Resolution No. 2012-182RESOLUTION NO. 2012-182
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON ACCEPTING THE BID OF MELVYN GREEN AND
ASSOCIATES, INC., AND APPROVING AND AUTHORIZING THE
EXECUTION OF A SERVICES AGREEMENT BY AND BETWEEN
THE CITY OF VERNON AND MELVYN GREEN AND ASSOCIATES,
INC., FOR STRUCTURAL PLAN CHECK SERVICES
WHEREAS, on May 1, 2012, the City Council of the City of
Vernon adopted Resolution No. 2012-54 authorizing the issuance of a
request for proposals for structural plan check services for the
Building and Safety Division of the Community Services and Water
Department (the "Services"); and
WHEREAS, a selection committee reviewed ten proposals in
response to said request for proposals; and
WHEREAS, by a memorandum dated August 29, 2012, the Director
of Community Services & Water has recommended that the City accept the
bid of Melvyn Green and Associates, Inc. ("Melvyn") and enter into a
services agreement with Melvyn setting forth the terms and conditions
under which Melvyn will perform the Work (the "Agreement").
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF VERNON AS FOLLOWS:
SECTION 1: The City Council of the City of Vernon hereby
finds and determines that the recitals contained hereinabove are true
and correct.
SECTION 2: The City Council of the City of Vernon hereby
approves the Agreement with Melvyn Green and Associates, Inc., a copy
of which is attached hereto and incorporated by reference as
Exhibit A.
SECTION 3: The City Council of the City of Vernon hereby
authorizes the Mayor or Mayor Pro-Tem to execute said Agreement, for
and on behalf of, the City of Vernon and the Acting City Clerk, or
Deputy City Clerk, is hereby authorized to attest thereto.
SECTION 4: The City Council of the City of Vernon hereby
instructs the City Administrator, or his designee, to take whatever
actions are deemed necessary or desirable for the purpose of
implementing and carrying out the purposes of this Resolution and the
transactions herein approved or authorized, including but not limited
to, any nonsubstantive changes to the Agreement attached herein.
SECTION 5: The City Council of the City of Vernon hereby
directs the Acting City Clerk, or the Acting City Clerk's designee, to
send a fully executed Agreement to:
Melvyn Green and Associates, Inc.
Attention: Melvyn Green, Structural Engineer
21311 Hawthorne Blvd., Suite 230
Torrance, CA 90503
SECTION 6: The Acting City Clerk of the City of Vernon
shall certify to the passage, approval and adoption of this
resolution, and the Acting City Clerk of the City of Vernon shall
cause this resolution and the Acting City Clerk's certification to be
entered in the File of Resolutions of the Council of this City.
APPROVED AND ADOPTED this 18th day of September, 2012.
jv 'I UK
ed, Acting City Clerk
Name: William J. Davis
Title: -Ma / Mayor Pro-Tem
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STATE OF CALIFORNIA }
) ss
COUNTY OF LOS ANGELES )
I, Dana Reed, Acting City Clerk of the City of Vernon, do hereby
certify that the foregoing Resolution, being Resolution No. 2012-182,
was duly passed, approved and adopted by the City Council of the City
of Vernon at a regular meeting of the City Council duly held on
Tuesday, September 18, 2012, and thereafter was duly signed by the
Mayor or Mayor Pro-Tem of the City of Vernon.
Executed this day of September, 2012, at Vernon, California.
W
D a Reed, Acting City Clerk
(SEAL)
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EXHIBIT A
ECEVE-D
SERVICES AGREEMENT BETWEEN THE CITY OF VERNON AND MELVYN GREF_F_ Q 20t�
AND ASSOCIATES, INC. FOR STRUCTURAL PLAN CHECK SERVICES VL
Contractor:
Responsible Principal of Contractor:
Notice Information - Contractor:
Notice Information - City:
Commencement Date:
Termination Date:
Consideration:
Records Retention Period
COVER PAGE
Community Services
Melvyn Green and Associates, Inc.
Melvyn Green, Structural Engineer
Melvyn Green and Associates. Inc.
21311 Hawthorne Blvd., Suite 230
Torrance, CA 90503
Attention: Melvyn Green, Structural Engineer
Phone: (310) 792-9252
Facsimile: (310) 792-8092
City of Vernon
4305 Santa Fe Avenue
Vernon, CA 90058
Attention: Kevin Wilson, Director of
Community Services & Water
Telephone: (323) 583-8811 ext. 245
Facsimile: (323) 826-1435
October 1, 2012
October 1, 2015
Total not to exceed $75,000.00 annually
(includes all applicable sales tax); and more
particularly described in Exhibit B
Three (3) years
SERVICES AGREEMENT BETWEEN THE CITY OF VERNON AND MELVYN GREEN
AND ASSOCIATES, INC. FOR STRUCTURAL PLAN CHECK SERVICES
THIS AGREEMENT is made and entered into as of October 1. 2012 ("Effective Date"), by and
between the City of Vernon, a California charter City and California municipal corporation
("City"), and Melvyn Green and Associates, Inc., a California corporation ("Contractor"). City
and Contractor are collectively referred to herein as the 'Parties."
RECITALS
A. City desires to have! certain structural plan check services provided as more fully
set forth in the Scope of Services, attached hereto and incorporated herein as Exhibit A.
B. Contractor represents it is qualified and capable of furnishing the labor, materials,
and expertise necessary to perform such services in accordance with the terms and conditions
set forth in this Agreement.
NOW, THEREFORE, the Parties agree as follows:
Section 1. Term and Time of Performance.
(a) This Agreement shall commence upon the Commencement Date listed
on the Cover Page, and shall remain and continue in effect through the Termination Date listed
on the Cover Page, unless sooner terminated pursuant to the provisions of this Agreement.
Section 2. Performance.
(a) Contractor shall perform the services and tasks described and set forth in
the Scope of Services, Exhibit A ("Services"). Additional services must be mutually agreed
upon in writing signed by both Parties prior to performance of those additional services.
(b) Contractor shall at all times faithfully, competently and to the best of its
ability, experience, and talent, perform all Services under this Agreement in accordance with the
standard of care and skill ordinarily exercised by members of the profession currently practicing
in the same locality as the City under similar circumstances and in a manner reasonably
satisfactory to City. Contractor shall at all times comply with the highest ethical standards when
performing Services for the City.
(c) Contractor shall keep itself informed of all local, state, and federal
ordinances, laws and regulations which in any manner affect those employed by it or in any way
affect the performance of its Services pursuant to this Agreement. Contractor shall at all times
observe and comply with all such ordinances, laws and regulations. City, and its officers,
officials, employees, agents or volunteers shall not be liable at law or in equity occasioned by
failure of Contractor to comply with this section.
(d) Contractor will not be compensated for any work performed not specified
in Exhibit A unless City authorizes such work in advance and in writing.
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Section 3. Compensation.
(a) City agrees to compensate Contractor, and Contractor agrees to accept
in full satisfaction for the services and any supplies or goods required by this Agreement, a sum
not to exceed the Consideration sett forth on the Cover Page and more particularly described in
Exhibit B. The Consideration shall constitute reimbursement of Contractor's fee for the Services
as well as for all actual and necessary expenditures reasonably incurred in the performance of
this Agreement (including without limitation, all labor, materials, equipment, supplies, delivery,
tax, assembly, and installation, as applicable).
(b) There shall be no claims for additional compensation for reimbursable
expenses and Contractor shall not be reimbursed for any additional expenses.
(c) Change in the scope of services, duties, obligations, durations or total
compensation, shall be by written authorization only by the City. A form of Change Order is set
forth in Exhibit C attached hereto and incorporated by reference.
Section 4. Method of Payment. City shall pay Contractor the Consideration in
accordance with the Cost Schedule set forth in Exhibit B.
Section 5. Responsible Principals.
(a) Contractor's Responsible Principal set forth on the Cover Page shall be
principally responsible for Contractor's obligations under this Agreement and shall serve as
principal liaison between City and Contractor. Designation of another Responsible Principal by
Contractor shall not be made without prior written consent of City.
(b) City's Responsible Principal shall be the City Administrator or his
designee who shall administer the terms of the Agreement on behalf of City.
Section 6. Personnel.
(a) All persons performing Services shall have all the necessary technical
expertise, permits, professional licenses, certificates, training, and other qualifications required
by this Agreement or other applicable laws. Contractor shall provide City with said permits,
licenses, and certificates at the request of City.
(b) Contractor represents that it has, or shall secure at its own expense, all
personnel required to perform Contractor's Services under this Agreement. All personnel
engaged in the work shall be qualified to perform such Services.
Section 7. Permits and Licenses. Contractor shall obtain and maintain during the
Agreement term all necessary licenses, permits and certificates required by law for the provision
of services under this Agreement, including a business license. Except as provided herein
below, Contractor shall obtain and pay for all permits and licenses required by federal, state or
local law, rule or regulation. Costs for obtaining City licenses and permits required under this
Agreement shall be waived.
Section 8. Access. Contractor shall comply with all reasonable access and other
restrictions that City may impose. No access to City property for performance of the Services
shall be permitted prior to delivery to City of proof of insurance paid and maintained by
Contractor.
Section 9. Contractor's Duties and Representations.
Contractor represents, covenants and agrees as follows:
(a) There are no obligations, commitments, or impediments of any kind that
will limit or prevent performance of the Services.
(b) Contractor presently has no interest and shall not have any interest, direct
or indirect, which would conflict in any manner with the performance of the Services
contemplated by this Agreement. No person having any such interest shall be employed by or
be associated with Contractor.
(c) There is no litigation pending against Contractor and Contractor is not the
subject of any criminal investigation or proceeding, and neither Contractor nor its personnel, to
its actual knowledge, have been convicted of a felony.
Section 10. Independent Contractor.
(a) Contractor is and shall at all times remain, as to City, a wholly
independent contractor. The personnel performing the Services under this Agreement on behalf
of Contractor shall at all times be under Contractor's exclusive direction and control. Neither
City nor any of its officers, officials, employees, agents, or volunteers shall have control over the
conduct of Contractor or any of Contractor's officers, employees, or agents except as set forth in
this Agreement. Contractor shall not at any time or in any manner represent that it or any of its
officers, employees, or agents are in any manner officers, officials, employees, agents, or
volunteers of City. Contractor shall not incur or have the power to incur any debt, obligation or
liability whatsoever against City, or bind City in any manner.
(b) No employee benefits shall be available to Contractor or its officers,
employees, or agents in connection with the performance of this Agreement. Except for
Consideration paid to Contractor as provided in the Agreement, City shall not pay salaries,
wages, or other compensation to Contractor for performing services hereunder for the City. City
shall not be liable for compensation or indemnification to Contractor or its officers, employees,
or agents for injury or sickness arising out of performing services hereunder.
(c) Contractor agrees to pay and be responsible for paying all Federal, State
and local taxes for compensation received by Contractor from City while performing services for
City.
Section 11. Termination.
(a) Termination Right. City may, at any time, for any reason or for no reason,
with or without cause, terminate this Agreement, by serving upon the Contractor at least five (5)
calendar days prior written notice. Upon receipt of such notice, Contractor shall immediately
cease all work under this Agreement, unless the notice provides otherwise.
