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HomeMy WebLinkAbout1980-03-18; City Council; Resolution 61231 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 6133 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING THE TRANSFER OF FUNDS FOR PROFESSIONAL SERVICE AND APPROVING AN AGREEMENT FOR PLAN CHECKING SERVICES. WHEREAS, the City Council desires in the best interest of the City to enter into an agreement with a consultant for Building Plan Checking Services; and WHEREAS, the services sought involve highly specialized and technical skills; and WHEREAS, the services desired by the City appear to be avail- able from only one source. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad as follows: 1. 2. 3. PASSED, That the transfer of five thousand dollars ($5,000) from the General Government Administration Professional Services Account to the Building Department Professional Services, is hereby authorized and approved. That Department of Finance Fund Transfer No. - 63 on file in said department and incorporated by reference herein i.s approved. That the City Council hereby approves the agreement be- tJJeen ESGIL Corporation and the City of Carlsbad a.ttached thereto as Exhibit A and made a part thereof a.nd authorizes the City Manager to sign said agreement. AFPROVED AND ADOPTED by the City Council of the City of t 1 2 z 4 fi U 6 7 E! 9 IC I1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PAGE 2 1980, by the following vote, to wit: AYES:: NOES:: None Councilmen Packard, Skotnicki, Anear, Lew s and Councilwoman Casler RONALD C. PACKARD, Mayor ATTEST : ALETHA L. RAUTENXRANZ, City Cle k k (SEAL ) .. CONTRACT AND STATEKENT OF WONK - FO,R BUILDING PTAB CHECK SERVICES c THIS CONTRACT is made by City of Carlsbad a Municipal corporatT.cn, hereh &led City and ESGIL CORPORATION, a California Corporation, hexeinaf ter called "Contractor'). RECITALS WHEREAS, City desires to employ the services of Contractor to weview and check for correctness the design calculations, plans, .and material specifications for certain buildings proposed for construction within the City. \?HEREAS, City desires to- obtain plan checking Contractor services at no cost to the taxpayer; and WHEREAS City desires all payments to the Contractor be €dly funded by using only a portion of the plan check fee paid by-:. .. applicants for plan chezl:Lrrg proposed building construction; and WHEREAS, City deslzzs to have the cost of the Contractor . --.. services be less t1n.z~~ tks plan check fee paid to the Contractor in order to provide mo-i.,ey to offset tRe cost of City staff -_ performing clerical and administratLve duties related to plan approval ; and WHEREAS, City wishes to reduce applicant waiting times *.. regarding plan check and plan recheck at the City permit issuance facility; and 7 WHEREAS, the City desires to have design calculations, plans, .-- - - / and material specifications 1 for certain buildings proposed for construction reviewed by Contractor 'within guaranteed time periods equal to or more prompt than present xeviex tines; and WHEREAS, 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 direc.ted by persons experienced and knowledgeable in building -code interpretation and application; and WHEREAS, the two founding directors of the Contractor Corporation are both ProfesGional 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 WHEREAS, the Contractor is willing to accept employment by the City for the Contractor's services in accordance with this contract. NOW, TTdEREFORE, in consideration of the promises and mutual convenants and agreements herein contained, it is agreed between the parties hereto as follows: 2. . . .. .. . . _, . . I-..- . _.I SECTION 1 ''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 buildingsproposed 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 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- 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. SECT I OK 3; DUTIES OF CONTRACTOR The CorLtractor shall provide, in established workmanlike and professional manner, and at its om cost and expense, all 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 expresslty specified to be furnished by the City necessary or proper to perform the spexified work required by this contract. SECTION 4. WORK REWIRED BY CONTRACTOR a. Review arid check for completeness and correctness, based upon the Uniform Building Code, Uniform Mechanical Code, National Electrical Code, Uniform P lumb ing Code, State Handicapped Requirements, State Noise and Energy - b. C. d. e. Regulations mandated by the State of California, 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. Develop and maintain written lists of corrections needed .% to have the plans comply with the specified regulations. 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 with regulations. 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. 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 process while ensuring that the approved plans are complete. f. Pickup from the City facility each Monday.and Thursday plans to be plan checked and deliver previously plan 'I checked or rechecked plans. 