HomeMy WebLinkAbout2019 CON Bureau Veritas North America - On-Call Project Support Services (2)AGREEMENT
BETWEEN
THE CITY OF NATIONAL CITY
BUREAU VERITAS NORTH AMERICA, INC.
THIS AGREEMENT is entered into on this 17th day of December, 2019, between the
CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and BUREAU VERITAS
NORTH AMERICA, INC., a Delaware corporation (the "CONSULTANT").
RECITALS
WHEREAS, the CITY desires to employ a CONSULTANT to provide permit
processing, plan reviews, construction inspections, and code enforcement on -site and off -site
services.
WHEREAS, the CITY has determined that the CONSULTANT is a plan review fine and
is qualified by experience and ability to perform the services desired by the CITY, and the
CONSULTANT is willing to perform such services.
NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS
FOLLOWS:
1. ENGAGEMENT OF CONSULTANT. The CITY agrees to engage the
CONSULTANT to provide permit processing, plan reviews, construction inspections, and code
enforcement on -site and off -site services, and the CONSULTANT agrees to perform the services
set forth here in accordance with all terms and conditions contained herein.
The CONSULTANT represents that all services shall be performed directly by
the CONSULTANT or under direct supervision of the CONSULTANT.
2. EFFECTIVE DATE AND LENGTH OF AGREEMENT. This Agreement
will become effective on December 17, 2019. The duration of this Agreement is for the period
of December 17, 2019 through December 16, 2022. Completion dates or time durations for
specific portions of the project are set forth in Exhibit "A". This Agreement may be extended by
mutual agreement upon the same terms and conditions for an additional one (1) year term. The
Parties may exercise up to two one-year extensions. The City Council authorizes and delegates
that any extension of this Agreement be approved in writing by the City Manager.
3. SCOPE OF SERVICES. The CONSULTANT will perform those building
inspection, permit processing, plan reviews, construction inspections and code enforcement on -
site and off -site services as set forth in the attached Exhibit "A". Additionally, CONSULTANT
must send a copy of all plans CONSULTANT approves on the CITY's behalf to every CITY
department that would have occasion to rely on, or later review, those approved plans.
Additionally, CONSULTANT must perform all steps outlined in Exhibit "B" when "red -
tagging" a property. Additionally, CONSULTANT must follow all departmental guidelines,
policies and procedures communicated by CITY to CONSULT ANT.
The CONSULTANT shall be responsible for all research and reviews related to
the work and shall not rely on personnel of the CITY for such services, except as authorized in
advance by the CITY. The CONSULTANT shall appear at meetings specified in Exhibit "A",
and at other meetings at the CITY, or on subject properities, as directed by Luis Sainz to keep
staff and City Council advised of the progress on any given matter.
The CITY may unilaterally, or upon request from the CONSULTANT, from time
to time reduce or increase the Scope of Services to be performed by the CONSULTANT under
this Agreement. Upon doing so, the CITY and the CONSULTANT agree to meet in good faith
and confer for the purpose of negotiating a corresponding reduction or increase in the
compensation associated with said change in services.
4. PROJECT COORDINATION AND SUPERVISION. Luis Sainz, Building
Official, hereby is designated as the Project Coordinator for the CITY and will monitor the
progress and execution of this Agreement. The CONSULTANT shall assign a single Project
Director to provide supervision and have overall responsibility for the progress and execution of
this Agreement for the CONSULTANT. Isam Hasenin thereby is designated as the Project
Director for the CONSULTANT.
5. COMPENSATION AND PAYMENT. The CITY establishes the plan checking
fee by resolution of the City Council. The CITY collects the plan checking fee from the
applicant. The CONSULTANT's compensation for reviewing building department plans,
commonly referred to as "plan checking", shall be sixty percent (60%) of the plan checking fee
collected by the CITY for each permit based upon the CITY's adopted fee schedule in effect at
the time of the plan check submittal. The CONSULTANT's compensation for reviewing Fire
Department plan reviews shall be twenty-five percent (25%) of the plan checking fee collected
by the CITY for each permit based upon the CITY's adopted fee schedule in effect at the time of
the plan check submittal.
The compensation for the CONSULTANT shall be based on monthly billings covering
actual work performed. Billings shall include labor classifications, respective rates, hours worked
and also materials, if any. The total cost for all work described in Exhibit "A" shall not exceed
$800,000 per year for plan reviews, plan checking, or both, without prior written authorization
from the Director of Community Development. The compensation for the CONSULTANT'S
work shall not exceed the rates set forth in Exhibit "A". Monthly invoices will be processed for
payment and remitted within thirty (30) days from receipt of invoice, provided that work is
accomplished consistent with Exhibit "A", as determined by the CITY. For each billing error
resulting in an incorrect charge to the CITY that CITY staff discovers in CONSULTANT'S
invoices, CONSULTANT shall pay the CITY for the time incurred by CITY staff to identify the
billing error. Any payment from CONSULTANT to CITY regarding billing errors referenced in
this Section shall be paid according to the fully -burdened hourly rate applicable to the CITY staff
person who identified the billing error.
The CONSULTANT shall maintain all books, documents, papers, employee time
sheets, accounting records, and other evidence pertaining to costs incurred, and shall make such
materials available at its office at all reasonable times during the term of this Agreement and for
three (3) years from the date of final payment under this Agreement, for inspection by the CITY,
and for furnishing of copies to the CITY, if requested.
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6. ACCEPTABILITY OF WORK. The CITY shall decide any and all questions
which may arise as to the quality or acceptability of the services performed and the manner of
performance, the acceptable completion of this Agreement, and the amount of compensation due.
In the event the CONSULTANT and the CITY cannot agree to the quality or acceptability of the
work, the manner of performance and/or the compensation payable to the CONSULTANT in this
Agreement, the CITY or the CONSULTANT shall give to the other written notice. Within ten
(10) business days, the CONSULTANT and the CITY shall each prepare a report which supports
their position and file the same with the other party. The CITY shall, with reasonable diligence,
determine the quality or acceptability of the work, the manner of performance and/or the
compensation payable to the CONSULTANT.
7. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda,
Reports, Maps, Drawings, Plans, Specifications, and other documents prepared by the
CONSULTANT for this project, whether paper or electronic, shall: (1) be free from defects; (2)
become the property of the CITY for use with respect to this project; and (3) shall be turned over
to the CITY upon completion of the project, or any phase thereof, as contemplated by this
Agreement.
Contemporaneously with the transfer of documents, the CONSULTANT hereby
assigns to the CITY, and CONSULTANT thereby expressly waives and disclaims any copyright
in, and the right to reproduce, all written material, drawings, plans, specifications, or other work
prepared under this Agreement, except upon the CITY'S prior authorization regarding
reproduction, which authorization shall not be unreasonably withheld. The CONSULTANT
shall, upon request of the CITY, execute any further document(s) necessary to further effectuate
this waiver and disclaimer.
