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Resolution No. 92821 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 9282 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING AND AUTHORIZING THE EXECUTION OF A SERVICES AGREEMENT BY AND BETWEEN THE CITY OF VERNON AND MELAD AND ASSOCIATES FOR SUPPLEMENTAL BUILDING DEPARTMENT PLAN CHECK AND INSPECTION SERVICES WHEREAS, the City of Vernon needs the services of a consultant to perform supplemental building department plan check and inspection services to assist City staff in ensuring compliance with s applicable plans and codes; and WHEREAS, on May 9, 2006, the Finance Committee Section of the City Council of the City of Vernon adopted Resolution No. FI-273 approving Request for Proposals for Supplemental Building Department Plan Check and Inspection Services (the "RFP"); and WHEREAS, the RFP was mailed to several consultants and responses were sent by six firms, all of which were reviewed and evaluated by the Community Services Department; and WHEREAS, the Community Services Department deemed Melad and Associates ("Melad") to be the lowest responsible qualified vendor submitting a proposal; and WHEREAS, the Director of Community Services & Water has recommended that an agreement with Melad with an effective date of May 1, 2007, be approved. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VERNON AS FOLLOWS: SECTION 1:The City Council hereby finds and determines that the recitals contained hereinabove are true and correct. a 1 SECTION 2: The City Council of the City of Vernon hereby 2 accepts the proposal of Melad and approves the Services Agreement, a 3 copy of which is attached hereto as Exhibit A and incorporated by 4 reference. 5 SECTION 3: The City Council of the City of Vernon hereby 6 authorizes the Mayor to execute said Agreement for, and on behalf of, 7 the City of Vernon and the City Clerk is hereby authorized to attest 8 thereto. 9 SECTION 4: The City Council of the City of Vernon hereby 10 directs the Acting City Clerk, or her designee, to send one fully 11 executed Agreement to: 12 Melad and Associates 13 Attn. Jose D. Melad, President/Owner 8907 Warner Avenue, Suite 161 14 Huntington Beach, CA 92647 15 SECTION 5: The Acting City Clerk of the City of Vernon 16 shall certify to the passage of this resolution, and thereupon and 17 thereafter the same shall be in full force and effect. 18 APPROVED AND ADOPTED this 2nd day of April, 2007. 19 20 21 (LEONIS C. MAL RG, Mayor 22 AT EST: 23 24 25 MAN ELA GIRON Acting City Clerk 26 27 28 - 2 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) I, MANUELA GIRON, Acting City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. 9282, was duly adopted by the City Council of the City of Vernon at a regular meeting of the City Council duly held on Monday, April 2, 2007, and thereafter was duly signed by the Mayor of the City of Vernon. VELA GIRON Acting City Cler (SEAL) - 3 - EXHIBIT AV SERVICES AGREEMENT This AGREEMENT ("Agreement") is made, entered into and executed in duplicate originals, either copy of which may be considered and used as the original hereof for all purposes, as of this 2nd day of April, 2007, in the City of Vernon, County of Los Angeles, California. BY AND BETWEEN CITY OF VERNON, a municipal corporation, hereinafter referred to as the "City" 4305 Santa Fe Avenue Vernon, California 90058 AND Melad and Associates, an independent contractor, hereinafter referred to as the "Contractor" 8907 Warner Avenue, Suite 161 Huntington Beach, California 92647 RECITALS WHEREAS, the City has determined to retain the services of an independent contractor to perform supplemental plan check and inspection services for the City of Vernon Building Department; and WHEREAS, Contractor has prepared a proposal dated May 23, 2006, for the Services, which includes Contractor's Building Plan Check Fee Schedule, a copy of which is attached hereto as Exhibit A and incorporated by this reference (the "Proposal'); and WHEREAS, Contractor represents that it is qualified and capable of furnishing the labor, materials and expertise necessary to perform the Services that the City requires, as set forth in this Agreement, and is willing to do so on the terms and conditions set forth below; and WHEREAS, the City desires to enter into an agreement with Contractor to provide plan check reviews of fire sprinkler systems for the City of Vernon Building Department on a contract basis as defined in the terms and conditions set forth below. Page 1 of 17 NOW, THEREFORE, IT IS AGREED AS FOLLOWS: SECTION 1. TERM OF CONTRACT 1.01. This Agreement will become effective on May 1, 2007, and will continue in effect until terminated as provided in this Agreement. SECTION 2. DEFINITION OF TERMS 2.01. Whenever used in the Agreement, the following terms shall mean: A. "Agreement" shall mean that formally executed Agreement or Contract which includes the Contract Documents attached. The Agreement constitutes the entire agreement between the parties relating to its subject matter. B. "City" shall mean the City of Vernon, California, the entity which has executed the Agreement and, where applicable, its affiliated companies, and its officers, directors, employees, representatives and agents. C. "Contractor" shall mean Melad and Associates and where applicable, its affiliated companies, and its officers, directors, employees, representatives and agents. D. "Contract Documents" shall include any inquiry, invitation to bid, or proposal which may have, but not necessarily, preceded execution of the Agreement, and including the General Provisions and all exhibits and schedules attached to the Agreement and all plans and specifications identified in the Contract Documents. E. "Contract Price" shall mean the compensation set forth or provided for in Section 4.01 of this Agreement. Whether it expressly provides for the reimbursement of costs incurred by Contractor or simply for the payment of a lump sum of money, it is intended to be the full and complete payment for satisfactory completion of the Work and, unless otherwise stated, to cover all costs whether for materials, equipment, tools, labor, services and taxes and all overhead, rentals and profit or fee, if any. F. "General Provisions" or "General Conditions" shall mean the General Provisions as set forth in this Agreement. G. "Premises" shall mean the physical premises under City's control or ownership where Work hereunder is to be performed. H. "Proprietary Information" and "Confidential Information" shall mean all Page 2 of 17 information, whether written or oral, which Contractor acquires from, through or on behalf of City, directly or indirectly, or which arises out of the Work, concerning the Work or proprietary processes involved in the Work including, without limitation, information concerning past, present or future business plans of City, information about the operations of City's Premises, and other City information or know-how obtained during the Work, except information falling into any of the following categories: Information which, at the time of disclosure hereunder, is in the public domain; 2. Information which, after disclosure hereunder, enters the public domain, except where such entry is the result of Contractor's, or any entity within Contractor's control, breach of this Agreement; 3. Information which, prior to disclosure hereunder, was already in Contractor's possession without limitation regarding disclosure to others; or 4. Information which, subsequent to disclosure hereunder, is obtained by Contractor from a third party who is lawfully in possession of such information and not subject to a contractual or fiduciary relationship to City with respect to said information and who does not require Contractor to agree to refrain from disclosing such information to others. I. "Subcontractor" shall mean any first or lower -tier subcontractor and its employees, representatives, agents, subcontractors or other personnel who have been approved in the manner required by this Agreement. J• "Work" or "Services" shall mean the work performed by Contractor and required to be performed from time to time by City under this Agreement. SECTION 3. SERVICES TO BE PERFORMED BY CONTRACTOR Specific Services 3.01. Contractor's Services shall include, but will not be limited to performing supplemental plan check and inspection services for the City of Vernon Building Department. Change of Services 3.02. City may at any time, by written change order executed by the City, make changes only to extend the Work duration and total compensation of Contractor's Work. Changes in Page 3 of 17 the scope of Work, or duties and obligations, shall be authorized only by the City. 3.03. City may make "Changes" by increasing, reducing or deviating from the requirements of the scope of Work. A form of Change Order is set forth in Exhibit `B" attached hereto and incorporated by reference. Timing of Services 3.04. Contractor's Services shall commence upon the execution of this Agreement by both parties and award by the City Council and shall end at such time as this Agreement is terminated according to Section 6 of this Agreement or extended according to the conditions and terms set forth in this Agreement. 3.05. Time is of the essence for all Work contemplated by this Agreement. Contractor shall start performing Services under this Agreement only after notification by the City. Method of Performing Services 3.06. Contractor will determine and is responsible for the method, details, and means of Performing the above -described Services. Status of Contractor 3.07 Contractor enters into this Agreement, and will remain throughout the term of this Agreement, as an independent contractor. Contractor agrees that it is not and will not become an employee, partner, agent, or principal of City while this Agreement is in effect. Contractor agrees it is not entitled to the rights or benefits afforded to City's employees, including disability or unemployment insurance, workers' compensation, medical insurance, sick leave, or any other employment benefit. Contractor is responsible for providing, at its own expense, disability, unemployment, and other insurance, worker's compensation, training, permits, and licenses for itself and for its employees and subcontractors. Contractor shall have complete and sole control over its employees, the details of the Services and methods by which the Services are accomplished, it being understood that City is interested only in the results to be obtained by Contractor. 3.08. Contractor has no authority to enter contracts or agreements on behalf of City. This Agreement does not create a partnership or joint venture between the parties. Payment of Taxes 3.09. Contractor is responsible for paying when due all income taxes, including estimated taxes, incurred as a result of the compensation paid by City to the Contractor for Services under this Agreement. Contractor agrees to indemnify City for any claims, costs, losses, fees, penalties, interest, or damages suffered by City resulting from Contractor's failure Page 4 of 17 to comply with this provision. 