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HomeMy WebLinkAbout1990-04-17; City Council; Resolution 90-105( 1 2 3 4 5 e e RESOLUnON NO. 90- 105 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAj CALIFORNIA, APPROVING AN AGREEMENT BETWEEN THE CITY OF CA AND ESGlL CORPORATION FOR BUlLDlNG PLAN CHECK SERVlC AUTHORIZING THE MAYOR TO EXECUTE SAlD AGREEMENT. The City Council of the City of Carlsbad, California, does hereby re' 6 1) follows; 7 !i 1. That the previous agreement between the City of Carlsbad an( 8 9 CORPORATION, approved by Resolution No. 6279 adopted August 19, 1o // terminated. 11 2. That the certain agreement between the City of Carlsbad ant 12 15 14 marked Exhibit A and made a part hereof, is hereby approved. l3 CORPORATION for building plan check sewices, a copy of which is affachet 3. That the Mayor of the City of Carlsbad is hereby authorized and din ll execute said agreement for and on behalf of the City of Carlsbad. 16 17 PASSED, APPROVED AND ADOPTED at a regular meeting of the City Cc 18 the City of Carlsbad, California, held on the 17th day of April , 799. 19 1 following vote, to wit: 20 AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and Larso. 21 22 23 24 25 26 NOES: None ABSENT: None ATTEST: 27 23 ALETHA L. RA (SEAL) e 0 CONTRACT AND STATEMENT OF WORK FOR BUfLDING PLAN CHECK SERVICES THIS CONTRACT is made by Cify of Carlsbad a Municipal corporation, hereil called "Cityl and ESGlL CORPORATION, a California Corporation, hereinafter callec "Contractor". RECITALS WHEREAS, City desires to employe the services of Contractor to review and chec, for correctness the design calculations, plans, and material specifications for certaii buildings proposed for construction within the City. WHEREAS, City desires to obtain plan checking Contractor services at no cost tc the taxpayer; and WHEREAS, City desires all payments to the Contractor be fully funded by usins only a portion of the plan check fee paid by applicants for plan checking propose( building construction; and WHEREAS, City desires to have the cost of the Contractor services be less thar the plan check fee paid to the Contractor in order to provide money to offset the cost 0. City staff performing clerical and administrative duties related to plan approval; and WHEREAS, City wishes to reduce applicant waiting times regarding plan checl; and plan recheck at the City permit issuance facility; and WHEREAS, the City desires to have design calculations, plans, and materia specifications for certain buildings proposed for construction reviewed by Contractor within guaranteed time periods equal to or more prompt than present review times; ana 0 0 WHEREAS, City desires to foster uniformity among government agencies by havin a single non-governmental agency uniformly apply mandated life-safety regulations; an WHEREAS, the City wishes to avoid conflict of interest problems by contractin with a corporation that provides services exclusively to government agencies; and WHEREAS, the City wishes to have professional-technical regulatory resource available during periods of high workload, staff turnover and loss of trained staff; and WHEREAS, the City wishes to contract for services with an entity directed h persons experienced and knowledgeable in building code interpretation and application and WHEREAS, the two founding directors of the Contractor Corporation are bob Professional Engineers (Civil) and have each served more than twenty years in high lev€ regulatory management positions in government related to building inspection anc County engineer functions; and WHEREAS, the Contractor is willing to accept employment by the City for tht Contractor's services in accordance with this contract. NOW, THEREFORE, in consideration of the promises and mutual covenants ant agreements herein contained, it is agreed between the paflies hereto as follows: SECnON 1. DESlGNAllON OF CONTRACTOR City does hereby appoint ESGIL CORPORATION as Contractor, in a contractua capacity, to review and check for correctness the design calculations, plans, anc material specifications in accordance with established regulatory agency plan check practices for certain buildings proposed for construction within the City with said work 2 e e to be performed within the terms and conditions hereinafter set forth. SEC77ON 2. CONFLICT OF IN7€REST The Contractor expressly affirms that neither the Contractor Corporation or any its officers, directors and employees will perfarm work or provide services to entitit other than government entities during the time this contract is in force in order to ensul the Ciiy that the Contractor will not have a conflict of interest in discharging the woi covered by this contract. SECTION 3. DlJ77ES OF CONTRACTOR The Contractor shall provide, in established workmanlike