The CONSULTANT agrees that the CITY may use, reuse, alter, reproduce,
modify, assign, transfer, or in any other way, medium, or method utilize the CONSULTANT'S
written work product for the CITY'S purposes, and the CONSULTANT expressly waives and
disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to
intellectual property and artistic works.
Any modification or reuse by the CITY of documents, drawings, or specifications
prepared by the CONSULTANT shall relieve the CONSULTANT from liability under Section
14, but only with respect to the effect of the modification or reuse by the CITY, or for any
liability to the CITY should the documents be used by the CITY for some project other than
what was expressly agreed upon within the Scope of Services of this project, unless otherwise
mutually agreed.
8. INDEPENDENT CONTRACTOR. Both parties hereto in the performance of
this Agreement will be acting in an independent capacity and not as agents, employees, partners,
or joint venturers with one another. Neither the CONSULTANT nor the CONSULTANT'S
employees are employees of the CITY, and are not entitled to any of the rights, benefits, or
privileges of the CITY'S employees, including but not limited to retirement, medical, unemploy-
ment, or workers' compensation insurance.
This Agreement contemplates the personal services of the CONSULTANT and
the CONSULTANT'S employees, and it is recognized by the parties that a substantial
inducement to the CITY for entering into this Agreement was, and is, the professional reputation
and competence of the CONSULTANT and its employees. Neither this Agreement, nor any
interest herein, may be assigned by the CONSULTANT without the prior written consent of the
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CITY. Nothing herein contained is intended to prevent the CONSULTANT from employing or
hiring as many employees, or SUBCONSULTANTS, as the CONSULTANT may deem
necessary for the proper and efficient performance of this Agreement. All agreements by
CONSULTANT with its SUBCONSULTANT(S) shall require the SUBCONSULTANT(S) to
adhere to the applicable terms of this Agreement.
9. CONTROL. Neither the CITY, nor its officers, agents, or employees shall have
any control over the conduct of the CONSULTANT or any of the CONSULTANT'S employees,
except as set forth in this Agreement. The CONSULTANT, or the CONSULTANT'S agents,
servants, or employees are not in any manner agents, servants, or employees of the CITY. The
CONSULTANT and its agents, servants, and employees are wholly independent from the CITY
and CONSULTANT'S obligations to the CITY are solely prescribed by this Agreement.
10. COMPLIANCE WITH APPLICABLE LAW. The CONSULTANT, in the
performance of the services to be provided herein, shall comply with all applicable state and
federal statutes and regulations, and all applicable ordinances, rules, and regulations of the
County of San Diego and the City of National City, whether now in force or subsequently
enacted. The CONSULTANT and each of its SUBCONSULTANT(S), shall obtain and maintain
a current City of National City business license prior to and during performance of any work
pursuant to this Agreement.
11. LICENSES, PERMITS, ETC. The CONSULTANT represents and covenants
that it, and all its employees dispatched to perform work on behalf of the CITY, have all licenses,
permits, qualifications, and approvals of whatever nature that are legally required for
CONSULTANT and CONSULTANT's employees to practice their profession. CONSULTANT
must provide CITY copies of any such license, permit, or approval to CITY before any of
CONSULTANT's employees perform services on behalf of CITY. The CONSULTANT
represents and covenants that the CONSULTANT shall, at its sole cost and expense, keep in
effect at all times during the term of this Agreement, any license, permit, or approval which is
legally required for the CONSULTANT, or CONSULTANT's employees, to practice their
profession.
12. STANDARD OF CARE.
A. The CONSULTANT, in performing any services under this Agreement,
shall perform in a manner consistent with that level of care and skill ordinarily exercised by
members'of the CONSULTANT'S trade or profession currently practicing under similar
conditions and in similar locations. The CONSULTANT shall take all special precautions
necessary to protect the CONSULTANT'S employees and members of the public from risk of
harm arising out of the nature of the work and/or the conditions of the work site.
B. Unless disclosed in writing prior to the date of this Agreement, the
CONSULTANT warrants to the CITY that it is not now, nor has it for the five (5) years
preceding, been debarred by a governmental agency or involved in debarment, arbitration or
litigation proceedings concerning the CONSULTANT'S professional performance or the
furnishing of materials or services relating thereto.
C. The CONSULTANT is responsible for identifying any unique products,
treatments, processes or materials whose availability is critical to the success of the project the
CONSULTANT has been retained to perform, within the time requirements of the CITY, or,
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when no time is specified, then within a commercially reasonable time. Accordingly, unless the
CONSULTANT has notified the CITY otherwise, the CONSULTANT warrants that all
products, materials, processes or treatments identified in the project documents prepared for the
CITY are reasonably commercially available. Any failure by the CONSULTANT to use due
diligence under this sub -section will render the CONSULTANT liable to the CITY for any
increased costs that result from the CITY'S later inability to obtain the specified items or any
reasonable substitute within a price range that allows for project completion in the time frame
specified or, when not specified, then within a commercially reasonable time.
13. NON-DISCRIMINATION PROVISIONS. The CONSULTANT shall not
discriminate against any employee or applicant for employment because of age, race, color,
ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or
medical condition. The CONSULTANT will take positive action to insure that applicants are
employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation,
marital status, national origin, physical handicap, or medical condition. Such action shall include
but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or
recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and
selection for training, including apprenticeship. The CONSULTANT agrees to post in
conspicuous places available to employees and applicants for employment any notices provided
by the CITY setting forth the provisions of this non-discrimination clause.
14. CONFIDENTIAL INFORMATION. The CITY may from time to time
communicate to the CONSULTANT certain confidential information to enable the
CONSULTANT to effectively perform the services to be provided herein. The CONSULTANT
shall treat all such information as confidential and shall not disclose any part thereof without the
prior written consent of the CITY. The CONSULTANT shall limit the use and circulation of
such information, even within its own organization, to the extent necessary to perform the
services to be provided herein. The foregoing obligation of this Section 14, however, shall not
apply to any part of the information that (i) has been disclosed in publicly available sources of
information; (ii) is, through no fault of the CONSULTANT, hereafter disclosed in publicly
available sources of information; (iii) is already in the possession of the CONSULTANT without
any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the
CONSULTANT by a third party, but only to the extent that the use or disclosure thereof has
been or is rightfully authorized by that third party.
The CONSULTANT shall not disclose any reports, recommendations,
conclusions or other results of the services or the existence of the subject matter of this
Agreement without the prior written consent of the CITY. In its performance hereunder, the
CONSULTANT shall comply with all legal obligations it may now or hereafter have respecting
the information or other property of any other person, firm or corporation.
CONSULTANT shall be liable to CITY for any damages caused by breach of this
condition, pursuant to the provisions of Section 15.