3.10. Payroll taxes including federal, state and local taxes shall not be withheld or paid by City on behalf of Contractor or for the employees of the Contractor. Contractor shall not be treated as an employee with respect to the Services performed hereunder for federal or state tax purposes. Contractor shall be responsible to pay taxes mandated by law. 3.11. Since Contractor is not an employee of City, Contractor is not eligible for and shall not participate in any employee benefit of City, including pension, health or other fringe benefits. SECTION 4. COMPENSATION 4.01. In consideration for the Services to be performed by Contractor, described in Section 3 of this Agreement, City agrees to pay Contractor the amounts specified in the Proposal (the "Contract Price'). Entire Compensation 4.02. The Contract Price is full and complete compensation, and constitutes the entire compensation due Contractor for the Services and any and all of Contractor's obligations hereunder, regardless of difficulty, unforeseen circumstances, hours worked or equipment, materials or personnel required. The Contract Price includes without limitation compensation for applicable taxes, customs duties, fees, overhead, profit, travel time to and from the Premises and all other direct and indirect costs incurred or to be incurred by Contractor hereunder. The Contract Price set forth above is not subject to escalation for any reason except as expressly set forth in this Agreement. No adjustments in compensation shall be made as a result of changes in the value of any currency. The Contract Price shall only be adjusted by formal, written Change Order or amendment to this Agreement.. Payment of Compensation 4.03. For Services rendered under Section 3 of this Agreement, Contractor shall be entitled to receive monthly payments. Contractor shall submit to City a monthly invoice and statement of Services, prepared in accordance with City requirements, by the fifteenth (I5d) of each month, for the prior calendar month's completed Work. City will make payments to Contractor within thirty (30) days after acceptance and approval of the invoice received from Contractor. 4.04. Contractor shall be responsible for paying any subcontractors used in the performance of this Agreement. Subcontractors shall not bill the City directly. Page 5of17 Expenses 4.05. City shall not be liable to Contractor for any expenses paid or incurred by Contractor. Expenses may only be billed if advance written approval has been obtained from the City. Compensation for Changes 4.06. The compensation due Contractor, or the credit due City, for changes may not be established verbally, and shall be established in a written change order signed by City as described in Sections 3.02 and 3.03 of this Agreement. Compensation adjustments in each such change order shall be established by one or more of the following bases, as determined by City: (a) a lump sum price to be negotiated between the parties; or (b) Work unit rates to be negotiated between the parties. Once established, the amount of the compensation due Contractor or credit due City for a change shall not be subject to adjustment for any reason, including changes in the value of any currency. SECTION 5. OBLIGATIONS OF THE PARTIES 5.01. Contractor is responsible for meeting all conditions of this Agreement and of the City for all Work performed. Substandard Work, as determined solely by the City, shall be redone at the expense of the Contractor. Products of Consulting 5.02. All products of consulting services including, but not limited to, manuals, documents and/or computer software, shall become the property of the City and shall be delivered to the City before the end of the performance of this Agreement. Basic notes and sketches, charts, computations and other data shall be made available to City without restriction or limitation on their use. Liability Insurance 5.03. Contractor and its subcontractor(s), if any, shall, prior to commencement of any Work and for the duration of this Agreement, obtain and maintain at its own expense, those minimum levels of insurance coverage as set forth below. Prior to commencing Work hereunder, Contractor shall provide the City with proof of insurance providing and maintaining the coverages and endorsements set forth below. Said proof of insurance shall also provide that said policy or policies shall not be canceled or materially reduced in coverage without giving at least thirty (30) days prior written notice to the City. 5.04. The insurance coverage as listed herein, shall be properly endorsed to include those contractual obligations which may be identified further within this Agreement and shall be endorsed to provide City all the rights and privileges of an additional insured. Page 6 of 17 5.05. Contractor shall cause its insurers to issue, including but not limited to, Certificates of Insurance or, upon request, certified copies of the insurance policies evidencing that the coverages and policy endorsements required under this Agreement, are maintained in force. 5.06. Contractor shall ensure its subcontractor(s), if any, maintain those insurance requirements as specified in this Agreement and are endorsed as additional insured(s) on all required Contractor insurance coverages. Contractor and its subcontractor(s), if any, shall maintain in effect the following minimum insurance coverages on an Occurrence Form Policy: A. Workers Compensation within the statutory limits, including occupational illness or disease coverage in accordance with the laws of the nation, state, territory, or province exercising jurisdiction over Contractor's employees. Workers Compensation and Employers Liability Insurance shall have a minimum limit of $1,000,000 per occurrence. Contractor further agrees to hold harmless and indemnify City for any and all claims arising out of an injury, disability, or death of any of Contractor's employees or agents. B. Comprehensive General Liability Insurance, including, but not limited to, Contractual Liability, Products and Completed Operations Liability, Broad Form Property Damage and Bodily Injury Liability, and Explosion, Collapse and Underground Liability, with a minimum combined single limit of $2,000,000 per occurrence. C. Comprehensive Automobile Insurance, including, but not limited to, all owned, non -owned or hired vehicles with a minimum combined single limit of $1,000,000 per occurrence for bodily injury and property damage. D. Professional Liability Insurance with limits of $1,000,000. Such evidence of insurance can either be through the primary insurance coverages or through an excess policy. Such insurance shall at all times be on an occurrence form and provide policy conditions as broad as those required in the primary insurance. 5.07. Contractor agrees to provide insurance in the amounts and forms specified above. Contractor shall submit to the City documentation indicating compliance with these minimum requirements no less than one (1) day prior to the beginning of performance under this Agreement. Contractor shall not commence performance of its Work under this Agreement until the above insurance has been obtained and proof of insurance has been filed with and approved by the City. 5.08. Contractor shall not permit a subcontractor or vendor to perform work on City premises unless and until a certificate of insurance is obtained showing that such subcontractor or vendor has worker's compensation coverage. If Contractor employs subcontractors as Page 7of17 part of the Services rendered, Contractor's protective coverage is required. Contractor may include all subcontractors as insureds under its own policy or shall furnish separate insurance for each subcontractor, meeting the requirements set forth above. Representations 5.09. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold harmless City and its elected officials, officers, agents and employees from all claims, suits, actions, demands, damages, liabilities, expenses, judgments, settlements, and penalties, losses, fines, and all costs and expenses incurred in connection therewith, including reasonable attorney's fees and all costs of defense, arising out of or attributable to the negligent or wrongful acts of Contractor or its employees or agents under this Agreement, except to the extent arising from or caused by the sole negligence or willful misconduct of the City, its officers, agents or employees. The terms of this indemnity shall survive the termination of this Agreement. The obligations in this Paragraph are in addition to Contractor's duty to provide insurance and shall not be limited by any limitation on the amount or type of insurance coverage carried by Contractor. 5.10. Contractor and City represent that each has read and understands the Agreement and Contract Documents. The Contractor represents it understands the City's regulations concerning Premises access, badges, parking, security, safety, fire, prohibited drugs and alcohol, and smoking and other rules, and that Contractor has visited Premises where the Work is to be done and is familiar with the local conditions under which it is to be done. Contractor also represents that it is experienced in performing and competent and qualified to perform the kind of tasks or assignments included in the Work and employs or has available for employment in sufficient numbers all unskilled, skilled, administrative, supervisory, professional and managerial or other personnel required to perform the Work as required by this Agreement. 5.11. Contractor represents that it has the qualifications and skills necessary to perform the . Services under this Agreement in a competent, professional manner, without the advice or direction of City. This means Contractor is able to fulfill the requirements of this Agreement. Failure to perform all the Services required under this Agreement constitutes a material breach of the Agreement. Contractor has complete and sole discretion for the manner in which the Work under this Agreement will be performed. 5.12. Contractor declares and states that is has complied with and will continue to comply with all federal, state and local laws regarding business permits and licenses that may be required to carry out the Services to be performed under this Agreement. 5.13. Contractor agrees to indemnify, defend, and hold City free and harmless from all claims, demands, losses, costs, expenses, obligations, liabilities, damages, recoveries and deficiencies, including interest, penalties, attorney's fees and costs, that City may incur as a result of a breach by Contractor of any representation or provision contained in this Page 8 of 17 Agreement or any negligent or intentional acts or omissions by Contractor, it subcontractors, agents, and employees or based on any claim that any software program or other product used or furnished by Contractor in the performance of this Agreement constitutes an infringement of any United States patent or copyright. 5.14. Contractor's rights under this Agreement may not be assigned nor may its duties be delegated or subcontracted without the prior written consent of City. Any assignment or delegation or subcontract in violation of this Section shall, at City's sole discretion, be void. Consent by City shall not relieve Contractor of responsibility for performance of Contractor's obligations hereunder. City may assign all or any part of this Agreement at any time effective immediately upon written notification to Contractor. 