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HomeMy WebLinkAbout1993-07-06; City Council; Resolution 93-188/I * 0 II 1 RESOLUTION NO. 93-188 2 3 4 AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAF CALIFORNIA, APPROVING AN AGREEMENT BETWEEN THE CITY OF CA AND ESGIL CORPORATION FOR BUILDING PLAN CHECK SERVIC, 5 The City Council of the City of Carlsbad, California, does hereby re 6 7 follows: 1. That the previous agreement between the City of Carlsbad an 9 CORPORATION, approved by Resolution 90-1 05 adopted April 17, 1990 is ter 10 2. That the certain agreement between the City of Carlsbad an 11 CORPORATION for building plan check services, a copy of which is attache a 12 13 14 15 16 17 18 marked Exhibit 2 and made a part hereof, is hereby approved. 3. That the Mayor of the City of Carlsbad is hereby authorized and to execute said agreement for and on behalf of the City of Carlsbad. PASSED, APPROVED AND ADOPTED at a regular meeting of the City C the City of Carlsbad, California, held on the 6th day of JULY by the following vote, to wit: 19 I AYES: Council Members Lewis, Stanton, Kulchin, Nygaard, Finnila 2o I NOES: None 21 22 23 24 ABSENT: None VUL 4g LAUDE A. LEWIS, Mayor 25 26 ATTEST: J! 27 28 AL%RA~TEL~*~ (SEAL) 0 0 EXH'B'T 2 AGREEMENT THIS AGREEMENT, made and entered into as of the 12th di CARLSBAD, a municipal corporation, hereinafter referred to i rrCity'', and Esgil Corporation, hereinafter referred to 2 "Contractor". of JIJLY , 1993, by and between the CITY ( RECITALS City requires the services of a plan review contractor : provide the necessary plan review services for proposc construction projects; and Contractor possesses the necessal skills and qualifications to provide the services required by tl City; < NOW, THEREFORE, in consideration of these recitals and tf mutual covenants contained herein, City and Contractor agree E follows: 1. CONTRACTOR'S OBLIGATIONS a. Perform traditional preliminary plan revie consultations in CONTRACTOR'S main office by meetinc or by telephone. b. Perform traditional initial plan review of submitte plans to determine compliance with CITY adopted: Uniform Building Code Uniform Plumbing Code Uniform Mechanical Code National Electrical Code California State, Title 24 (Energy Conservation Disabled Access; and Noise Attenuation) c. Provide the applicant's designee and the CITY, a type list of items needing clarification or change t achieve conformance with the above regulations. d. Perform all necessary liaison with the applicant' designee, either by telephone, mail or meeting i Esgil Corporation's main office, and perform a1 necessary rechecks to achieve conformance to th regulations. e. Perform all necessary liaison with the Buildin Official or his designee, either by mail, telephone o in Esgil Corporation's main office, to insur compliance with U.B.C. Sections 105 and 106 and t insure compliance with local policy interpretations. f. Perform plan reviews of revisions to plans that hav previously been approved for permit issuance, o perform plan reviews of major changes to plans prior t such approval, when such major changes are not require' to achieve code conformance. g. Attend meetings related to proposed building project at the request of the Building Official at location other than Esgil Corporation's Plan Check Office. .o 0 2. CITY OBLIGATIONS The CITY shall perform the following work: a. Obtain from the applicant, at the time of the project submittal, the necessary items to allow plan checkins to be completed in the shortest overall time frame. Necessary items include, but are not limited to, complete plans, construction specifications, soil reports, Title 24 energy calculations, structural calculations, the name and address and telephone number of the applicant's designated contact person and similar items that may be unique to a particular pro j ect . b. Provide the valuation for the proposed construction 01 instruct the CONTRACTOR to calculate the valuation ir accordance with Sec. 111. B. 1. c. Provide the CONTRACTOR with copies of any CITJ ordinances that modify the regulations listed in 111. A. 2. d. Collect sufficient plan check fees or deposits fron project applicants to ensure the CITY will not suffer E loss if the applicant decides to abandon the permit process after the CONTRACTOR has completed the initial plan check. 3, PROGRESS AND COMPLETION The CONTRACTOR agrees to provide adequate resources tc achieve the following service delivery goals for time11 performance of the work over which the CONTRACTOR has decision authority. ITEM SERVICE GOAL A. Buildings less than A. Complete initial plan four stories and of review in fifteen normal complexity. work days or less. B. Buildings four or more B. As agreed by the stories in height or CITY'S Chief Building of unusual complexity. Official and CONTRACTOR. 