15. INDEMNIFICATION AND HOLD HARMLESS. To the maximum extent
provided by law, The CONSULTANT agrees to defend, indemnify and hold harmless the City of
National City, its officers, officials, agents, employees, and volunteers against and from any and
all liability, loss, damages to property, injuries to, or death of any person or persons, and all
claims, demands, suits, actions, proceedings, reasonable attorneys' fees, and defense costs, of
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any kind or nature, including workers' compensation claims, of or by anyone whomsoever,
resulting from or arising out of the CONSULTANT'S performance or other obligations under
this Agreement; provided, however, that this indemnification and hold harmless shall not include
any claims or liability arising from the established sole negligence or willful misconduct of the
CITY, its agents, officers, employees or volunteers. CITY will cooperate reasonably in the
defense of any action, and CONSULTANT shall employ competent counsel, reasonably
acceptable to the City Attorney.
The indemnity, defense, and hold harmless obligations contained herein shall
survive the termination of this Agreement for any alleged or actual omission, act, or negligence
under this Agreement that occurred during the term of this Agreement.
16. EMPLOYEE PAYMENTS AND INDEMNIFICATION.
A. PERS Eligibility Indemnification. If CONSULTANT's employee(s) providing
services under this Agreement claims, or is determined by a court of competent jurisdiction or
the California Public Employees Retirement System ("PERS") to be eligible for enrollment in
PERS of the CITY, CONSULTANT shall indemnify, defend, and hold harmless CITY for the
payment of any employer and employee contributions for PERS benefits on behalf of the
employee as well as for payment of any penalties and interest on such contributions which would
otherwise be the responsibility of the CITY.
CONSULTANT'S employees providing service under this Agreement shall not:
(1) qualify for any compensation and benefit under PERS; (2) be entitled to any benefits under
PERS; (3) enroll in PERS as an employee of CITY; (4) receive any employer contributions paid
by CITY for PERS benefits; or (5) be entitled to any other PERS-related benefit that would
accrue to a CITY employee. CONSULTANT's employees hereby waive any claims to benefits
or compensation described in this Section 16. This Section 16 applies to CONSULTANT
notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to
the contrary.
B. Limitation of CITY Liability. The payment made to CONSULTANT under this
Agreement shall be the full and complete compensation to which CONSULTANT and
CONSULTANT's officers, employees, agents, and subcontractors are entitled for performance
of any work under this Agreement. Neither CONSULTANT nor CONSULTANT's officers,
employees, agents, and subcontractors are entitled to any salary or wages, or retirement, health,
leave or other fringe benefits applicable to CITY employees. The CITY will not make any
federal or state tax withholdings on behalf of CONSULTANT. The CITY shall not be required to
pay any workers' compensation insurance on behalf of CONSULTANT.
C. Indemnification for Employee Payments. CONSULTANT agrees to defend and
indemnify the CITY for any obligation, claim, suit, or demand for tax, retirement contribution
including any contribution to PERS, social security, salary or wages, overtime payment, or
workers' compensation payment which the CITY may be required to make on behalf of (1)
CONSULTANT, (2) any employee of CONSULTANT, or (3) any employee of CONSULTANT
construed to be an employee of the CITY, for work performed under this Agreement. This is a
continuing obligation that survives the termination of this Agreement.
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17. WORKERS' COMPENSATION. The CONSULTANT shall comply with all
of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of
California, the applicable provisions of Division 4 and 5 of the California Labor Code and all
amendments thereto; and all similar State or federal acts or laws applicable; and shall indemnify,
and hold harmless the CITY and its officers, employees, and volunteers from and against all
claims, demands, payments, suits, actions, proceedings, and judgments of every nature and
description, including reasonable attorney's fees and defense costs presented, brought or
recovered against the CITY or its officers, employees, or volunteers, for or on account of any
liability under any of said acts which may be incurred by reason of any work to be performed by
the CONSULTANT under this Agreement.
18. INSURANCE. The CONSULTANT, at its sole cost and expense, shall purchase
and maintain, and shall require its SUBCONSULTANT(S), when applicable, to purchase and
maintain throughout the term of this Agreement, the following insurance policies:
A. Professional Liability Insurance (errors and omissions) with minimum
limits of $1,000,000 per claim.
B. Automobile Insurance covering all bodily injury and property damage
incurred during the performance of this Agreement, with a minimum coverage of $1,000,000
combined single limit per accident. Such automobile insurance shall include owned, non -owned,
and hired vehicles. The policy shall name the CITY and its officers, agents, employees, and
volunteers as additional insureds, and a separate additional insured endorsement shall be
provided.
C. Commercial General Liability Insurance, with minimum limits of either
$2,000,000 per occurrence and $4,000,000 aggregate, or $1,000,000 per occurrence and
$2,000,000 aggregate with a $2,000,000 umbrella policy, covering all bodily injury and property
damage arising out of its operations, work, or performance under this Agreement. The policy
shall name the CITY and its officers, agents, employees, and volunteers as additional insureds,
and a separate additional insured endorsement shall be provided. The general aggregate limit
must apply solely to this "project" or "location". The "project" or "location" should be noted
with specificity on an endorsement that shall be incorporated into the policy.
D. Workers' Compensation Insurance in an amount sufficient to meet
statutory requirements covering all of CONSULTANT'S employees and employers' liability
insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be endorsed
with a waiver of subrogation in favor of the CITY. Said endorsement shall be provided prior to
commencement of work under this Agreement.
If CONSULTANT has no employees subject to the California Workers'
Compensation and Labor laws, CONSULTANT shall execute a Declaration to that effect. Said
Declaration shall be provided to CONSULTANT by CITY.
E. The aforesaid policies shall constitute primary insurance as to the CITY,
its officers, officials, employees, and volunteers, so that any other policies held by the CITY
shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30)
days prior written notice to the CITY's Risk Manager, at the address listed in subsection G
below, of cancellation or material change.
F. If required insurance coverage is provided on a "claims made" rather than
"occurrence" form, the CONSULTANT shall maintain such insurance coverage for three years
after expiration of the term (and any extensions) of this Agreement. In addition, the "retro" date
must be on or before the date of this Agreement.
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G. The Certificate Holder for all policies of insurance required by this
Section shall be:
City of National City
do Risk Manager
1243 National City Boulevard
National City, CA 91950-4397
H. Insurance shall be written with only insurers authorized to conduct
business in California that hold a current policy holder's alphabetic and financial size category
rating of not less than A:VII according to the current Best's Key Rating Guide, or a company of
equal financial stability that is approved by the CITY'S Risk Manager. In the event coverage is
provided by non -admitted "surplus lines" carriers, they must be included on the most recent List
of Approved Surplus Line Insurers ("LASLI") and otherwise meet rating requirements.
I. This Agreement shall not take effect until certificate(s) or other sufficient
proof that these insurance provisions have been complied with, are filed with and approved by
the CITY'S Risk Manager. If the CONSULTANT does not keep all insurance policies required
by this Section 18 in full force and effect at all times during the term of this Agreement, the
CITY may teat the failure to maintain the requisite insurance as a breach of this Agreement and
terminate the Agreement as provided herein.
