HomeMy WebLinkAbout1980-08-19; City Council; Resolution 62791
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RESOLUTION NO. 6279
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING
AN AGREEMENT BETWEEN THE CITY OF CARLSBAD
AND ESGIL CORPORATION FOR BUILDING PLAN
CHECK SERVICES AND AUTHORIZING THE MAYOR
TO EXECUTE SAID AGREEMENT.
The City Council of the City of Carlsbad, California, does
rereby resolve as follows:
1. That the previous agreement between the City of Carlsbad
md ESGIL Corporation, approved by Resolution No. 6123 adopted
[arch 18, 1980, is terminated.
2. That the certain agreement between the City of Carlsbad
tnd ESGIL Corporation for building plan check services, a copy
)f which is attached hereto marked Exhibit A and made a part
iereof, is hereby approved.
3. That the Mayor of the City of Carlsbad is hereby
iuthorized and directed to execute said agreement for and on
iehalf of the City of Carlsbad.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
5ty Council of the City of Carlsbad, California, held on the
-day of ~,~~~~t , 1980 by the following vote, to wit:
AYES : Council Members Packard, Casler, Anear, Lewis and Kulchin
NOES : None
ABSENT: None
ATTEST :
A. 2
ALETHA L. RAUTENKRANZ, City Clerk
(SEAL)
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WON< FOR EUILDLNG PL*L?J CMECCK SERVICES -
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. THIS CONTRKT is made by City of Carlsbad a. thnicipal .
Czlif ornia Corporation, fierekmfter called "Contractor".
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.c TLVEREAS~ City desires co employ the services OL Contrzctax . .. 0 .-
a 'to review and check for corr:dctness the design calculations, $Ian~,
:ax& material specificztZons for cer'czirr- buildings proposed .for
.. .. - . construction within the City. .- ._ .' -. . . \?&%F~LS, City 'desircs Lo obtzh pl2.n checking Contractor
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.services at no cost to the Caxpaper; and
IJEfEREliS City desires all. payments to. the Contr~ctor be fu1X.y
. funded by using ody a portion. of the .<. plan check fee paid >yj. . '.
. facility; and
'IWXE:AS, the City desires to have design calculations, plans, ,..'
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' , and katcrial specifications. for certain builclings proposed for
I cons tructian revicwccl by Contractor within guarantccrl timc periods
cclua3. to 03: more prompt: than present: wilviw tines; and
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’ WZZEKEAS, City desires .to fosrer unifomity among
government agencies by having a single non-gokrnmental agency
uniformly zpply mandated’life-safety regulations;’ ;md .
.. WEREAS, the Ciry wishes to moid confli.ct of Lnterest
problem by contracting with ’a corporation thafi provides
.. services exclusively to government agencies; end . L
-. WHEREAS, the City wishes to have professional-
technical regulatory resources available during periods of
Mgh workload, staff turnover and loss of trzined staff; and
WHEREAS, the City wishes to contract for services with
an entity directed by persons experienced and Icnowlcdgeable
5.n building :code interpretation and application; and
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. tJZIEEAS, the two founding directors of the eontraceor
I- -. Corporation are both Professional Engineers (Civil) and have
served fifteen and thirteen years 5-n high level. regulatory
managernent positions in government related to-building
‘inspect-,ion and County engineer functions ; and
IEdEREAS the Contractor is willing to accept employment
by the City far the Contractor’s services in accordance with
* this contract. Q
NOiJ, T’;IEF’,EFORE, in consideration of the prcmises and
.mutual convenants and agreements herein contained, it is
agreed between the parties hereto as follows:
in a contractual capaci:yJ to review and check for correctness
the design calculations, plans , and materizl specifications in
accordance with es tabliskcd regulatory zgency plan checking
practices for certain buildings proposed for construction within
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I .. fhe City with said work to 'be performed within the tems a~cl
- conditions hereinafter set Eorth.
SECTION '2 a CONFLICT OF INTEXEST
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The Cbntractoy'expressly affLxms that neither the Contractor
. Corporation or any of its officers or directors will. perform
work or provide services to entities other thm government
entities during the time this contract is in force Ln order to
ensure the'City that the Contractor will not have a conflict of
interest in discharging the work. covered by this cont.ract.
SECTLOi; 3. DUTIES OF CO>?ITu%C'?O3.
The Contractcr shall provide , in es tabxished wr!;mmlik&
. and professional mznner, 2nd at its own cost and expense, all
.Labor, teclmical, administrative, professiond. and othcr personnel,
all supplies and materials . equipment ,. printing, vehicles I
'twansport2tionJ office space and fzcilities and all analysesl
calculatiocs, and a11 other resources whztsoevcr, except as herein.
othen7ise expressly specified to be furnished by the City necessary
or proper to perform the. specified work required by this contract.
a. Revicw and check for completeness and correctness, based
upon the Uniform Building Code, Uniform Mechanical Code,
National Electrical Code,Unifowm Plumbing Code, State
Handicapped Rcquirernents State NO~S~ 2nd Energy
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Regulations m @ dated by the Szate of Cz. or: ornia a
as adopted by the City, the design of certain designated.
buildings as defined by the design calculations, drawings,
specifications 2nd reports of the designated buildings
and perform rechecks of corrected plans.
