HomeMy WebLinkAbout1980-03-18; City Council; Resolution 61231
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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
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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.
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''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
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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
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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
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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.
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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.
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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.
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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.