5.15. At all times while Work is being performed on the Premises each party shall be represented thereon by a designated representative. Each party may notify the other in writing of the identity of such persons from time to time. Work Injury 5.16. The treatment and care of injuries sustained by Contractor's employees, subcontractors, representatives or other personnel shall be and remain the responsibility of Contractor. City's first aid facilities, if any, however, will be made available to Contractor's employees in emergency cases which are the direct result of accidents occurring on the Premises. City shall incur no liability for, and Contractor hereby agrees to indemnify City against, any causes of action, claim, liability or costs, including attorney's fees, arising in whole or part out of the furnishing of such first aid facilities or assistance to Contractor's employees, subcontractors, representatives or other personnel, or out of the failure to furnish such facilities or assistance. Records, Inspection and Audit 5.17. During the course of Work being performed, Contractor and any of its subcontractors, shall maintain and retain, not less than three (3) years after completion thereof, complete and accurate records of the Contractor's costs which are chargeable to the City under this Agreement. City or its designated, authorized representatives, shall have the right during this three (3) year period, upon written reasonable notice, to inspect and audit those records. Such records to be maintained and retained by the Contractor shall include: (a) payroll record accounting for the total time distribution of the Contractor's employees working full or part time on the Work (to permit tracing to payroll payments in cash); (b) invoices for purchases, receiving and issuing documents, and all the other unit -inventory records for the Contractor's stores, stock or capital items; (c) paid invoices and canceled checks for material purchased and for the subcontractor's and any other third parties' charges; and (d) any other documentation City deems necessary to support costs and Page 9 of 17 charges under this Agreement. Corporate Conduct 5.18. Contractor, its employees, agents or representatives shall not offer or give to an officer, official or employee of City gifts, entertainment, payments, loans or other gratuities to influence the award of a contract or obtain favorable treatment under this Agreement or any other contract. Standard of Care 5.19. Contractor agrees that all Services provided will be conducted by the principal and competent staff members, if any, under the supervision of the principal, and that Services will. be performed and rendered diligently. Contractor represents that it has, or shall secure, at its own expense, all personnel required to perform Contractor's Services under this Agreement, but at all times shall be responsible for the Services of such personnel. Contractor may not employ any subcontractor without the prior written approval of the City. Indemnity Process 5.20. The City shall notify Contractor in writing of any suits, claims or demands covered by any indemnity contained in this Agreement. Promptly after receipt of such notice, Contractor shall assume the defense of such claim with counsel reasonably satisfactory to City. If Contractor fails, within a reasonable time after receipt of such notice, to assume the defense with counsel reasonably satisfactory to City, or if, in the reasonable judgment of City, a direct or indirect conflict of interest exists between the parties with respect to the claim, or if in the sole judgment of City the assumption and conduct of the defense by Contractor would materially and adversely affect City in any manner or prejudice its ability to conduct a successful defense, then the City shall have the right to undertake the defense, compromise and settlement of such claim for the account and at the expense of Contractor. Notwithstanding the above, if the City in its sole discretion so elects, City may also participate in the defense of such actions by employing counsel at its expense, without waiving the Contractor's obligations to indemnify or defend. Contractor shall not settle or compromise any claim or consent to the entry of any judgment without the prior written consent of the City and without an unconditional release of all liability by each claimant or plaintiff to the City. Treatment of Confidential and Proprietary Information 5.21. For ten (10) years after the effective date of this Agreement, Contractor shall refrain from using any Confidential or Proprietary Information except in connection with the Work or from disclosing it to any third party other than to employees of Contractor who require it in performance of the Work and except to such other third persons as City may authorize Page 10 of 17 in writing. If disclosure to such an employee or to other third persons is so authorized, Contractor shall enter into with said party a confidentiality agreement containing provisions with respect to use and disclosure of Proprietary Information substantially the same as those contained in this Agreement. 5.22. Contractor shall take reasonable precautions to safeguard any documents containing Proprietary Information which City may supply to Contractor hereunder. Contractor may copy, in whole or part, such documents to the extent necessary for the performance of the Work, and Contractor shall return to City upon the completion of the Work or request by City all such documents and copies. 5.23. Except as expressly permitted by prior written consent of the City, Contractor and/or its subcontractors shall not disclose, permit the disclosure of, release, disseminate, or transfer, whether orally or by any other means, any part of such Confidential Information to any other person or entity. Contractor and/or its subcontractors shall return any written Confidential Information and all copies made of such items to the City upon the City's written request, but in any event not later than the date that Contractor has performed all Work to be performed pursuant to this Agreement. Contractor hereby agrees that such Confidential Information and any documents provided may be used by Contractor and/or its subcontractors only as authorized by the City. Contractor shall include a provision in its agreements with subcontractors that bind the subcontractors to this non -disclosure requirement. 5.24. All reports, plans, data, studies, maps, drawings, models, photographs, documents and other writings prepared by and for Contractor, its officers, employees, agents and subcontractors in the course of implementing this Agreement, with the exception of working notes, internal documents and Confidential Information provided by businesses located in City, shall be considered the property of City. Contractor shall deliver such documents and materials to the City as they are generated; however, Contractor may take and retain copies of said documents and materials that are not Confidential Information, as desired. 5.25. All reports, information, data and exhibits prepared or assembled by Contractor in connection with the performance of its Services pursuant to this Agreement are confidential until released by the City to the public and Contractor agrees that such documents shall not be available to any individual or organization without the written consent of the City prior to such release. 5.26. No reports, maps, or other documents produced in whole or in part under this Agreement shall be the subject of an application for copyright by or on behalf of Contractor. Compliance with Authority 5.27. Contractor shall comply with all laws, regulations, executive orders and other applicable Page 11 of 17 requirements of any governmental agencies having jurisdiction including the Fair Labor Standards Act, the Occupational Safety and Health Act and all those relating in any way to employment practices and protection of the environment. Contractor shall not discriminate against any employee or any applicant for employment for reasons of race, color, creed, religion, sex, sexual preference, age or national origin. 5.28. Contractor shall make timely payment of all employment taxes and of all social security and other contributions of every kind required to be made with respect to or measured by the wages and salaries of persons employed by Contractor. 5.29. Contractor shall indemnify City against, and hold City harmless from, any liability or loss including liability or loss from fines or penalties arising out of Contractor's failure to perform the obligations imposed upon it by Sections 5.27 and 5.28 of the Agreement. Progress Reports 5.30. Contractor shall meet with City staff, upon City's request, or as needed, in order to provide reports or information concerning the Services being performed by Contractor under this Agreement. Contractor's License Classification 5.31. Contractor shall possess all appropriate licenses for the duration of this Agreement. SECTION 6. TERMINATION OF AGREEMENT 6.01. City, at its sole discretion, may terminate this Agreement upon thirty (30) days written notice to Contractor and such termination shall be effective in the manner specified in such notice and shall be without prejudice to any claim that either party may have against the other. During the thirty (30) day period after such notice is sent, the parties shall continue to act toward each other in good faith. 6.02. In the event of any such termination, in full and complete settlement for the termination of the Work, City shall pay Contractor for those Services performed prior to the date of delivery of the termination notice, plus compensation for (i) necessary Work performed during the notice period and authorized in the termination notice, and (ii) all costs reasonably and necessarily incurred by Contractor directly attributable to termination which could not reasonably have been avoided and for which Contractor is not otherwise compensated that are incurred through the date of termination and'effectuating the termination ("Termination Expenses"). Termination Expenses shall not include lost profits, lost opportunities, consequential damages, or the like. In no event shall total payment exceed the Contract Price. Page 12 of 17 Termination on Occurrence of Stated Events 6.03. This Agreement will terminate automatically on the occurrence of any of the following events: A. Bankruptcy or insolvency of either party; or B. Sale of the Contractor; or C. Assignment of this Agreement by Contractor without City's written consent. Termination for Default 6.04. If Contractor defaults in the performance of this Agreement or materially breaches any of its provisions, City may immediately terminate. this Agreement by giving written notification to Contractor indicating the effective date of such termination. Termination will take effect immediately upon the date specified in the notification. For the purposes of this paragraph, material breach of this Agreement includes, but is not limited to, the following: A. Contractor's failure to perform, in a manner satisfactory to the City in its sole discretion, the Services specified in Section 3 of this Agreement; or B. Contractor's material breach of any obligation or provision contained in Section 5 of this Agreement. 6.05. The waiver by either party of a breach or default by the other party shall not be deemed a waiver of any different or later breach; nor shall any delay or omission by either party to exercise any right it may have hereunder operate as a waiver of any breach or default of such a right. The failure of either party to this Agreement to exercise any of its rights under this Agreement does not constitute a breach thereof and shall not be deemed to be a waiver of such rights or a waiver of any subsequent breach. 6.06. In the event of any termination of this Agreement or reduction in the scope of the Work, Contractor shall not be entitled to damages for loss of profits for the unexecuted portion of the Work or any other damages because of such termination or reduction. Page 13 of 17 SECTION 7. GENERAL PROVISIONS Notices 7.01. All notices, approvals, consents and other communications between the parties shall be in writing, and shall be sent by fax or by certified mail (return receipt requested) to the respective addresses set forth below, or at such other address as may be furnished by either party to the other in writing. Faxed notices, confirmed by copy thereof, shall be deemed communicated as of the day the facsimile was sent. Mailed notices will be deemed communicated as of the day of receipt or the third (3ra) day after mailing, whichever occurs first. Contractor — Melad and Associates City - City of Vernon Attn: Jose D. Melad Attn: Eric T. Fresch President Acting City Administrator 8907 Warner Avenue, Suite 161 4305 Santa Fe Avenue Huntington Beach, California 92647 Vernon, California 90058 Fax: 714-848-7027 Fax: 323-826-1438 Telephone: 714-848-0487 Telephone: 323-583-8811 Entire Agreement of the Parties 7.02. This Agreement supersedes any and all agreements, either oral or written, between the parties with respect to the rendering of Services by Contractor for City and contains all of the representations, covenants, and agreements between the parties with respect to the subject matter of this Agreement and the rendering of those Services. Each party to this Agreement acknowledges that no representations, inducements, promises, or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not contained in this Agreement, and that no other agreement, statement, or promise not contained in this Agreement or a subsequent amendment or change order shall be valid or binding. No amendment or change in the provisions of this Agreement shall be made, except in a formal written amendment signed by Contractor and an authorized representative of the City, or in a written change order. Contractor expressly waives all claims for compensation based upon quantum merit, implied contract or oral contract. Each party represents and warrants that it $as read and fully familiarized itself with this Agreement, and that such party has been fully authorized to sign this Agreement. 