(b) In the event of termination or cancellation of this Agreement by City, due
to no fault or failure of performance by Contractor, Contractor shall be paid based on the
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percentage of work satisfactorily performed at the time of termination. In no event shall
Contractor be entitled to receive more than the amount that would be paid to Contractor for the
full performance of the services required by this Agreement. Contractor shall have no other
claim against City by reason of such termination, including any claim for compensation.
(c) Actions Subsequent to Termination. In the event of termination of this
Agreement, Contractor shall deliver all Confidential Information, as defined in Section 13 below,
to City within thirty (30) days after the termination of this Agreement. Contractor shall also take
all such other action as City reasonably requires and shall cooperate with City to effectuate an
orderly and systematic termination of Contractor's duties and activities hereunder.
(d) All of the terms and conditions in the Agreement related to payment,
confidentiality, indemnification, dispute resolution and waiver shall survive termination of this
Agreement.
Section 12. Limitation of City's Liability. City's liability on any kind of claim for any
loss or damage arising out of, in connection with, or resulting from this Agreement, shall in no
case exceed the amount that would be paid to Contractor for the full performance of the
services required by this Agreement. In no event shall City be liable for anticipated profits or for
incidental, consequential or punitive damages. City shall not be liable for penalties of any
description.
Section 13. Confidential Status: Disclosure of Information.
(a) Confidential Status; Disclosure of Information. All data, customer
information, business practices, business methods, privileged information, trade secrets,
financial statements, floor plans, designs, blueprints, maps, surveys, drawings, models, reports,
correspondence, logs, documents, materials or other information developed or created by
Contractor, received by Contractor, revealed to Contractor, or provided to Contractor for the
.performance of this Agreement ("Confidential Information") are deemed confidential and shall
not be disclosed by Contractor to any third party without City's prior written consent. City
reserves all rights to Confidential Information. City shall grant consent if disclosure is legally
required. All Confidential Information shall. be returned to City upon completion or termination of
this Agreement. Contractor's covenant under this section shall survive the termination of this
Agreement. City may disclose to third parties any Confidential Information at its sole discretion.
(b) Contractor's obligation not to disclose any Confidential Information shall
not extend to information that:
i, was in the possession of, or was rightfully known by, the
Contractor without an obligation to maintain its confidentiality prior to receipt from City;
ii. is or becomes generally known to the public without violation of
this Agreement;
iii. is obtained without an obligation of confidentiality by the
Contractor in good faith from a third party having the right to disclose it without an obligation of
confidentiality; or
iv. information which is required to be disclosed pursuant to any court
order or directive having the force of law.
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(c) The provisions of this section shall survive the termination of this
Agreement.
Section 14. Technical Materials. City reserves all rights to any and all tools, dies,
patterns, plates or other similar technical materials furnished or paid for by City, and Contractor
shall use such materials in strict confidentiality and shall return the same to City at its request
upon completion or termination of this Agreement. Contractor shall not copy or otherwise use
any such materials for any purposes other than the completion of this Agreement. Contractor's
covenant under this section shall survive the termination of this Agreement.
Section 15. Records and Inspections. Contractor shall maintain full and accurate
records with respect to all matters covered under this Agreement for Records Retention Period.
City shall have access, without charge, during normal business hours to such records, and the
right to examine and audit the same and to make copies and transcripts therefrom, and to
inspect all program data, documents, proceedings and activities.
Section 16. Default. Contractor's failure to comply with the provisions of this
Agreement shall constitute a default. In the event that Contractor is in default under the terms
of this Agreement, City shall have no obligation or duty to continue compensating Contractor for
any work performed after the date of default and can terminate this Agreement immediately by
written notice to Contractor.
Section 17. Indemnification. Contractor agrees to defend, indemnify, protect and hold
harmless City, its officers, officials, employees, agents, and volunteers from and against any
and all claims, suits, demands, actions, losses, damages, judgments, settlements, penalties,
fines, defensive costs or expenses, including without limitation, interest, attorneys' fees and
expert witness fees, or liability of any kind or nature arising out of or attributable to the acts or
omissions of Contractor, or Contractor's officers, employees, or agents which in any way arise
out of, result from, or are in any way related to the performance or non-performance of this
Agreement, excepting only liability arising out of the sole negligence or willful misconduct of
City, its officers, officials, employees, agents, or volunteers.
THE PROVISIONS OF THIS SECTION SHALL NOT TERMINATE OR EXPIRE, SHALL
SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT AND
SHALL BE GIVEN THE BROADEST POSSIBLE INTERPRETATION.
The obligations in this section 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.
Section 18. Insurance.
(a) Contractor shall at all times during the term of this Agreement carry,
maintain, and keep in full force and effect, a policy or policies of Comprehensive General
Liability Insurance, with minimum limits of One Million Dollars ($1,000,000) for each occurrence,
combined single limit, against any personal injury, death, loss or damage resulting from the
wrongful or negligent acts by Contractor or Contractor's officers, employees, or agents.
(b) Contractor shall at all times during the term of this Agreement carry,
maintain, and keep in full force and effect, a policy or policies of Comprehensive Vehicle Liability
insurance covering personal injury and property damage, with minimum limits of One Million
M
Dollars ($1,000,000) per occurrence, combined single limit, covering any vehicle utilized by
Contractor or Contractor's officers, employees, or agents in performing the services required by
this Agreement.
(c) Contractor agrees to maintain in force at all times during the performance
of work under this Agreement workerg compensation insurance as required by law.
(d) Contractor shall at all times during the term of this Agreement carry,
maintain, and keep in full force and effect, a policy or policies of Excess Liability Insurance, with
minimum limits of One Million Dollars ($1,000,000) for each occurrence, combined single limit,
and provide policy coverage and terms at least as broad as those required in the primary
insurance.
(e) Contractor shall at all times during the term of this Agreement carry,
maintain and keep in full force and effect, a policy or policies of Professional Liability Insurance,
with minimum limits of One Million Dollars ($1,000,000) for each occurrence, combined single
limit, and provide policy coverage and terms at least as broad as those required in the primary
insurance.
(t7 Contractor shall require each of its sub -consultants or sub -contractors to
maintain insurance coverage that meets all of the requirements of this Agreement.
(g) The policy or policies required by this Agreement shall be issued by an
insurer admitted in the State of California and with a rating of at least a B+; VI in the latest
edition of Best's Insurance Guide.
(h) Contractor agrees that if it does not keep the aforesaid insurance in full
force and effect City may either immediately terminate this Agreement or, if insurance is
available at a reasonable cost, City may take out the necessary insurance and pay, at
Contractor's expense, the premium thereon.
(i) At all times during the term of this Agreement, Contractor shall maintain
on file with the Risk Manager, a certificate or certificates of insurance, satisfactory to the City
Attorney and Risk Manager, along with a copy of the policy declarations page for each policy
showing that the aforesaid policies are in effect in the required amounts. Upon request by City,
Contractor shall cause its insurers to issue certified copies of the insurance policies evidencing
that the coverage and policy endorsements required under this Agreement are maintained in
force. Contractor shall, prior to commencement of work under this Agreement, file with the Risk
Manager, such certificate or certificates ands copy of the policy declarations page for each
policy. The policies of insurance required by this Agreement shall contain an additional insured
endorsement naming the City, its officers, officials, employees, agents, and volunteers as
insured's. All of the policies required under this Agreement shall contain an endorsement
providing that the policies cannot be canceled or reduced except on thirty (30) days prior written
notice to City, and specifically stating that the coverage contained in the policies affords
insurance pursuant to the terms and conditions as set forth in this Agreement.
0) The insurance provided by Contractor shall be primary to any coverage
available to City, and any insurance or self-insurance maintained by City, its officers, officials,
employees, agents, or volunteers shall be excess of Contractor's insurance and shall not
contribute with it. The policies of insurance required by this Agreement shall include provisions
for waiver of subrogation. Contractor hereby waives all rights of subrogation against City, its
officers, officials, employees, agents, and volunteers.
(k) Any deductibles or self -insured retentions must be declared to and
approved by City. At the option of City, Contractor shall either reduce or eliminate the
deductibles or self -insured retentions with respect to City, or Contractor shall procure a bond
guaranteeing payment of losses and expenses.
Section 19. Certification. In accordance with the provisions of Section 3700 of the
Labor Code, Contractor shall secure the payment of compensation to Contractor's employees.
By executing this Agreement, Contractor certifies the following: Contractor is aware of the
provisions of Section 3700 of the Labor Code which require every employer to be insured
against liability for workers' compensation or to undertake self-insurance in accordance with the
provisions of that code, and Contractor will comply with such provisions before commencing the
performance of the work of this Agreement.
Section 20. Standard Specifications. The work done pursuant to this Agreement shall
be done in accordance with the provisions of the most current edition of "Standard
Specifications for Public Works Construction" (commonly known as "the Green Book") including
Supplements, prepared and promulgated by the Southern California Chapter of the American
Public Works Association and the Associated General Contractors of California, which
specifications are hereinafter referred to as the "Standard Specifications." The provisions of
these Standard Specifications shall apply to the work performed under this Agreement, unless
different standards are specified in Exhibit A or agreed to in writing by the City.
Section 21. Compliance with Laws. Contractor shall keep itself informed of and
comply with all Applicable Laws, including without limitation, the Fair Labor Standards Act, the
Occupational Safety and Health Act and all those Applicable Laws 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. For purposes of this section, "Applicable
Laws" shall mean any and all laws, regulations, rules, orders, directives, judgments, decrees,
permits, approvals or other applicable requirements of any governmental entity or agency
having jurisdiction that are applicable to any aspect of this Agreement that are in force on the
Effective Date and as they may be enacted, issued or amended during the term of this
Agreement.
Section 22. Enforcement of Wane and Hour Laws. Eight hours labor constitutes a
legal day's work. The Contractor, or subcontractor, if any, shall forfeit twenty-five dollars ($25)
for each worker employed in the execution of this Agreement by the respective Contractor or
subcontractor for each calendar day during which the worker is required or permitted to work
more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation
of the provisions of Sections 1810 through 1815 of the California Labor Code as a penalty paid
to the City; provided, however, work performed by employees of contractors in excess of 8
hours per day, and 40 hours during any one week, shall be permitted upon compensation for all
hours worked in excess of 8 hours per day at not less than 1'/ times the basic rate of pay.
Living Waoes. In addition, Contractor, or Subcontractor, if any, working
on City service contracts of any amount, as to all employees spending time on City contracts
shall observe the City's Living Wage Ordinance and all requirements thereof at all times on City
contracts. The Current Living Wage Standards are set forth in Exhibit D. Upon request,
certified payroll shall be provided to the City.
Section 23. Materials and Workmanshio. City shall have the right to inspect any
material used. Material furnished shall be new, complete, ready -for -use and of the latest model,
shall not have been used in demonstration or other services and shall have all the usual
equipment as shown by its manufacturer's current specifications and catalogs, unless otherwise
specified. Equipment, supplies or services that fail to comply with the Agreement requirements
regarding design, material or workmanship may be rejected at the option of City. Any materials
rejected shall be removed from City premises at the Contractor's sole expense.