4. FEES TO BE PAID TO CONTRACTOR a. Compensation for each plan reviewed under Sections 1, a-e shall be 52% of the building permit fee calculatec per Section 304 of the latest published edition of the Uniform Building Code for each building plan checked. The construction valuation shall be based on the most recent valuation multiplier published by thc international Conference of Building Officials ir Building Standards or on the architect's estimatec construction cost, or on the Building Official's cost estimate. The Building Official shall have fina: decision authority over the value used. . 0 Plan check fee for repetitive identical buildings shall be 52% of the building permit fee as noted above for the first, or basic building, and 13% of the plan check fee as noted above for each additional building. The single fee includes all rechecks and there are no additional charges for preliminary plan check conferences at our office, expedited processing, checking plans that are eventually found to be incomplete or for the mailing of plans back to the jurisdiction. b. Compensation under Section 1,f shall be calculated either the same as 4 ,a or shall be based on CONTRACTOR'S current Labor Rates Schedule. The method to be used will be at the discretion of the CONTRACTOR with the approval of the Building Official. c. Compensation for work performed under 1, g shall be based' on the attached Labor Rates Schedule (Attachment A) as modified each January 1 and July 1 with approval of the Building Official. d. The CONTRACTOR shall not perform extra work without written authorization from the Chief Building Official. 5. FINAL DECISION AUTHORITY The CITY'S Chief Building Official shall have final decision authority over the results of the plan check by the CONTRACTOR and all work performed by the CONTRACTOR shall be to the satisfaction of the Chief Building Official. In instances where the permit applicant takes exception to the CONTRACTOR'S interpretation of the regulations contained in Title 24, the Building official shall render a final decision utilizing, as deemed appropriate, the resources.of the CITY Attorney and/or the Board of Appeals. 6. PAYMENT OF FEES The CONTRACTOR shall submit on the first work day of each month his invoice for initial plan reviews performed during the prior month. Payment of approved items on the invoice shall be mailed to the CONTRACTOR prior to the twenty-fifth (25th) day of each month the invoice was submitted. 7. DURATION OF CONTRACT This agreement shall extend for a period of 3 years from date thereof. The contract may be extended for 3 additional one (1) year periods or parts thereof , based upon satisfactory performance and the City's needs. e 0 8. CHANGES IN WORK If, in the course of the contract, changes seem merited by the CONTRACTOR or the CITY, and informal consultations with the other party indicate that a change in the conditions of the contract is warranted, the CONTRACTOR or the CITY may request a change in contract. Such changes shall be processed by the CITY in the following manner. A letter outlining the required changes shall be forwarded to the CITY by CONTRACTOR to inform them of the proposed changes along with a statement of estimated changes in charges or time schedule. A supplemental agreement shall be prepared by the CITY and approved by the CITY according to the procedures described in Carlsbad Municipal Code Section 3.28.172. Such supplemental agreement shall not render ineffective or invalidate unaffected portions of the agreement 9. COVENANTS AGAINST CONTINGENT FEES The CONTRACTOR warrants that their firm has not employed or retained any company or person, other than a bona fide employee working for the CONTRACTOR, to solicit or secure this agreement, and that CONTRACTOR has not paid or agreed to pay any company or person, other than a bona fide employee working for the Contractor, to solicit or secure this agreement, and that Contractor has not paid or agreed to pay any company or person other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this agreement. For breach or violation of this warranty, the CITY shall have the right to annul this agreement without liability, or in its discretion, to deduct from the agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fees, gift, or contingent fee. 10. NONDISCRIMINATION CLAUSE The CONTRACTOR shall comply with the state and federal laws regarding nondiscrimination. 