7.03. This Agreement shall be comprised of these included provisions, together with Exhibits "A" and `B," which are attached. In the event of conflict between this Agreement and Page 14 of 17 any of the exhibits, this Agreement shall prevail. Partial Invalidity 7.04. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions will continue in full force and effect without being impaired or invalidated in any way. Law and Arbitration 7.05. All disputes arising out of or related to this Agreement, the conduct of either party in connection with this Agreement, and the relationship and rights of the parties in connection with this Agreement, whether characterized as breach of contract, tort, or otherwise (except for those requesting injunctive relief) shall be determined by binding arbitration in accordance with the terms of this Section. The submittal of all matters to arbitration in accordance with the terms of this Section is the sole and exclusive method, means and procedure to resolve any and all claims, disputes or disagreements arising under this Agreement, except for claims by either party which seek injunctive relief, which claims shall be resolved by suit filed in the Superior Court of Los Angeles County, California, the decision of which court shall be subject to appeal pursuant to applicable law. The parties hereby irrevocably waive any and all rights to the contrary and shall at all times conduct themselves in accordance with the terms of this Section, relying on arbitration as the sole means of resolution of disputes. Arbitration of all matters required to be arbitrated hereunder shall take place before a panel of three retired judges of the Superior Court of the State of California (the "Arbitrators') under the auspices of Judicial Arbitration & Mediation Services, Inca ("JAMS'). Such arbitration shall be initiated by the parties, or either of them, within ten (10) calendar days after either party sends notice of a demand to arbitrate (the "Arbitration Notice') to the other party and to JAMS. The Arbitration Notice shall contain a description of the subject matter of the arbitration, the dispute with respect thereto, the amount involved, if any, and the remedy or determination sought. Each party shall select a retired judge from the JAMS panel, and the two selected judges shall mutually agree on the third retired judge from the JAMS panel. If one of the parties does not select a retired judge from the JAMS panel within fourteen (14) calendar days after receipt of the Arbitration Notice, JAMS will select the second judge, and the judge selected by JAMS and the judge selected by the other party will select the third judge for the panel. The third judge is to be selected within ten (10) calendar days following the selection of the first two judges. The three judges will together serve as the Arbitrators. The arbitration shall be conducted in Los Angeles, California. Any party may be represented by counsel and/or other authorized representative. In rendering a decision(s), the Arbitrators shall determine the rights and obligations of the parties according to the substantive and procedural laws of the State of California and the terms of this Agreement. The decision of the Arbitrators shall be based on the evidence introduced at the hearing and accompanied by a written statement Page 15 of 17 of decision as to each of the principal controverted issues. The agreement of two of the three Arbitrators as to the resolution of the dispute shall be a conclusive resolution. The Arbitrators shall deliver the written decision to the parties within thirty (30) calendar days following the date of the selection of the last of the Arbitrators. The decision shall be conclusive and binding, and it may thereafter be confirmed as a judgment by the Superior Court of the State of California, subject only to challenge on the grounds set forth in the California Code of Civil Procedure Section 1286.2. The validity and enforceability of the decision of the Arbitrators is to be determined exclusively by the California courts. Attorney's Fees 7.06. In the event a dispute, claim or litigation arises regarding this Agreement, the prevailing party shall be entitled to reimbursement for reasonable attorneys' fees and actual costs, which may be set by the arbitrators or the court in the same action or in a separate action brought for that purpose, in addition to any other relief which is obtained. 7.07. Neither party shall be considered in default in any of its obligations under this Agreement when a failure of performance shall be due to an uncontrollable force. The term "uncontrollable force" shall mean any cause beyond the control of the party affected, including, but not restricted to, flood, earthquake, storm, fire, lightning, epidemic, war, riot, civil disturbance or disobedience, federal, state, or municipal action, statute, ordinance, or regulation, embargoes of the United States Government or any other government, which by exercise of due diligence such party could not reasonably have been expected to avoid and by exercise of due diligence has been unable to overcome. Either party rendered unable to fulfill any of its obligations under this Agreement by reason of an uncontrollable force shall give written notice within five (5) business days of such fact to the other party and shall exercise due diligence to remove such inability with all reasonable dispatch. 7.08. Except as may otherwise be specifically provided herein, this Agreement may be modified or amended only by a written document executed by both Contractor and the City and approved as to form by the City Attorney. 7.09. The captions used in this Agreement are for convenience only and shall in no way define, limit or describe the scope or intent of the Agreement or any part thereof. 7.10. City reserves the right to award similar contracts to multiple contractors to ensure the City has adequate services. Page 16 of 17 r below. IN WITNESS WHEREOF, the parties have executed the Agreement on the dates shown Executed at , California, on City: City of Vernon Leonis C. Malburg, Mayor ATTEST: Manuela Criron, Acting City Clerk Contractor: Melad W Associates. Signature: el Print Name: J LS V./s(��_�t Title: 2�S 1 ty COY 7- Date: - / 2 � o -7 Signature: Print Name: Title: Date: Page 17 of 17 APPROVED AS TO FORM: Jeff A. Harrison, City Attorney EXHIBIT A PROPOSAL PLAN CHECKING SERVICES THE CITY OF VERNON FROM MELAD AND ASSOCIATES 8907 WARNER AVE, SUITE 161 HUNTINGTON BEACH, CALIFORNIA (714) 848-0487 FAX (714) 848-7027 2 i 6 MELAO ANO ASSOCIATES r* engineering . code consultants r= May 23, 2006 Mr. Samuel Kevin Wilson rDirector of Community Services & Water : City of Vernon l : 4305 Santa Fe Avenue E-3 Vernon, CA 90058 SUBJECT: Building Department Plan Check and Inspection Services Dear Mr. Wilson: MELAD AND ASSOCIATES is pleased to submit a proposal for Plan Checking & Building Inspection Services to the City of Vernon. Our firm has been providing plan checking and building inspection services in addition to other quality municipal services for numerous cities in Southern California since 1981. .. l 00 MELAD AND ASSOCIATES prides ourselves in maintaining an experienced and dedicated staff of engineering and management professionals in the fields of Building Engineering Plan Check Services and Building & Safety Inspection and Management Support Services. Our highly motivated staff is wady to provide high level professional and cost effective consultation to the various needs of our clients. If needs change, or market conditions fluctuate, we can respond immediately to any and all service Level expectations. MELAD AND ASSOCIATES feel that this proposal addresses your outlined needs and objectives for outside consultant services. The areas of service we would be able to provide are as follows: COST EFFECTIVE QUALITY SERVICE PROFESSIONALLY REGISTERED AND CERTIFIED PERSONNEL RESPONSIVE AND FLEXIBLE SERVICE STAFFING OVERFLOW - LONG TERM & ACCELERATED PLAN CHECKING COUNTER PERMIT ASSISTANCE MELAD AND ASSOCIATES strictly performs plan checking and inspection services. We do no engineering design work to avoid any conflict of interest to our client cities. We currently are under contract with nineteen jurisdictions for plan checking and inspection services. I look forward to provide a professional and high level of plan checking services to the city of Vernon. Should there be any specific areas not addressed herein, or any areas that may need further explanation, please do not hesitate to contact me so I may accommodate accordingly. Sincerely, Aose Melad, P.E. President e907 warner ave.. suite 161 . huntington beach, ca 92647 e (71 41 846-0467 TABLE OF CONTENTS I. COMPENSATION FOR SERVICE PLAN CHECKING SERVICES BUILDING PLAN CHECK FEES TIMELY PERFORMANCE OF PLAN REVIEW BUILDING INSPECTIONS II. MELAD AND ASSOCIATES STAFF III. CLIENT / AGENCY REFERENCES IV. INSURANCE f COMPENSATION FOR SERVICES BUILDING PLAN CHECKING MELAD AND ASSOCIATES will provide qualified reviews and plan check for completeness and conformance to all City Ordinances, State and Federal Regulations pertaining to the model codes. Plan check will encompass reviewing.of Structural design calculations, fire life safety, energy conservation and disabled access, and T-24, involved in building design. BUILDING PLAN CHECK FEES Y Fees to be established and governed by the fees established by the City of Vernon and the most current adopted Codes. • Complete Plan Review is to be seventy-five percent (75%) of the fee established by the City or at an hourly rate of $75.00. • Repetitive checks shall be seventy-five percent (75%) of the models and 15% for repetitive plans. • Accelerated or Fast tracking will be charged when only requested by the City at regular fee plus fifty percent (50%) of plan check fee. ( Consultant allows one initial check and two subsequent recheck submittals under above mentioned fees. Any plans going beyond two rechecks may be charged additional hourly rates. F In lieu of complete building plan checking, requests may be approved for separate model code checks and fees may be charged accordingly: l ELECTRICAL / Title 24 - 25% of Building plan check fee or $75 per hour. MECHANICAL / Title 24 25 % of Building plan check fee or $75 per hour. (u PLUMBING - 15% of Building plan check fee or $75 per hour. GRADING PLAN REVIEW - To review grading and other related civil engineering work. This work is not included on the complete plan check scope of work. Fees to be established by the y City or $90.00 per hour with minimum fe e ee of $360.00. f , TIMELY PERFORMANCE OF BUILDING PLAN REVIEW TYPE OF PLANS TENANT IMPROVEMENT RESIDENTIAL ADDITION/ACCESSORY SINGLE FAMILY DWELLING/DUPLEX THREE OF MORE UNITS COMPLEXES COMMERCIAL / INDUSTRIAL MAJOR TENANT IMPROVEMENT (Over $500,000 Valuation) INITIAL CHECK RECHECK 7 DAYS 5 DAYS 5 DAYS 5 DAYS 10 DAYS 7 DAYS 14 DAYS 10 DAYS 14 DAYS 10 DAYS 10 DAYS 7 DAYS RATES FOR CONTRACT STAFFING BUILDING INSPECTOR MELAD AND ASSOCIATES will provide certified building inspectors to inspect construction within the City of Vernon . All inspectors will be qualified to inspect construction based on approved plans and Uniform Building Code, Uniform Mechanical Code, Uniform Plumbing Code, National Electrical Code, Disabled Access and Energy Code. Written communication of correction notices, Stop work notices and all Final Inspections will be provided to representative agencies involved in the development process of projects inspected by said consultant while under contract to the City of Vernon, reporting directly to the Building Official or designated department head. COMBINATION BUILDING INSPECTOR $ 60.00 PER HOUR* *Charges are based on a minimum four hours upon each request of services. Mileage is $0.50 per mile if the City does not provide transportation for the performance of this duty. MELAD AND ASSOCIATES STAFF & CONSULTANTS S MELAD AND ASSOCIATES