Section 24. Assignment: of Unfair Business Practices. Contractor and its
subcontractor offers and agrees to assign to City all rights, title, and interest in and to all causes
of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the
Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the
Business and Professions Code), arising from purchases of goods, services, or materials
pursuant to the public works contract or the subcontract. This assignment shall be made and
become effective at the time City tenders final payment to Contractor, without further
acknowledgment by the parties.
Section 25. Assionment and Subcontracting. Contractor shall not assign or attempt to
assign any portion of this Agreement, or subcontract any required performance hereunder,
without the prior written approval of City. Any assignment or subcontract made in violation of
this section is invalid and void. In the event City grants written approval to Contractor to
subcontract work under this Agreement, Contractor is prohibited from using a subcontractor who
is ineligible to perform work on a public works project pursuant to Section 1777.1 or 1777.7 of
the Labor Code.
Section 26. Arbitration and Venue. Any dispute, claim or controversy arising out of or
relating to this Agreement or the breach, termination, enforcement, interpretation or validity
thereof, including the determination of the scope or applicability of this Agreement to arbitrate,
shall be determined by arbitration in Los Angeles, California. The arbitration shall be
administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures. The
arbitrator shall be a retired judge. All decisions of the arbitrator shall be in writing, and the
arbitrator shall provide written reasons for their decision. The arbitration decision shall be final
and binding on the Parties. Judgment on the award may be entered in any court having
jurisdiction pursuant to this Agreement. Notwithstanding the foregoing, the parties shall be
permitted to access the court system to enforce any arbitration award. The exclusive
jurisdiction and venue under this Agreement shall be the Superior Court of California, Los
Angeles County.
Section 27. Attorneys Fgas. 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.
Section 28. Governing Law. This Agreement shall be interpreted and enforced
according to, and the Parties rights and obligations governed by, the domestic law of the State
of California, without regard to its laws regarding choice of applicable law.
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Section 29. Entire Agreement and Modifications. This Agreement, including
attachments incorporated herein by reference, represents the entire integrated agreement and
understanding between the Parties, and supersedes all prior or contemporaneous negotiations,
representations, agreements, understandings and statements, written or oral. This Agreement
may only be modified in writing and signed by both Parties.
Section 30. Waiver. 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 whether of the same or other
covenant or condition; 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. No waiver, benefit, privilege, or service voluntarily given or performed
by a party shall give the other party any contractual rights by custom, estoppel, or otherwise.
Section 31. Force Maieure. Neither party shall be considered in default of 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 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.
Section 32. City Not Obligated to Third Parties. City shall not be obligated or liable
under this Agreement to any party other than Contractor. City shall timely notify Contractor of
the receipt of any third -party claim relating to this Agreement. City shall be entitled to recover its
reasonable costs incurred in providing the notification required by section.
Section 33. Notices. All notices, approvals, consents and other communications
between the Parties shall be in writing, and shall be sent by certified mail (return receipt
requested) or other delivery service which provides evidence of delivery, using the address set
forth on the Cover Page under "Notice Information - City" or "Notice Information — Vendor," as
appropriate, or at such other address as may be furnished by either party to the other in writing.
Mailed notices will be deemed communicated as of the day of receipt.
Section 34. Cover Page and Exhibits. The Cover Page and all documents referenced
as exhibits in this Agreement are hereby incorporated in this Agreement. In the event of any
material discrepancy between the express provisions of this Agreement and the provisions of
any document incorporated herein by reference, the provisions of this Agreement shall prevail.
Section 35, Headings. Headings used in this Agreement are for convenience and
ease of reference only and shall not affect the interpretation of the Agreement.
Section 36. Survival of Terms. All of the terms and conditions in this Agreement
related to payment, confidentiality, indemnification, dispute resolution and waiver shall survive
termination of this Agreement.
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Section 37. Severability. Whenever possible, each provision of this Agreement shall
be interpreted in such a manner as to be valid under applicable law. If any provision of this
Agreement is determined by a court of competent jurisdiction to be invalid, void or
unenforceable, the remaining provisions shall nevertheless continue in full force and effect, and
shall in no way be affected, impaired or invalidated.
Section 38. Authority to Execute This Agreement. The person or persons executing
this Agreement on behalf of Contractor warrants and represents that he or she has the authority
to execute this Agreement on behalf of Contractor and has the authority to bind Contractor to
the performance of its obligations under this Agreement.
(Signatures Begin on Next Page).
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IN WITNESS WHEREOF, the Parties have signed this Agreement as of the date stated
in the introductory clause.
City of Vernon, a California charter City
and California municipal corporation
Melvyn Green and Associates, Inc., a
Califorr
By: By:
William Davis, Name:
Mayor Pro-Tem
Title:
.ATTEST:
Dana Reed, Acting City Clerk
APPROVED AS TO FORM:
Willard G. Yamaguchi,
Chief Deputy City Attorney
By: qv"J a,
Name:. WBe-A 7
Title:
12
EXHIBIT A
EXHIBIT A
SCOPE OF SERVICES
Contractor shall perform the Structural and Geotechnical Plan Check services on behalf of the
City. Plans shall be reviewed and accepted by a Structural Engineer licensed in the State of
California to ensure conformity with the latest edition of the California Building Code. Contractor
shall also provide on call engineering services during a catastrophic event or when requested by
the Director of Community Services & Water. A copy of the Plan Check Procedures provided
for in the proposal is attached hereto and incorporated by reference.
Plan Check Procedures
The process for plan review is as follows:
Received plans are logged in and assigned an internal plan check number that is
cross-referenced to the City permit number.
Plans, along with calculations, soils report(s) and any other support documents,
are generally reviewed in the order received, but some special or rush jobs may be
moved to the immediate front of the plan check line.
A plan review comment list, based on a standard plan check comment/check list,
is used as the basis for the process. Over the years, this check list has been tai-
lored to fit the specific needs of the City. Plans may be "red marked" to pinpoint
comments where appropriate.
A typed plan review comment document is printed and the plans, submittals docu-
ments and review comment list are returned to the city. Shipping expense for the
return is paid by our office.
When the applicant responds to the comments with another submittal, the recheck
review is conducted. Typically this results in a structural approval letter to the
City stating that the plans meet the structural requirements of the adopted building
code.
In order to keep projects on track we may call the engineer directly to go over our
comments and try to resolve questions, conflicts or deficits over the phone. Once
the plans reflect all that is necessary for Code compliance, the structural approval
is forwarded to the City.
Plan check response time is typically one week, from the day it is received until it
is sent back to the city. Shipping is via UPS and has generally been next day de-
livery.
Some times special meetings may be held on prospective or proposed projects.
Usually this occurs at the Vernon City Hall but has also been at our office. Re-
checks at the building department counter are possible but have seldom been
necessary.
There have also been on -site meetings arranged by the City for observation of ex-
isting conditions that need special attention.
Geotechnical report review including liquefaction information is conducted. If the
report is incomplete for the site conditions presumed by the Seismic Hazards
Maps, additional information is requested. When the report is complete, an ap-
proval recommendation letter is given to the City in accordance with DMG 117A
(and the Seismic Hazards Mapping Act of 1990) for submittal, with the soils re-
port, by the City to the California Division of Mines and Geological Survey. A
list of soils and liquefaction reports that we have reviewed for the City of Vernon
is on file in our office.
We have provided disaster support for the city after the 1987 and 1994 earth-
quakes. Staff members are registered as part of the Califomia Emergency Man-
agement Agency (CalEMA) Safety Assessment Program.
Other services provided have included assisting the City with review of code
change proposals and amendments for adoption.
EXHIBIT B
EXHIBIT B
FEES
Contractor shall be paid an amount not to exceed $75,000.00 annually to perform the Services
described in Exhibit A in accordance with the Fee Schedule, a copy of which is attached hereto
and incorporated as referenced.
Contractor shall invoice City by the 1 s' of each month for Services provided under this
Agreement.
Invoices shall include the period for which Services were provided, the dates of such Services,
and a description of the Services provided for that billing period. Each invoice shall include
copies of timesheets and other supporting documents as City may require.
Payments of each invoice shall be made by City within thirty (30) days following receipt of each
invoice as to all non -disputed fees. If City disputes any of Contractor's fees, it shall give written
notice to Contractor within thirty (30) days of receipt of the disputed invoices. Any amounts in
dispute shall be withheld until resolution.
Fee Schedule
Plan check charges are based on the plan check fee charged by the City.
The plan check fee for structural plan review is 50% of the City's plan check
charge.
For projects where the City's plan check charge is less than $200, the structural
plan check fee is 80% of the City's fee. This is because most projects in this range
are small industrial equipment, tanks, or pipe systems.
Hourly rates for special, non -plan check meetings and special services are.:
Melvyn Green, SF $200.00
M
EXHIBIT C
EXHIBIT C
CHANGE ORDER
Exhibit C
CITY OF VERNON
COMMUNITY SERVICES & WATER DEPARTMENT
CONTRACT CHANGE ORDER NO. SUPPLEMENT NO. SHEET OF SHEETS
PROJECT: P.O. NO.
TO:
REQUESTED BY: City of Vernon
CONTRACTOR
You are hereby directed to make the herein described changes to the plans and specifications or do the following described work
not previously included in the plans and specifications of this contract. Except as specifically modified herein, all terms and
conditions of the original contract remain in full force and effect, and apply to, the additional work as if said work was originally
included in the contract.
Contract Amount Base Bid
...............................................
$
Amount of This Change Order
I .............................................
$
Amount of Previous Chan e Orders
.........................................
$
Total Change Orders
I .....................................................
$
Modified Contract Amount
......................... I .......
.............
$
By meson of this change order the time of
completion will be adjusted as follows:
Approved:
Date:
Director of Community Services & Water
Attest:
Date:
Willard Yamaguchi, City Clerk
We, the undersigned Contractor, 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, except as 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: Contractor:
By: Title:
c: Project File/Contractor/Purchasing Rev. 03/10
EXHIBIT D
EXHIBIT D
LIVING WAGE PROVISIONS
Minimum Livina Wanes:
A requirement that Employers pay qualifying employees a wage of no less than $10.30 per hour
with health benefits, or $11.55 per hour without health benefits.
Paid and Unpaid Days Off:
Employers provide qualifying employees at least twelve compensated days off per year for sick
leave, vacation, or personal necessity, and an additional ten days a year of uncompensated
time for sick leave.
No Retaliation:
A prohibition on employer retaliation against employees complaining to the City with regard to
the employer's compliance with the living wage ordinance. Employees may bring an action in
Superior Court against an employer for back pay, treble damages for willful violations, and
attorney's fees, or to compel City officials to terminate the service contract of violating
employers.
it i b",
OFHCE OF Tfl E C"i1Y CZ.EffX
Fe Avmw Vemmm>
September 24, 2012
Melvyn Green
Structural Engineer
Melvyn Green and Associates, Inc.
21311 Hawthorne Blvd., Suite 230
Torrance, CA 90503
RE: Services Agreement for Structural Plan Check Services
Dear Mr. Green:
The insurance requirements have been met. Transmitted herewith is a fully executed original
agreement as referenced above, approved by City Council on September 18, 2012, through
Resolution No. 2012-182.
If you have any questions, please contact Kevin Wilson at (323) 583-8811 extension 245.
Thank you.