J. All deductibles and self -insured retentions in excess of $10,000 must be
disclosed to and approved by the CITY. CITY reserves the right to modify the insurance
requirements of this Section 18, including limits, based on the nature of the risk, prior
experience, insurer, coverage, or other special circumstances.
K. If the CONSULTANT maintains broader coverage or higher limits (or
both) than the minimum limits shown above, the CITY shall be entitled to the broader coverage
or higher limits (or both) maintained by the CONSULTANT. Any available insurance proceeds
in excess of the specified minimum limits of insurance and coverage shall be available to the
CITY.
19. LEGAL FEES. If any party brings a suit or action against the other party arising
from any breach of any of the covenants or agreements or any inaccuracies in any of the
representations and warranties on the part of the other party arising out of this Agreement, then
in that event, the prevailing party in such action or dispute, whether by final judgment or out -of -
court settlement, shall be entitled to have and recover of and from the other party all costs and
expenses of suit, including attorneys' fees.
For purposes of determining who is to be considered the prevailing party, it is stipulated
that attorney's fees incurred in the prosecution or defense of the action or suit shall not be
considered in determining the amount of the judgment or award. Attorney's fees to the prevailing
party if other than the CITY shall, in addition, be limited to the amount of attomey's fees
incurred by the CITY in its prosecution or defense of the action, irrespective of the actual
amount of attorney's fees incurred by the prevailing party.
20. TERMINATION.
A. This Agreement may be terminated with or without cause by the CITY.
Termination without cause shall be effective only upon 60-day's written notice to the
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CONSULTANT. During said 60-day period the CONSULTANT shall perform all services in
accordance with this Agreement.
B. This Agreement may also be terminated immediately by the CITY for
cause in the event of a material breach of this Agreement, misrepresentation by the
CONSULTANT in connection with the formation of this Agreement or the performance of
services, or the failure to perform services as directed by the CITY.
C. Termination with or without cause shall be effected by delivery of written
Notice of Termination to the CONSULTANT as provided for herein.
D. In the event of termination, all finished or unfinished Memoranda Reports,
Maps, Drawings, Plans, Specifications and other documents prepared by the CONSULTANT,
whether paper or electronic, shall immediately become the property of and be delivered to the
CITY, and the CONSULTANT shall be entitled to receive just and equitable compensation for
any work satisfactorily completed on such documents and other materials up to the effective date
of the Notice of Termination, not to exceed the amounts payable hereunder, and less any
damages caused the CITY by the CONSULTANT'S breach, if any. Thereafter, ownership of
said written material shall vest in the CITY all rights set forth in Section 7.
E. The CITY further reserves the right to immediately terminate this
Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONSULTANT; (2) a
reorganization of the CONSULTANT for the benefit of creditors; or (3) a business
reorganization, change in business name or change in business status of the CONSULTANT.
21. NOTICES. All notices or other communications required or permitted hereunder
shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express
or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or
sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex,
telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally
delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by
overnight mail, the business day following its deposit in such overnight mail facility, (iii) if
mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is
outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or
other like facility regularly maintained by the United States Postal Service, (iv) if given by
telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given
by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other
communication delivered or sent as specified above shall be directed to the following persons:
To CITY:
Luis Sainz
Building Official
Building Department
City of National City
1243 National City Boulevard
National City, CA 91950-4397
To CONSULTANT:
Isam Hasenin, PE, CBO - COO
180 Promenade Circle #150
Sacramento, CA 95834
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Notice of change of address shall be given by written notice in the manner
specified in this Section. Rejection or other refusal to accept or the inability to deliver because of
changed address of which no notice was given shall be deemed to constitute receipt of the notice,
demand, request or communication sent. Any notice, request, demand, direction or other
communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty-
eight (48) hours by letter mailed or delivered as specified in this Section.
22. CONFLICT OF INTEREST AND POLITICAL REFORM ACT
OBLIGATIONS. During the term of this Agreement, the CONSULTANT shall not perform
services of any kind for any person or entity whose interests conflict in any way with those of the
City of National City. The CONSULTANT also agrees not to specify any product, treatment,
process or material for the project in which the CONSULTANT has a material financial interest,
either direct or indirect, without first notifying the CITY of that fact. The CONSULTANT shall
at all times comply with the terms of the Political Reform Act and the National City Conflict of
Interest Code. The CONSULTANT shall immediately disqualify itself and shall not use its
official position to influence in any way any matter coming before the CITY in which the
CONSULTANT has a financial interest as defined in Government Code Section 87103. The
CONSULTANT represents that it has no knowledge of any financial interests that would require
it to disqualify itself from any matter on which it might perform services for the CITY.
The CONSULTANT shall comply with all of the reporting requirements of the
Political Reform Act and the National City Conflict of Interest Code. Specifically, the
CONSULTANT shall file a Statement of Economic Interests with the City Clerk of the City of
National City in a timely manner on forms which the CONSULTANT shall obtain from the City
Clerk.
The CONSULTANT shall be strictly liable to the CITY for all damages, costs or
expenses the CITY may suffer by virtue of any violation of this Section 22 by the
CONSULTANT.
23. PREVAILING WAGES. State prevailing wage rates may apply to work
performed under this Agreement. State prevailing wages rates apply to all public works contracts
as set forth in California Labor Code, including but not limited to, Sections 1720, 1720.2,
1720.3, 1720.4, and 1771. Consultant is solely responsible to determine if State prevailing wage
rates apply and, if applicable, pay such rates in accordance with all laws, ordinances, rules, and
regulations.
24. ADMINISTRATIVE PROVISIONS.
A. Computation of Time Periods. If any date or time period provided for in
this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date
shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a
Saturday, Sunday or federal, state, or legal holiday.
B. Counterparts. This Agreement may be executed in multiple counterparts,
each of which shall be deemed an original, but all of which, together, shall constitute but one and
the same instrument.
C. Captions. Any captions to, or headings of, the sections or subsections of
this Agreement are solely for the convenience of the parties hereto, are not a part of this
Agreement, and shall not be used for the interpretation or determination of the validity of this
Agreement or any provision hereof.
Standard Agreement City of National City and
Revised May 2019 Bureau Veritas North America
10
D. No Obligations to Third Parties. Except as otherwise expressly provided
herein, the execution and delivery of this Agreement shall not be deemed to confer any rights
upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto.
E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are
hereby incorporated herein by this reference for all purposes. To the extent any exhibits,
schedules, or provisions thereof conflict or are inconsistent with the terms and conditions
contained in this Agreement, the terms and conditions of this Agreement shall control.
F. Amendment to this Agreement. The terms of this Agreement may not be
modified or amended except by an instrument in writing executed by each of the parties hereto.
