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HomeMy WebLinkAbout1993-07-06; City Council; 12292; RENEWAL OF CONTRACT FOR BUILDING PLAN CHECK SERVICES WITH ESGIL CORPORATION, :.- . I/ Q, w 1 RESOLUTION NO. 93-188 2 3 4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARL CALIFORNIA, APPROVING AN AGREEMENT BETWEEN THE CITY OF CAR1 AND ESGIL CORPORATION FOR BUILDING PLAN CHECK SERVICE! AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT. 5 The City Council of the City of Carlsbad, California, does hereby res( 6 7 follows: 1. That the previous agreement between the City of Carlsbad and CORPORATION, approved by Resolution 90-1 05 adopted April 17, 1990 is term 9 10 2. That the certain agreement between the City of Carlsbad and 11 CORPORATION for building plan check services, a copy of which is attached 12 marked Exhibit 2 and made a part hereof, is hereby approved. 13 14 a 3. That the Mayor of the City of Carlsbad is hereby authorized and c to execute said agreement for and on behalf of the City of Carlsbad. 15 16 PASSED, APPROVED AND ADOPTED at a regular meeting of the City Cc 17 the City of Carlsbad, California, held on the 6th day of JULY 18 AYES: Council Members Lewis, Stanton, Kulchin, Nygaard, Finnila 19 .. by the following vote, to wit: 2o 11 'NOES: None 21 22 23 24 ABSENT: None VrnL 4g LAUDE A. LEWIS, Mayor 25 26 ATTEST: ALWR 27 28 (SEAL) // * -1 a @ LAlllYl L - AGREEMENT THIS AGREEMENT, made and entered into as Of the 12th day CARLSBAD, a municipal corporation, hereinafter referred to as ltcitYtt, and ~~gil corporation, hereinafter referred to as of JULY f 1993, by and between the CITY OF !Icontractor". RECITALS City requires the services of a plan review contractor to provide the necessary plan. review services for proposed construction projects; and Contractor possesses the necessary skills and qualifications to provide the services required by the < City; NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained- herein, City and Contractor, agree as follows: 1. CONTRACTOR'S OBLIGATIONS a. Perform traditional preliminary plan review consultations in CONTRACTOR'S main office by meetings b. C. d. e. f. 4. or by telephone. Perform traditional initial plan review of submitted plans to determine compliance with CITY adopted: Gnif orm Building Code Uniform Plumbing Code Uniform Mechanical Code National Electrical Code California State f Title 24 (Energy Conservation; Disabled Access; and Noise Attenuation) Provide the applicant' s designee and the CITY, a typec list of 'items needing clarification or change t< achieve conformance with the above regulations. Perform' all. necessary liaison with the applicant t : designee,. either by telephone, mail or meeting il Esgil Corporation's main office, and perform al: necessary rechecks to achieve conformance to thc regulations. Perform all necessary liaison with the Buildinl Official or his designee, either by mail, telephone o in Esgil Corporation's main office, to insur compliance with V.B.C. Sections 105 and 106 and tc insure compliance with local policy interpretations. Perform plan reviews of revisions to plans that havl previously been approved for permit issuance, 0 perform plan reviews of major changes to plans prior t such approval, when such major changes are not require to achieve code conformance. Attend meetings related to proposed building project at the request of the Building Official at location other than Esgil Corporation's Plan Check Office. -7 'e e .I 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 checking 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 project. b. Provide the valuation for the proposed construction or instruct the CONTRACTOR to calculate the valuation in accordance with Sec. 111. B. 1. c. Provide the CONTRACTOR with copies of any 'CITY ordinances that modify the regulations listed in 111. d. Collect sufficient plan check fees or deposits from project applicants to ensure the CITY will not suffer a loss if the applicant decides to abandon the permit process after the CONTRACTOR has completed the initial plan check. . A. 2. ( 3. : PROGRESS AND COMPLETION The CONTRACTOR agrees to provide adequate resources to achieve the following service delivery goals for timely 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 !l!O C?OmcNR a. Compensation fos each plan reviewed under Sections 1, a-e shall be 52% of. the building permit fee calculated 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 the International Conference of Building Officials ir Building Standards or on the architect's estimatec construction cost, or on the Building Official's cos$ estimate. The Building Official shall have fina: decision authority over the value used. -1 '9 e . Plan check fee far 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 off ice, 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 madif ied 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 .Buildi'ng 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 rend.er 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 r: 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. 0 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 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. the right to annul this agreement without liability, or in 10. NONDISCRIMINATION CLAUSE The COWTRACTOR shall comply with the state and federal laws regarding nondiscrimination. 11. TEFMINATION OF CONTRAC'P 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 CITY. The CITY shall make a determination of fact based upon the documents delivered to CITY of the percen.tage of documents owned by the CITY and all work in progress to the 0. 0 1 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. 