Sincerely,
Ana Barcia
Deputy City Clerk
1
Enclosure
c: S. Kevin Wilson
Purchasing Department
Resolution No. 2012-182
Agreement File No. 12-100
SERVICES AGREEMENT BETWEEN THE CITY OF VERNON AND MELVYN GRI��* 0 n ��i�
AND ASSOCIATES, INC. FOR STRUCTURAL PLAN CHECK SERVICES
Contractor:
Responsible Principal of Contractor:
Notice Information - Contractor:
Notice Information - City:
Commencement Date:
Termination Date:
Consideration:
Records Retention Period
COVER PAGE
Community Services
Melvyn Green and Associates, Inc.
Melvyn Green, Structural Engineer
Melvyn Green and Associates, Inc.
21311 Hawthorne Blvd., Suite 230
Torrance, CA 90503
Attention: Melvyn Green, Structural Engineer
Phone: (310) 792-9252
Facsimile: (310) 792-8092
City of Vernon
4305 Santa Fe Avenue
Vernon, CA 90058
Attention: Kevin Wilson, Director of
Community Services & Water
Telephone: (323) 583-8811 ext. 245
Facsimile: (323) 826-1435
October 1, 2012
October 1, 2015
Total not to exceed $75,000.00 annually
(includes all applicable sales tax); and more
particularly described in Exhibit B
Three (3) years
SERVICES AGREEMENT BETWEEN THE CITY OF VERNON AND MELVYN GREEN
AND ASSOCIATES, INC. I -OR STRUCTURAL PLAN CHECK SERVICES
THIS AGREEMENT is made and entered into as of October 1. 2012 ("Effective Date"), by and
between the City of Vernon, a California charter City and California municipal corporation
("City"), and Melvyn Green and Associates, Inc., a California corporation ("Contractor"). City
and Contractor are collectively referred to herein as the "Parties."
RECITALS
A. City desires to have certain structural plan check services provided as more fully
set forth in the Scope of Services, attached hereto and incorporated herein as Exhibit A.
B. Contractor represents it is qualified and capable of furnishing the labor, materials,
and expertise necessary to perform such services in accordance with the terms and conditions
set forth in this Agreement.
NOW, THEREFORE, the Parties agree as follows:
Section 1. Term and Time of Performance.
(a) This Agreement shall commence upon the Commencement Date listed
on the Cover Page, and shall remain and continue in effect through the Termination Date listed
on the Cover Page, unless sooner terminated pursuant to the provisions of this Agreement.
Section 2. Performance.
(a) Contractor shall perform the services and tasks described and set forth in
the Scope of Services, Exhibit A ("Services"). Additional services must be mutually agreed
upon in writing signed by both Parties prior to performance of those additional services.
(b) Contractor shall at all times faithfully, competently and to the best of its
ability, experience, and talent, perform all Services under this Agreement in accordance with the
standard of care and skill ordinarily exercised by members of the profession currently practicing
in the same locality as the City under similar circumstances and in a manner reasonably
satisfactory to City. Contractor shall at all times comply with the highest ethical standards when
performing Services for the City.
(c) Contractor shall keep itself informed of all local, state, and federal
ordinances, laws and regulations which in any manner affect those employed by it or in any way
affect the performance of its Services pursuant to this Agreement. Contractor shall at all times
observe and comply with all such ordinances, laws and regulations. City, and its officers,
officials, employees, agents or volunteers shall not be liable at law or in equity occasioned by
failure of Contractor to comply with this section.
(d) Contractor will not be compensated for any work performed not specified
in Exhibit A unless City authorizes such work in advance and in writing.
Section 3. Compensation.
(a) City agrees to compensate Contractor, and Contractor agrees to accept
in full satisfaction for the services :and any supplies or goods required by this Agreement, a sum
not to exceed the Consideration set forth on the Cover Page and more particularly described in
Exhibit B. The Consideration shall constitute reimbursement of Contractor's fee for the Services
as well as for all actual and necessary expenditures reasonably incurred in the performance of
this Agreement (including without limitation, all labor, materials, equipment, supplies, delivery,
tax, assembly, and installation, as applicable).
(b) There shall be no claims for additional compensation for reimbursable
expenses and Contractor shall not be reimbursed for any additional expenses.
(c) Change in the scope of services, duties, obligations, durations or total
compensation, shall be by written authorization only by the City. A form of Change Order is set
forth in Exhibit C attached hereto and incorporated by reference.
Section 4. Method of Payment. City shall pay Contractor the Consideration in
accordance with the Cost Schedule set forth in Exhibit B.
Section 5. Responsible Principals.
(a) Contractor's Responsible Principal set forth on the Cover Page shall be
principally responsible for Contractor's obligations under this Agreement and shall serve as
principal liaison between City and Contractor. Designation of another Responsible Principal by
Contractor shall not be made without prior written consent of City.
(b) City's Responsible Principal shall be the City Administrator or his
designee who shall administer the terms of the Agreement on behalf of City.
Section 6. Personnel.
(a) All persons performing Services shall have all the necessary technical
expertise, permits, professional licenses, certificates, training, and other qualifications required
by this Agreement or other applicable laws. Contractor shall provide City with said permits,
licenses, and certificates at the request of City.
(b) Contractor represents that it has, or shall secure at its own expense, all
personnel required to perform Contractor's Services under this Agreement. All personnel
engaged in the work shall be qualified to perform such Services.
Section 7. Permits and Licenses. Contractor shall obtain and maintain during the
Agreement term all necessary licenses, permits and certificates required by law for the provision
of services under this Agreement, including a business license. Except as provided herein
below, Contractor shall obtain and pay for all permits and licenses required by federal, state or
local law, rule or regulation. Costs for obtaining City licenses and permits required under this
Agreement shall be waived.
Section 8. Access. Contractor shall comply with all reasonable access and other
restrictions that City may impose. No access to City property for performance of the Services
shall be permitted prior to delivery to City of proof of insurance paid and maintained by
Contractor.
Section 9. Contractor's Duties and Representations.
Contractor represents, covenants and agrees as follows:
(a) There are no obligations, commitments, or impediments of any kind that
will limit or prevent performance of the Services.
(b) Contractor presently has no interest and shall not have any interest, direct
or indirect, which would conflict in any manner with the performance of the Services
contemplated by this Agreement. No person having any such interest shall be employed by or
be associated with Contractor.
(c) There is no litigation pending against Contractor and Contractor is not the
subject of any criminal investigation or proceeding, and neither Contractor nor its personnel, to
its actual knowledge, have been convicted of a felony.
Section 10. Independent Contractor.
(a) Contractor is and shall at all times remain, as to City, a wholly
independent contractor. The personnel performing the Services under this Agreement on behalf
of Contractor shall at all times be under Contractor's exclusive direction and control. Neither
City nor any of its officers, officials, employees, agents, or volunteers shall have control over the
conduct of Contractor or any of Contractor's officers, employees, or agents except as set forth in
this Agreement. Contractor shall riot at any time or in any manner represent that it or any of its
officers, employees, or agents are in any manner officers, officials, employees, agents, or
volunteers of City. Contractor shall not incur or have the power to incur any debt, obligation or
liability whatsoever against City, or bind City in any manner.
(b) No employee benefits shall be available to Contractor or its officers,
employees, or agents in connection with the performance of this Agreement. Except for
Consideration paid to Contractor as provided in the Agreement, City shall not pay salaries,
wages, or other compensation to Contractor for performing services hereunder for the City. City
shall not be liable for compensation or indemnification to Contractor or its officers, employees,
or agents for injury or sickness arising out of performing services hereunder.
(c) Contractor agrees to pay and be responsible for paying all Federal, State
and local taxes for compensation received by Contractor from City while performing services for
City.
Section 11. Termination.
(a) Termination Right. City may, at any time, for any reason or for no reason,
with or without cause, terminate this Agreement, by serving upon the Contractor at least five (5)
calendar days prior written notice. Upon receipt of such notice, Contractor shall immediately
cease all work under this Agreement, unless the notice provides otherwise.
(b) In the event of termination or cancellation of this Agreement by City, due
to no fault or failure of performance by Contractor, Contractor shall be paid based on the
4
percentage of work satisfactorily performed at the time of termination. In no event shall
Contractor be entitled to receive more than the amount that would be paid to Contractor for the
full performance of the services required by this Agreement. Contractor shall have no other
claim against City by reason of such termination, including any claim for compensation.
(c) Actions Subsequent to Termination. In the event of termination of this
Agreement, Contractor shall deliver all Confidential Information, as defined in Section 13 below,
to City within thirty (30) days after the termination of this Agreement. Contractor shall also take
all such other action as City reasonably requires and shall cooperate with City to effectuate an
orderly and systematic termination of Contractor's duties and activities hereunder.
(d) All of the terms and conditions in the Agreement related to payment,
confidentiality, indemnification, dispute resolution and waiver shall survive termination of this
Agreement.
Section 12. Limitation of City's Liability. City's liability on any kind of claim for any
loss or damage arising out of, in connection with, or resulting from this Agreement, shall in no
case exceed the amount that would be paid to Contractor for the full performance of the
services required by this Agreement. In no event shall City be liable for anticipated profits or for
incidental, consequential or punitive damages. City shall not be liable for penalties of any
description.
Section 13. Confidential Status: Disclosure of Information.
(a) Confidential Status; Disclosure of Information. All data, customer
information, business practices, business methods, privileged information, trade secrets,
financial statements, floor plans, designs, blueprints, maps, surveys, drawings, models, reports,
correspondence, logs, documents, materials or other information developed or created by
Contractor, received by Contractor, revealed to Contractor, or provided to Contractor for the
.performance of this Agreement ("Confidential Information") are deemed confidential and shall
not be disclosed by Contractor to any third party without City's prior written consent. City
reserves all rights to Confidential Information. City shall grant consent if disclosure is legally
required. All Confidential Information shallbe returned to City upon completion or termination of
this Agreement. Contractor's covenant under this section shall survive the termination of this
Agreement. City may disclose to third parties any Confidential Information at its sole discretion.
(b) Contractor's obligation not to disclose any Confidential Information shall
not extend to information that:
i. was in the possession of, or was rightfully known by, the
Contractor without an obligation to maintain its confidentiality prior to receipt from City;
is or becomes generally known to the public without violation of
this Agreement;
III. is obtained without an obligation of confidentiality by the
Contractor in good faith from a third party having the right to disclose it without an obligation of
confidentiality; or
iv. information which is required to be disclosed pursuant to any court
order or directive having the force of law.
(c) The provisions of this section shall survive the termination of this
Agreement.
Section 14. Technical Materials. City reserves all rights to any and all tools, dies,
patterns, plates or other similar technical materials furnished or paid for by City, and Contractor
shall use such materials in strict confidentiality and shall return the same to City at its request
upon completion or termination of this Agreement. Contractor shall not copy or otherwise use
any such materials for any purposes other than the completion of this Agreement. Contractor's
covenant under this section shall survive the termination of this Agreement.
Section 15. Records and Inspections. Contractor shall maintain full and accurate
records with respect to all matters covered under this Agreement for Records Retention Period.
City shall have access, without charge, during normal business hours to such records, and the
right to examine and audit the same and to make copies and transcripts therefrom, and to
inspect all program data, documents, proceedings and activities.