G. Assignment & Assumption of Rights. CONSULTANT shall not assign this
Agreement, in whole or in part, to any other party without first obtaining the written consent of
CITY.
H. Waiver. The waiver or failure to enforce any provision of this Agreement
shall not operate as a waiver of any future breach of any such provision or any other provision
hereof.
I. Applicable Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of California. The venue for any legal action arising under
this Agreement shall be in either state or federal court in the County of San Diego, State of
California.
J. Audit. If this Agreement exceeds ten -thousand dollars ($10,000), the
parties shall be subject to the examination and audit of the State Auditor for a period of three (3)
years after final payment under the Agreement, per Government Code Section 8546.7.
K. Entire Agreement. This Agreement supersedes any prior agreements,
negotiations and communications, oral or written, and contains the entire agreement between the
parties as to the subject matter hereof. No subsequent agreement, representation, or promise
made by either party hereto, or by or to an employee, officer, agent or representative of any party
hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby.
L. Successors and Assigns. This Agreement shall be binding upon and shall
inure to the benefit of the successors and assigns of the parties hereto.
M. Subcontractors or Subconsultants. The CITY is engaging the services of
the CONSULTANT identified in this Agreement. The CONSULTANT shall not subcontract any
portion of the work, unless such subcontracting was part of the original proposal or is allowed by
the CITY in writing. In the event any portion of the work under this Agreement is subcontracted,
the subconsultant(s) shall be required to comply with and agree to, for the benefit of and in favor
of the CITY, both the insurance provisions in Section 18 and the indemnification and hold
harmless provision of Section 15 of this Agreement.
N. Construction. The parties acknowledge and agree that (i) each party is of
equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and
negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity
to consult with its own, independent counsel and such other professional advisors as such party
has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv)
each party and such party's counsel and advisors have reviewed this Agreement, (v) each party
has agreed to enter into this Agreement following such review and the rendering of such advice,
and (vi) any rule or construction to the effect that ambiguities are to be resolved against the
drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or
any amendments hereto.
Standard Agreement City of National City and
Revised May 2019 Bureau Veritas North America
11
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year
first above written.
CITY OF NATIONAL CITY
By:
Alejandra Sotelo-Solis, Mayor
APPROVED AS TO FORM:
Angil P. Morris -Jones
City Attorney
By:
Roberto M. Contreras
Deputy City Attorney
Standard Agreement
Revised May 2019
BUREAU VERITAS NORTH AMERICA,
INC., A DELAWARE CORPORATION
(CorporatjpN —signatures of two corporate officers required)
(Name)
z sAK HR S 5 N l�+
By: /.l4.4,64„t, A 4
(Name)
(Pr'int) / , C
(Title)
City of National City and
Bureau Veritas North America
12
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year
first above written.
CITY OF NATIONAL CITY
By:
Alejandra Sotelo-Solis, Mayor
APPROVED AS TO FORM:
Angil P. Morris -Jones
City Attorney
By:
BUREAU VERITAS NORTH AMERICA,
INC., A DELAWARE CORPORATION
(Corporation - signatures of two corporate officers required)
By:
ame)
Gus Guerrero
(Print)
COO / Vice President
(Title)
grt� rl
(Name)
Craig Baptista
(Print)
Vice President
(Title)
Standard Agreement Page 12 of 12 City of National City and
Revised May 2019 Bureau Veritas North America
EXHIBIT A
October 15, 2019
City of National City
Luis Sainz, Building Official
Building Division
1243 National City Blvd.
National City, CA 91950
BUREAU
VERITAS
RE: REVISED FEES - ON -CALL PROJECT SUPPORT SERVICES FOR NATIONAL CITY'S CAPITAL IMPROVEMENT
PROGRAM (CIP) CONTRACT NEGOTIATIONS FOR BUILDING DEPARTMENT SUPPORT SERVICES
Dear Mr. Sainz,
Bureau Veritas North America, Inc. (BVNA) is pleased to provide revised fees for the On -Call contract to perform
building department support services for the City of National City. We take great pride in our ability to provide
exemplary services to our clients by tailoring our services to their unique needs.
We strive to build long-term relationships and value this opportunity with City of National City and want to serve
as your building department consultant of choice. The City of National City can be assured you will receive the
responsive, quality service that Bureau Veritas has built it's reputation on.
Our attached revised Schedule of Fees is based on the Scope of Work and includes a comprehensive list of positions/
labor classifications and hourly labor rates for all proposed services to be provided under the contract.
BVNA looks forward to supporting National City by providing comprehensive building department and other
related services.. We appreciate the opportunity to assist you with your building and safety compliance needs.
Should you have any questions, please do not hesitate to contact me directly at: Phone: +1 (858) 436-4159 or Email:
isam.hasenin@bureauveritas.com.
Sincerely,
Isam Hasenin, MSCE, P.E., C.B.O.
C.O.O., Facilities Division
Bureau Veritas North America, Inc.
Cell: (858) 436-4159 / Fax: (858) 451-2846
isam.hasenin@bureauveritas.com
www.us.bureauveritas.com
BUREAU VERITAS 9988 Hibert Street, Suite 100, San Diego, CA 92131
p 858.451.6100 I www.us.bureauveritas.com
13
SCHEDULE OF FEES
2
FEE SCHEDULE
ON -CALL PROJECT SUPPORT SERVICES FOR NATIONAL CITY'S
CAPITAL IMPROVEMENT PROGRAM (CIP),
BUILDING DEPARTMENT SUPPORT SERVICES
OCTOBER 15, 2019
Bureau Veritas' pricing reflects our commitment to the success of the City of National City by helping you maintain significant
quality and cost saving benefits moving forward.
60%
Expedited
30%
Expedited
Building Plan Review
Percentage of Fee:
of City collected plan check fees as noted in the City of National City fee
Plan Review service is available at an additional cost of 25% of the
Fire Plan Review
Percentage of Fee:
of City collected plan check fees as noted in the City of National City fee
Plan Review service is available at an additional cost of 25% of the
Other Services
Key Personnel
schedule.
plan check fee.
schedule.
plan check fee.
Hourly Billing Rate
1.
Senior Planner
$145.00
2.
Plan Checker Engineer
$125.00
3.
Planner
$125.00
4.
CASp
$120.00
5.
Fire Plans Examiner
$115.00
6.
Fire Inspector
$105.00
7.
ICC Plans Examiners
$95.00
8.
Senior Building Inspector
$95.00
9.
Code Enforcement
$85.00
10.
Building Inspector
$85.00
11.
Permit Technician
$72.00
After hours inspections will be charged at an additional 25% of fees shown above with a minimum of three (3) hours. All
necessary resources including equipment, materials, incidental reports and transportation required to provide project
services are included in fees shown above. Rates are non -prevailing wage.
Bureau Veritas to provide one (1) clerical support staff as -needed at no cost to the City of National City. This clerical
support staff shall be an employee of Bureau Veritas, not of the City of National City.
