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HomeMy WebLinkAbout1980-08-19; City Council; Resolution 62791 2 3 4 5 6 7 8 9 1c 11 12 0 6 1: 2( 2: 2: 2; 21 2; 21 2' 2i 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 rereby resolve as follows: 1. That the previous agreement between the City of Carlsbad md ESGIL Corporation, approved by Resolution No. 6123 adopted [arch 18, 1980, is terminated. 2. That the certain agreement between the City of Carlsbad tnd ESGIL Corporation for building plan check services, a copy )f which is attached hereto marked Exhibit A and made a part iereof, is hereby approved. 3. That the Mayor of the City of Carlsbad is hereby iuthorized and directed to execute said agreement for and on iehalf of the City of Carlsbad. PASSED, APPROVED AND ADOPTED at a regular meeting of the 5ty Council of the City of Carlsbad, California, held on the -day of ~,~~~~t , 1980 by the following vote, to wit: AYES : Council Members Packard, Casler, Anear, Lewis and Kulchin NOES : None ABSENT: None ATTEST : A. 2 ALETHA L. RAUTENKRANZ, City Clerk (SEAL) .. ', .. ,. WON< FOR EUILDLNG PL*L?J CMECCK SERVICES - c .. . THIS CONTRKT is made by City of Carlsbad a. thnicipal . Czlif ornia Corporation, fierekmfter called "Contractor". .. .. .. .c TLVEREAS~ City desires co employ the services OL Contrzctax . .. 0 .- a 'to review and check for corr:dctness the design calculations, $Ian~, :ax& material specificztZons for cer'czirr- buildings proposed .for .. .. - . construction within the City. .- ._ .' -. . . \?&%F~LS, City 'desircs Lo obtzh pl2.n checking Contractor - .. .. .services at no cost to the Caxpaper; and IJEfEREliS City desires all. payments to. the Contr~ctor be fu1X.y . funded by using ody a portion. of the .<. plan check fee paid >yj. . '. . facility; and 'IWXE:AS, the City desires to have design calculations, plans, ,..' I - .-. . . ' , and katcrial specifications. for certain builclings proposed for I cons tructian revicwccl by Contractor within guarantccrl timc periods cclua3. to 03: more prompt: than present: wilviw tines; and * '5 . .- ”, . ‘. 0 ’ WZZEKEAS, City desires .to fosrer unifomity among government agencies by having a single non-gokrnmental agency uniformly zpply mandated’life-safety regulations;’ ;md . .. WEREAS, the Ciry wishes to moid confli.ct of Lnterest problem by contracting with ’a corporation thafi provides .. services exclusively to government agencies; end . L -. WHEREAS, the City wishes to have professional- technical regulatory resources available during periods of Mgh workload, staff turnover and loss of trzined staff; and WHEREAS, the City wishes to contract for services with an entity directed by persons experienced and Icnowlcdgeable 5.n building :code interpretation and application; and . . tJZIEEAS, the two founding directors of the eontraceor I- -. Corporation are both Professional Engineers (Civil) and have served fifteen and thirteen years 5-n high level. regulatory managernent positions in government related to-building ‘inspect-,ion and County engineer functions ; and IEdEREAS the Contractor is willing to accept employment by the City far the Contractor’s services in accordance with * this contract. Q NOiJ, T’;IEF’,EFORE, in consideration of the prcmises and .mutual convenants and agreements herein contained, it is agreed between the parties hereto as follows: in a contractual capaci:yJ to review and check for correctness the design calculations, plans , and materizl specifications in accordance with es tabliskcd regulatory zgency plan checking practices for certain buildings proposed for construction within I . . I .. fhe City with said work to 'be performed within the tems a~cl - conditions hereinafter set Eorth. SECTION '2 a CONFLICT OF INTEXEST I The Cbntractoy'expressly affLxms that neither the Contractor . Corporation or any of its officers or directors will. perform work or provide services to entities other thm government entities during the time this contract is in force Ln order to ensure the'City that the Contractor will not have a conflict of interest in discharging the work. covered by this cont.ract. SECTLOi; 3. DUTIES OF CO>?ITu%C'?O3. The Contractcr shall provide , in es tabxished wr!;mmlik& . and professional mznner, 2nd at its own cost and expense, all .Labor, teclmical, administrative, professiond. and othcr personnel, all supplies and materials . equipment ,. printing, vehicles I 'twansport2tionJ office space and fzcilities and all analysesl calculatiocs, and a11 other resources whztsoevcr, except as herein. othen7ise expressly specified to be furnished by the City necessary or proper to perform the. specified work required by this contract. a. Revicw and check for completeness and correctness, based upon the Uniform Building Code, Uniform Mechanical Code, National Electrical Code,Unifowm Plumbing Code, State Handicapped Rcquirernents State NO~S~ 2nd Energy c .-.. I. i c .. , ' b. c. d. e. f. Regulations m @ dated by the Szate of Cz. or: ornia a as adopted by the City, the design of certain designated. buildings as defined by the design calculations, drawings, specifications 2nd reports of the designated buildings and perform rechecks of corrected plans. Develop and Eaintain mitten. lists of corrections need-ed . to have the plans comply with the specified rcgu2atLons. Xransmit .such correction lists to, and consult with, the' City Building Of&icizl as necess;3ry, in order to clarify the corrections to be made by the designer of the building to achieve confomance with regulztions . Provide City with a letter indicating that, in the Contractor's opinion, the plans have been found to be sti'b'stantially correct' and complete based upon the . regulations when the: Contractor's plan check, or recheck, confirms thzc the plsns are in conformance. "he Contractor shall maslmize the use of appropriate prose materials, lists of critical code sectFons, specification sheets and construction detail sheets : €or incorporation in the applicznt's plans and specificztions in order to expedite the plan approval process while ensuring that 'the approved plens z<e comp let e. Pickup Erom the City facility each Mondq- 2nd Thursday plans to be plan checked and deliver previously plan checked or rechecked plans. Y . .. - SECTION 5. DECISION AUTHORITY OT WE CITY BIUILDXNG OFFICIAL * The Contractor agrees to perform all work to the satisfaction of the City Building Official and the City Building Official has final decisi.on authority t6 negstte or modify any requirements or decisiais perceived by the Contractor 'to be necessary to achieve. *% * .. .. . compliance with the regulations. c .. ~ ' SECTION. 