Develop and Eaintain mitten. lists of corrections need-ed
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to have the plans comply with the specified rcgu2atLons.
Xransmit .such correction lists to, and consult with, the'
City Building Of&icizl as necess;3ry, in order to
clarify the corrections to be made by the designer of the
building to achieve confomance with regulztions .
Provide City with a letter indicating that, in the
Contractor's opinion, the plans have been found to be
sti'b'stantially correct' and complete based upon the
. regulations when the: Contractor's plan check, or recheck,
confirms thzc the plsns are in conformance.
"he Contractor shall maslmize the use of appropriate
prose materials, lists of critical code sectFons,
specification sheets and construction detail sheets :
€or incorporation in the applicznt's plans and
specificztions in order to expedite the plan approval
process while ensuring that 'the approved plens z<e
comp let e.
Pickup Erom the City facility each Mondq- 2nd Thursday
plans to be plan checked and deliver previously plan
checked or rechecked plans.
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- SECTION 5. DECISION AUTHORITY OT WE CITY BIUILDXNG OFFICIAL
* The Contractor agrees to perform all work to the satisfaction
of the City Building Official and the City Building Official has
final decisi.on authority t6 negstte or modify any requirements or
decisiais perceived by the Contractor 'to be necessary to achieve.
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. compliance with the regulations.
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~ ' SECTION. 6. PEPCFORILAKCE LIAISON AXG CRITIQUE -.
me' City Building Or'€icial will meet monthly with the
Contractor to advise the Contractor sf new City ox: state
legislation that might impact the Contractor's work 2nd to
critique the prior work procedures and iden t i fy areas where
modifications io the procedures used by the Contractor and City
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SECTION 7. BtrTZZS OF C1"Y .
"he City shall provide at a designated lacation in'the
City facllity tt~o sets of building pla~s for each project to be
picked up and checked for
. a11 calcalations, reports
ccinpliznce by the Contractor, including .
and attachments necessary to allow
plan checking to commence.
'up or cfelivercd by Contractor on Pfonday and TSursday of each week.
City shall receipt for plans picked
The City shall provide to the Contractor, and maintain
. a'supply to the Contractor, all current forms and informational
* passouts detail sheets, fee calculation s'heets and other printed
material normally used by City staff in the p1.m chccking process
.. 'and as attachmcnts to applicant plans to provide construction or
' specification details or initructions to the* applicant.
The City shall be responsible for ensuring compliance with any
other laws and or'dinanccs pertinent to proposed building construction
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* except those technical regulations contained in the four model
codes and noise, handicapped and energy regulations described
and assigned to the Contractor in Section 4 of this document..
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SECTION 8. TIME LIMITS FOR CONTRACTOR'S PERFORMANCE-
. The Contractor agrees to perform the work delineated herein .
within the following time limits:
Initial plan check and development of corrections neede'cl for
code compliance:
Workdays
' Initial Check- Recheck
Single faniily dwelling 7 3
Dupl ex dwell i ng 7 3
Three to eight unit dwelling 7 .3
Nine to thirty-six unit dwelling 7 3
More than thirty-six unit dwelling 7 3
Non-dwelling projects 15 liC
SECTION 9. ASSiSNMENT OF WORK TO CONTRACTOR
The City and Conzractor agree that the amount of work assigned
to the Contractor durfn; the life of the contract shall be determined
at the discretion ~f the Building Director.
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SECTION IO. PLA'fi CHECKS WHERE NO FEE IS ADEQUATELY - COVERED
IN THIS CONTRACT.
Contractor agrees to provide individual plan check service in
specific areas not herein covered. Fee shall be based on an hourly
rate to he mutually agreed upon by the Contr'actor and Building Official
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prior to performing the work.
SECTION 11. COMPENSATION TO THE CONTRACTOR -.
The City shall calculate and collect the plan checking fee
$et forth in the appropriate State mandated edition of the Uniform
Building Code. The valuation multipliers used for fee calculation
shall be those valuation modifiers published in the Tnternationa?
Conferefice of Building Officials Magazine in their first publication
.after-thc beginning of each calendar year with the effective date of
change in valuation modifiers being July 1 of each calendar year,
Valuation modifiers not specifically published in the magazine
shall be as agreed upon by the City and Contractor.
The Contractor's compensation shall be eighty percent of the
plan checking fee collected by the City using the above described
criteria for calculating the code specified City plan Check'ing fee.