BUREAU VERITAS 9988 Hibert Street, Suite 100, San Diego, CA 92131
P 858.451.6100 I E infowest@us.bureauveritas.com I www.us.bureauveritas.com
14
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15
PRESENTER:
\•
ISAM HASENIN, MSCE, P.E., C.B.O.
MEET THE TEAM
Isam Hasenin, MSCE, P.E., C.B.O.
Principal in Charge
Moe Heivand, P.E.
Regional Manager
Yousef Ibrahim, P.E.
CIP Program Manager
Andrew Chan, MIP, LEED AP BD+C
A/E Design & Management
William Bixby, P.E.
Civil Plan Review
Robert Scott
Fire Plan Review/Inspection
Karen Flaherty
Permit Processing & Plan Review
Sandra Miles, ADAC, CASp, RAS
Accessibility Specialist
16
BOARD EXPERTISE AND RESOURCES
WHO WE ARE
1904
Years
Legacy
Founded in 1828, Bureau Veritas is a global company specializing in the fields of quality assurance, health, safety, and
environmental (QHSE) services. Our firm maintains a presence in 140 countries through a network of more than 1,250
offices. Our focus is on protecting our clients' brands, assets and businesses.
Bureau Veritas is an internationally recognized organization for ISO:9001 certification. Our all -embracing approach to project
compliance is backed by our global scale of technical and regulatory expertise. The experience we have acquired through
190+ years has solidified our standing as one of the largest. most reputable, compliance and certification bodies worldwide.
MARINE
& OFFSHORE
INDUSTRY
BUILDINGS &
INFRASTRUCTURE
17
CERTIFICATION
AGRI-FOOD &
COMMODITIES
CONSUMER
PRODUCTS
ONE TEAM, ONE SOLUTION
MULTI -FACETED CONSULTING
SERVICES
• Partners in municipal services
• Place National City as a top priority
• Single point of contact + dedicated project team
• Local Presence, 18 miles door -to door
• Experts in CIP (Engineering & Public Works)
• Comprehensive experience in building department
services
• Robust team of licensed/certified professionals in all
review and inspection disciplines
• Experienced ADA and Planning/Environmental
Specialists
• Extensive experience with time -sensitive high profile
and complex projects
• Collaborative solutions and creative problem -solving
18
LOCAL PRESENCE
Local
San Diego office
Dedicated to
National City:
9988 Hibert Street
Suite 100
San Diego, CA 92131
18 miles
door-to-door
Sacrrento
San Franco
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San Jose
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Fresno
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CALIFORNIA
NEVADA
Humboldt-Toiyabe
National Forest
Bakersfield
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Death Valley
National Park Las Vegas
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Long Beach
SanTiego
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19
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10
California
Offices
• San Diego
• Santa Ana
• Pasadena
• Westlake
Village
• Irvine
• Atascadero
• San Ramon
• Sacramento
• Chico
• Santa Rosa
I
SUPPORTING THE CITY OF NATIONAL CITY'S
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Bureau Veritas is able to fully support the needs of the City of
National City in the following areas:
20
Capital Improvement Program (CIP)
• Architectural, Civil, Structural, Mechanical/Plumbing, and
Electrical Engineering
• Construction Management & Inspections
• Capital Needs Assessments/FCA
Building Department Support
• Plan Check, Permitting, Inspections
• Municipal Code Support
Fire Department Support
• Fire Plan Check and Inspection Services
• Sprinklers and Alarm Systems
s0RVICES 2010 BUREAU VERITAS 06
SUPPORTING THE CITY OF NATIONAL CITY'S
• NEE �
21
ADA Compliance and Universal Design
• Title II Self Evaluation and Transition Plans
• Plan Review and Inspections
• Training
Planning/Environmental Compliance
• Planning & Design
• CEQA
• Permitting
Engineering and Project Management
• Technical analyses, site evaluations, studies, reports and
presentations, project tracking, PS&E, QA/QC
• Civil, Drainage and Public Improvements Plan reviews,
• constructability reviews and value engineering
• Construction bidding, construction support and responses
to RFIs, and preparation of record drawings
t; « SE PVICES 2019 BUREAU VERITAS
ORGANIZATIONAL CHART
A highly qualified team of experts has been assembled to meet a broad spectrum of the City of National City's needs.
Project Management
Isam Hasenin, P.E., C.B.O.
Princi.al in Char.e
Moe Heivand, P.E.
Pro.ect Mana. er
CIP Program
Building & Fire Life Safety
Other Services
Program and Proiect Management
Yousef Ibrahim, P.E.
Capital Needs Assessments
Steve Hooper, AIA, PE
NE Design
Andrew Chan, MIP, LEED AP BD+C
Steve Hooper, AIA, PE
Rhodore Geronaga, RA
Hong Wong, RA
Debra Fang, RA
Casey Kysoth, LEED AP
Mehdi Keshmiri, PE
Mariam Athanasius, PE
Nader Namdar, SE, PE
Ryan Guerrero, SE
Richard Henrikson, PE, LEED AP
Hussein Boudiab, PE
Engineers
Moe Heivand, P.E.
Syed Aleem, P.E.
Boniface Simbwa, P.E.
Ali Soheili, P.E.
William Teachworth, P.E.
Henry Haclidi. S.E.
Arnir Amiri, P.E.
Cristian Son, P.E.
Ted Recidoro, P.E.
Steve Hooper, P.E.
Saman Parsi, P.E.
Tom Harris, S.E.
Sunai Kim, Ph.D., S.E.
Plans Examiners
Rebecca Wisniekski
Neil Tuong, E.I.T.
Matthew Godinez, E.I.T.
22
Building Inspectors
George Lockfort
Roger Banowetz
Nancy Martinez
David Shields
Denise Zuranski
Permit technicians
Karen Flaherty
Ana Ortiz
Julene Gazallo
Phu Trieu
Fire & Life Safety
Robert Scott
Jeff Hartsuyker
Rick Perry
Tim Rice
William Betts
ADA Compliance / CASp
Sandy Miles, CASp
Dan Larsen, CASp
Steve Perkins, CASp
Rickey Mauldin, CASp
Mike Helmer. CASp
Planning/Environmental Compliance
Margaret Barreras
Gustavo Valdivia, P.E.
Nicholas Hagen, C.E.G., P.G., Q.S.D.
Donald Ashton, P.G., R.E.A., C.E.M.
Civil/Public Improvement Plan
Review
William Bixby, P.E.
Monte Bowers,P.E.
Bijan Shakiba
Lee Everett Duckworth, P.E.
Matthew Addington, P.E., P.L.S.
