CODE g. LOS ANGELES COUNTY CODE, TITLE 33, EXISTING BUILDING CODE h. CALIFORNIA STATE, TITLE 24
B. Perform daily inspections; review plans to determine project scope and compliance with adopted codes and standards; maintain accurate records of permits and daily inspections.
C. Inspect existing buildings and premises for change of use, occupancy or compliance with applicable codes and ordinances; work with the public to ensure structures are safe and ready for occupancy.
D. Inspect construction projects for compliance with all parts of Title 24 of the California Code of Regulations, including building/ fire codes and standards.
E. Inspect construction projects for compliance with City codes, design guidelines, planning, and zoning requirements.
F. Support office staff and provide counter service; respond to questions, return phone calls and emails; input correction notices and case-related comments into an automated data base; file and/or scan documents following field inspections.
G. Respond to inquiries from the public and contractors regarding codes and other issues with projects, both over the phone and at the public counter.
01257.0005/840342.1
H. Assist with the investigation of complaints related to the State building code and City Ordinances, including but not limited to inspections for occupancy permits, structural property maintenance violations, etc.
I. Participate in professional/ public meetings and training, as required.
J. Assist with plan review at the counter.
K. Support the relationship between the City of South El Monte and the general public by demonstrating courteous and cooperative behavior when interacting with visitors, the public and City staff; maintain confidentiality of work-related issues and City information; perform other duties, as required or assigned.
L. Follow up to verify corrections for violations are made and takes appropriate action to ensure compliance.
M. Clearly notify contractor of code violations with electronic compliance reports at the time of inspection.
N. Review non-complex plans for code compliance.
O. Evaluate existing buildings, on a complaint basis, for hazardous conditions and initiates abatements procedures per the Los Angeles County Code, Title 33, Existing Building Code and the South El Monte Municipal Code public nuisance abatement procedures when warranted.
P. Study technical literature and attend meetings to keep current on applicable codes and code changes as they occur.
II. As part of the Services, Consultant will prepare and deliver the following tangible work products to the City:
A. Monthly invoicing that includes inspections scheduled throughout the previous month.
B. Daily inspection schedule—provided to receptionist and city staff.
III. In addition to the requirements of Section 6.2, during performance of the Services, Consultant will keep the City updated of the status of performance by delivering the following status reports:
A. Status reports due upon City’s request.
IV. All work product is subject to review and acceptance by the City, and must be revised by the Consultant without additional charge to the City until found satisfactory and accepted by City.
01257.0005/840342.1
V. Consultant will utilize the following personnel to accomplish the Services:
A. Tim Tran, MCP, CBO, CASP, Building Official (Primary) B. Trang Huynh, P.E, CBO, Building Official (Alternate) C. Luis Mota, Building Inspector
D. Dwayne Butz, Plans Examiner
01257.0005/840342.1 B-1
EXHIBIT “B”
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
C-1
01257.0005/840342.1
EXHIBIT “C”
SCHEDULE OF COMPENSATION
I. Consultant shall perform the Services from Exhibit “A” at the rates described in Exhibit “C–1.”
II. Within the budgeted amounts for each Task, and with the approval of the Contract Officer, funds may be shifted from one Task sub-budget to another so long as the Contract Sum is not exceeded per Section 2.1, unless Additional Services are approved per Section 2.3.
III. The City will compensate Consultant for the Services performed upon submission of a valid invoice. Each invoice is to include:
A. Line items for all the work performed, the number of hours worked, and the hourly rate.
B. Line items for all materials and equipment properly charged to the Services.
C. Line items for all other approved reimbursable expenses claimed, with supporting documentation.
D. Line items for all approved subcontractor labor, supplies, equipment, materials, and travel properly charged to the Services.
IV. The total compensation for the Services shall not exceed the Contract Sum as provided in Section 2.1 of this Agreement.
V. Consultant’s billing rates for all personnel are attached as Exhibit C-1.
01257.0005/840342.1
EXHIBIT “C-1”
CONSULTANT’S BILLING RATE
RATE TIME
A. Project
Manager/Building
Official
$155.00 Per Hour
B. Senior Plan Review
Engineer/Structural
Engineer
$150.00 Per Hour
C. Plan Review
Engineer
$135.00 Per Hour
D. Senior ICC
Certified Building
Inspector
$110.00-
$125.00
Per Hour
E. ICC Certified
Building Inspector
$90.00-$105.00 Per Hour
F. ICC Certified Plans
Examiner
$120.00 Per Hour
G. CASp 1 (Plan
Review and
Inspections)
$130.00 Per Hour
H. CASp 2 (ADA
Scoping, Design
Assessments and
ROW Support)
$150.00 Per Hour
I. Code Enforcement
Officer
$95.00-$115.00 Per Hour
J. Permit Technician $65.00-$80.00 Per Hour
K. Administrative
Support
$55.00-$70.00 Per Hour
L. Crisis Management $165.00 Per Hour
M. Plan Review $250.00 Per Plan
Review
D-1
01257.0005/840342.1
EXHIBIT “D”
SCHEDULE OF PERFORMANCE
I. Consultant shall perform all services timely in accordance with the following schedule:
Days to Perform Deadline Date
Building/Business
License
Inspections
Mondays, Wednesdays
and, Thursdays
N/A
Building Official
Services
As needed N/A
Additional
Services
As needed N/A
II. Consultant shall deliver the following tangible work products to the City by the following dates.
A. Please follow the accounts payable calendar in order for city to process monthly invoicing.
III. The Contract Officer may approve extensions for performance of the services in accordance with Section 3.2.