and professional manne and at its own cost and expense, all labor, technical, administrative, professional an other personnel, all supplies and materials, equipment, printing, vehicles, transportatior office space and facilities and all analyses, calculations, and all other resource whatsoever, except as herein otherwise expressly specified to be furnished by the Cii necessary or proper to perform the specified work required by this contract. SECTION 4. WORK REQUIRED BY CONTRACTOR a. Review and check for completeness and correctness, based upon th, Uniform Building Code, Uniform Mechanical Code, National Electric Code Uniform Plumbing Code, State Handicapped Requirements, State Nois' and Energy Regulations mandated by the State of California, as adopted b the City, the deaign of certain designated buildings as defined by th design calculations, drawings, specifications and reports of the designatec buildings and perform rechecks of corrected plans. 3 e a 6. Develop and maintain written lists of corrections needed to have the plan comply with the specified regulations. C. Transmit such correction lists to, and consult with, the City Building Officii as necessary, in order to clarifjt the corrections to be made by the designc of the building to achieve conformance with regulations. d. Provide City with a letter indicating that in the Contractor's opinion, th plans have been found to be substantially correct and complete basel upon the regulations when the Contractor's plan check, or rechecl confirms that the plans are in conformance. e. The Contractor Shdl maximize the use of appropriate prose materials, list of critical code sections, specifications sheets and construction deta, sheets for incorporation in the applicant's plans and specifications in orde to expedite the pllan approval process while ensuring that the approvec plans are complete. f. Pickup from the City facility each Monday and Thursday plans to be pla, checked and deliver previously plan checked or rechecked plans. SECnON 5. DECISION' AUlUORlTY OF THE CITY BUILDING OFFICIM The Contractor agrees to perform all work to the satisfaction of the City Buildins Official and the City Building Oficial has final decision authority to negate or modiw an] requirements or decisions perceived by the Contractor to be necessary to achievt compliance with the regulations. SECllON 6. PERFORMANCE WSON AND CRmQUE 4 0 e The City Building Officii21 will meet monthly with the Contractor to advise th COnfrixfOf of new cify or State iegislation that might impact the Contractor’s work an< to critique the prior work procedures and identify areas where modifications to fh procedures used by the Contractor and City are desirable. ECl7ON 7. DU77ES OF CrrY The City shall provide at a designated location in the City facility two sets t building plans for each project to be picked up and checked for compliance by th Contractor, including all calculi2tions, reports and attachments necessary to allow pla checking to commence. City shall prepare receipt for plans picked up or delivered b Contractor on Monday and Thursday of each week. The City shall provide to the Contractor, a supply of all current forms anc informational passouts, detail sheets, fee calculation sheets and other printed materig normally used by City staff in the plan checking process and as attachments to applicar; plans to provide construction or specification details or instructions to the applicant. The City shall be responsible for ensuring compliance with any other laws an1 ordinances pertinent to proposed building construction except those technica regulations contained in the four model codes and noise, handicapped and energ regulations described and assigned to the Contractor in Section 4 of this document. SECTION 8. TIME LlMnS FOR CONTRACTOR’S PERFORMANCE The Contractor agrees to1 perform the work delineated herein within the followini time limits: Initial plan check and development of corrections needed for code compliance. 5 0 e Single family dwelling Workdays Initial Check Ba2 7 - 3 Duplex dwelling Three to eight unit dwelling 7 - - 3 7 3 - Nine to thirty-six unit dwelling - 7 - 3 More than thirty-six unit dwellin,g - 7 3 Non-dwelling projects - 15 - 5 SECTION 9. ASSIGNMENT OF WORK TO CONTRACTOR The City and Contractor agree that the amount of work assigned to the Contract0 during the life of the contract shall be determined at the discretion of the Buildin! Official. SECTION 10. PUN CHECKS WHERE NO FEE IS ADEQUATELY - COVERED IN THIS CONTRACT Contractor agrees to provide individual plan check services in specific areas nc herein covered. Fee shall be based on an hourly rate as listed in ESGll CORPORATION’S “Labor Rate Schedule“, effective January 1, 1990, attached hereto ant made a part hereof. SECllON 11. COMPENSATION