4. SECTION 5. DEiCISION AUTHORIm OF THE CITY BUILDING OFFICIAL ' The Contractor agrees to perform all work to the satisfaction of the City Building Official and the City Building Official has final decision authority to negate or modify any requirements or decisions perceived by the Contractor to be necessary to achieve compliance with the regulations. SECTION 6. PERFORMANCE LIAISON AND CRITIQUE The City Building Official will meet monthly with the Contractor to advi.se the Contractor of new City or state legislation that might impact the Contractor's work and to critique the prior work procedures and identify areas where modifications to t:he procedures used by the Contractor and City . are desirable. SECTION 7. DUTIES OF CITY The City shaIL1 provide at a designated location in'the City facility two sets of building plans for each project to be picked up and checked for compliance by the Contractor, including all calculations, reports and attachments necessary to allow plan checking to commence. up or delivered by Contractor on Monday and Thursday 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 sheets and other printed material normally used by City staff in the plan checking process and as attachments to applicant plans to provide construction or specification details or instructions to the applicant. other laws and ordinances pertinent to proposed building construction The City shall be responsible for ensuring compliance with any . 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. 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- Duplex dwelling Three to eight unit dwelling 7 7 7 Nine to thirty-six: unit dwelling 7 3 More than thirty-six unit dwelling 7 3- 'Non-dwelling projects 1; 5 SECTION 9. To allow the Contractor to efficiently and effectively MINIMUM QUANTITY OF DAILY KORK TO CONTRACTOR schedule resources to serve the City under the terms of this contract the City and Contractor agree that the minimum work assigned to the Contractor during the life of the contract and any. extensions to the contract shall be as follows: Des cr ip t ion Daily Weekly Single family or duplex projects Indus trial/Commercial projects Other: $400,000.00 (Total Building Permit Value) Monthly Monthly mto exceed the amount budgeted within any Fiscal year) 6. .. SECTION 10. PE:RFORMING WORK ABOVE THE SPECIFIED MINIMUM WORK The designated representative of the City for this contract, with the mutual agreement of the Contractor, may assign work above the minimum work described in Section 9 during periods of high workload, staff vacations, staff illness, loss of trained staff or unforeseen events adversely impacting service delivery. 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 published in the magazine e 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 cal.culating 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 will1 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. 7. . . .. ..c . . . *... 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 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 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 to be collected by the City from the applicant prior to permit issuance. The City shall pay the expert. SECTION 1.2. 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) 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. 8. SECTION 14. NOTICE OF INTENTION TO TERMINATE CONTRACT Either party may give Notice of Termination of Contract for cause by giving ninety days written notice of Intention to Terminate Contract and specifying the causes for the termination e notice. The Contractor shall be compensated in accordance with the terms of this contract, pro rata, for work in process in the event of termi nation. 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. e or resulting directly or indirectly from 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 foregoing liabilities or claims 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. -9- I.. %II SECTION 16. INSURANCE Contractor shall obtain and maintain a- policy of liability insurance from an insurance company authori-zed to be in business in the State of California, in an insurable amount not less than one million 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 an 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 DEFLNITION 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, but include the day plans are delivered to the City by the Contractor. Work days do not include Saturdays, Sundays, or City holidays. 10. . _. . , . . .- -1 4% 6 The duration SECTION 19. DURATION OF CONTRACT of this contract is continuous unless terminated for cause or terminated by the mutual agreement in writing by both parties. The contract may be extended for twelve months at a time if the Contractor is successfully discharging the duties of this contract and if the designated representative of the City for this contract and the Contractor agree in writing that it would be to the mutual benefit of the City and the Contractor to have the contract extended. Each party to the contract shall express in writing their intention to extend or not extend the contract ninety days prior to the date of expiration of the contract or the date of expiration to previously agreed extensions of the contract. IN WITNESS b7HEREOF, the parties hereto have executed this agreement on the-// kdi day of , 1980. ATTEST : CITY OF CARLSBAD, a municipal corporation--..oX, the State of California City Clerk ESGIL Corporation, a California Corporagion 11.