HomeMy WebLinkAbout1980-08-19; City Council; 6207-1; Modification of Contract for Plan Checking ServiceK
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CITY OF' CARLSBAD
AGENDA BILL NO. 6207 Supplement #1 _ Initial:
Dept. Hd.
DATE: August 19, 1980 C. Attp�
DEPARTMENT: B u i 1 d i'n g_ _ C . Mgr.*
Subject:
MODIFICATION OF CONTRACT FOR PLAN CHECKING SERVICE
Statement of the Matter
Resolution No. 6123 adopted March 18, 1980, approved an agreement
for plan checking services with ESGIL Corporation. This supplement
is submitted -to reflect the following editorial revisions.to the
original contract.
Section 9 - Contract no longer guarantees minimum workload'to the
.contractor.
Section 1G - Provides for an additional plan check service based on
an hourly rate.
Section 14 - Reduced termination of contract from ninety (90) days
to thirty (30) days.
Section 19'- Clarification of termination clause by deleting refer-
ence to termination of contract for cause.
Proposed modifications to the existing agreement with ESGIL,, -Corpora-
tion will provide -an agreement that is more in .line with current
Building department needs. In addition; the proposed modifications
will provide a docdment more advantageous to the city.
Fiscal Impact
Budgeted under Professional Services - $33,404.00.
Consultant fees are based on 80 percent of plan check fees collected
for the projec-,s su'vmitted to their office.
Exhibits
1. Contract agreement.
2. Resolution No. /0 7 9 approving agreement.
Recommendations
If City Council concurs, adopt Resolution No. 6 ,77 approving
agreement with ESGIL Corporation and authorizing and directing
thethe Mayor to execute said agreement.
Council Action:
8-19-80 Council adopted Resolution 6279, approving the agreement with ESGIL Corp.
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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
hereby resolve as follows:
1. That the previous agreement between the City of Carlsbad
and ESGIL Corporation, approved by Resolution No. 6123 adopted
March 18, 1980, is terminated.
2. That the certain agreement between the City of Carlsbad
and ESGIL Corporation for building plan check services, a copy
of which is attached hereto marked Exhibit A and made a part
her .c• f , is hereby approved.
3. That the Mayor of the City of Carlsbad is hereby
autho.iized and directed to execute said agreement for and on
behalf of the City of Carlsbad.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
City Council of the City of Carlsbad, California, held on the
79th day of August , ,1980 by the following vote, to wit:
AYES: Council Members Packard, Casler, Anear, Lewis and Kulchin
NOES: None
ABSENT: None
(ATTEST:
�1
ALETHA L. RAUTENKRANZ, City Clerk
(SEAL)
C. PACKARD, Mayor
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' EXHIBIT A to CITY
F�:,��iT Or COUNCIL RESOLUTION
G�.,xRAC I_D ST 1'� " NO. 6279
WORK FOR BUILDING PLMN CHECK SERVICES "
THIS curNTRACT is made by City of Carlsbad _ a. Muni 1 `
corporation, hereixi called Cif and ESGIL C0�d'Ok:1'�IO`�, a
California Corporation, hereinafter called "Contractor".
}Z ); C I T A L S
s to employ the services of Contractor
S'tiEREAS, Cit}* desire
to review and check for correctness the des iori.calculations, plans,
.:and material specifications for certain -buildings prOpos ed' for
construction within the City. '
CIEREAS, City desires to obtain plan checkiro Contractor
.services at no cost to the taxpayer; and
IgHEREAS City desires all. payments to. the Contractor be fully
ortion. of the plan check.:=ee paid bya.
funded by using only a p
applicants for plan the-:==ng proposed building constx,.tctioa; and
IRIEREAS, City d: es_=s to have the cost of the COntract.or
services be less than t= plan. check fee paid to the Contractor
in order to provide moLey to offset.th.e cost of City staff
•per.form:anP clerical and administrative duties related to plan
approval; and. ,
W:IE^EAS, City wishes to reduce applicant waiting times
nd plan recheck at the City Permit- •9.ssua
regarding plan check ance
fa^i.lity; and 1
tnir.EAS, the City desires to have design calculations, plans. ,
ions -for certain building; proposed for
and material specificat
construction reviewed by Contractor within guarantecd•time period
equal to or. more Prompt t""n present rev5c;a Limos; and
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WHL'MS, City desires to foster uniformity among
government agencies by having a single non -governmental agency
uniformly apply mandated life -safety regulations; and
WHEREAS, the City wishes to avoid conflict of interest
problems by contracting•with•a corporation that provides
services exclusively to government agencies; and
WHEREAS, the City wishes to have professional -
technical regulatory resources 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 by persons experienced and knowledgeable
iu building=code interpretation and application; and
WHEREAS, the two founding directors of the Contractor
Corporation are both Professional Engineers (Civil) and have
served fifteen and thirteen years in high level regulatory
management positions in government related to•building
'inspection and County engineer functions; and
17:�iEREAS, the Contractor is willing to accept employment
by the City for the Contractor's services in accordance with
this contract.