TO THE CONTRACTOR The Ciiy shall calculate! and collect the plan checking fee set fotth in thc appropriate State mandated edition of the Uniform Building Code. The valuatior multipliers used for fee calcula;tion shall be those valuation modifiers published in the International Conference of Building Officials Magazine in their first publication after the 6 e 0 beginning of each calendar year with the effective date of change in valuation modifier being July 1st of each calendar year. Valuation modifiers not specifically published I the magazine shall be as agreed upon by the City and Contractor. The Contractor’s compensation shall be eighty percent of the plan checking fe collected by the City using the above described criteria for calculating the cod specified City plan checking fee?. For proposed construction of repetitive buildings, sue as in housing tracts, apartment complexes or industrial tracts, the Contractor compensation will be as stated above for each basic building plan and the Contractor compensation for additional identical proposed buildings for which plan checking fee! are collected at the same time shall be twenty percent of the plan checking fee collecte by the Cify for each building. Notwithstanding any lan,guage in this agreement to the contrary, no exfra WOI shall be undertaken or cornpensation for extra work paid without the prior approval c Cify. City shall also reimburse Contractor’s costs for extra work for outside hired computer services utilized in connection with computer checking of structurz calculations upon the presentation of satisfactory evidence regarding these costs an( the City shall recover such costs from the applicant prior to permit issuance. Where plans, and reporl‘s attendant to the plans, propose unique engineerin{ criteria beyond the expertise of Ifie Contractor or City staff then the Contractor may, upor approval of Cify, obtain expert a!dvice from recognized experts in the particular area ol 7 0 a concern with the charges invo,iced to the Cify by the expert to be collected by the Ci from the applicant prior to permit issuance. The City shall pay the expert. SEC77ON 12. TIMELJNESS OF PAYMEN7S TO THE CONTRACTOR The Contractor shall submit on the first work day of each month an invoice for th prior month, showing in detail the projects that (7) have been initially plan checked an returned to the City, and (2) data related to other chargeable costs under this contrac The City shall mail or othenvise deliver payment of approved invoiced charges prior 1 the tenth work day of the month the invoice was submitted. SEC77ON 13. CON7;RACTOR PERFORMANCE DOCUMEMATION The Contractor shall note with the return of each plan to the City (7) the day of th week and date it was received by the City, (2) the day of the week and date th Contractor was informed it was available for pickup by the Contractor, (3) the day of th week and date it was picked up by the Contractor, (4) the date and day of the week was first plan checked by the Contractor and returned to the City and (5) repetitive dai pertinent to second and third plan reviews. SEC770N 14. NOTICE OF INENTlON TO TfR"47E CONTRACT Either paw may give Notice of Termination of Contract by giving thiriy (30) day: written notice of Intention to Te.minate contract. The Contractor shall be compensate4 in accordance with the terms of this contract, pro rata, for work in process in the ever of termination. 8 0 e SEC77ON ;E. HOLD HARMLESS AGREEMENT The City, its agents, otilcers, and employees shall not be liable for any claim; liabilities, penalties, fines, or any damage to goods, properties, or effects of any persc whatever, nor for personal injuries or death of any person arising out of or resultin directly or indirectly from any act, error or omission of Contractor or Contractor’s agent: employees or representatives. Contractor agrees to indemnify and save free an harmless the City and its authorized agents, officers, and employees against any of th foregoing liabilities or claims of any kind and any cost and expense that is incurred b the City on account of any of the foregoing liabilities, including liabilities or claims b reason of alleged defects in an,y plans and specifications, unless the liability or claim i due, solely to the City’s negligence. SEC770N 76. INSURANCE Contractor shall obtain and maintain a policy of liability insurance from ai insurance company authorized ;to be in business in the State of California, in an insurablr amount not less than one millicm dollars ($7,000,000). This insurance shall be in fora during the life of this agreement and shall not be canceled without ten (10) day pria notice to City. The City shall be named i3S an additionally insured on this policy. Contractor shai furnish a certificate of said insurance to City upon request. aEC77ON 17. MTRA WORK Contractor, in performirng his services, shall not do work in excess of thi: agreement without the written permission of the City or its designated representative. 