6. PEPCFORILAKCE LIAISON AXG CRITIQUE -. me' City Building Or'€icial will meet monthly with the Contractor to advise the Contractor sf new City ox: state legislation that might impact the Contractor's work 2nd to critique the prior work procedures and iden t i fy areas where modifications io the procedures used by the Contractor and City * are desirable. .- SECTION 7. BtrTZZS OF C1"Y . "he City shall provide at a designated lacation in'the City facllity tt~o sets of building pla~s for each project to be picked up and checked for . a11 calcalations, reports ccinpliznce by the Contractor, including . and attachments necessary to allow plan checking to commence. 'up or cfelivercd by Contractor on Pfonday and TSursday 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 s'heets and other printed material normally used by City staff in the p1.m chccking process .. 'and as attachmcnts to applicant plans to provide construction or ' specification details or initructions to the* applicant. The City shall be responsible for ensuring compliance with any other laws and or'dinanccs pertinent to proposed building construction 0. * 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.. 1. 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 neede'cl for code compliance: Workdays ' Initial Check- Recheck Single faniily dwelling 7 3 Dupl ex dwell i ng 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 liC SECTION 9. ASSiSNMENT OF WORK TO CONTRACTOR The City and Conzractor agree that the amount of work assigned to the Contractor durfn; the life of the contract shall be determined at the discretion ~f the Building Director. I SECTION IO. PLA'fi 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 he mutually agreed upon by the Contr'actor and Building Official .B .. .. prior to performing the work. SECTION 11. COMPENSATION TO THE CONTRACTOR -. The City shall calculate and collect the plan checking fee $et 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 Tnternationa? Conferefice of Building Officials Magazine in their first publication .after-thc 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 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 Check'ing 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 cmpensation for additional identical proposed .. buildings for which ?73n checking fees are collected at the same time shall be twenty percent of the plan checking fee co1,fected by the City for each buiiciing. 8 Notwithstanding zny 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 coniputer services utilized in connection with computer checking of structural calcudations upon the presentation .. 0 of satisfactory evidence regarding these costs and the City shall recover such costs from the applicant prior to permit issuance. Where planss and reports attendant to the plans, propose uniqrne 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 t0.b.e collected by the City from the applicant prior to permit issuance. The City shall pay the expert. .SECTION 72. TIMELINESS OF PAYMENTS TO THE CONTRACTOR The Contractor shall submit on the fitst 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. City shall mail or otherwise deliver payment of approved invoiced The charges prior to the tenthlwork day of the month submitted. *. the invoice was SECTION 7 3, CSYTRACTOR PERFORMANCE DOCUMENTATION ' The Contractor skzil note with the return of each plan to the the day of ths week and,date it was received by the City, (2) the day of the week and date the Contractor was infornlcd 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 Contractol- and returned to the City and .. (5) repetitive data pertinent to second and third plan reviews. ur e ’ SECTION 14. NOTICE Of INTENTION TO TERbtTNATE CONTRACT Either party may give Notice of Termination of Contract by giving thirty (30) days written notice of Intention to Terntjriate ‘L contract. . The Co.ntractor shall be compensated in accordance‘ with - the terms of this contract, pro rata, for work in process in the . event of termination. S’ECTION 15. WOLD HARMLESS AGREEMENT The City, its agents, officers, and employees shall not be Jiable 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 arisl’ny out of or resulting directly or indirectly from any act, error or. omission of Cantracter or Contractor’s agents, employees or . representatives. Contractor agrees to indemnify and saie free and harmless the City and its authorized agents, officers, and employees against any of the foregoing liabilities or clainis 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. .. Q .. ._ ’ 0 .- SECTION 16. XNSURRMCE Cdntractor shall obtain and maintain a policy of fiab-i?ity insurance from an insurance company authorized to be in business in the State. of California, in an insurable amount not less than one million dollars ($l,OOO,OOO>. This insurance shall be in force .. . during the ’life of this agreement and shall not be cancelled without,ten (IO) 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 77. EXTRA WORK Contractor, in performing his services, shall not do extra r work in excess of this agreement without the wri-t-tcii permission of the City or t’ts designated representative, SECTION 18. WORKING DAY DEFINITION For the purpose of measuring plan check performanceg the working days specified in Se,ction 8 exclude the work day ihe Contractor is notified the plans are ready for pickup, buk 1 Jnclude the day plans are delivered to the City by the Contractor. Work days do not include Saturdays, Sundays, or City holidays. .. rn 4 *. ., ‘ e SECTION *79. 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 J/J~ day of PUGUS7 , 5980. I I CITY OF CARLSBAD, a mun-icipa’l corporation of the State of California ATTEST: RONALD C. PACKARD, Mayor ALETHA L. RAUIENKRAKZ City Clerk ESGLL corporation, a California Corporation - APPROVED AS TO FORM: BY VINCENT F. BIONDO, J2.: City Attorney City Attorney