NOW, THEREFORE, in consideration of the promises and
.mutual convenants and agreements herein contained, it is
agreed between the parties hereto as follows:
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SECTION 1. DESIGNATION OF CONTRACTOR
City does herel a��.oint ESGIL CORPOP-hTIM .� Contractor,
in a contractual capacity, to review and check for correctness
the design calculations, plans, and material specifications in _
accordance with established regulatory agency plan checking
practices for certain buildings proposed for construction within
the City with said work to be performed within the terms and
conditions hereinafter set forth.
SECTION•2. CONFLICT OF INTEREST
• The C`ontractof•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 contract 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 contract..
SECTIOPI 3. DUTIES OF CONTMCTOR
The Contractor shall provide, in established workmanlike
and professional manner, and at its MM cost and expense, all el
labor, technical, administrative, professional and other personnel,
all supplies and materials,equipment,. printing, vehicles,
transportation, office space and facilities and all analyses,
calculations, and all other resources whatsoever, except as herein
otherwise expressly specified to be furnished by the City necessary
ified work required by
or proper to perform the-specthis contract.
SECTION 4. WbRK REQUIRED BY CONTRACTOR
a, Review and check for completeness and. correctness,
based
upon the ilniform Building Code, Uniform Mechanical Code,
National Electrical Code, Uniform Plumbing Code, State
State Noise and Energy
klandicapped Requirements, '
Regulations may,dated by the State of Ca forni.a ,
as adopted by the City, the design of certain designated
buildings as defined by the design calculations, drawings,
specifications and reports of the designated buildings `
and perform rechecks of corrected plans.
b. Aevei.op and maintain written lists of corrections heeded
to have the plans comply with the specified regulations.
c. Transmit such correction lists to, and consult with, the'
City Building official as necessary, in order to
clarify the corrections to be made by the.designer of the
building to achieve conformance witri regulations.
d: Provide City with a letter indicating that, in the
Contractor's opinion, the plans have been found to be
sub'Stantially correct'and complete based upon the
regulations when the Contractor's plan check, or recheck,
confirms that the plans are in conformance.
.e. The Contractor shall maximize the use of appropriate
prose materials, lists of critical code sections,
specification sheets and construction detail sheets
for incorporation in the applicant's plans and
specifications in order to expedite the plan approval'
le ensuring that the approve
process whid plans aYe
complete.
f, pickup from the City facility each Monday and Thursday
plans to be plan checked and deliver previously plan
checked or rechecked plans.
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SECTION 5• DECISION AUTHORITY OE THE CITY BUILDING OFFICIAL
to perform all work to the satisfaction `
. The Contractor agreesBuilding Off icial has
Official and the City
of the City Building an requirements or
to negate or modify Y
final decision authority be necessary to achieve.'
decisions perceived by the Contractor to
regulations
comp? -ranee with the . CRITIQU� .
0.1 . g PEP.Fo,p kjrCE LIAIS0�1 Ai�D the
• SECTI 1 with
a Official will meet monthly
Tha City Buildino state
Of new City ox
Contractor to advise the Contractor s work and to
ht impact the Contractor
legislation that m'ig areas where
leg' and identify
ue the prior work procedures City
critrq used by the Contractor and
modifications to the procedures
are desirable. DUTIES Op CI'"Y .
• SECTI013 7 . �- in I the
designated local-l-on
The City shall provide ati a Project
to be
" *. two sets of building plans for each prof -
facilitS including
City the Contractor,
iciced up and checked for compliant nme is necessary to allow
P and attac
reports for plans picked
all calculations, shall receipt
Plan eheckiro to commence, C�..ty Y of. each week.
Y�ctor. on Monday
and Thursday
of ivered by Contra and maintain
up or d.-� the Contractor, .