Section 16. Default. Contractor's failure to comply with the provisions of this
Agreement shall constitute a default. In the event that Contractor is in default under the terms
of this Agreement, City shall have no obligation or duty to continue compensating Contractor for
any work performed after the date of default and can terminate this Agreement immediately by
written notice to Contractor.
Section 17. Indemnification. Contractor agrees to defend, indemnify, protect and hold
harmless City, its officers, officials, employees, agents, and volunteers from and against any
and all claims, suits, demands, actions, losses, damages, judgments, settlements, penalties,
fines, defensive costs or expenses, including without limitation, interest, attorneys' fees and
expert witness fees, or liability of any kind or nature arising out of or attributable to the acts or
omissions of Contractor, or Contractor's officers, employees, or agents which in any way arise
out of, result from, or are in any way related to the performance or non-performance of this
Agreement, excepting only liability arising out of the sole negligence or willful misconduct of
City, its officers, officials, employees, agents, or volunteers.
THE PROVISIONS OF THIS SECTION SHALL NOT TERMINATE OR EXPIRE, SHALL
SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT AND
SHALL BE GIVEN THE BROADEST POSSIBLE INTERPRETATION.
The obligations in this section 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.
Section 18. Insurance.
(a) Contractor shall at all times during the term of this Agreement carry,
maintain, and keep in full force and effect, a policy or policies of Comprehensive General
Liability Insurance, with minimum limits of One Million Dollars ($1,000,000) for each occurrence,
combined single limit, against any personal injury, death, loss or damage resulting from the
wrongful or negligent acts by Contractor or Contractor's officers, employees, or agents.
(b) Contractor shall at all times during the term of this Agreement carry,
maintain, and keep in full force and effect, a policy or policies of Comprehensive Vehicle Liability
insurance covering personal injury and property damage, with minimum limits of One Million
M
Dollars ($1,000,000) per occurrence, combined single limit, covering any vehicle utilized by
Contractor or Contractor's officers, employees, or agents in performing the services required by
this Agreement.
(c) Contractor agrees to maintain in force at all times during the performance
of work under this Agreement workers compensation insurance as required by law.
(d) Contractor shall at all times during the term of this Agreement carry,
maintain, and keep in full force and effect, a policy or policies of Excess Liability Insurance, with
minimum limits of One Million Dollars ($1,000,000) for each occurrence, combined single limit,
and provide policy coverage and terms at least as broad as those required in the primary
insurance.
(e) Contractor shall at all times during the term of this Agreement carry,
maintain and keep in full force and effect, a policy or policies of Professional Liability Insurance,
with minimum limits of One Million Dollars ($1,000,000) for each occurrence, combined single
limit, and provide policy coverage and terms at least as broad as those required in the primary
insurance.
(f) Contractor shall require each of its sub -consultants or sub -contractors to
maintain insurance coverage that meets all of the requirements of this Agreement.
(g) The policy or policies required by this Agreement shall be issued by an
insurer admitted in the State of California and with a rating of at least a B+; VI in the latest
edition of Best's Insurance Guide.
(h) Contractor agrees that if it does not keep the aforesaid insurance in full
force and effect City may either immediately terminate this Agreement or, if insurance is
available at a reasonable cost, City may take out the necessary insurance and pay, at
Contractor's expense, the premium thereon.
(i) At all times during the term of this Agreement, Contractor shall maintain
on file with the Risk Manager, a certificate or certificates of insurance, satisfactory to the City
Attorney and Risk Manager, along with a copy of the policy declarations page for each policy
showing that the aforesaid policies are in effect in the required amounts. Upon request by City,
Contractor shall cause its insurers to issue certified copies of the insurance policies evidencing
that the coverage and policy endorsements required under this Agreement are maintained in
force. Contractor shall, prior to commencement of work under this Agreement, file with the Risk
Manager, such certificate or certificates and.a copy of the policy declarations page for each
policy. The policies of insurance required by this Agreement shall contain an additional insured
endorsement naming the City, its officers, officials, employees, agents, and volunteers as
insured's. All of the policies required under this Agreement shall contain an endorsement
providing that the policies cannot be canceled or reduced except on thirty (30) days prior written
notice to City, and specifically stating that the coverage contained in the policies affords
insurance pursuant to the terms and conditions as set forth in this Agreement.
0) The insurance provided by Contractor shall be primary to any coverage
available to City, and any insurance or self-insurance maintained by City, its officers, officials,
employees, agents, or volunteers shall be excess of Contractor's insurance and shall not
contribute with it. The policies of insurance required by this Agreement shall include provisions
7
for waiver of subrogation. Contractor hereby waives all rights of subrogation against City, its
officers, officials, employees, agents, and volunteers.
(k) Any deductibles or self -insured retentions must be declared to and
approved by City. At the option of City, Contractor shall either reduce or eliminate the
deductibles or self -insured retentions with respect to City, or Contractor shall procure a bond
guaranteeing payment of losses and expenses.
Section 19. Certification. In accordance with the provisions of Section 3700 of the
Labor Code, Contractor shall secure the payment of compensation to Contractor's employees.
By executing this Agreement, Contractor certifies the following: Contractor is aware of the
provisions of Section 3700 of the Labor Code which require every employer to be insured
against liability for workers' compensation or to undertake self-insurance in accordance with the
provisions of that code, and Contractor will comply with such provisions before commencing the
performance of the work of this Agreement.
Section 20. Standard Specifications. The work done pursuant to this Agreement shall
be done in accordance with the provisions of the most current edition of "Standard
Specifications for Public Works Construction" (commonly known as 'the Green Book") including
Supplements, prepared and promulgated by the Southern California Chapter of the American
Public Works Association and the Associated General Contractors of California, which
specifications are hereinafter referred to as the "Standard Specifications." The provisions of
these Standard Specifications shall apply to the work performed under this Agreement, unless
different standards are specified in Exhibit A or agreed to in writing by the City.
Section 21. Compliance with Laws. Contractor shall keep itself informed of and
comply with all Applicable Laws, including without limitation, the Fair Labor Standards Act, the
Occupational Safety and Health Act and all those Applicable Laws 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. For purposes of this section, "Applicable
Laws" shall mean any and all laws, regulations, rules, orders, directives, judgments, decrees,
permits, approvals or other applicable requirements of any governmental entity or agency
having jurisdiction that are applicable to any aspect of this Agreement that are in force on the
Effective Date and as they maybe enacted, issued or amended during the term of this
Agreement.
Section 22. Enforcement of Wage and Hour Laws. Eight hours labor constitutes a
legal day's work. The Contractor, or subcontractor, if any, shall forfeit twenty-five dollars ($25)
for each worker employed in the execution of this Agreement by the respective Contractor or
subcontractor for each calendar day during which the worker is required or permitted to work
more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation
of the provisions of Sections 1810 through 1815 of the California Labor Code as a penalty paid
to the City; provided, however, work performed by employees of contractors in excess of 8
hours per day, and 40 hours during any one week, shall be permitted upon compensation for all
hours worked in excess of 8 hours per day at not less than 1'/2 times the basic rate of pay.
Livina Wages. In addition, Contractor, or Subcontractor, if any, working
on City service contracts of any amount, as to all employees spending time on City contracts
shall observe the City's Living Wage Ordinance and all requirements thereof at all times on City
contracts. The Current Living Wage Standards are set forth in Exhibit D. Upon request,
certified payroll shall be provided to the City.
Section 23. Materials and Workmanship. City shall have the right to inspect any
material used. Material furnished shall be new, complete, ready -for -use and of the latest model,
shall not have been used in demonstration or other services and shall have all the usual
equipment as shown by its manufacturer's current specifications and catalogs, unless otherwise
specified. Equipment, supplies or services that fail to comply with the Agreement requirements
regarding design, material or workmanship may be rejected at the option of City. Any materials
rejected shall be removed from City premises at the Contractor's sole expense.
Section 24. Assionment of Unfair Business Practices. Contractor and its
subcontractor offers and agrees to assign to City all rights, title, and interest in and to all causes
of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the
Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the
Business and Professions Code), arising from purchases of goods, services, or materials
pursuant to the public works contract or the subcontract. This assignment shall be made and
become effective at the time City tenders final payment to Contractor, without further
acknowledgment by the parties.
Section 25. Assionment and Subcontracting. Contractor shall not assign or attempt to
assign any portion of this Agreement, or subcontract any required performance hereunder,
without the prior written approval of City. Any assignment or subcontract made in violation of
this section is invalid and void. In the event City grants written approval to Contractor to
subcontract work under this Agreement, Contractor is prohibited from using a subcontractor who
is ineligible to perform work on a public works project pursuant to Section 1777.1 or 1777.7 of
the Labor Code.
Section 26. Arbitration and Venue. Any dispute, claim or controversy arising out of or
relating to this Agreement or the breach, termination, enforcement, interpretation or validity
thereof, including the determination of the scope or applicability of this Agreement to arbitrate,
shall be determined by arbitration in Los Angeles, California. The arbitration shall be
administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures. The
arbitrator shall be a retired judge. All decisions of the arbitrator shall be in writing, and the
arbitrator shall provide written reasons for their decision. The arbitration decision shall be final
and binding on the Parties. Judgment on the award may be entered in any court having
jurisdiction pursuant to this Agreement. Notwithstanding the foregoing, the parties shall be
permitted to access the court system to enforce any arbitration award. The exclusive
jurisdiction and venue under this Agreement shall be the Superior Court of California, Los
Angeles County.
Section 27. Attorneys Fees. 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.
Section 28. Governing Law. This Agreement shall be interpreted and enforced
according to, and the Parties rights and obligations governed by, the domestic law of the State
of California, without regard to its laws regarding choice of applicable law.
0
Section 29. Entire Agreement and Modifications. This Agreement, including
attachments incorporated herein by reference, represents the entire integrated agreement and
understanding between the Parties, and supersedes all prior or contemporaneous negotiations,
representations, agreements, understandings and statements, written or oral. This Agreement
may only be modified in writing and signed by both Parties.
Section 30. Waiver. 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 whether of the same or other
covenant or condition; 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. No waiver, benefit, privilege, or service voluntarily given or performed
by a party shall give the other party any contractual rights by custom, estoppel, or otherwise.
Section 31. Force Maieure. Neither party shall be considered in default of 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 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.
Section 32. City Not Obligated to Third Parties. City shall not be obligated or liable
under this Agreement to any party other than Contractor. City shall timely notify Contractor of
the receipt of any third -party claim relating to this Agreement. City shall be entitled to recover its
reasonable costs incurred in providing the notification required by section.
Section 33. Notices. All notices, approvals, consents and other communications
between the Parties shall be in writing, and shall be sent by certified mail (return receipt
requested) or other delivery service which provides evidence of delivery,using the address set
forth on the Cover Page under "Notice Information - City" or "Notice Information — Vendor," as
appropriate, or at such other address as may be furnished by either party to the other in writing.
Mailed notices will be deemed communicated as of the day of receipt.
Section 34. Cover Page and Exhibits. The Cover Page and all documents referenced
as exhibits in this Agreement are hereby incorporated in this Agreement. In the event of any
material discrepancy between the express provisions of this Agreement and the provisions of
any document incorporated herein by reference, the provisions of this Agreement shall prevail.