For proposed construction of repetitive buildings, such as in housing
tracts, apartment complexes or industrial tracts, the Contractor's
compensation will be as stated above for each basic building plan
and the Contractor's cmpensation for additional identical proposed ..
buildings for which ?73n checking fees are collected at the same
time shall be twenty percent of the plan checking fee co1,fected by
the City for each buiiciing.
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Notwithstanding zny language in this agreement to the contrary,
no extra work shall be undertaken or compensation for extra work paid
without the prior approval of City.
City shall also reimburse Contractor's costs for extra work
for outside hired coniputer services utilized in connection with
computer checking of structural calcudations upon the presentation
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of satisfactory evidence regarding these costs and the City shall
recover such costs from the applicant prior to permit issuance.
Where planss and reports attendant to the plans, propose
uniqrne engineering criteria beyond the expertise of the Contractor
or City staff then the Contractor may, upon approval of City, obtain
expert advice from recognized experts in the particular area of
concern with 'the charges invoiced to the City by the expert t0.b.e
collected by the City from the applicant prior to permit issuance.
The City shall pay the expert.
.SECTION 72. TIMELINESS OF PAYMENTS TO THE CONTRACTOR
The Contractor shall submit on the fitst work day of each month
an invoice for the prior month, showing in detail the projects that
(1) have been initially plan checked and returned 'to the City, and (2)
data related to other chargeable costs under this contract.
City shall mail or otherwise deliver payment of approved invoiced
The
charges prior to the tenthlwork day of the month
submitted. *.
the invoice was
SECTION 7 3, CSYTRACTOR PERFORMANCE DOCUMENTATION '
The Contractor skzil note with the return of each plan to the
the day of ths week and,date it was received by the City,
(2) the day of the week and date the Contractor was infornlcd it was
available for pickup by the Contractor, (3) the day of the week and
date it was picked up by the Contractor, (4) the date and day of the
week it was first plan checked by the Contractol- and returned to the
City and
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(5) repetitive data pertinent to second and third plan reviews.
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’ SECTION 14. NOTICE Of INTENTION TO TERbtTNATE CONTRACT
Either party may give Notice of Termination of Contract by
giving thirty (30) days written notice of Intention to Terntjriate ‘L
contract. . The Co.ntractor shall be compensated in accordance‘ with -
the terms of this contract, pro rata, for work in process in the
. event of termination.
S’ECTION 15. WOLD HARMLESS AGREEMENT
The City, its agents, officers, and employees shall not be
Jiable for any claims, liabilities, penalties, fines, .or any
damage ‘to goods, properties, or effects of any person whatever,
nor for personal injuries or death of any person arisl’ny out of
or resulting directly or indirectly from any act, error or.
omission of Cantracter or Contractor’s agents, employees or
. representatives. Contractor agrees to indemnify and saie free
and harmless the City and its authorized agents, officers, and
employees against any of the foregoing liabilities or clainis of
any kind and any cost and expense that is incurred by the City .
on account of any of the foregoing liabilities, including
liabilities or claims by reason of alleged defects in any plans
and specifications, unless the liability or claim is due, solely
to the City’s negligence.
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SECTION 16. XNSURRMCE
Cdntractor shall obtain and maintain a policy of fiab-i?ity
insurance from an insurance company authorized to be in business in
the State. of California, in an insurable amount not less than one
million dollars ($l,OOO,OOO>. This insurance shall be in force
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. during the ’life of this agreement and shall not be cancelled
without,ten (IO) days prior notice to City.
The City’shall be named’as an additionally insured on this
policy. Contractor shall furnish a certificate of said insurance
to City upon request. ..
SECTION 77. EXTRA WORK
Contractor, in performing his services, shall not do extra
r work in excess of this agreement without the wri-t-tcii permission of
the City or t’ts designated representative,
SECTION 18. WORKING DAY DEFINITION
For the purpose of measuring plan check performanceg the
working days specified in Se,ction 8 exclude the work day ihe
Contractor is notified the plans are ready for pickup, buk
1 Jnclude the day plans are delivered to the City by the Contractor.
Work days do not include Saturdays, Sundays, or City holidays.
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SECTION *79. DURATION OF CONTRACT
The duration of this contract is continuous unless terminated . in writing by either party.
IN WITNESS WHEREOF, the parties hereto have executed this
agreement on the J/J~ day of PUGUS7 , 5980.
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I CITY OF CARLSBAD, a mun-icipa’l
corporation of the State of California
ATTEST:
RONALD C. PACKARD, Mayor
ALETHA L. RAUIENKRAKZ City Clerk
ESGLL corporation, a California Corporation
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APPROVED AS TO FORM:
BY
VINCENT F. BIONDO, J2.: City Attorney
City Attorney