11. TERMINATION OF CONTRACT In the event of the CONTRACTOR'S failure to prosecute, deliver, or perform the work as provided for in this contract, the CITY may terminate this contract for nonperformance by notifying the CONTRACTOR by certified mail of the termination of the CONTRACTOR. The CONTRACTOR, thereupon, has five ( 5) working days to deliver said documents owned by the CITY and all work in progress to the CITY. The CITY shall make a determination of fact based upon the documents delivered to CITY of the percentage of a 0 work which the CONTRACTOR has performed which is usable and of worth to the CITY in having the contract completed. Based upon that finding as reported to the City Manager, the Manager shall determine the final payment of the contract. 12 e DISPUTES If a dispute should arise regarding the performance of work under this agreement, the following procedure shall be used to resolve any question of fact or interpretation not otherwise settled by agreement between parties. Such questions, if they become identified as a part of a dispute among persons operating under the provisions of this contract, shall be reduced to writing by the principal of the CONTRACTOR or the Building Official. A copy of such documented dispute shall be forwarded to both parties involved along with recommended methods of'resolution which would be of benefit to both parties. The Building Official or principal' receiving the letter shall reply to the letter along with a recommended method of resolution within ten (10) days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the dispute shall be forwarded to the City Council for their resolution through the Office of the City Manager. The City Council may then opt to consider the directed solution to the problem. In such cases, the action of the City Council shall be binding upon the parties involved, although nothing in this procedure shall prohibit the parties seeking remedies available to them at law. 13. SUSPENSION OR TERMINATION OF SERVICES This agreement may be terminated by either party upon tendering thirty (30) days written notice to the other party. In the event of such suspension or termination, upon request of the CITY, the CONTRACTOR shall assemble the work product and put same in order for proper filing and closing and deliver said product to City. In the event of termination, the CONTRACTOR shall be paid for work performed to the termination date; however, the total shall not exceed the lump sum fee payable under paragraph 4. The CITY shall make the final determination as to the portions of tasks completed and the compensation to be made. 14. STATUS OF THE CONTRACTOR The CONTRACTOR shall perform the services provided for herein in CONTRACTOR'S own way as an independent contractor and in pursuit of CONTRACTOR'S independent calling, and not as an employee of the CITY. CONTRACTOR shall be under control of the CITY only as to the result to be accomplished, but shall consult with the CITY as provided for in the request for proposal. e 0 The CONTRACTOR is an independent contractor of the CITY. The payment made to the CONTRACTOR pursuant to the contract shall be the full and complete compensation to which the or state tax withholdings on behalf of the CONTRACTOR. The CITY shall not be required to pay any workers' compensation insurance on behalf of the CONTRACTOR. The CONTRACTOR agrees to indemnify the CITY for any tax, retirement contribution, social security, overtime payment, or workers' compensation payment which the CITY may be required to make on beh.alf of the CONTRACTOR or any employee of the CONTRACTOR for work done under this agreement. The CONTRACTOR shall be aware of the requirements of the Immigration Reform and Control Act of 1986 and shall comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants that are included in this agreement. 15. FREEDOM FROM LIABILITY CONTRACTOR is entitled. The CITY shall not make any federal It is the intent of the parties to this contract that CONTRACTOR and its employees, when performing duties pursuant to this contract, shall have the freedom from liability described in the first sentence of the first paragraph and the first sentence of the second paragraph in Section 202(f) of the 1991 edition of the Uniform Building Code. The expression of this intent in the contract shall not create an employee-employer relationship between the CITY and CONTRACTOR, or any of CONTRACTOR'S employees or agents. The expression of this intent in the contract shall not create a duty of CITY to defend or indemnify CONTRACTOR in any manner whatsoever for claims, liabilities, penalties or fines resulting from any act or omission by contractor related to the performance of this contract." 