The City shall provide to
Contractor all current forms .and informational
to the and other printed
. a' supply hcet�
assouts, detail sheets, fee calculation
P staff in. the Plan checking process
used by City
material normally laps to provi.dc construction or
and as attachments to applicant p
instructions to the' applicant,
specification details or for ensuring compliance
Tile City shall be xesPptzse with any
iblg,
construction
other laws ana
ordinances pertinent to proposed building
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except those technical regulations contained in the four model
codes and noise, handicapped and energy reg.ulations described
and assigned to the Contractor in Section 4 of this document.
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 needed for .
code compliance:
.Workdays
Initial Check Recheck
Single family dwelling 7 3
Duplex dwelling 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 5
SECTION 9. ASSIGNMENT OF WORK TO -CONTRACTOR
The City and Con-ractor' agree that the amount of work assigned
to the Contractor during the life of the contract shall be determined
at the discretion of the Building Director. ,
SECTION 10. PLA'N 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 be mutually agreed upon by the Contractor 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
set 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 International
'Conference of Building Officials Magazine in their first publication
.after the 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 publ fished 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 checking 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 compensation for additional identical proposed
buildings for which plan checking fees are collected at the same
time shall be twenty percent of the plan checking fee collected by
the City for each building.
Notwithstanding any 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 computer services utilized in connection with
computer checking of structural calculations 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 plans, and reports attendant to the plans, propose
unique engineering criteria beyond the expertise of the C.ontracto-r
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 to,.b•e
collected by the City from the applicant prior to permit issuance.
The City shall pay the expert.
.SECTION 12. TIMELINESS OF PAYMENTS TO THE CONTRACTOR
The Contractor shall submit on the first 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)
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data related to other chargeable costs under this contract. The
City shall mail or otherwise deliver payment of approved invoiced
charges prior to the tenth work day of the month the invoice was
submitted.
SECTION 13. CONTRACTOR PERFORMANCE DOCUMENTATION
The Contractor shall note with the return of each plan to the
City (1) the day of the week and•date it was received by the City,
(2) the day of the week and date the Contractor was informed 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 Contractor and returned to the
City and (5) repetitive data pertinent to second and third plan reviews.
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SECTION 14. NOTICE OF_INTENTIQN TO TERMINATE CONTRACT
Either party may give Notice of Termination of Contract by
giving thirty (30) days written notice of Intention to Terminate
contract.. ,The Contractor shall be compensated in accordance .with -
the terms of this contract, pro rats, for work in process in the
event of termination.
SECTION 15. HOLD HARMLESS AGREEMENT
The City, its agents, officers, and employees shall not be
liable 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 arising out of
or resulting directly or indirectly fr-)m,any act, error or.
omission of Contractor or Contractor's agents, employees or.
representatives. Contractor agrees to indemnify and save free
and harmless the .City and its authorized agents, officers, and
employees against any of the for liabilities or claims of
any kind and any cost and expense that is incurre.d.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. INSURANCE
Contractor shall obtain and maintain a policy of liability
insurance from an insurance company authorized -to be in business i-n
the State- of California, in an insurable amount not less than one
trillion dollars ($1,000,000). This insurance shall.be in force
during the life of this agreement and shall not be cancelled ;
without,ten (10) days prior notice to City.
The City'shall be named as art additionally insured on this
policy. Contractor shall furnish a certificate of said insurance
to City upon request.
SECTION 17. EXTRA WORK
Contractor, in performing his services, shall not do extra
work in excess of this agreement without the written permission of
the City or its designated representative.
SECTION 18. WORKING DAY DEFINITION
For the purpose of measuring plan check performance, the
working days specified in Section 8 exclude the work day the
Contractor is notified the plans are ready for pickup, bu-t,
include the day plans are delivered to the City by the Contractor.
Work days do not include Saturdays, Sundays, or City holidays.
0 10.
SECTION'19. 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 o2isT day 'of usT 1980.
CITY.OF CARLSBAD, a municipal
corporation of the State of California
ATTEST: By
RONALD C. PACKARD, Mayor
A U THA L. RAUTENKRANZ ,
City Clerk
ESGIL Corporation, a California
Corporation
APPROVED AS TO FORM: '
• BY
• Contractor
C
VINCENT F. BIONDO, JR., City Attorney J
A ROVED S 0 M.
INCENT I /fi City Attorney
-anie1 S. Hent ch e, Assistant
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