Steve Beswick
The city requires on -call support for its capital improvement program
(CIP) services:
• Establish the city's capital priorities
✓ City offices, warehouses, public works yard and support structures,
police and fire stations, public libraries
✓ Community centers, recreation centers, gymnasium and aquatic
center
✓ Community parks, amenities and enhancements
✓ Upgrades restrooms, lighting, walking paths, mechanical, electrical,
plumbing and energy efficiency
✓ Sidewalks, pedestrian curb ramps and building enhancements for
ADA compliance
• Design, manage and deliver project on schedule & within budget
• Licensed professionals from a broad range of disciplines
✓ Architectural, Civil Engineering, Structural Engineering,
Mechanical/Plumbing and Electrical Engineering
✓ LEED/Energy and Sustainable Design
✓ Project/Construction Management
23
CASE STUDIES- CIP
RIVERSIDE COUNTY TRANSPORTATION
COMMISSION — A/E AND PM/CM, RIVERSIDE, CA
• New facilities to operate and maintain the toll collection
system for the I-15 Express Lanes
• Includes a single walk-in center and a call center where
for customer service and a Traffic Operations Center
• Owen provided initial conceptual design, preparation of
final documents & PS&E, and layout/interior space
planning
• Permitting, bidding assistance and construction
administration, and PM/CM
24
LA COUNTY, CARSON SHERIFF'S STATION
RENOVATION & TENANT IMPROVEMENT, CARSON, CA
• The existing Carson Sheriff's Station is a 19,250 sf single -
story building with a partial basement level constructed in
1974
• Owen is conducting a field investigation of the existing
facilities, a review of record drawings, and producing a set
of Scoping Documents, performance specifications, with a
comprehensive cost estimate, bidding and evaluation
assistance, construction administration and project close-
out services.
CASE STUDIES- CIP
ORANGE COUNTY COMMUNITY RESOURCES
(OCCR) — ALISO AND WOOD CANYONS OFFICES,
ORANGE COUNTY, CA
• OCCR's project objectives are to provide offices for the
Park Ranger and Non -Profit Groups, and Meeting and
Educational Program spaces.
• Building 1 — Visitor Center / Ranger Offices
• Building 2 — Non -Profit Offices / Meeting Room
• Building 3 — Education / Training Rooms
CITY OF COMMERCE — HVAC AND CONTROLS
RENOVATION OF THE BRENDA VILLA AQUATIC
CENTER, COMMERCE, CA
• Owen developed the design for a project to provide
upgraded air conditioning at the Spectator Seating
Section of the Brenda Villa Aquatic Center
• The project is comprised of the following elements: To
replace and upsize the existing 50- ton RTU-1, which
serves the atrium, lobby, exercise rooms, offices, and
weight room. and to upgrade building automation
controls.
25
CASE STUDIES- CIP
CITY OF COMMERCE — ASSESSMENT OF CITYWIDE
PUBLIC OWNED & OPERATED BUILDINGS,
COMMERCE, CA
• Owen provided an ADA Self -Evaluation and a
Transition Plan to ensure compliance to all ADA
regulations and applicable codes
• Included 20 City -owned buildings, parks and recreation
areas, reservoirs, water wells. storage facilities, transit
centers, and tanks and permanently mounted fueling
equipment, as well as 70 centerline miles of streets,
curb ramps, traffic signals. intersections and sidewalks.
JOHN WAYNE AIRPORT — PROGRAMMING,
EVALUATION & DESIGN FOR RESTROOM FACILITIES,
SANTA ANA, CA
• Lead services is ADA compliance evaluations and
recommendations for upgrades on public side restrooms
• Documentation included written deficiencies and photos
• Design for all ADA compliance upgrades in progress
26
UNDERSTANDING THE CITY'S NEEDS - BUILDING AND FIRE &
LIFE SAFETY
The city desires on -call support for Building Department Support and Fire Inspection Services:
• Extensive experience and knowledge in building department operations and Building Official services
• Comprehensive knowledge, ability and experience with California Building and Fire Codes
✓ Expert licensed engineers, certified plan reviewers, inspectors and permit technicians
• Adoption of Best Practices allows us to seamlessly integrate our current systems and processes
✓ Close collaboration among all stakeholders
✓ Conceptual design review process
✓ Preliminary project meetings / conference calls
✓ Progress and coordination meetings
✓ Expedited, Phased & Electronic plan review available
• Strong, knowledgeable, and experienced permitting team
✓A complete and competent team that oversees the permitting process
• Thorough understanding of relevant Code and Regulation Standards
✓ Experience with design and construction of projects of every nature, varying sizes and complexities, from TI's to
paving and road work
• Continuation of on -going training
27
CASE STUDY - BUILDING & FLS
CITY OF SANTA ROSA
• Post -Fire Recovery Planning, Plan Review. Permitting and
Inspections Services
DATES OF SERVICE
• 2017 - Present
PERFORMANCE OF SERVICES
• In October 2017. the most destructive wildfire in California
history spread through the Sonoma County region and left
more than $1.2 billion of property damage.
• The City is dedicated to expeditiously facilitate the rebuilding
of destroyed homes and businesses. and chose BV to
provide recovery and rebuilding efforts that include
applicable standards, permit review and inspection services
for compliance with environmental, building, planning, and
engineering regulations.
28
100 SANTA ROSA AVE. ROOM 6
SANTA ROSA. CA 95404
MONDAV•FRIDAV 8AM-5PM
REBUILOQESRC ITV OPC
(707) 543 4649
City of
Santa
UNDERSTANDING THE CITY'S NEEDS - OTHER
MI
The city requires on -call support for ADA Compliance and Universal Design and Planning/ Environmental
professional services:
ADA Compliance and Universal Design
• Experienced certified accessibility professionals with in-depth knowledge of the different federal and state codes
and regulations
• Collaborative approach through the use of survey, interviews, public input, and document review
• Assistance, training, implementation of an updated comprehensive Transition Plan
Planning/ Environmental Compliance
• Our team is experienced in design review, subdivision review, ordinance updates, general and specific plans,
development agreements, bikeway and transit plans, CEQA and NEPA document preparation, bikeway
construction and management, budgeting, financing, grants management and more.
Over the past decade, BV has provided on -call general engineering, construction inspections and project
management services for various capital improvement projects for National City:
• Chiller Project, National City Boulevard, 7th Street Traffic Safety Enhancements, Blue Line Trolley, 8th Street
Enhancements third party review projects
29
RELEVANT EXPERIENCE
City of Corona
SERVICES PROVIDED
Plan Check, Inspection,
Permit Processing
DATES OF SERVICE
2010 — Present
City of Chula Vista
SERVICES PROVIDED
Permit Processing, Building Plan
Check, Building Inspections and Code
Enforcement Services As -Needed
DATES OF SERVICE
2015 - Present
Xlierpie
CITY OF
CHULA VISTA
30
Orange County Public Works
SERVICES PROVIDED
Building & Civil Engineering,
Plan Review and Inspection
DATES OF SERVICE
2010 — Present
City of La Mesa
SERVICES PROVIDED
Building Inspection, Plan Review, and
Planning Services
DATES OF SERVICE
2014 — Present
CPublicWorks
`e'/ CITY 0
LA MESA
RELEVANT EXPERIENCE
City of Lake Elsinore
SERVICES PROVIDED
Map Check, Improvement, and
Grading Plan Check
DATES OF SERVICE
1992 — Present
State Fire Marshal
SERVICES PROVIDED
Fire Plan Review and Inspection
Services
DATES OF SERVICE
2014 - Present
cITY OF cti.