Section 35. Headings. Headings used in this Agreement are for convenience and
ease of reference only and shall not affect the interpretation of the Agreement.
Section 36. Survival of Terms. All of the terms and conditions in this Agreement
related to payment, confidentiality, indemnification, dispute resolution and waiver shall survive
termination of this Agreement.
10
Section 37. Severability. Whenever possible, each provision of this Agreement shall
be interpreted in such a manner as to be valid under applicable law. If any provision of this
Agreement is determined by a court of competent jurisdiction to be invalid, void or
unenforceable, the remaining provisions shall nevertheless continue in full force and effect, and
shall in no way be affected, impaired or invalidated.
Section 38. Authority to Execute This Agreement. The person or persons executing
this Agreement on behalf of Contractor warrants and represents that he or she has the authority
to execute this Agreement on behalf of Contractor and has the authority to bind Contractor to
the performance of its obligations under this Agreement.
[Signatures Begin on Next Page].
11
IN WITNESS WHEREOF, the Parties have signed this Agreement as of the date stated
in the introductory clause.
City of Vernon, a California charter City
and California municipal corporation
William Davis,
Mayor Pro -Tern
ON
Dana Reed, Acting City Clerk
APP�D AS TO FORM:
Deputy
Melvyn Green and Associates, Inc., a
Califon
Name:
Title:
By: 5V"', A N a A
Name: 40 .0;- A 7
Title: SBGee7T01cy
12
EXHIBIT A
EXHIBIT A
SCOPE OF SERVICES
Contractor shall perform the Structural and Geotechnical Plan Check services on behalf of the
City. Plans shall be reviewed and accepted by a Structural Engineer licensed in the State of
California to ensure conformity with the latest edition of the California Building Code. Contractor
shall also provide on call engineering services during a catastrophic event or when requested by
the Director of Community Services & Water. A copy of the Plan Check Procedures provided
for in the proposal is attached hereto and incorporated by reference.
Plan Check Procedures
The process for plan review is as follows:
Received plans are logged in and assigned an internal plan check number that is
cross-referenced to the City permit number.
Plans, along with calculations, soils report(s) and any other support documents,
are generally reviewed in the order received, but some special or rush jobs may be
moved to the immediate front of the plan check line.
A plan review comment list, based on a standard plan check comment/check list,
is used as the basis for the process. Over the years, this check list has been tai-
lored to fit the specific needs of the City. Plans may be "red marked" to pinpoint
comments where appropriate.
A typed plan review comment document is printed and the plans, submittals docu-
ments and review comment list are returned to the city. Shipping expense for the
return is paid by our office.
When the applicant responds to the comments with another submittal, the recheck
review is conducted. Typically this results in a structural approval letter to the
City stating that the plans meet the structural requirements of the adopted building
code.
In order to keep projects on track we may call the engineer directly to go over our
comments and try to resolve questions, conflicts or deficits over the phone. Once
the plans reflect all that is necessary for Code compliance, the structural approval
is forwarded to the City.
Plan check response time is typically one week, from the day it is received until it
is sent back to the city. Shipping is via UPS and has generally been next day de-
livery.
Some times special meetings may be held on prospective or proposed projects.
Usually this occurs at the Vernon City Hall but has also been at our office. Re-
checks at the building department counter are possible but have seldom been
necessary.
There have also been on -site meetings arranged by the City for observation of ex-
isting conditions that need special attention.
Geotechnical report review including liquefaction information is conducted. If the
report is incomplete for the site conditions presumed by the Seismic Hazards
Maps, additional information is requested. When the report is complete, an ap-
proval recommendation letter is given to the City in accordance with DMG 117A
i (and the Seismic Hazards Mapping Act of 1990) for submittal, with the soils re-
port, by the City to the California Division of Mines and Geological Survey. A
list of soils and liquefaction reports that we have reviewed for the City of Vernon
is on file in our office.
We have provided disaster support for the city after the 1987 and 1994 earth-
quakes. Staff members are registered as part.of the California Emergency Man-
agement Agency (CaIEMA) Safety Assessment Program.
Other services provided have included assisting the City with review of code
change proposals and amendments for adoption.
EXHIBIT B
EXHIBIT B
FEES
Contractor shall be paid an amount not to exceed $75,000.00 annually to perform the Services
described in Exhibit A in accordance with the Fee Schedule, a copy of which is attached hereto
and incorporated as referenced.
Contractor shall invoice City by the 1 st of each month for Services provided under this
Agreement.
Invoices shall include the period for which Services were provided, the dates of such Services,
and a description of the Services provided for that billing period. Each invoice shall include
copies of timesheets and other supporting documents as City may require.
Payments of each invoice shall be made by City within thirty (30) days following receipt of each
invoice as to all non -disputed fees. If City disputes any of Contractor's fees, it shall give written
notice to Contractor within thirty (30) days of receipt of the disputed invoices. Any amounts in
dispute shall be withheld until resolution.
Fee Schedule
Plan check charges are based on the plan check fee charged by the City.
The plan check fee for structural plan review is 50% of the City's plan check
charge.
For projects where the City's plan check charge is less than $200, the structural
plan check fee is 80% of the City's fee. This is because most projects in this range
are small industrial equipment, tanks, or pipe systems.
Hourly rates for special, non -plan check meetings and special services are:
Melvyn Green. SE $200.00
5
EXHIBIT C
EXHIBIT C
CHANGE ORDER
Exhibit C
CITY OF VERNON
COMMUNITY SERVICES & WATER DEPARTMENT
CONTRACT CHANGE ORDER NO.
PROJECT:
TO:
REQUESTED BY:
_ SUPPLEMENT NO. _ SHEET _ OF _ SHEETS
of Vernon
P.O. NO.
CONTRACTOR
You are hereby directed to make the herein described changes to the plans and specifications or do the following described work
not previously included in the plans and specifications of this contract. Except as specifically modified herein, all terms and
conditions of the original contract remain in full force and effect, and apply to the additional work as if said work was originally
included in the contract.
Contract Amount Base Bid
..............................................
$
Amount of This Chan e Order
.........................................
$
Amount of Previous Change Orders I ............................. I ...........
$
Total Change Orders
.....................................................
$
Modified Contract Amount
............................................
$
By reason of this change order the time of
completion will be adjusted as follows:
Approved: Date:
Director of Community Services & Water
Attest: Date:
Willard Yamaguchi, City Clerk
We, the undersigned Contractor, 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, except as 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: Contractor:
By: Title:
c: rrodect iruetcontractor/Furchasmg Rev. 03/10
EXHIBIT D
EXHIBIT D
LIVING WAGE PROVISIONS
Minimum Living Wanes:
A requirement that Employers pay qualifying employees a wage of no less than $10.30 per hour
with health benefits, or $11.55 per hour without health benefits.
Paid and Unpaid Days Off:
Employers provide qualifying employees at least twelve compensated days off per year for sick
leave, vacation, or personal necessity, and an additional ten days a year of uncompensated
time for sick leave.
No Retaliation:
A prohibition on employer retaliation against employees complaining to the City with regard to
the employer's compliance with the living wage ordinance. Employees may bring an action in
Superior Court against an employer for back pay, treble damages for willful violations, and
attorney's fees, or to compel City officials to terminate the service contract of violating
employers.
Juarez, Debbie
From: Arriola, Justin
Sent: Monday, September 24, 2012 7:46 AM
To: Juarez, Debbie
Cc: Ortiz, Joyce
Subject: RE: INSURANCE INQUIRY - MELVYN GREEN & ASSOCIATES - RES. NO. 2012-182
Please be advised that MELVYN GREEN & ASSOCIATES has provided acceptable insurance coverage.
-----Original Message -----
From:'OuareZ, Debbie
Sent: Thursday, September 20, 2012 1:20 PM
To: Arriola, Justin; Ortiz, Joyce
Subject: INSURANCE INQUIRY - MELVYN GREEN & ASSOCIATES - RES. NO. 2012-182
Hi Justin. .Please let us know if the above -referenced company has valid insurance on file.
Thanks.
1
RECEIVED
AUG 2 9 2012
CITY ADMINISTRATION
DATE:
August 29, 2012
TO: Honorable Mayor and City Council
FROM: Samuel Kevin Wilson, Director of Community Services and Water
RE: Melvyn Green and Associates Inc. — Structural Plan Check Services
The City recently issued a Request for Proposals C RFP") to seek a consultant to perform structural
plan services on behalf of the City of Vernon's Building Department. Proposals were received from the
following firms:
CSG Consultants Inc
EsGil Corporation
Interwest Consulting Group
Melad and Associates
Melvyn Green & Associates Inc.
Plan Review Consultants, Inc.
SPS Plan Check Services hic.
VCA Code Group, Inc.
West Coast Code Consultants, hie.
Wildan Engineering
A selection committee was convened to review the proposals. An evaluation of each proposal was
made based on project approach, experience, consultant capabilities and references. Several consultants were
found to be well qualified to perform the work, however Melvyn Green & Associates Inc. proposal was found
to be superior in regards to its staff capabilities and experience. Melvyn Green & Associates Inc. has worked
with the City in the past and the City has not received any complaints in regards to their knowledge and
application of the building codes. In addition, the principal of the fi m's expertise in the field of structural
engineering in regards to existing building has been found to be unsurpassed.
It is therefore recommended that an agreement be approved to retain Melvyn Green & Associates Inc.
to perform structural plan check services on behalf of the City of Vernon's Building Department. A copy of the
proposal is attached herewith.
.. SKW
9� �y
`�'tty ,MOJ
COMMUNITY SERVICES & WATER DEPARTMENT
OFFICE MEMORANDUM
TO: Mark C. Whitworth, City. Administrator
FROM: Samuel Kevin Wilson, Director of Community Services and Water
DATE: August 29, 2012
SUBJECT: Melvyn Green and Associates Inc. — Structural Plan Check Services
The City recently issued a Request for Proposals C RFP') to seek a consultant to perform structural
plan services on behalf of the City of Vernon's Building Department. Proposals were received from the
following firms:
CSG Consultants Inc
EsGi1 Corporation
Intenvest Consulting Group
Melad and Associates
Melvyn Green & Associates Inc.
Plan Review Consultants; Inc.
SPS Plan Check Services Inc.
VCA Code Group, Inc.
West Coast Code Consultants, hic.
Wildan Engineering
A selection committee was convened to review the proposals. An evaluation of each proposal was
made based on project approach, experience, consultant capabilities and references. Several consultants were
found to be well qualified to perform the work, however Melvyn Green & Associates Inc. proposal was found
to be superior in regards to its staff capabilities and experience. Melvyn Green & Associates Inc. has worked
with the City in the past and the City has not received any complaints in regards to their knowledge and
application of the building codes: In addition, the principal of the firm's expertise in the field of structural
......engineering in regards to existing building has been found to be unsurpassed.
It is therefore recommended that an agreement be approved to retain Melvyn Green & Associates Inc.
to perform structural plan check services on behalf of the City of Vernon's Building Department. A copy of the
proposal is attached herewith.
