HomeMy WebLinkAboutCD Building Permit Plan ReviewAGREEMENT FOR PROVIDING PLAN REVIEW SERVICES
This Agreement is made and entered into this 18th day of January, 2005, by and between
the CITY OF SAN RAFAEL (hereinafter "CITY"), and EsGil Corporation, (hereinafter
"CONTRACTOR").
WHEREAS, the CITY desires to employ the services of a CONTRACTOR to provide
plan review services involving ministerial code review for proposed building construction plans to
augment staff capabilities,
WHEREAS, the CITY wishes to contract with a firm staffed by highly credentialed
engineers and certified plan checkers with many years of regulatory plan review experience, and
WHEREAS, the CITY wishes to avoid conflict of interest problems by contracting with a
corporation that performs no work for the private sector and provides services exclusively to
governmental entities, and
WHEREAS, the CITY desires to contract with a firm presently and successfully providing
plan review services to government agencies;
NOW, THEREFORE, the parties hereby agree as follows:
A. CITY. The CITY Manager shall be the representative of the CITY for all purposes
under this Agreement. The Chief Building Official is hereby designated the PROJECT
MANAGER for the CITY, and said PROJECT MANAGER shall supervise all aspects of the
progress and execution of this Agreement.
B. CONTRACTOR. CONTRACTOR shall assign a single PROJECT DIRECTOR
to have overall responsibility for the progress and execution of this Agreement for
CONTRACTOR. Kurt Culver is hereby designated as the PROJECT DIRECTOR for
CONTRACTOR. Should circumstances or conditions subsequent to the execution of this
Agreement require a substitute PROJECT DIRECTOR for any reason, the CONTRACTOR shall
notify the CITY within ten (10) business days of the substitution.
/ 1 16*901KKI I ► WOMAN K •
CONTRACTOR shall perform the duties and/or provide services as follows:
Provide professional services for the review of proposed building plans for conformance to
regulations contained in the state mandated building, plumbing, mechanical and electrical codes, as
those codes are adopted by the CITY, including the following:
A. Perform traditional preliminary plan review consultations in CONTRACTOR's main
office by meetings or by telephone,
B. Perform traditional initial plan review of submitted plans to determine compliance with
CITY adopted Uniform Building Code, Uniform Plumbing Code, Uniform Mechanical
Code, National Electrical Code and California State Title 24 (Energy Conservation and
Disabled Access),
C. Provide the applicant's designee and the CITY a typed list of items needing
clarification or change to achieve conformance with the above regulations,
D. Perform all necessary liaison with the applicant's designee by telephone, fax, mail or
meeting in CONTRACTOR's main office, and perform all necessary rechecks to
achieve conformance to the regulations,
E. Perform all necessary liaison with the Chief Building Official or his designee, by mail,
telephone, fax or meeting in CONTRACTOR's main office, to insure compliance with
Uniform Building Code Section 104.2.7 and 104.2.8 and to insure compliance with
local policy interpretations,
F. Perform plan review or revisions to plans that have previously been approved for permit
issuance,
G. Perform extra work when requested in writing by the CITY, and
H. Attend meetings related to proposed building projects at the request of the Chief
Building Official at locations other than CONTRACTOR's office.
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:
PFJ .c� t Type
Residential and minor building
projects
Buildings less than four stories and of
normal complexity
Buildings of four or more stories in
height or of unusual complexity
Complete initial plan review in less than 8
working days
Complete initial plan review in less than 12
working days
Complete initial plan review in less than 15
working days or as agreed to by the
PROJECT MANAGER and
CONTRACTOR
For the purpose of measuring performance, working days exclude the day plans are received by
CONTRACTOR and include the day a plan review has been completed. Working days do not
include weekends or CITY holidays. Service level goals are subject to modification upon mutual
agreement of the CONTRACTOR and CITY.
CITY shall pay the compensation as provided in Paragraph 4, and perform the duties as
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follows:
A. Arrange and pay the cost of shipping one set of plans and documents to the
CONTRACTOR's office.
B. Obtain from the applicant, at the time of the project submittal, the necessary items to
allow plan review to be completed in the shortest overall time frame. Necessary items
include, but are not limited to, complete plans, construction specifications, soils 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.