ASSOCIATE CONSULTANTS GINSUN KU, M.S., S.E. Over twenty years experience in plan checking for cities of San Diego, Huntington Beach, and Inglewood. Registered Civil and Structural Engineer. Also, Certified Plans Examiner and f ' Building Official. , 1. PHANH PHONGSAK, P.E.,M.E. Over twenty years mechanical/HVAC and plumbing design and plan checking experience. i_ Registered Mechanical Engineer. WILLIAM TRAM P.E., E.E. Consulting electrical engineer with over twenty years experience in electrical engineering design, construction and plan checking. Registered Electrical Engineer. NADER SHAMS, P.E., E.E. - Chief Electrical Plan Check Division L.A. County u ty Registered Electrical Engineer r- t WARNER YOUNIS, M.S., P.E., C.E. Over thirty years experience in civil engineering, design and plan checking. worked for Cities of Fountain Valley, San Clemente and Seattle. Also, formerly Vice President of Somas Engineering and Hall and Foreman Engineering. Owner of Pacific Western Engineering. Registered Civil Engineer. z i WARD KINSMAN Fire Protection Analyst Certified State Fire Marshall Instructor Experience, Fire Code Checker for City of Brea, City, of T Huntington Beach, Factory Mutual and Orange County Fire Authority.. b RON MINCER. Disabled Access Consultant LYNN CAPOUYA, L.A. State Licensed Landscape Architect and Landscape Consultant with over twenty years experience. MELAD AND ASSOCIATES IN-HOUSE PLAN CHECKERS JOSE ABARQUEZ, III P E , CE Over fifteen years experience in plan checking and building design. Registered Professional Engineer (Civil), Certified Energy Plans Examiner by California Building Codes Institute and T ICBO Certified Plans Examiner. CASIMIR0 HERNANDEZ, M.S., S.E. Over thirty-five years experience in structural design, analysis, and plan checking. Registered Civil and Structural Engineer. AVANT SHETH, MSCE, P.E„ CE • Over twenty-five years experience in structural and civil engineering design work. Also, structural plan checker for more than fifteen years. Registered Professional Engineer (Civil). FRANK MANLAPEG P.E. C.E. Over thirty years experience in plan checking and building design. Registered Professional Engineer (Civil). Retired Building Official from Westminster. - RICARDO LAZARO. BSCE Over 20 years as Plan Checker for the City of Tustin. ICBO Certified Plans Examiner and Combination Building Inspector. Retired Building Plan Checker from City of Tustin. JOSE MIRAN. MS. PE + Ov er-30 years experience in plan checking, inspection and building official. Former Building Official of the City of Placentia and Retired Plan Check Engineer from the City of Fullerton. RAYMUNDO GO, ME, PE -f Over 20 years experience in mechanical and plumbing designs. JOHN TIONGCO, BSCE, EIT Over 10 years experience in building design. f MELAD AND ASSOCIATES BUILDING INSPECTORS Y Chuck Goetz ICBO Certified Building Inspector with over twenty years experience in public works and general building inspections, administration, and construction. Retired Building Inspector for the City of Seal Beach and presently working part time for Melad and Associates assigned to various cities. ' Don Leuer ICBO Certified Inspector (Building, Plumbing & Structural Masonry) with over twenty years s experience in construction and building inspections. Retired Building Inspector Supervisor for ' the City of South Gate. Ricardo Lazaro - ICBO Certified Buildingand Combination Building uildmg Inspector with over 20 years experience working for the Building Department of the City of Tustin, Los Angeles and Pasadena. - Craie Palmer ICBO Certified Building Inspector with over 10 years experience as a Building Inspector for the City of Lancaster, Pico Rivera, Fountain Valley and Manhattan Beach. Chuck Feenstra ICBO Certified Building Inspector with over twenty years experience in general building b inspections, administration, and construction. Retired Sr. Building Inspector for the City of Seal Beach, 1 Paul Pitts Certified Building Inspector with over 20 years experience in building inspections, administration, and construction. Retired Building Official for the City of La Palma. Evan Nuckles Certified Building Inspector with over 1 year experience in building inspections. �n Mark Clute tr Certified Building Inspector with over 20 years experience in building inspections and construction. fi RESUMES { t- MR. JOSE D. MELAD PRESIDENT MELAD AND ASSOCIATES EDUCATION: Structural Engineering Major, M.S.C.E. Program Bachelor of Science in Civil Engineering Republic of the Philippines i_ CERTIFICATIONS: Registered Professional Civil Engineer f State of California, P.E., Lic. # C.E. 28095 Certified Plans Examiner, I.C.B.O. Certified Building Inspector, I.C.B.O. 1 Certified Combination Inspector, I.C.B.O. AFFILIATIONS: National Society of Professional Engineers International Conference of Building Officials American Construction Inspectors Association r International association of Electrical Inspectors California Building Officials World Organization of Building Officials Structural Engineers of Southern California International Association of Plumbing and Mechanical Officials National Fire Protection Association The Masonry Society WORK EXPERIENCE: 1 s. 1 ,v 1981 -PRESENT Melad And Associates President Providing Building Administration services to jurisdictions. Service include Structural engineering plan review, code plan checking, Fire Code review, code consultation and providing general building inspection services on contract basis. 1982 - 1987 City of Pico Rivera, Building Official Part-time consulting Building Official in charge of all aspects of the building division. Supervise inspectors and staff. Provide plan review service on a contract bases. 1977 - 1981 Citv of Fountain Valley, Director of Building & Safety In charge of the entire building department activities. Supervised building personnel and consulted to public works department. Oversee plan review services and maintenance of city buildings. f • e PAGE TWO MR. JOSE MELAD 1977 City of Gardena, Plan Check Engineer Provide plan checking and code review for r projects submitted to the city. Worked with _ planning division and other city agencies. 1974 - 1977 City of Pico Rivera Plan Checker/Assistant Bldg. Official Y Plan Check all types of building construction plans and other structures for compliance with all city adopted codes and ordinances, State and Federal laws as related to building and safety regulations. f ; 1973 - 1974 City of Stanton, Building Inspector 1 (One-man Division) - In charge of all department activities, such as plan checking of buildings, electrical, plumbing, and mechanical plans including zoning for building code c _ compliance. General inspection on all types of construction. Represent the City of Stanton in all meetings and seminars pertaining to the Building Department activities. 1970 - 1973 City of Compton Senior Building Inspector In charge of the Department of Building and Safety in the absence m of the Chief Building Official and performed plan checking and general inspection. 1966 - 1 970 Manila, Philippines, Assistant Civil Engineer r In charge of public works projects and transferred to building e construction and inspection division as a building engineer inspector assigned to structural inspections of high-rise buildings. le >r b r RESUME JOSE M. ABARQUEZ III EDUCATION: University of the Philippines, Quezon City, Philippines B.S. Civil Engineering CERTIFICATES: Registered Civil Engineer, State of California, #51994 Certified Energy Plans Examiner, RES-94-1020 Certified Plans Examiner, ICBO AFFILIATIONS: American Society of Civil Engineers ICBO Certified Member WORK EXPERIENCE: 1988 - PRESENT 1984 - 1988 1983 - 1984 1981 - 1983 I [" Melad and Associates, Senior Plan Check Engineer Plan Check all types of building construction plans and other structures for compliance with all city adopted codes and ordinances, State and Federal laws as related to building and safety regulations. Wilson, Andros, Roberts & Noll, Design Engineer Responsible for preparing structural calculations and drafting of plans as well as investigation of existing structures. Projects involved major structural systems. Also, refined company software on structural design. DCCD Engineering Corporation, Design Engineer Evaluated the structural condition of the existing buildings and prepared schematic plans and budgetary estimates for model exchanges. Petrophil Corporation, Project Engineer Design and development of civil work projects related to bulk oil plant operations. Tasks include the preparation of feasibility studies, plans, bid documents and cost estimates, field inspection, processing of contractor's bills and preparation of progress reports RESUME CASIMIRO HERNANDEZ F ' EDUCATION: University of Southern California, Los Angeles, California Master of Science in Civil Engineering, 1966 University of the Philippines, Philippines Bachelor of Science in Civil Engineering, 1959 N AFFILIATIONS: Structural Engineers of Southern California ICBO Certified Member American Concrete Institute CERTIFICATES:. Registered Structural Engineer, State of California, #1740 Registered Civil Engineer, State of California, #18580 Registered General Building Contractor, #324783 WORK EXPERIENCE: 1996 - PRESENT Melad and Associates, Senior Structural Engineer Plan Check all types of building construction plans and other structures for compliance with all city adopted codes and ordinances, State and Federal laws as related to building and safety regulations. 1995 - 1996 L. Liston & Associates. Inc., Principal Structural Engineer Principal Structural Engineer in the independent structural analysis and design of residential and commercial building. Design responsibility include framing design, detailing and supervision of draftsmen in the preparation of structural drawings. 1977 - 1995 Casimiro Hernandez Engineer -Contractor Consulting Structural Engineer/Building Contractor Works include structural design and/or construction of various types of buildings in the greater Los Angeles area. 1974 - 1977 Raluh M. Parsons Company, Principal Structural Engineer Principal Structural Engineer involved in the design and checking of design of power plant and coal handling facilities. 1968 - 1974 John A. Martin & Associates, Structural Engineer Responsible for independent project structural design of commercial buildings, hospitals, schools, etc. 7 F b CLIENT / AGENCY REFERENCES MELAD AND ASSOCIATES CURRENT CLIENT CITES CITY SCOPE OF SERVICE CONTACT City of Azusa Plan Checking / Inspections Roy Bruckner City of Chino Plan Checking/Inspections Matt Winters City of Compton Plan Checking Patrick Steward City of Costa Mesa Plan Checking Burt Morgan City of Cypress Plan Checking/Inspections Bob Decker City of Downey Plan Checking/Administration Linda Haines City of Gardena Plan Checking / Inspections Ed Jafari City of La Palma Plan Checking / Inspections Paul Pitts City of Long Beach Plan Checking Mark Sutton City of Lynwood Plan Checking / Administration Grant Taylor City of Manhattan Beach Plan Checking / Inspections Carol Jacobson City of Moreno Valley Plan Checking Gary Kyle City of Pico Rivera Plan Checking / Administration Dave Hertzing City of Redondo Beach Plan Checking Steve Huang City of Signal Hill Plan Checking/Inspections Donn Showers City of South Gate Plan Checking / Administration William Campana City of Westminster Plan Checking / Inspections Soroosh Rahbari City of Yorba Linda Plan Checking/Inspections Ahmed Tabbaa City of Villa Park Plan Checking/Inspections Bill Tarin INSURANCE APR-13-06 03:41PM FROd1-Rubin Insurance — w&ol%I Irnoosf G Vr I-M%DIL.I I T Iiy0LJMr4,.: T-094 P.16/20 F-712 j3P lo .id ••-�w��RMI YGY Ali AaRATTMGF^���� +A✓!7 as TAst3raAr-e A q Tao, W�0.Y ANQ COW"i No aKiM upon THR Cp�IFIG►TE 16:363 f�reQAW�ah Ar, 1�7.20 #iCt QED. Tl C� T�i pOE.6 N0T11AA6np.E mum= P064S355 Ssla Da.egc q► 92� 27 At.76R TNR QRpBp BY TNR PM,IC7ES 80t.oW. Bhoae _ 858-457-3720 Fac: 830-457-5728 -------_ -- INSURMS AFFMING covEME NNC tr �a It lax o d 22357 88����� ll�soci'� m►B4RER d U. $ - 1L'y iAsr Co insluRERc I�uatiag�oA CAA268I - . _ Trek RG IC OF WNSuf" CR �.IOMMItn F mutt R�n)S8u@u TO TnR 4"URED KAMED ADOVE FOR THE POLICY PERpp od)"7m NOTwIT WAM)NC AIrY �. TERM OR CDNDITIOn OF ANY C OR 0I 0 DOCUN T WITH REgPECT TO WnMM Th18 CERT)PIGTR MAY AE IYs)IeR DR MAY PERTNN. 