SKW
Proposal for Plan Review Services
Prepared for
Community Services Department
City of Vernon
Vernon, California
Submitted by
Melvyn Green and Associates
Structural Engineers
May, 2012
Melvyn Green and Associates, Inc. 21311 Hawthorne Blvd., Suite 230, Torrance, CA 90503
{ Understanding of Needed Services
Vernon is a unique city in that it was formed to be industrial and to serve the
needs of industry. City services are geared to supporting that goal. Thus the over-
arching goal is to continue to serve the needs of the City as well as industry and
respond quickly to provide service. Plans must turn around quickly, customer
support is critical and gratuitous dissection of the plans needs to be avoided while
providing good quality review in an efficient and professional manner.
Melvyn Green and Associates, has provided such services for many jurisdictions
in Southern California and has provided plan check services for Vernon for over
35 years.
Building Code and Plan Review Experience
In recent years, Melvyn Green and Associates has provided plan check services
for the cities of Palos Verdes Estates, Rancho Palos Verdes, Hermosa Beach,
Redondo Beach, Beverly Hills as well as Vernon.
Experience includes the plan check of new buildings of steel, concrete, masonry,
and timber construction.
Existing structures are also included in this work. Plan review for strengthening
of unreinforced masonry (URM) building, concrete tilt -up buildings, as well as
steel and concrete frame buildings are just a part of the scope of work.
Other projects might involve tenant improvements, additions, and alterations on
existing buildings including a change of occupancy wherein floor and loads may
be increased.
Seismic evaluation of existing buildings is based on ASCE 31/FEMA 310.
Melvyn Green was the principal investigator in the development of these docu-
ments. ASCE 31 is valid for any type of existing building evaluation and may be
used to strengthen such structures to life safety and immediate occupancy levels.
California Existing Building Code (CEBC), found in Title 24, Part 10, is applica-
ble to most existing buildings while Appendix Chapter 1 is used for URM
retrofits.
Industrial activities in Vernon include checking for new equipment installations
such as tanks, towers, foundations, retaining structures, and roof top equipment.
Many of these installations involve hazardous materials, and require special atten-
tion during plan review. Monopole antennas are also included in the plan check
services.
2
Plan Check Procedures
The process for plan review is as follows:
Received plans are logged in and assigned an internal plan check number that is
cross-referenced to the City permit number.
Plans, along with calculations, soils report(s) and any other support documents,
are generally reviewed in the order received, but some special or rush jobs may be
moved to the immediate front of the plan check line.
A plan review comment list, based on a standard plan check comment/check list,
is used as the basis for the process. Over the years, this check list has been tai-
lored to fit the specific needs of the City. Plans may be "red marked" to pinpoint
comments where appropriate.
A typed plan review comment document is printed and the plans, submittals docu-
ments and review comment list are returned to the city. Shipping expense for the
return is paid by our office.
When the applicant responds to the comments with another submittal, the recheck
review is conducted. Typically this results in a structural approval letter to the
City stating that the plans meet the structural requirements of the adopted building
code.
In order to keep projects on track we may call the engineer directly to go over our
comments and try to resolve questions, conflicts or deficits over the phone. Once
the plans reflect all that is necessary for Code compliance, the structural approval
is forwarded to the City.
Plan check response time is typically one week, from the day it is received until it
is sent back to the city. Shipping is via UPS and has generally been next day de-
livery.
Some times special meetings may be held on prospective or proposed projects.
Usually this occurs at the Vernon City Hall but has also been at our office. Re-
checks at the building department counter are possible but have seldom been
necessary.
There have also been on -site meetings arranged by the City for observation of ex-
isting conditions that need special attention.
Geotechnical report review including liquefaction information is conducted. If the
report is incomplete for the site conditions presumed by the Seismic Hazards
Maps, additional information is requested. When the report is complete, an ap-
proval recommendation letter is given to the City in accordance with DMG 117A
(and the Seismic Hazards Mapping Act of 1990) for submittal, with the soils re-
port, by the City to the California Division of Mines and Geological Survey. A
list of soils and liquefaction reports that we have reviewed for the City of Vernon
is on file in our office.
We have provided disaster support for the city after the 1987 and 1994 earth-
quakes. Staff members are registered as part of the California Emergency Man-
agement Agency (CalEMA) Safety Assessment Program.
Other services provided have included assisting the City with review of code
change proposals and amendments for adoption.
Fee Schedule
Plan check charges are based on the plan check fee charged by the City.
The plan check fee :for structural plan review is 50% of the City's plan check
charge.
For projects where the City's plan check charge is less than $200, the structural
plan check fee is 80% of the City's fee. This is because most projects in this range
are small industrial equipment, tanks, or pipe systems.
Hourly rates for special, non -plan check meetings and special services are:
Melvyn Green, SE $200.00
References
George Chavez, Director of Building and Safety
City of Beverly Hills
455 Rexford Drive
Beverly Hills, CA 90210
310/285-1155
Sam Lee, Director of Building
City of El Segundo
350 Main Street
El Segundo, CA 90245
310/524-2346
Robert Rollins, Building Department Manager
City of Hermosa Beach
1315 Valley Drive
Hermosa Beach, CA 90254
310/318-0243
Personnel
Melvyn Green, Structural Engineer
Mr. Green has a Bachelor of Science in Civil Engineering, University of Arizona,
1960
Mr. Green holds registration as a structural, civil and fire protection engineer in
California.
He has been the Chief Engineer of Melvyn Green and Associates since 1972.
Prior to that he was Director of Building Safety for the City of El Segundo
He was a member of the drafting committee for the International Existing Build-
ing Code. He was the principal author of the Uniform Code for Building Conser-
vation (UCBC). He was principal investigator for the development of FEMA
310/ASCE 31.
Recent projects include earthquake damage repair and restoration of the San Ga-
briel Mission and buildings at UCLA. Other recent work includes the repair and
restoration of San Jose Mission and the strengthening of the Golden Gate Bridge.
Mr. Green is an instructor at the University of Arizona teaching the Timber and
Masonry design course He is also a Professor at Goucher College where he
teaches materials evaluation and conservation. He is Past -President of the Struc-
tural Engineers Association of California.
Loretta H. Duvall, P.E.
Loretta H. Duvall, PE, has provided structural plan review for Melvyn Green and
Associates for over 12 years. Prior to that, her work for the City of Santa Monica
and Charles Abbott Associates rounds out to 16 years working specifically in
building and safety, while her other structural experience in aerospace and bridges
brings her full engineering experience to 24 years following her Bachelor's of
Science in Civil Engineering from UC Irvine in 1979.
She is a registered Civil Engineer in California, an ICC-certified Building Plans
Examiner and a CalEMA DS W Safety Assessment Evaluator.
Recent Publications
Building Codes for Existing and Historic Buildings, Melvyn Green, 2011, J.
Wiley Publishers
FEMA Risk Management Series - FEMA 395 through 399 and FEMA 420. Incre-
mental Seismic Rehabilitation of Buildings of Various Occupancies.
Partial Plan Review List
City of Vernon
Department of Building and Safety
Structural Plan Review
May 15, 2012 May 16, 2012 (type date in black, then delete red auto date)
Project Address: Owner / Tenant
ADDRESS Blvd. Ave. Street
Vernon, California 90058
Reference: City Building Permit # 88-
Code: 2010 California Building Code & 2009 IBC
Description: New in Existing Building
STRUCTURAL REVIEW COMMENTS
1. Note on plans that all work shall conform to the 2010 CBC as adopted by the City of Vernon
with LARUCP* amendments.
Clarify the specific editions of code and reference standards used:
a. Note on the plans that all work shall conform to the 2010 CBC with LARUCP* amendments.
b. Where the words `latest editions" are used in conjunction with a reference standards, the
specific edition needs to be specified somewhere in the plans to clearly define the design
criteria used. This is applicable to
3. Coordinate the project address on the permit application with the address shown on the plans,
soils report, and calculations.
Q
INSULATED PANELS
Where the insulated ceiling panels are suspended from the roof structure, let the calculations
show that the weight of the suspended ceiling Wp is not less than 4 psf, per Sec. 13.5.6, ASCE 7-
05.
6. Show by calculation that the existing roof structure is capable of carrying the new suspended
ceiling loads.
7. The new insulated freezer/coolers and the existing building have different seismic rigidities, and
may therefore act in an opposing manner. Identify on the plans a structural gap between the
insulated panel walls and the exterior wall of the building, or design for pounding. Coordinate
the size of the gap with the sum of the drift calculations of both structures.
8. Clarify on the plans if structural gap is to be provided between new and existing structures.
Coordinate the size of the gap with drift calculations.
* Los Angeles Regional Uniform Code Program
9. Where in the calculations has drift been checked? Clarify that there is adequate structural gap
between the freezer/ cooler installations and the adjacent exterior building walls to allow the
different structures to respond independently to seismic accelerations without pounding one
another. If they are fastened together, all connections must consider the masses working together.
CALCS
10. Identify the design criteria on the plans, including the following:
a. DL & LL
b.
11. Specify design criteria on the plans.
a. Note on plans that all work shall conform to the 2010 CBC with LARUCP* amendments.
b. Identify DL & LL.
c. Identify all seismic factors, including occupancy category, spectral response coefficients Si)s
and Sol, I, R, p, etc.
d. Even when not critical for lateral loading, identify all wind factors, including basic wind
speed (3-second gust), exposure, wind importance factor I, occupancy category, and the
applicable internal pressure coefficient, (and the design wind pressures to be used for the
design of exterior component and cladding materials).
12. Show on plans the following structural design information, per Sec. 1603, CBC:
a. DL and LL
b. Ground snow load, P.
c. Basic wind speed (3-second gust) and wind exposure
d. Seismic design category and site class
e. Flood design data
f. Thermal factor, C,
13. Coordinate loads shown in the calculations with those specified on the plans.
14. Show in the calculations that the Wx beam near the conveyor is capable of supporting a point
load near mid -span from the TS beam.
15. Show in the calculations that loads are adequately transferred through cantilevered ends of
beams, including the following locations:
a. The cantilevered tip of the W 16x beam that supports Include wall or critical guardrail
loads.
b. At 6'6" cantilevered end of W 12x
16. Show in the calculations that CS is not less than 0.044 Sos I, nor less than 0.01, per LARUCP
amendments to ASCE 7-05, Eqn. 12.8-5.
VERTICAL DESIGN & CONNECTIONS
17. Identify connection details for the following locations:
a. Wx to
b. Beam to column connections at Grid
18. Red marks have been made on this check set of plans and calculations for clarity. Refer to these
red marks for any additional incidental remarks.
19. Red marks have been made on this check set of plans and calculations for clarity. Returning the
check set(s) along with the next submittal will facilitate a quicker recheck.
20. PROVIDE AN ITEMIZED RESPONSE LETTER LOCATING ALL CORRECTIONS.
21. PLEASE RESUBMIT THIS CHECK SET OF PLANS AND CALCULATIONS, AND THE
CORRECTIONS LIST, WITH YOUR NEXT RESPONSE.
Checked By: LHD
MGA Plan Check N: 12-
TANKS
22. Tanks and vessels supported at the base are to be designed using See. 15.7, ASCE 7-05.
a. Clarify where the anchorage meets the specific requirements of Sec. 15.7.5, ASCE 7-05.
b. Clarify where in the calculations sloshing is taken into consideration, per Sec. 15.7.6, ASCE
7-05.