LAKEuLSIIO YK,E
Diu AAIIklRINIF
31
Port of San Diego
w PORTof
SERVICES PROVIDED SAN DIEGO
Establishment of Development Services
and Building Permit Functions
DATES OF SERVICE
2017 — Present
San Diego State University
SERVICES PROVIDED
Full Plan Review and Preliminary Plan
Review
DATES OF SERVICE
2014 — Present
SAN DIEGO STATE
UNIVERSITY
WHY CHOOSE BUREAU VERITAS
on -CALL PROJECT SUPPORT SERVICES 12019 BUREAU VERIT
32
• One -stop shop solution for a broad range of
professional services to support CIP, Building & Fire
Departments, and other processional services
• Full range of expertise: Architects, Engineers, Plans
Examiners, Inspectors, Planners, Environmental and
Fire professionals
• Strong local San Diego team dedicated to
collaborative solutions
• Established track record, relationships and experience
working on projects of all sizes and scopes with many
jurisdictions throughout California
• VVe seek to build long term relationship with
institutional clients like National City
• Depth of resources and ability to quickly scale up to
meet additional demands
• Financial strength and backing of a global firm
• 40+ years of municipal consulting expertise
QUESTIONS
EXHIBIT "B"
CONSULTANT must satisfy the following steps when posting a "Stop Work Order":
If a complaint is received by the Building Division regarding construction without
proper building permits, the Permit Technician will verify what, if any, permits are issued
for the subject location. If permits are issued, the complainant will be notified that no
action will be taken. If the Permit Technician confirms that permits have not been
issued, the complainant will be notified that an investigation will begin regarding the
complaint.
• Immediately after determining that an investigation much begin, a referral is given
to the Building Inspector for that day. The Building Inspector will be provided with the
location of the job site is and a description of the type of work being performed.
• The Building Inspector will arrive at the job site to investigate what type of
construction is being performed if any. If the Building Inspector does not see any work
being performed at the job site, the inspector must call the Permit Technician to notify
the Permit Technician of the Building Inspector's findings. If the Building Inspector sees
work being performed that requires a building permit, then the Building Inspector must
complete a Stop Work Order (Red Tag) and post the Stop Work Order on the building.
The Stop Work Order (Red Tag) has a section called "Remarks". Under this section,
the Building Inspector must enter the following: "Per 2019 C.B.C., Section 105.1 and
N.C.M.C. Section 15.08.060 - Stop all construction work immediately. Obtain building
permits prior to any construction work." The posting of the Stop Work Order (Red Tag)
must be posted on the front of the building. Whenever possible, the Building Inspector
should post the order on a window facing the front of the building, from the inside of the
building with the written information facing the street. Depending on the size of the
construction site, more than one Stop Work Order (Red Tag) may be necessary to be
posted on the structure. The Building Inspector must use either duct tape or staples as
appropriate to post the Stop Work Order (Red Tag).
• After posting the Stop Work Order (Red Tag), the Building Inspector must
complete a Correction Notice. The Correction Notice must contain the location of the
Stop Work Order (Red Tag), the date, time, and a description of what work was found to
have been performed without building permits. In addition, the Correction Notice must
also note that certain penalties now will apply when applying for the required permit and
that anyone with questions about this process may contact the City's Building Division
at 619-336-4210.
• Photographs of the actual Stop Work Order posting must be taken from the public
right-of-way, as well as a "close up" photograph from about 2-3 feet from the location
where the Stop Work Order (Red Tag) is physically posted.
• The Building Inspector must leave their contact information (i.e. business card)
with the homeowner, or others on site, and also answer any questions the
35
contractor/homeowner may have regarding why the posting was made and what must
be done to resolve the violation.
If any Building Inspector ever has any questions regarding any Stop Work Order
(Red Tag) referral, or any questions regarding this protocol, please call Luis Sainz at
(619)-336-4214.
36
RESOLUTION NO. 2019 — 190
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
AUTHORIZING THE MAYOR TO EXECUTE A TWO YEAR AGREEMENT BETWEEN
THE CITY OF NATIONAL CITY AND BUREAU VERITAS FOR A NOT -TO -EXCEED
AMOUNT OF $800,000 TO PROVIDE ON -CALL PLAN REVIEWS, PERMIT
PROCESSING, CONSTRUCTION INSPECTIONS, CODE ENFORCEMENT SERVICES
AND RELATED SERVICES FOR VARIOUS CITY DEPARTMENTS INCLUDING BUT
NOT LIMITED TO BUILDING, FIRE AND ENGINEERING
WHEREAS, on May 1, 2019, the City issued a Request for Proposal (RFP) for On -
Call Services to provide assistance with Permit Processing, Plan Reviews, Construction
Inspections and Code Enforcement Services, and related services for various City Departments
including but not limited to Building, Fire and Engineering; and
WHEREAS, the RFQ was e-mailed to over 100 professional consulting firms and
also advertised on PlanetBids where over 400 firms were notified; and
WHEREAS, the City received Statement of Qualifications (SOQs) from various
firms by the June 10, 2019 deadline and reviewed, taking into consideration, among other things,
past performance history, knowledge of the environment, the type of services offered, and the cost
to the City; and
WHEREAS, based on an interview, qualifications, and past performance, staff
recommends executing a two-year Agreement (with the option to extend for two, one year
extensions) with Bureau Veritas for a not -to -exceed amount of $800,000 to provide On -Call
Services to provide assistance with Permit Processing, Plan Reviews, Construction Inspections
and Code Enforcement Services, and related services for various City Departments including but
not limited to Building, Fire and Engineering.
NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby authorizes
the Mayor to execute a two-year Agreement (with the option to extend for two, one year
extensions) with Bureau Veritas for a not -to -exceed amount of $800,000 to provide On -Call
Services to provide assistance with Permit Processing, Plan Reviews, Construction Inspections
and Code Enforcement Services, and related services for various City Departments including but
not limited to Building, Fire and Engineering. Said Agreement is on file in the Office of the City
Clerk.
PASSED and ADOPTED this 17th day of December
Alejandra Sotelolis, Mayor
ATTEST:
flit Michael R. 'alla, City Clerk
APPROVED AS TO FORM:
Date:
CONTRACT TRANSMITTAL FORM
(Attach to Documents dropped off to City Clerk's Office)
1/o/W
From (Dept.):
Submitted by (First Initial, Last Name):
Vendor:
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Department has copy
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