16. OWNERSHIP OF DOCUMENTS All plans, studies, sketches, drawings, reports, and specifications as herein required are the property of the CITY, whether the work for which they are made be executed or not. In the event this contract is terminated, all documents, plans, specifications, drawings, reports, and studies shall be delivered forthwith to the CITY. CONTRACTOR shall have the right to make one (1) copy of the plans for his/her records. 17- REPRODUCTION RIGHTS The CONTRACTOR agrees that all copyrights which arise from creation of the work pursuant to this contract shall be vested in CITY and hereby agrees to relinquish all claims to such copyrights in favor of CITY. 0 0 18. HOLD HARMLESS AGREENIBTI' The CITY, its officers, and employees shall not be liable for any claims, liabilities, penalties, fines, or any damage to goods, properties, or effects of any person whatsoever, nor for personal injuries or death caused by, or resulting from, any intentional or negligent acts, errors or omissions of CONTRACTOR or CONTRACTOR'S agents, employees, or representatives. CONTRACTOR agrees to defend, indemnify, and save .free and harmless the CITY and its officers and employees against any of the foregoing claims, liabilities, penalties of fines, including liabilities or claims by reason of alleged defects in any plans and specifications, and any cost, expense or attorney's fees which are incurred by the CITY on account of any of the foregoing. 19. ASSIGN" OF CONTRACT The CONTRACTOR shall not assign this contract or any part thereof or any monies due thereunder without the prior written consent of the CITY. 20. SUBCONTRACTING If the CONTRACTOR shall subcontract any of the work to be performed under this contract by the CONTRACTOR, CONTRACTOR shall be fully responsible to the CITY for the acts and omissions of CONTRACTOR'S subcontractor and of the persons either directly or indirectly employed by the subcontractor, as CONTRACTOR is for the acts and omissions of persons directly employed by consultant. Nothing contained in this contract shall create any contractual relationship between any subcontractor of CONTRACTOR and the CITY. The CONTRACTOR shall bind every subcontractor and every subcontractor of a subcontractor by the terms of this contract applicable to CONTRACTOR'S work unless specifically noted to the contrary in the subcontract in question approved in writing by the CITY. 21. PROHIBITED INTEREST No official of the CITY who is authorized in such capacity on behalf of the CITY to negotiate, make, accept, or approve, or take part in negotiating, making, accepting, or approving of this agreement, shall become directly or indirectly interested personally in this contract or in any part thereof. No officer or employee of the CITY who is authorized in such capacity and on behalf of the CITY to exercise any executive, supervisory, or similar functions in connection with the performance of this contract shall become directly or indirectly interested personally in this contract or any part thereof. 0 0 22. VERBAL AGREEMENT OR CONVERSATION No verbal agreement or conversation with any,officer, agent, or employee of the CITY, either before, during or after the execution of this contract, shall affect or modify any of the terms or obligations herein contained nor entitle the CONTRACTOR to any additional payment whatsoever under the terms of this contract. 23. SUCCESSORS OR ASSIGNS Subject to the provisions of Paragraph 18, "Hold Harmless Agreement," all terms, conditions, and provisions hereof shall inure to and shall bind each of the parties hereto, and each of their respective heirs, executors, administrators, successors, and assigns. 24. EFFECTIVE DATE This agreement shall be effective on and from the day and year first written above. 25. CONFLICT OF INTEREST The CONTRACTOR expressly affirms that neither the CONTRACTOR corporation or any of its officers or directors will perform work or provide services to entities other than government entities during the time this agreement is in force in order to ensure the CITY that the CONTRACTOR will not have a conflict of interest in discharging the work covered by this agreement. 