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PISEas --FA EWj.OYg f I Q t+Ett E L 0166ASE - POLICY ww $ A Svs�.Iaess Per, Prop 723Z3A4 8240 06/01/05 06/01/06 Aso $500 444,700 $ 1��e�aSi.oAa1 t.�.ab, o3061072902 aesgypTI0ROF4P�t+►T>dNR� 04 13 06 04/1.3/07 DED20 000 $1.0001000 PRmr o8 Twsvp wcjt ' �` AAXB iNoc SOit �Y rTw vat or pamum PROOF" snotm.D ANY OF The Aoovf DeSCe) m POLMS OR CARCEµEp 96FOO T118 09FIRATIO DATE ThOt", ThF =u wt9 wsuRER v&L FMWAvOR 70 30 s pArs WRfTTEw nOTMTO W CERT"ATS "WW RAW TO T"s LI r, BVTFALUM TO Do 30 S„UI . PRIDE:' or msuaa= IMPOSR NO MAAT10N oR wA{ u7V OF ANY sums uP4NTm vauW n AGENTS oa 0 • 'w ' . '. y -00 t . COPY 4k, ISSUE DATE 07-0f'- 00%. v � � „ Sig. < pp , L a This is to certify that we. hue ist: a y� �k�ors' C.o ` Cahf'ornia Insurmoe Cornssiarrpr •the:9tr� o..� a I'%-- .iq'.a approveit by Me pyaeP�haibsd'' bairsrr-°l�n per iet!# indlcl _ This policy is rant subject to carrcel}atl by fho Nnd oxcopt upon -. vrm- 'btice'to to employer. We will also •V e you ,days' o. notice swould this pot cy be ca* (OfW ';%ior to tks ►��ra�el'.;e �r�tioin. This cerki.€ ate Y dpes ► ►# "'_.. .. by the . } '` . is &xtm .,gr r 'tfae .o ' a#orded with rep�licaes s 5p cto-,.tq ch �t policies �. A . Y F�qui ' t�.rrt4 _ rbei herein i§ svect to' v'. .0 ad` meet ea.• f 6r. D ei:Awo 'IrII/� r I' AUT-HORIZEDr REp ES l l#TI q ..... w -PR9SImlY r- LYR, S-;LIABILf1.:fi.: 5T¢N[ARp E7ffLU$3IE.I R . $I:r1EF S 'EMP'#s �• • ! lE .t ..... E.. ; r-T EsfilBLE." AV FORMS A PART � tKS �-Idy. .t � i -4�'oTACHEIV AND 1.7 1t .. : A -. x:.vx.v..,,n.^�b� •._ pf .. _. n: :S v:.w v.. r • EMPLOYER Jvi^ . �• , c WARNER 907 H11iNTi y. = .. R. X . `:x.:..' x EV.3-03}-«a ram:•..• i�.005 P EXHIBIT B Exhibit "B" CITY OF VERNON COMMUNITY SERVICES & WATER DEPARTMENT AGREEMENT CHANGE ORDER NO. SUPPLEMENT NO. SHEET OF SHEETS PROJECT: P.O. NO. TO: CONSULTANT REQUESTED BY: SUPPORTING DOCUMENTS � 6 4305 Santa Fe Avenue, Vernon,• 90058 Telephone (323) 5:: April 4, 2007 Melad and Associates ATTN: Mr. Jose D. Melad, President/Owner 8907 Warner Avenue, Suite 161 Huntington Beach, CA 92647 Re: Services Agreement for Supplemental Plan Check and Inspection Dear Mr. Melad: The insurance requirements have been met. Transmitted herewith is a fully executed agreement as referenced above, approved by City Council on April 2, 2007, through Resolution No. 9282. If you have any questions regarding this matter, please call Mr. Kevin Wilson at 323/583-8811 ext. 245. QVP-ry truly yours, Nelly Gi on' Acting City Clerk NG:dr c: S. Kevin Wilson Dolores Jaunzemis Resolution No. 9282 Agreement No. 07-034 0V VAP ' APPROVED APR 0 2 'ill CITY COUNCIL aLVFLY tNOJ COMMUNITY SERVICES & WATER DEPARTMENT OFFICE MEMORANDUM A-6 TO: Eric Fresch, Acting City Administrator FROM: Samuel Kevin Wilso D�tor of Community Services & Water DATE: March 20, 2007 SUBJECT: SERVICES AGREEMENT WITH MELAD AND ASSOCIATES FOR SUPPLEMENTAL PLAN CHECK AND INSPECTION SERVICES �ES jut On May 9, 2006 the Finance Committee approved the issuance of Request for Proposals for the Retention of a Consultant to Provide Supplemental Building Department Plan Check and Inspection Services under Resolution No. FI-273. As you are aware the City's Building Department has lost staff in the past few years and recently its Mechanical and Plumbing Inspector resigned. Since that time the Department has reorganized to fill the vacant Mechanical and Plumbing Inspector position, however, it became apparent that during the time that the Department was seeking to fill the position it left a void in our ability to process permits in a timely manner especially in a specialized field. In addition, during times of economic growth the amount of construction taking place in the City can sometimes overwhelm City staff s ability to process building permits in a satisfactory manner. For these reasons the Department is seeking to retain a consultant to perform supplemental plan check and inspection services. The firm retained would be in addition to the firms currently providing structural and fire system plan check services. The Request for Proposals was mailed to several consultants and six firms responded. City staff reviewed the proposals and based on its evaluation recommended that Melad and Associates of Huntington Beach be offered a Services Agreement. This firm's capabilities appear to mesh well with the type of industrial construction that takes place within the City. The City Attorney's office prepared a Services Agreement and Melad and Associates has executed the agreement. Melad and Associates has provided acceptable insurance coverage and the Acting Risk Manager has approved the documents. It is my recommendation that the Services Agreement between Melad and Associates and the City be placed on the April 2, 2007 City Council agenda for approval with an effective date of May 1, 2007. SKW/ca Enclosure c: Jeff Harrison Nelly Giron Judy Lehr 13 RISK MANAGEMENT OFFICE Ns 03 V. r ' ' , r DATE: March 19, 2007 TO: Nelly Giron Deputy City Clerk FROM: Willard G. Yamaguchi Chief Deputy City Attorney/Acting Risk Managerl _P 01019� RE: Melad & Associates Please be advised that the above referenced has provided acceptable insurance coverage. Attached for your retention are original insurance certificates and related policies, declarations and/or endorsements for the above -referenced insured that were issued by: • The Hartford (General Liability and Automobile Liability) • U.S. Specialty Ins Co (Professional Liability) This concerns a services agreement for plan check services for the Building Department. WY/kr cc: Samuel Kevin Wilson w/attachements ACORD CERTIFICATE OF LIABILITY INSURANCE 3 MELADLAD-1 DATE(MMroD/YYYY) 03 14 07 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Rubin insurance Agency Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 6363 Greenwich Dr, #120 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. CA#0645355 San Diego CA 92122 Phone: $58-457-5720 Fax : 858-457-572 9 INSURERS AFFORDING COVERAGE NAIC 0 ° - 22357 INSURER A. The Hartford INSURER B- U.S. specialty Ins CO Melad & AssOCiate 8907 Warner Ave 1161 Huntington CA 92 64 6 INSURER C: INSURER°: _ - INSURER E: t vvr_rOities THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE rOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY W ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SLWECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAMS. ... . ...... .._.... _ LTR Pew TYPE OF INSURANCE POLICY NUMBER DAB IA ATE LIMITS GENERAL LIABILITY EACH OCCURRENCE s 1000000 X A X COMMERCIAL GENERAL LIABILITY CLIUMS MADE ® OCCUR 72SBAM8240 06/01/06 06/01/07 PRFJIAI�( 2mff rE r+Ga) MER LXP WW am parson) $ 300000 410000 X Nonowned & Hired PERSONAL & ADV INJURY $ 1000000 GENERAL AGGREGATE $zooaoao - GENLAGGREGATE LIMIT APPLICSPER PRODUCTS - COMP/OP AGG .$2000000 POLICY PRO. LOC JCCT A AUTOMOBILE UABRITY ANY AUTO 72SBAGE8240 06/01/06 06/01/07 COMBINED Ea-6dant) SINGLE LIMIT s1,000,000 ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY •' (Par Pe—) S X HIRED AUTOS X NON -OWNED AUTOS BODILY INJURY (PW acaoonU S PROPERTY DAMAGE (PW acciow4) $ GARAGE LIABILITY AUTO ONLY • EA ACCIDENT S ANY AUTO OTHER THAN EA ACC AUTO ONLY: ACC $ _ S EXCESS/UMBRELLA UA91LITY OCCUR n CLAIMS MADE EACH OCCURRENCE AGGREGATE $ DEDUCTME s s RETENTION $ WORKERS COMPENSATION AND EMPLOYERS UABILITY ANY PROP`RIETORR+ARTNEWEXECUTIVE TORT LMRS IER $L. .. E.EACH ACCIDENT ... E.L. DISEASE - EA EMPLOYE _ OFFICERIMIEMBER EXCLUDED? Wdetl� betnder SPEIAL PROVISIONS Wow s S E.L. DISEASE • POUCY Lf M rr OTHER B PROFESSIONAL US061072902 04/13/06 04/13/07 LET 1000000 LIABILITY I I I I RETENTION 20000 DESCRIPTION OF OPERATIONS / LOCATIONS ! VEHICLES / EXCLUSIONS ADDEO BY WWRSEMENT I SPECIAL PROVISIONS THE CITY OF VERNON IS NAMED AS AN ADDITIONAL INSURED PER FOW BEING ISSUED BY THE COMPANY. 10 DAYS NOTICE OF CANCELLATION FOR NON-PAYMENT OF PREMIUM CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3 0 * DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO UO 30 WALL CITY OF VERNON RISK MANAGEMENT IMPOSE NO OBLIGATION OR LIABRITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR 4305 SANTA FE AVENUE REPRESENTATWES. REPR E VERNON CA 900se ACORD 25 (2001/08) ® ACORD CORPORATION 1988 Z00'd Erv:9i ).nn7.-vT-avw bJ/14/2UUt 14:59 7148487027 MELAD AND ASSOC PAGE 02 POLICYHOLDER COPY S'"TATF= P.O. BOX 420807, SAN FRANCISCO,CA 9414270807 COpAPSNSATION INSUFtANCC FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 03-14-2007 GROUP: POLICY NUMBER: 070965-2008 CERTIFICATE ID: 40 CERTIFICATE 0 TEEXPIRES' 1-2000B/07-01-2007 CITY OF VERNON RISK MANAGEMENT 4300 S SANTA FE AVE VERNON CA 90059-1714 m This is to certify that we have issued a valid Workers, Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not Subject to cancellation by the Fund except upon30 days advance written notice to the employer. We will also give you 30 days advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend ar alter the coverage afforded with the to hihth herein. certificateNotwithstanding n any may be iuirement ssued or to or condition wh ch t zV pertain,contract the othernsurance document afforded by the policy described herein is subject to all the terms. exclusions, and conditions, of such policy. �THIIIZEDREPRESENTATt PRESIDENT UNLESS INDICATED OTHERWISE BY ENDORSEMENT, COVERAGE UNDER THIS POLICY EXCLUDES THE FOLLOWING: THOSE NAMED IN THE POLICY DECLARATIONS AS AN INDIVIDUAL EMPLOYER OR A HUSBAND AND WIFE EMPLOYER; CALIFORNIA WORKERS' COMP�SA�NSBENEFIVE ITS; EMPLOYEES EXCLUDED UNILM DER LCALIFORNIA WORKERICY ALSO S' COMPENSATION LAW. EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000.000 PER OCCURRENCE. ENDORSEMENT AANDIFORMS AENTITLED PARTT OFrTHHIISLPOLICY. NAMEEMPLOYER ADDITIONALEFFECTIVE INSURE13: IS CITY OF VERNON ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 07-01-1989 IS ---ATTACHED TO AND FORMS A PART OF THIS POLICY, EMPLOYER MELAD, EMERLITA D. AND MELAD, JOSE D. OBA: MELAD AND ASSOCIATES C/O SUITE 181 8907 WARNER AVE STE 161 HUNTINGTON BCACH CA 92847 [JT8,CN PRINTED : 03-14-2 7 MEV.2'09) SG THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. POLICY CHANGE This endorsement changes the policy effective on the Inception Date of the policy unless another date is indicated below, N Policy,,Number. 72 SBAGE82.40 DX COPY rn W r+ Named insured and Mailing Address: CrOSE MELAD DBA: MELAD ASSOCIATES rn 8907 WARIMR AVE #161 o HUNTINGTON BEACH CA 92646 a N OPolicy Change Effective Date: 03/15/07 Effective hour is the same as stated in the N Declarations Page of the Policy. r o Policy Change Number. 006 o o Agent Name- RUBIN INSURANCE AGENCY INC./PHS Code: 161534 POLICY CHANGES: HARTFORD CASUALTY INSURANCE COMPANY ANY CHANGES IN YdtM PREMIUM WILL BE REFLECTED IN YOUR NEXT BILLING STATEMENT. THIS IS NOT A BILL. z NO PREMIUM DUE AS OF POLICY CHANGE EFFECTIVE DATE FORM NUMBERS OF ENDORSEMENTS REVISED AT ENDORSEMENT ISSUE: IR12001185 ADDITIONAL INSURED - STATE/POLITICAL SUBDIVISION J° s PRO RATA FACTOR: 0,214 THIS ENDORSEMENT DOES NOT CHANCE THE POLICY EXCEPT AS SHOWN. Form SS 12 1104 05 T Page 001 Process Date: 03/15/07 Policy Effective Date: 03/15/07 Policy Expiration Date: 06/01/07 UW COPY 1900'd TO:60 L00Z-9T-HVl4 50o'd Iviat POLICY NUMBER: 72 SBA GE8240 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - STATE/POLITICAL SUBDIVISION CITY OF DOWNEY 11111 BROOKSHIRE AVE DOWNEY CA 90241 CITY OF LONG BEACH 333 W. OCEAN BLVD LONG BEACH CA 90802 CITY OF CLAREMONT PO BOX 880 CLAREMONT CA 91711-0880 CITY OF VERNON ATTN RISK MANAGEMENT 4305 S. SANTA FE AVE. VERNON, CA 90058 Form IH 12 00 1185 T SEG. NO. 006 Printed in U.S.A. Page 001 Process Date: 03/15/07 Expira"on Date: 06/01/07 UW COPY 900'd T0:60 L00z-9T-dvW N rn N to 0 0 0 -W N m a4 0 N n O O 0 0 40 This Spectrum Policy wnsists of the Declarations, Coverage Forms, Common Policy Conditions and any G2 other Forms and Endorsements issued to be a part of the Policy. This insurance is provided by the insurance GE company of The Hartford Insurance Group shown below, SBA INSURER: HARTFORD CASUALTY INSURANCE COMPANY HARTFORD PLAZA, HARTFORD, CT 06115 COMPANY CODE: 3 Policy Number 72 SBA GES240 DX rTHF SPECTRUM POLICY DECLARATIONS COPY HARTFORD Named Insured and Mailing Address: JOSE MRLhD DBA. MELAD ASSOCIATES (No., Street, Town, State, Zip Code) 8907 WARNER AVE #161 HUNTINGTON REACH. CA 92646 Policy Period: From 06/01/06 To 06/01/07 1 YEAR 12:01 a.m., Standard time at your mailing address shown above. Exception: 12 noon in Maine, Michigan, New Hampshire, North Carolina. Name ofAgent(Broker: RTJBXN INSURANCE AGENCY INC. /PETS Code: 161534 Previous Policy Number. 