9 e e SEC77Ohl18. WORKING DAY DEFINmON For the purpose of rnleasuring plan check performance, the working day specified in Section 8 exclude the work day the Contractor is notified the plans are read for pickup, but include the day plans are delivered to the City by the Contractor. Wor, days do not include Saturdays, Sundays, or City holidays. SECnON 19. DURAllON OF CONTRACT The duration of this contract shall be three (3) years or 36 months from the datl of City Council approval. Each paw to the contract shall express in writing their intention to extend or no extend the contract ninety days prior to the date of expiration of the contract or the datc of expiration to previously agreed extensions of the contract. 10 0 e IN WITNESS WHEREOF, the parties hereto have executed this agreement on t day of , 1990. ATTEST: CIN OF CARLSBAD, a municipal corporation of the State of California BY CLAUDE A. LEWIS, Mayor ALETHA L. RAUTENKRANZ City Clerk APPROVED AS TO FORM: ESGlL CORPORATION, a California Corporation *i I7 e e ESGIL CORPORATION 9320 CHESAPEAKE DR., SUITE 208 SAN DIEGO, CA 92 123 LABOR RA&!? !?&I%%E* (EFFZEIVE JANUARY 1, 1990) CLASSIFICATION REGULAR RATE - PREFERRED RATE Principal Manager $125.03 $ 102.37 Structural Engineer 113.12 , 90. so Civil, Electrical or Mechanical Engineer, P.E. 97.80 80.03 Office Manager (Permits;) 70.45 59.23 Field Inspector 68.38 55.96 Staff Assistant 52.07 42.63 Counter Services Tech. .41.10 34.68 Off ice Services uppo port) 31.12 25.42 Corporate Attorney 280.72 224.57 NOTES : 1. Preferred rates apply to the following: *Hour a. Clients where Esgil Corporation, by contract, perfor: all multiple residential, industrial and commerci plan checking. b. Clients where Esgil Corporation, by contract, provid all of the Building Inspection Services. c. Clients where Esgil Corporation, by contract, wi provide staff on other than a short term intermitte basis. 2. The percentage increase stated in certain'existing contrac need not be applied to the hourly rates. 3. The rates do not include expenses resulting fr transportation, meals, lodging and similar costs when Esg Corporation is providing services outside the greater s Diego County area. 4. Esgil staff normal work days are Monday thru Friday. Fie inspection or office work on Saturdays, Sundays or Ci holidays, will be performed only at the specific request the Building Official. Billings for work performed Saturdays, Sundays or City holidays shall be at 1-1/2 tim the rates shown albove and a minimum of 4 hours if the pers worked 4 hours or less and a minimum of 8 hours if t person worked more than 4 hours. (Rates are .revised each January and July; maximum 5.% increa when rates are revised) a 0 PRESENT BSGIL CORPORATION CLIENTS AND SCOPE OF SERVICE Staff Permit Plan Field Buidin Counter Check Insp. Officia - 1. 2. 3. 4. 5. 6. 7. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. a. California State Universities City of Arroyo Grande City of Artesia City of Atascadero City of Barstow City of Beverly Hills City of Big Bear City of Boise City of Calexico City of Carlsbad City of Chula Vista city of Coronado City of Dinuba City of Downey Douglas County, Nevada City of El Cajon City of El Centro City of Encinitas City of Escondido City of Gardena X X X X X X X X X X X X X 'X X X X X X X X X X X X 21. City of Grover City 22. City of Idaho Falls 23. City of Imperial Beach 24. County of Imperial 25. City of Indio 26. City of Irvine 27. City of Laguna Beach 28. City of Lemon Grove 29. City of Lompoc 30. City of Long Beach 31. 32. 33. 34. 35. 36. 37. 38. 39. 40. County of Los Angeles City of Manhattan Beach City of National City City of Oceanside Office of State Architect City of Oxnard City of Palm Springs City of Pasadena City of Poway City of Perris X X X X X X X X X X X X X X X X X X X X X X X X X 01/1 1 ATTACHM a * Staff Permit Counter 41. 42. 43. 44. 45. 46. 47. 48. 49. 50. City of Rancho Cucamonga City of Rancho Mirage City of Sacramento County of Sacramento City of San Buenaventura city of San Clemente City of San Diego County of San Joaquin City of San Jose County of San Diega 51. City of San Juan Capistrano 52. City of San Luis Obispo 53. County of San Luis Obispo 54. City of San Marcos 55. City of Santa Barbara 56. City of Santa Maria 57. City of Santa Monica 58. City of Santee X 59. city of simi Valley 60. City of Solana Beach X 61. County of Stanislaus 62. City of Stockton 63. City of Turlock 64. University of California San Diego 65. County of Ventura 66. City of Vista - Plan Field Buil Check Insp. Off i X X X X X X X X X X X X X X X X X X X X X X X X X X X X X 2