26. INSURANCE The CONTRACTOR shall obtain and maintain policies of general liability insurance, automobile liability insurance, and E combined policy of worker's compensation and employers liability insurance from an insurance company authorized tc do business in the State of California which meets the requirements of City Council Resolution No. 91-403 in ar insurable amount of not less than one million dollar: ($1,000,000) each, unless a lower amount is approved by thc City Attorney or the City Manager. This insurance shall bc in force during the life of this agreement and shall not bc canceled without thirty (30) days prior written notice tc the City sent by certified mail. ,0 0 The City shall be named as an additional insured on these policies. The CONTRACTOR shall furnish certificates of insurance to the CITY before commencement of work. Executed by CONTRACTOR this gTh day of 3~ J .p I 1943. CONTRACTOR : ON (name of CONTRACTOR) By: /- ( K,E :?I". n i.7) ( LL*- sign he\/$) L/@7 CITY OF CARLSBAD, a municpal corporation of the State of California By : 7 TE PRESIDENT, ESGIL CORPORATION title and organization of signatory d / i 1.1: ' (sign Per4) ' ' v 'd, . /\ 6, f t ." By :'$x% '\ [ {,(\[i ) (\\(,Cl>,/?/,l, j&,d LL$,LG ATTEST : k/ ,$/ ?2 JAMEA JOSEPH GILSHIAN (print name here) ALETH?. L. RAUTENKRANZ 3 City Clerk VICE-PRESIDENT, ESGIL CORPORATION (title and organization of signatory) (Proper notarial acknowledgement of execution by CONTRACTOR mus. be attached.) (President or vice-president and secretary or assistant secretar: must sign for corporations. If only one officer signs, thl or assistant secretary under corporate seal empowering tha officer to bind the corporation.) APPROVED AS TO FORM: I corporation must attach a resolution certified by the secretar' RONALD R. BALL City Attorney BY pi / 1Lk-R ' Deputy City AttoMey 0 0 The City shall be named as an additional insured on these policies. The CONTRACTOR shall furnish certificates of insurance to the CITY before commencement of work. Executed by CONTRACTOR this 8y' day of su d-~ r 1993. CONTRACTOR : CITY OF CARLSBAD, a municpal corporation of the State of California ESGTT, CORPQRATJON (name of CONTRACTOR) An P /3 By:. &?,/ J*&) () 1/8/79 By:K I., '-3U q pz& u w I' c I ..*..,.- .... ".-, c. - .... .~ ,. ~ - , ~ . . , . (" 1 I State of CALIFORNIA , - OPTIONAL SECTION CAPACITY CLAIMED BY SI Though statute does not require the N fill in the data below, doing so ma' invaluable to persons relying on the doc ~ On 6/8/93 beforeme, CORPORATE OFFICER(S) PRESIDENT & VICE- TITLE(S) npersonally known to me - OR - 0 proved to me on the basis of satisfactory evidence PARTNER(S) 0 LlMiTED to be the person(s) whose name(s) Ware subscribed to the within instrumentand ac- AnoRNEY-IN-FACT knowledged to me thaixtm%lE/they executed 0 TRUSTEE(S) 0 GENERP the Same in Mmrer/their authorized 0 GUARDIAN/CONSERVATOf ESGIL CORP. NUMBER OF PAGES 10 DATE OF DOCUMENT w G - a -7 3 Though the data requested here IS not required by law, it could prevent fraudulent reattachment of this form. SIGNER(S) OTPER THAN NAMED ABOVE 01992 NATIONAL NOTARY ASSOCIATION * 8236 Rernmet Ave., P.O. Box 7184 * Canoga Park, C RONALD R. BALL City Attorney BY 9.1 L. ' Deputy City AttoMey I I 0 e ESGIL CORPORATION 9320 CHESAPEAKE DR., SUITE 208 SAN DIEGO, CA 92123 (619) 560-1468 LABOR RATES SCHEDULE* (EFFECTIVE JANUARY 1, 1993) CLASSIFICATION Division Manager Structural Engineer, S.E. Civil, Electrical, R.C.E. Mechanical Engineer, M.E. Electrical Engineer, E.E. Energy Plans Examiner, C.B.C.1 I.C.B.O. Plans Examiner Supervising Building Inspector Building Inspector Permit Specialist Word Processing Clerical Support Corporate Attorney REGULAR RATE $157.50 173.25 115.50 115.50 115.50 115.50 98.70 105.00 89.25 80.85 55.65 37.80 280.35 PREFERRED RATE $118.65 130.20 87.15 87.15 87.15 87.15 74.55 78.75 67.20 60.90 42.00 28.35 210.00 NOTES : *Hourly 1. Regular Rates apply where jurisdictions only utilize Esgil Corporation's services occasionally. Regular Rates will be increased 100% for expert witness instances, based on an average estimate of one hour of preparation for each hour of testimony. 2. Preferred rates apply to the following: Clients where Esgil Corporation, by contract, performs all multiple residential, industrial and commercial plan checking or provides all of the Building Inspection Services or provides staff on other than a short term intermittent basis. 3. The percentage increase stated in certain existing contracts need not be applied to the hourly rates. 4. The rates do not include expenses resulting from transportation, meals, lodging and similar costs when Esgil Corporation is providing services outside the greater San Diego county area. 5. Esgil staff normal work days are Monday thru Friday. Field inspection or office work on Saturdays, Sundays or City holidays, will be performed only at the specific request of the. Building Official. Billings for work performed on Saturdays, Sundays or City holidays shall be at 1-1/2 times the rates shown above and a minimum of 4 hours if the person worked 4 hours or less and a minimum of 8 hours if the person worked more than 4 hours. (Rates are revised each January and July; maximum 5% increase when rates are revised)