C. Provide the valuation for the proposed construction or instruct the CONTRACTOR to
calculate the valuation in accordance with Section 4(A).
D. Provide the CONTRACTOR with copies of any CITY ordinances that modify the
regulations listed in Section 2(B).
E. Collect sufficient plan check fees 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.
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For the full performance of the services described herein by CONTRACTOR, CITY shall
pay CONTRACTOR as follows:
A. Compensation for each plan reviewed under Sections 2(A) through 2(E) shall be 45% of the
building permit fee calculated per Section 107.2 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 in Building Standards or on the architect's estimated construction cost, or
on the Chief Building Official's cost estimate. The value shall include all proposed
construction as defined in the Uniform Building Code Section 107.2.
Plan check fee for repetitive, identical buildings shall be 45% of the building permit fee as
noted above for the first, or basic building, and 10% of the building permit fee for each
additional building.
Compensation for structural -only plan reviews is reduced to 35% of the building permit fee
calculated per Section 107.2 of the Uniform Building Code.
The single fee includes all rechecks, plan check conferences as CONTRACTOR's office,
reviewing plans that are initially found to be incomplete and for the transmitting of plans
back to the jurisdiction.
The minimum fee for any proposed project plan review shall be one hundred dollars
($100.00).
B. Compensation for work performed under Section 2(F) shall be calculated either the same as
in Section 4(A) or shall be based on CONTRACTOR's current Labor Rates Schedule
attached as Exhibit A. The method of calculating compensation for each such plan
reviewed shall be as agreed to by the Chief Building Official and CONTRACTOR.
C. Compensation for work performed under Sections 2(G) and 2(H) shall be based on the
CONTRACTOR's Labor Rates Schedule attached as Exhibit A.
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Payment will be made monthly upon receipt by PROJECT MANAGER of itemized
invoices submitted by CONTRACTOR.
Total compensation through the term of this agreement shall not exceed $102,000, unless
extended as provided for in Section 5.
The term of this Agreement shall be for one (1) year commencing on January 19, 2005 and
ending on January 19, 2006. Upon mutual agreement of the parties, and subject to the approval of
the CITY Manager, the term of this Agreement shall be extended for an additional period of one
(1) year.
A. Discretionary. Either party may terminate this Agreement without cause upon
thirty (30) days written notice mailed or personally delivered to the other party.
B. Cause. Either party may terminate this Agreement for cause upon fifteen (15) days
written notice mailed or personally delivered to the other party, and the notified party's failure to
cure or correct the cause of the termination, to the reasonable satisfaction of the party giving such
notice, within such fifteen (15) day time period.
C. Effect of Termination. Upon receipt of notice of termination, neither party shall
incur additional obligations under any provision of this Agreement without the prior written consent
of the other.
D. Return of Documents. Upon termination, any and all CITY documents or
materials provided to CONTRACTOR and any and all of CONTRACTOR's documents and
materials prepared for or relating to the performance of its duties under this Agreement, shall be
delivered to CITY as soon as possible, but not later than thirty (30) days after termination.
7. QWNF.R ST4TP OF DOC T TMF.NTS.
The written documents and materials prepared by the CONTRACTOR in connection with
the performance of its duties under this Agreement, shall be the sole property of CITY. CITY may
use said property for any purpose, including projects not contemplated by this Agreement.
Upon reasonable notice, CONTRACTOR shall make available to CITY, or its agent, for
inspection and audit, all documents and materials maintained by CONTRACTOR in connection
with its performance of its duties under this Agreement. CONTRACTOR shall fully cooperate
with CITY or its agent in any such audit or inspection.
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The parties agree that they shall not assign or transfer any interest in this Agreement nor the
performance of any of their respective obligations hereunder, without the prior written consent of
the other party, and any attempt to so assign this Agreement or any rights, duties or obligations
arising hereunder shall be void and of no effect.