72 SBA GE8240 Named Insured is: INDIVIDUAL Audit Period, NON-AUDITABLE Type of Property Coverage: SPECIAL Insurance Provided: In return for the payment of the premium and subject to all of the terms of this policy, we agree with you to provide Insurance as stated in this policy. TOTAL ANNUAL PREMIUM IS: $1, Egg Countersigned by 03/22/06 Authorized Representative Date Form SS 00 021193 T Printed in U.S.A. (NS) Process Date: 03/22/06 Page 001 (CONTINUED ON NEXT PAGE) Policy Expiration Date: 06/01/07 600°d UW COPY tit:ST LOOZ-VT-HVIA1 U.S. SPECIALTY INSURANCE COMPANY Houston, TX ARCHITECTS AND ENGINEERS PROFESSIONAL LIABILITY INSURANCE POLICY DECLARATIONS X. POLICYHOLDER: Mclad and Associates 2. Mailing Address: 8907 Warner Ave., Ste. 161 Huntington l3cach, CA 92647 3. POLICYHOLDER IS: X Individual Partnership Policy No. US 06 10729 02 Program Manager's Name & Address: RA&MCO Insurance Services 2300 Clayton Road, Suite 1100 Concord, CA 94520 Inquiries/A;ssistance: 925-685-1600 Corporation Joint Venture 4. POLICY PERIOD: Effective Date: 4/13/2006 (12:01 a.m. Standard Time at the above Mailing Address) : S. Prior Acts Retroactive Date: 4/13/1988 4/13/2007 6. OUR Limit of Liability is: $1,000,000 for each CLAIM made and reported to US or for the total of all CLAIMS made against this policy for this NOTICE: DAMAGES AND CLAIM EXPENSES ARE WITHIN OUR LIMIT OF LIABIO ITY LICY PERIOD. This means that payments by US of DAMAGES and CLAIM EXPENSES upon exhaustion. of YOUR Deductible will reduce OUR Limit of Liability available by the amount of such payment. 7. YOUR Deductible is: $20,000 for each CLAIM made and reported to US. S. YOUR Policy Premium is a Flat Premium of: $23,967.00 NOTICE: THIS IS A CLAIMS MADE AND REPORTED POLICY This means that YOU are covered, subject to all of the provisions of this policy, for those'CLAIMS of which YOU had no knowledge prior to the Effective Date of this policy and of which WE receive first notice during the POLICY PERIOD or any applicable EXTENDED REPORTING PERIOD. -PLEASE READ THE POLICY CAREFULLY AND DISCUSS T141S COVERAGE WITH YOUR INSURANCE AGENT OR BROKER FORM(S) AND ENDORSEMENT(S) MADE A PART OF THIS POLICY AT TIME OF ISSUE: See Forms and Endorsements Schedule RA&MCO 3242 10104, attached. Countersigned at: Concord, CA Datc: 9/8/2006 13y: lames . Bechter MCO Insurance Services -Authorized Representative NO FLAT CANCELLATIONS MINIMUM PREMIUM APPLIES RA&MCO 3241 10/04 900'd tv:91 z00Z-VT-dVW 0 0 rr N ul PRODUCER'S FACT SHEET NAMED INSURED: JOSE MELAD DBA: MELAD ASSOCIATES POL #: 72 SBA GE8240 DX PRODUCER'S NAME: PRODUCER'S CODE: 16IS34 RUBIN INSURANCE AGENCY INC./PHS POL EFF DATE: 06/01/06 POL EXP DATE: 06/01/07 DIRECT ACCOUNT BILL NUMBER - 41737950A TRANSACTION TYPE: RENEWAL TOTAL ANNUAL PREMIUM: $1,688.00 COMMISSION BREAKDOWN ANNUAL PREMIUM COMMISSION PERCENTAGE SPECTRUM TOTAL FORM SS 00 01 04 93 SS 00 02 11 93 SS 00 05 04 OS SS 00 07 07 05 SS 00 08 04 05 SS 84 01 07 05 SS Ol 21 08 97 SS 04 08 07 05 SS 04 19 07 OS SS 04 30 07 O5 SS 04 38 06 of SS 04 39 07 05 SS 04 41 07 OS SS 04 42 07 05 SS 04 44 07 OS SS 04 45 07 OS SS 04 46 07 05 SS 04 47 07 OS SS 04 80 03 00 SS 04 86 03 OO SS 40 18 07 OS SS 40 93 07 05 IH 10 01 09 86 SS O5 06 04 05 SS OS 47 09 01 SS 50 04 06 04 Ix 12 00 11 85 IH 12 00 11 85 IH 12 00 11 85 IH 12 00 11 85 PC-374-0 $1,688.00 14.0 $1,688.00 AGENT SALES TITLE POLICY FRONT COVER DECLARATIONS COMMON POLICY CONDITIONS SPECIAL PROPERTY COVERAGE FORM BUSINESS LIABILITY COVERAGE FORM STRETCH SUMMARY CALIFORNIA CHANGES - CANCELLATION AND NONRENEWA,L STRETCH BUSINESS INCOME EXTENSION FOR OFF -PREMISES UTILITY SERVICES TRANSIT COVERAGE- PROPERTY IN THE CARE OF CARRIERS FOR HIRE FARED AUTO AND NON -OWNED AUTO ACCOUNTS RECEIVABLE COMPUTERS AND MEDIA EMPLOYEE DISHONESTY COVERAGE OUTDOOR SIGNS PERSONAL PROPERTY OF OTHERS TEMPERATURE CHANGE VALUABLE PAPERS AND RECORDS CRIME COMMON CONDITIONS AND EXCLUSIONS FORGERY COVERAGE OFF -PREMISES UTILITY SERVICES - DIRECT DAMAGE LIMITED FUNGI, BACTERIA OR VIRUS COVERAGE PERILS SPECIFICALLY EXCEPTED EXCLUSION - ENGINEERS, ARCHITECTS' OR SURVEYORS PROFESSIONAL LIABILITY EXCLUSION - NUCLEAR ENERGY LIABILITY EXCLUSION - SILICA ADDITIONAL INSURED - PERSON ORGANIZATION ADDITIONAL INSURED. LANDLORD ADDITIONAL INSURED - STATE/POLITICAL SUHDIVIS WAIVER OF SUBROGATION IMPORTANT NOTICE TO POLICYHOLDERS PRODUCER'S FACT SHEET PAGE 1 03/22/06 72 SBA GE8240 DX (06/01/07) %00'd %v:9T LOOZ-VT-avw PRODUCER' S FACT SHEET (CONTINUED) SS 83 74 10 02 100722REVS SX 80 01 06 97 SX 21 82 04 OS SX 80 02 04 05 SX 80 04 04 05 SX 02 42 06 97 SX 21 04 06 97 SX 21 05 06 97 SX 21 13 04 05 SX 21 39 06 04 SX 21 61 06 97 SX 21 77 06 97 SX 24 OI 04 01 G-3187-0 G-3305-0 SS 38 19 04 05 SS 83 98 07 05 POL #: 72 SBA GE8240 DX IMPORTANT NOTICE TO POLICY HOLDERS LIMITED FUNGI, BACTERIA AND VIRUS COVERAGE CIVIL AUTHORITY DIRECT BILL INFORMATION UMBRELLA LIABILITY SUPPLEMENTAL CONTRACT - POLICY DECLARATIONS PAGE ABSOLUTE LEAD EXCLUSION UMBRELLA LIABILITY POLICY PROVISIONS EXTENSION SCHEDULE OF UNDERLYING INSURANCE POLICIES AMENDMENT OF CONDITIONS• - CALIFORNIA • EXCLUSION - CARE, CUSTODY OR CONTROL OF PERSONAL PROPERTY EXCLUSION CARE, CUSTODY OR CONTROL OF REAL PROPERTY EXCLUSION - ENGINEERS, ARCHITECTS OR SURVEYORS PROFESSIONAL LIABILITY EXCLUSION - SILICA EMPLOYEE RETIREMENT INCOME -SECURITY -ACT (ERISA) EXCLUSION - EMPLOYEE INJURY FOLLOWING FORM ENDORSEMENT - AUTOMOBILE LIABILITY IMPORTANT NOTICE TO OUR POLICYHOLDERS IMPORTANT NOTICE TO POLICYHOLDERS - TERRORISM RISK INSURANCE ACT OF 2002 IMPORTANT NOTICE TO POLICYHOLDERS - BUSINESS LIABILITY FORM CHANGES IMPORTANT NOTICE TO POLiCyROLDERS - PROPERTY CHANGES PRODUCER'S FACT SKEET PAGE 2 03/22/06 72 SBA GE8240 DX (06/01/07) 900'd vfi:9T L003-tt-2ivW Bests Rating Center - Company Information for Hartford Insurance Company of Illinois Page I of 2 Rating Center Rating Methodology Industry Research Ratings Definitions ► Search Best's Ratings Press Releases Related Products ► 1 Industry 8 Regional Country Risk How to Get Rated Contact an Analyst View Ratings: Financials Issuer_Credit Securities Advanced Search. Hartford Insurance Company of Illinois Other Web Cente (a member of Hartford. Insurance_ Group) Assigned to companies that A.M.Best M 02611 NAIC #: 38288 FEIN #: 061010609 have, in our opinion, a superior ability to t Phone: 860-547-5000 obligations topol'icyholders oing Address: Hartford Plaza Hartford, CT 06115 Fax: 860-547-6343 Web: www.thehartford com Besirs Ratings Financial Strength Ratings View Definitions Issuer Credit Ratings View_Definitio Rating: A+ (Superior) Long -Term: aa- Affiliation Code: p (Pooled) Outlook: Stable Financial Size Category.: XV ($2 billion or more) Action: Affirmed Outlook: Stable Date: June 28, 2006 Action: Affirmed Effective Date: June 28, 2006 * Denotes Under Review Best's_Ratings Reports and News Visit our NewsRoom for the latest news and_press releases for this company and its A.M. Best Grour Best's Comnany- Report -includes Best's Financial Strength Rating and rationale along wit 7 analytical commentary, detailed business overview and key financial data. _ !, Report Revision Date: 07/24/2006 (represents the latest significant change). Historical Reports are available in Best'_s_Compan Report Archive. Best's Executive Summary Reports (Financial Overview) -available in three versions, thr style reports feature balance sheet, income statement, key financial performance tests inclu( liquidity and reserve analysis. Data Status: 2007 Best's Statement Fite - P/C, US. Contains data compiled as of 3/7/2007 (. • Single Company - five years of financial data specifically on this company. • Comparison - side -by -side financial analysis of this company with a peer group of up to companies you select. • Composite - evaluate this company's financials against a peer group composite. Report average and total composite of your selected peer group. Note: Adobe Reader is required to view the reports listed above. This software is available ft Systems -Inc. An Excel export option is also available once the report has been opened usinc Best's_Key_Rating Guide Presentation_Report - includes Besfs Financial Strength Rating as provided in Best's Key Rating Guide products. Data Status: 2005 Financial Data (Quality Cross Checked). Financial and Analytical Products Best's _P_ roperty/Casualty Center - Premium Data &_Reports Bests Key R__at_ing Guide P_/C,_US _& Canada Best's Statement File _-_P/C,_US Best's Statement File - Global Bests_ Insurance Reports P/C US &_Canada http://www3.ambest.com/ratings/FullProfile.asp?B1=0&AMBNum=2611 &A1tSrc=1 &Alt... 3/14/2007 1 CITY OF VERNON COMMUNT" SERVICES & WATER DEPARTMENT AGREEMENT CHANGE ORDER NO. 2 SUPPLEMENT NO. SHEET OF SHEETS PROJECT. SUPPLEMENTAL PLAN CHECK AND iNSPECTION SERVICES P.U. NO. TO: MELAD AND ASSOCIATES CONSULTANT REQUESTED BY: CITY You are hereby directed to make the herein described changes from the original scope of work of this agreement, Except as specifically modified herein, all terms and conditions of the original agreement remain in full force and effect, and apply to the additional wnrk es if said wnrlr wac nrioinally in1-111rinrl rn the nern�rn en4 Change Order No. 2 will serve as an extension to the existing Services Agreement between the City ofVernon and Melad and Associates for supplemental plan check and inspection services. Services extended for a period of one year effective May 1., 2009 through April 30, 2010 with no change to compensation for services per attached letter dated June 3, 2009. Resolution No. 9282 A . eernent Amount Base Bid $ 0 Amount of This Change Order $ Amount of Previous Change Orders $ Total Chan a Orders $ ..Modified Agreement Amount $ 0 By reason of this change order the ume of cnrulctiou will be a usted m follows: Approved: Date: 7 _ 7e>-9 i)irceto unity Services & Water Date: .Attest: Lgefe� a Giron, City Clerk We, tho undersigned Consultant, have given careful consideration to the change Proposed and hereby agme, if this proposal is approved, that we will provide all labor, equipment and materials, including overhead, exceptas may otherwise be noted above, and perform all services necessary •for the work above speei6ed, and will accept as full payment Iherefom the prices shown above. Accepted Date: Consultant: �`I PA t4 i cUr4 By: Title: XX L_n c: rrogect r-rmrumstutanw-urcnasing Rev. U6108 JUL 1 '09 CITY COUNCIL nECEIVED TY C,... [�ESTFIIBUTI N OFFICE �`�"� � yin CLERK s STAFF REPORT J COMMUNITY SERVICES & WATER DEPART DATE: June 16, 2009 TO: Honorable Mayor and City Council FROM: Samuel Kevin Wilson, Director of Community Services & Water RE: CHANGE ORDER NO. 2 TO THE SERVICES AGREEMENT WITH MELAD & ASSOCIATES Melad & Associates (Melad) was retained by the City to perform supplemental plan check and inspection services in2007. The original Services Agreement was approved by City Council and made effective May 1, 2007. The City has not employed Melad's services however, in the event of economic growth the City may need their services. Please note no monies are paid to Melad unless we employ their services. Melad & Associates has agreed to extend the Services Agreement for supplement plan check and inspection services for one year with no increase in cost. It is recommended that City Council approve the issuance of Change Order No. 2 to the Services Agreement between Melad & Associates and the City extending the agreement for one year with an effective date of May 1, 2009. SKW/ca Enclosure CITY OF VERNON COMMUNITY SERVICES & WATER DEPARTMENT AGREEMENT CHANGE ORDER NO. 2 SUPPLEMENT NO. SHEET OF SHEETS PROJECT: SUPPLEMENTAL PLAN CHECK AND INSPECTION SERVICES P.O. NO. TO: MELAD AND ASSOCIATES CONSULTANT REQUESTED BY: CITY You are hereby directed to make the herein described changes from the original scope of work of this agreement. Except as specifically modified herein, all terms and conditions of the original agreement remain in full force and effect, and apply to the additional work as if said work was oriuinnlly inch,rlPrl in tl,P norPPmPnt Change Order No. 2 will serve as an extension to the existing Services Agreement between the City of Vernon and Melad and Associates for supplemental plan check and inspection services. Services extended for a period of one year effective May 1, 2009 through April 30, 2010 with no change to compensation for services per attached letter dated June 3, 2009. Resolution No. 9282 Agreement Amount (Base Bid) .......... $ 0 Amount of This Change Order ... ...... ... ... .... ... .... $ Amount of Previous Change Orders ........ ..... ..... . ... $ Total Change Orders .. ..... ..... ..... ............ .. .... . $ Modified Agreement Amount ... . ... a ......... .... ... ..... $ 0 By reason of this change order the time of completion will be adjusted as follows: Approved: Date: Director of Community Services & Water Attest: Date: Manuela Giron, City Clerk We, the undersigned Consultant, have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all labor; equipment and materials, including overhead, exceptas may otherwise be noted above, and perform all services necessary for the work above specified, and will accept as full payment therefore the prices shown above. Accepted Date: Consultant: By: Title: U. rrujcu rirciuvusuiranururcnasmg Rev. 06/08 Of Vg� s s'E[Y NOV COMMUNITY SERVICES & WATER DEPARTMENT OFFICE MEMORANDUM A-6 TO: Donal O'Callaghan, City Administrator FROM: Samuel Kevin Wilson, Director of Community Services & Water DATE: June 16, 2009 SUBJECT: CHANGE ORDER NO.2 TO THE SERVICES AGREEMENT WITH MELAD AND ASSOCIATES Melad & Associates (Melad) was retained by the City to perform supplemental plan check and inspection services in 2007. The original Services Agreement was approved by City Council and made effective May 1, 2007. The City has not employed Melad's services however, in the event of economic growth the City may need their services. Please note no monies are paid to Melad unless we employ their services. Melad & Associates has agreed to extend the Services Agreement for supplement plan check and inspection services for one year with no increase in cost. Attached is a Staff Report recommending that City Council approve the issuance of Change Order No. 2 to the Services Agreement between Melad & Associates and the City extending the agreement for one year with an effective date of May 1, 2009. SKW/ca Enclosures F%-ECF,1V " JUN 1 7 20C a BY: 2 MELAO ANO ASSOCIATES engineering . code consultants RECEIVED June 3, 2009 JUN - 8 '2009 Mr. SaraLiel Kevin Wilson Community Services Director of Community Services & Water City of Vernon 4305 Santa Fe Avenue Vernon, C.A.. 90058 Subject, Building Department Plan Check Fees Dear Mr. Wilson: This letter is to inform you that the fees proposed on our previous proposal remains the same. Please see attached Compensation for Services. I look forward to provide a professional and high level of plan checking services to the City of Vernon. Should there be any specific areas not addressed or may need further explanation, please do not hesitate to contact me so I may accommodate accordingly. �;_acerely, - isc, 1). Me .tid, P.E. President Melad and Associates B907 warner ave., suite 1 B 1 e huntington beach, ca 92B47 . (71 4) B48-04B7 TIMELY PERFORMANCE OF BUILDING PLAN -REVIEW TYPE OF PLANS INITIAL CHECK RECHECK TENANT IMPROVEMENT 7 DAYS 5 DAYS RESIDENTIAL ADDITION/ACCESSORY ' 5 DAYS 5 'DAYS SINGLE FAMILY DWELLING/DUPLEX 10 DAYS 7 DAYS THREE OF MORE UNITS COMPLEXES 14 DAYS Ip DAYS COMMERCIAL / INDUSTRIAL 14 DAYS ' 10 DAYS. MAJOR TENANT IMPROVEMENT 10 DAYS 7 DAYS (Over $500,000 Valuation) RATES FOR CONTRACT STAFFING BUILDING INSPECTOR MELAD AND ASSOCIATES will provide certified building inspectors to inspect construction within the City of Vernon. All inspectors will. be qualified to inspect construction based on approved plans and Uniform Building Code, Uniform Mechanical Code, Uniform Plumbing Code, National Electrical Code, Disabled Access and Energy Code. Written `communication of correction notices, Stop work notices and all Final Inspections will be provided to representative agencies involved in the development process of projects inspected by said consultant while under contract to the City of 'Vernon, reporting directly to the Building Official or designated department head. CONIB"f viVIIN) I WURLDENG 'INSPECTOR $ 6.0.00. PER HOUR* *Charges are based on a minimum four hours upon each request of services. Mileage is $0.50 per mile if the City does not provide transportation for the performance of this duty. COMPENSATION FO' SER VIC + S BUILDING PLAN CHECKING IM Eli ,AID AND ASSOCIATES will. provide qualified reviews and plan check for completeness and conforrlanee to all: City Jrdil ances, State and Federal Regulations pertaining to the model codes. Ilan check will. encompass reviewing of StrLictural :design calculations, fire life safety, ; r orgy conservation. and disabled access, aiid'l -24 involved in buildi:riF design. Bt,"JELDING PLANT. CHECK FEE S Fees to be. established and governed by the fees established by the City of Vernon and the most current adopted Codes. Complete flan Review is to be sevei ty-tive percent (75%) of the flee established by the City or at an hourly rate of $75.00. Repetitive checks shall be severity -five percent (75;'Mi) of'the modelks and 15% for rep:°titive pla.rts. a Accelerated or. Fist tracking will be charged when. only requested by the City at regular fee plu;> fifty percent {50%) o%plan check fee. r rrsultant allows one initial check and two subsequent recheck submittals under above mentioned, frees. Any plaits going be yonel twe rechecksmaybe charged additional hourly rates. In heirs of cc;r;�ple to building plan checking, requests may be approved for. separate model code c hec.its and Tc,es may be charged accordingly: 1.t-ECJR CAL / T idle 24 - 25% of Building plan check fie or $75 per hour. MECHANICAL / `1~itle 24 25% of Building plan check fee or $75 per hour, PLUMBING - 15% of Building plan clieck`fee or`$75' per lour. QR_ QINI (LP AN l�.E��IL -. To review grading acid ocher. related civil engineering work. This work. is aot i lcluded on the corrrplaW ptan' cheek scope o€ work.. Fee3 to be 'established by the City or $.90.00 per hour with mi:niniurn fen of $360.00, CITY OF VERNON COMMUNITY SERVICES & WATER DEPARTMENT AGREEMENT CHANGE ORDER NO. 1 SUPPLEMENT NO. SHEET OF SHEETS PROJECT: SUPPLEMENTAL. PLAN CHECK AND INSPECTION SERVICES P.O. NO. TO: MELAD AND ASSOCIATES CONSULTANT REQUESTED BY: CITY You are hereby directed to make the herein described changes from the original scope of work of this agreement. Except as specifically modified herein, all terms and conditions of the original agreement remain in full force and effect, and apply to the additional work as if Cairl wnrk wac nrioinnlly inch rin l ; , tl— —reo— Change Order No. 1 will serve as an extension to the existing Consulting Services Agreement between the City of Vernon and Melad and Associates for supplemental plan check and inspection services. Services extended for a period of one year effective May 1, 2008 through April 30, 2008 with no change to compensation for services per attached letter dated July 18, 2008. Agreement Amount (Base Bid) $ 0 Amount of This Change Order $ Amount of Previous Change Orders $ Total Change Orders $ ... Modified Agreement Amount ........................................ $ 0 By reason of this change order the time of completion will be adjusted as follows: Approved: Date: ��� �•-d Direct `of ore ity Services & Water Attest: Date: Ma ela iron, City Clerk We, the undersigned Consultant, have given careful ccnsideration to the change proposed and hereby agree, ifthis proposal is approved, that we will provide all labor, equipment and materials, including overhead, exceptas may otherwise be noted above, and perform all services necessary for the work above specified, and will accept as full payment therefore the prices shown above. �y 2-o y1o' 1 Accepted Date: Consultant: By: �✓l.L�/,� — Title: - .... , ... �...b Rev. 06/08 2 RECEIVED MELAD AND ASSOCIATES JUL 2 2 ZOOS en ineerin . code consultants �nmm�►Illy_ CfVICCS July 18, 2008 Mr. Samuel Kevin Wilson Director of Community Services & Water City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 Subject: Building Department Plan Check Fees Dear Mr. Wilson: This letter is to inform you that the fees proposed on our previous proposal remains the same. Please see attached Compensation for Services. I look forward to provide a professional and high level of plan checking services to the City of Vernon. Should there be any specific areas not addressed or may need further explanation, please do not hesitate to contact me so I may accommodate accordingly. S'>>cerely, Jose D. Melad, P.E."a President Melad and Associates B907 warner ave., suite 161 • huntington beach, ce 92647 . (71 4) B4B-04B7 COMPENSATION FOR SERVICES BUILDING PLAN CHECKING ME, LAD AND ASSOCIATES will provide qualified reviews and plan check for completeness and conformance to all City Ordinances, State and Federal Regulations pertaining to the model codes. Plan check will encompass reviewing of Structural design calculations, fire life safety, energy conve v. ioxi fu14 diaabled.access, and T-24, involved inbuilding design. BUILDING PLAN CHECK FEES Fees to be established and governed by the fees established by the City of Vernon and the most current adopted Codes. e CoMpl.ete Plan Review is to be seventy-five percent (75%) of the fee established by the City or at an 1-u)urly rate of $75.00. R:elietitive c.I).ecks shall be seventy-five percent (75%) o.f.'the models and 15% for repetitive plans. Accelerated or least tracking will be charged when onlyrequested by the City at regular fee plus fifty percent (50%) of plan check fee. Consultant allows one initial check and two subsequent recheck submittals under above mentioned fees. Any plans going beyond two rechecks may be charged additional hourly rates. In Iieu of;cornplet.e, building plan checking, 'requests may be approved for separate model code checks and:fees may be. charged accordingly: ELECTRICAL / Title 24 - 25% of Building plan check fee or $75 per hour. M>CHANICAL / Title 24 - 25% of Building plan check fee or $75 per hour. PLUMBING - 15% of. Building plan check fee or $75 per hour. GRADING PLAN REVIEW - To review grading and other related civil engineering work. This work is not included. on the complete plan check scope of work. Fees to be established by the City or $90.00 per hour with minimum fee of $360 00. TLNIELY :PERFORMANCE OF BUILDING PLAN REVIEW. TYPE OF PLANS TENANT IMPROVEMENT RESIDENTIAL ADDITION/ACCESSORY SINGLE FAMILY DWELLING/DUPLEX THREE OF MORE UNITS COMPLEXES COMMERCIAL / INDUSTRIAL MAJOR TENANT IMPROVEMENT (Over $500,000 Valuation) INITIAL CHECK RECHECK 7 DAYS 5 DAYS 5 DAYS 5 DAYS 10 DAYS 7 DAYS 14 DAYS 10 DAYS 14 DAYS 10 DAYS 10 DAYS 7 DAYS RATES FOR CONTRACT STAFFING BUILDING INSPECTOR A/IELAD AND. �SLtiOCI,sATES will provide certified building inspectors to inspect.construction within di,e- City of Vernon . All'inspectors will be qualified to inspect construction .based on approved plansand Uniform Building Code, Uniform Mechanical Code, Uniform Plumbing Code., National Electrical Code, Disabled Access and Energy Code. Written communication of correction notices, Stop work notices and all Final Inspections will be provided to representative agencies involved in the development process of projects inspected by said consultant while under contract to- the City of Vernon, reporting directly to the: Building, Official or designated department head. C:OMB1igA'T`l.ON`!-3UILDING IN'SPECTO - ` $ 60.00 PER IIOUR* *Charges are based on a minimum four hours upon each request of services. Mileage is $0.50 per mile if the City does not provide transportation for the performance of this duty.