PIPE RACKS
23. Pipe racks are to be designed using Sec. 15.5.2, ASCE 7-05. This design includes a deflection
amplification factor, Cd. (Where pipe racks are supported at the base ol'Ihe sunCRIN. and displacements ol'the rack and
potential for interaction (pounding) need to be considered.)
24. Clarify the attachments and the maximum spacing for those attachments:
a. Identify on the plans the type of pipe support (as suggested by the legend on P-3.0, typ.).
b. Clarify the maximum height of the wall -mounted pipe supports in Detail PS-3/ S-6A.
c. Provide pipe support installation detail (Detail K/S-6?), as called -out on Sheet S-2A.
d. Clarify where Detail PS-2/ S-6A is used. If not a part of this installation, please strike -out
from plan set.
25. Clarify if lateral sway has been considered for PS-1 type pipe supports.
a. Clarify on the plans the maximum length of drop from roof framing connection to pipe
trapeze.
b. Clarify how the pipe support design relates to Sec. 13.6, ASCE 7-05.
c. If lateral bracing is to be provided, specify on the plans.
d. If calculations are provided, clarify where they are to be found.
26. Where in the calculations have the XXX been designed using Sec. XXX, ASCE 7-05?
Steel storage racks, Sec. 15.5.3
Structural towers for tanks and vessels, Sec. 15.5.5
Stacks and chimneys, See. 15.6.2
Elevated tanks and vessels for liquids and granular materials, Sec. 15.7.10
Resumes
M
GREEN
Melvyn Green, P.E.
President and Chief Engineer
Melvyn Green & Associates, Inc.
21311 Hawthorne Boulevard
Suite 230
Torrance, CA 90503
(310) 792-9252
(310) 792-8092 FAX
e-mail mgreenassoc@earthlink.net
www.mgreenassoc.com
Education
BS, University of Arizona, Tucson, Civil
Engineering, 1960
Post -graduate study at University of
California, Los Angeles, Loyola University,
and the University of Southern California
Professional Registration
Civil and Structural Engineer - California,
Arizona, Nevada, New Mexico, Oregon
Holder of NCEE Certificate
Licensed Fire Protection Engineer, California
Professional and Business History
1972 to Present - Melvyn Green & Associates,
Inc.
1963 to 1969 - Director of Building and
Safety, City of El Segundo
1960 to 1962 - California Division of
Highways, Bridge Department
Project Experience
Historic Preservation and Materials
Conservation:
Greystone Mansion (1927)- Consultant to
the City of Beverly Hills for the rehabilitation
of this city park structure including seismic
retrofit and accessibility improvements,
complete site design and adaptive use
elements.
Royce Hall (1926)- Reviewed the damage to
the exterior brick and terra cotta elements,
interior walls and the auditorium resulting
from the 1994 Northridge Earthquake.
Designed structural repairs and retrofit of non-
structural elements including the grand ceiling
in the auditorium. Work also included review
of all major structural work to ensure that the
repairs and strengthening did not compromise
the historic fabric.
Melvyn Green resume 2-12.doc March 1, 2012 Page I
Melvyn Green, P.E.
Melvyn Green & Associates, Inc.
Powell Library (1928). Consultant for
preservation of the historic stenciled plaster
ceiling including repair, cleaning and seismic
stabilization. Work received the Governor's
Award for Historic Preservation (1996).
Golden Gate Bridge (1937), Historic
preservation consultant to the project team
undertaking the seismic rehabilitation of the
bridge. Work involves providing suggestions
and review of design options in keeping with
the bridge's historic character and the
presentation of plans to various permitting
agencies such as BCDC and CalTrans for
approval. Also assisting in the development of
concrete repair methods for pylons and cable
housing.
Seismic Strengthening and Historic
Preservation
San Gabriel Mission (1791-1805) - Work on
scone and adobe building structures included a
historic structures report for the Mission
Church and original rectory and the design,
construction documents and construction
management for seismic strengthening of
seven buildings on site. Project received
Special Structure Award from California
Engineers and Land Surveyors Council (1995).
U.S. Mint Building, Carson City, NV -
(1869.70)- Site of the Nevada State Museum,
the project included recommendations for
temporary seismic hazard reduction treasures
and seismic retrofit, design, plans and
specifications.
Hollyhock House (1921) Restoration of
Frank Lloyd Wright structure damaged in the
1994 Northridge Earthquake. Work has
included seismic evaluation and hazard
mitigation and design, construction
documents, and construction management of
the temporary and permanent seismic
strengthening. Additional work entails the
coordination with the Barnsdall Art Park
restoration team in the evaluation of structural
and historic elements of the six other park
building and the site landscaping.
Melvyn Green, P.E.
Melvyn Green & Associates, Inc.
The Presidio Trust - National Park Service,
San Francisco - Consultant to the Trust for
the development of a compliance process for
management of the development of over 750
park buildings. This process is unusual in that
it includes a one -stop permitting process,
provides traditional and historic preservation
design requirements, and is sensitive to the
needs of the developer as well as the
preservation of the resource.
Beverly Hills Safety Element Update -
Design and implementation of an office and
field survey of all commercial and multi -family
buildings in the City for seismic, fire safety and
land use inventory. When complete this will
be the first survey of its kind, identifying and
centralizing information on life safety issues,
including rapid seismic screening,
identification of building type and
construction, occupancy and parking data, as
well as providing a photographic record of
each building. The survey results will be used
in the updating of the Safety Element of the
City Plan.
Force Protection and Hardening of
Buildings:
Navel Post -Graduate School, Monterey
Prepare report on options to retrofit a wood
frame historic building against various
explosive device threats.
Oklahoma City — Murrah Building Attack
Support the State Historic Preservation
Officer by inspecting buildings damaged in
the bomb blast, identifying retrofitting and
repair options.
National Conference on Protection of
Historic Buildings from Terrorism — Present
discussion on methods to prepare buildings
for possible attack damage without
damaging the historic features.
Melvyn Green, P.E.
Melvyn Green & Associates, Inc.
Building Codes and Research Projects
International Existing Building Code —
Member of the drafting and administrative
committee for development of a new code
based on the International Conference of
Building Officials, Uniform Code for Building
Conservation.
NEHRP Handbook for Seismic Evaluation
of Existing Buildings (FEMA 310ASCE 31)
- Principal investigator on project to update
the widely used NEHRP Handbook for the
Seismic Evaluation of Existing Buildings
(FEMA 178). The work will encompass user
experience, lessons learned in recent
earthquakes, and advances in structural
engineering. Specific revisions to the
handbook include extending the evaluation
criteria beyond the life safety level of
performance to allow users to evaluate
essential facilities and control damage,
developing criteria for buildings in lower
regions of seismicity, and incorporating
deformation analysis techniques.
Recent International Projects
U.S./Pakistan Earthquake Relief and
Research Project — Project leader for US team
to identify building strengthening and to
develop a research agenda for earthquake
recovery. (2005.2006)
U.S./India Lifelines Project — Assist as a peer
reviewer for seismic retrofit projects for the
Delhi government. Buildings include low-rise
buildings from the British era as well as
modern Indian Government structures. (2005-
current)
Morocco Seismic Design Code — Member of
an international advisory team to the
government of Morocco regarding earthen
buildings and seismic safety. 2005
Government of Israel — Seminars on Seismic
Retrofit of buildings 2010
Recent Publications and Standards
"Building Codes for Existing and Historic
Melvyn Green, P.E. Buildings", John Wiley Pub. 2011
Melvyn Green & Associates, Inc.
FEMA Incremental Rehabilitation Series
(FEMA 395.399) 2004.2006
Engineers Guide to Incremental Seismic
Rehabilitation — FEMA 420 — Currently being
finalized, 2009
"Handbook for the Seismic Evaluation of
Existing Buildings" FEMA 310 — ASCE 31
Standard, American Society of Civil Engineers
"Enduring Lessons from the San Fernando
Earthquake — Unreinforced Masonry" —
Earthquake Engineering Research Institute
1996
"NEHRP Guidelines for the Seismic
Rehabilitation of Buildings" — ASCE/FEMA
273 Prestandard Contributor - April, 1999
"Code Provisions for Unreinforced Masonry
Bearing Wall Buildings in California" —
American Society of Civil Engineers
Professional Organizations
Structural Engineers Association of California
Past president
International Code Council, Inc. — Code
Drafting Committee member, 2000.2006
Earthquake Engineering Research Institute
Board member, 2000
American Society of Civil Engineers —
committee chair
American Society for Testing & Materials
International Code Council
Association for Preservation Technology
Teaching
Goucher College Masters Program —Professor
Historic Materials Conservation
Melvyn Green, P.E.
Melvyn Green & Associates, Inc. University of Arizona — Instructor for class in
Design of Timber and Masonry Buildings.
University of Southern California — Summer
Institute Historic Preservation Program —
Instructor for structural and building code
sessions
Recent Awards
California Preservation Foundation Award —
2005 Preservationist of the Year
California Preservation Foundation Award —
2006 Cabrillo Bridge Repair, San Diego
Governor's Preservation Award
UCLA's Powell Library, 1996
Royce Hall, UCLA, 1998.99
Los Angeles Conservancy Award -2008
Frank Lloyd Wright's Ennis House earthquake
damage repair project.
California Preservation Foundation Award-
1996 - San Gabriel Mission Complex and
Church
Los Angeles Conservancy Award - 1998
Arroyo Seco Bridge, Santa Fe Railroad
GREEN
Loretta H. Duvall, P.E.
Melvyn Green & Associates, Inc.
21311 Hawthorne Boulevard
Suite 230
Torrance, CA 90503
(310) 792.9252
(310) 792-8092 FAX
email - mgreenassoc@earthlink.net
www.mgreenassoc.com
Education
BS, University of California, Irvine
Civil Engineering, 1979
Professional Registration
Civil Engineer - California
[CC Certified Plans Examiner
CalEMA DSW Safety Assessment Evaluator
Professional and Business History
1999 to Present - Melvyn Green & Associates,
Inc.
1997 -1999 Building and Safety, City of Santa
Monica, Plan Check Engineer
1994 -1995 Charles Abbott Associates, Inc. -
Structural Plan Check Engineer
1985 - 1987 Douglas Aircraft Co., Special
Products - Engineer/Scientist Specialist
Project Experience
Structural Plan Review - Review plans and
calculations for a diverse number of projects
submitted for building permit issuance in six cit-
ies. Plans reviewed include industrial and manu-
facturing structures, commercial and residential
buildings with new, added, modified, retrofit,
remodeled, or re -purposed structures or installa-
tions. Also review soils reports for liquefaction or
landslide sites; and review/ recommend numer-
ous building code amendments for adoption by
City. Site work includes counter service for
over-the-counter plan check, at -risk building sur-
vey, and predesign/ preconstruction building
inspection.
Plan Check Engineer - Administration of City
of Santa Monica's mandatory retrofit program for
soft -story and URM construction. Reviewed new
and historic projects including: Miles Playhouse,
Casa del Mar and the Gap. Also wrote local
code to be adopted by the City Council with
adoption of the 1997 UBC and 1998 CBC.