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 1s 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 mqy 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 w.ork 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 '5 to be made. 14. STATUS OF TRE 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 W The CONTRACTOR is an independent cont.ractor of the CITY. The payment made to the CONTRACTOR pursuant to the contract shall be the full and complete compensation to which the CONTRACTOR is entitled. The CITY shall not make any federal 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 Iinmigration 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 i It is the intent of the parties to this contract that CONTRACTOR and its employees, when performing duties 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." pursuant to .this contract, shall have the freedom from 16. OWNERSHIP OF D0CU"IlS 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 wor'k pursuant to this contract shall be vested in CITY and hereby agrees to relinquish all claims to. such copyrights in favor of CITY. L - '. 0 W 18. HOLD HARMLESS AGREEMENT The CITY, its officers, and employees shall not be liable for any claims, liabilities, penalties, fines, or any damage 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. to goods, properties, or effects of any person whatsoever, 19. ASSIGNMENT OF CONTRACT ' The CONTRACTOR shall nak 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 hecome 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 personall'y in this contract or any part thereof. ..' , .. e e, 22. VERBAL AGREEMENT OR CONVERSATION No verbal agreement or conversation with any,officer, agent, .. 01 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 e,ach of the parties hereto, and each of their respective heirs, executors, administrators, successors, and assigns. 24. EFFECTIVE DATE This agreement shall be year first written above. effective on and- from the day and 25. CONFLICT OF INTEREST The CONTRACTOR expressly will perform work or proviqe services to entities other than any of its officers or directors CONTRACTOR corporation or affirms that neither the not have a conflict of 'nterest in discharging the work force in order to ensure 'he CITY that the CONTRACTOR will government entities duri g the time this agreement is in covered by this agreement. .l, '. " 26. INSURANCE . . The CONTRACTOR shall obtai and maintain policies of general 1,iability insurance, aut mobile liability insurance, and a combined policy of worker's compensation and emp1oye.r~ liability insurance from Tn insurance company authorized to do business in the State of California which meets the requirements of City Council Resolution No. 91-403 in an insurable amount of not less than one million dollars ($1,000,000) each, unless canceled without thirty (30) days prior written notice to in force during the l&fe f this agreement and shall not be Manager. This insurance shall be City Attorney or the City a lower amount is approved by the the City sent by certifie mail. B I I ~ I ~ ~ ..' * ,. 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 8Yh day of Suds I 19%. > CONTRACTOR: CITY OF CARLSBAD, a municpal corporation of the State of California CIm ON (name of CONTRACTOR) BY " :. /?&,u{ju i?* iji (sign he b/J/yT By: ! , - -here) ES ESCATE i PRESIDENT, ESGIL CORPORATION title and organization of signatory By:;\ *J., ''t {{,(\[i; !VI \? (b!,/? , [ \&I . q ,~1&,2/Ci ' ' ATTEST : !sign P,,+ 'x * ./ L'/ 93 JAME JOSEPH GILSHIAN (print name here) ALETHA L. RAUTENKRANZ City Clerk VICE-PRESIDENT, ESGIL CORPORATION . (title and organization of signatory) I (Proper notarial acknowledgement of execution by CONTRACTOR must I (President or vice-president and secretary or assistant secretary \ corporation must attach a resolution certified by the secretary .i APPROVED AS TO FORM: be attached.) must sign for corporations. If only one officer signs, the or assistant secretary. under c-orporate seal empowering that officer to bind the corporhtion.) .I I ,, RONALD R. BALL City Attorney BY 9 I lb!"kR ' Deputy City Attdvfiey .. .. - 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 8Th day of ~UJQ I 19s. L CONTRACTOR: CITY OF CARLSBAD, a municpal corporation of the State of California ON ( name of CONTRACTOR) By :' yLd-. .. E!** z (sic In hew) () b/@y " By : u -*" .- ""... ." - ..-., _. " CALIFORNIA ALL-PURPOSE ACKN CAPACITY CLAIMED BY SIG Though statute does not require the Not; fill in the data below, doing so may r invaluable to persons relying on the docur NAME, TITLE OF OFFICER - E.G.. "JANE DOE, NOTARY PUBLIC' CORPORATE OFFICEWS) personally appearedRICHARD JAMES ESGATE & JAMES JOSEPH PRESIDENT & VICE-E NAME(S) OF SIGNER(S) Gr executed the instrument. .. 91992 NATl6NAL NOTARY ASSOCIATION 823g'RemmeI Ave., P.O. Box 7184 Cancga Park, CA RONALD R. BALL City Attorney BY 9 ( LLkfGZ I Deputy City Attdsfiey I I." e a < ESGIL CORPORATION 0920 CHESAPEAKE DR.. SUITE 208 SAN DIEGO, CA 92123 (619) 560-1468 LABOR RATES SCHEDULE* (EFFECTIVE JANUARY 1, 1993) CLASSIFICATION REGULAR RATE - PREFERRED RATE Division Manager $157.50 $118.65 Structural Engineer, S.E. . ' 173.25 130.20 Civil, Electrical, R.C.E. 115.50 87.15 Mechanical Engineer, M.E. 115.50 87.15 Electrical Engineer, E.E. 115.50 87.15 Energy Plans Examiner, C.B.C.1 115.50 87.15 I.C.B.O. Plans Examiner 98.70 74.55 Supervising Building Inspector 105.00 78.75 Building Inspector 89.25 67.20 Permit Specialist 80.85 60.90 Word Processing 55.65 42.00 Clerical Support 37.80 ,28.35 Corporate Attorney 280.35 210.00. 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 Buildhg 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. .r: 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 hplidays 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)