110 0 W1x2i1G:►
A. During the term of this Agreement, CONTRACTOR shall maintain, at no expense
to CITY, the following insurance policies:
1. A comprehensive general liability insurance policy in the minimum amount
of one million ($1,000,000) dollars per occurrence for death, bodily injury, personal injury, or
property damage;
2. An automobile liability (owned, non -owned, and hired vehicles) insurance
policy in the minimum amount of one million ($1,000,000) dollars per occurrence;
3. If any licensed professional performs any of the services required to be
performed under this Agreement, a professional liability insurance policy in the minimum amount
of one million ($1,000,000) dollars to cover any claims arising out of the CONTRACTOR's
performance of services under this Agreement.
B. The insurance coverage required of the CONTRACTOR by section 11. A., shall
also meet the following requirements:
1. The insurance shall be primary with respect to any insurance or coverage
maintained by CITY and shall not call upon CITY's insurance or coverage for any contribution;
2. Except for professional liability insurance, the insurance policies shall be
endorsed for contractual liability and personal injury;
3. Except for professional liability insurance, the insurance policies shall be
specifically endorsed to include the CITY, its officers, agents, employees, and volunteers, as
additionally named insureds under the policies.
4. CONTRACTOR shall provide to CITY's Risk Manager, (a) Certificates of
Insurance evidencing the insurance coverage required herein, and (b) specific endorsements naming
CITY, its officers, agents, employees, and volunteers, as additional named insureds under the
policies.
5. The insurance policies shall provide that the insurance carrier shall not
cancel, terminate or otherwise modify the terms and conditions of said insurance policies except
upon thirty (30) days written notice to CITY's Risk Manager.
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6. If the insurance is written on a Claims Made Form, then, following
termination of this Agreement, said insurance coverage shall survive for a period of not less than
five years;
7. The insurance policies shall provide for a retroactive date of placement
coinciding with the effective date of this Agreement;
8. The insurance shall be approved as to form and sufficiency by PROJECT
MANAGER and the CITY Attorney.
C. If it employs any person, CONTRACTOR shall maintain worker's compensation
and employer's liability insurance, as required by the State Labor Code and other applicable laws
and regulations, and as necessary to protect both CONTRACTOR and CITY against all liability
for injuries to CONTRACTOR's officers and employees.
D. Any deductibles or self-insured retentions in CONTRACTOR's insurance policies
must be declared to and approved by the CITY's Risk Manager and the CITY Attorney. At
CITY's option, the deductibles or self-insured retentions with respect to CITY shall be reduced or
eliminated to CITY's satisfaction, or CONTRACTOR shall procure a bond guaranteeing payment
of losses and related investigations, claims administration, attorney's fees and defense expenses.
10 IN MAJ1►11 • ►
CONTRACTOR shall indemnify, release, defend and hold harmless CITY, its officers,
agents, employees, and volunteers, against any claim, demand, suit, judgment, loss, liability or
expense of any kind, including attorney's fees and administrative costs, arising out of or resulting in
any way, in whole or in part, from any acts or omissions, intentional or negligent, of
CONTRACTOR or CONTRACTOR'S officers, agents and employees in the performance of
their duties and obligations under this Agreement.
12. NONOIC"RTMTNATTO .
CONTRACTOR shall not discriminate, in any way, against any person on the basis of age,
sex, race, color, religion, ancestry, national origin or disability in connection with or related to the
performance of its duties and obligations under this Agreement.
CONTRACTOR shall observe and comply with all applicable federal, state and local laws,
ordinances, codes and regulations, in the performance of its duties and obligations under this
Agreement. CONTRACTOR shall perform all services under this Agreement in accordance with
these laws, ordinances, codes and regulations. CONTRACTOR shall release, defend, indemnify
and hold harmless CITY, its officers, agents and employees from any and all damages, liabilities,
penalties, fines and all other consequences from any noncompliance or violation of any laws,
ordinances, codes or regulations.
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CITY and CONTRACTOR do not intend, by any provision of this Agreement, to create in
any third party, any benefit or right owed by one party, under the terms and conditions of this
Agreement, to the other party.
15. NOTICES.
All notices and other communications required or permitted to be given under this
Agreement, including any notice of change of address, shall be in writing and given by personal
delivery, or deposited with the United States Postal Service, postage prepaid, addressed to the
parties intended to be notified. Notice shall be deemed given as of the date of personal delivery, or
if mailed, upon the date of deposit with the United States Postal Service. Notice shall be given as
follows:
TO CITY:
Project Manager
CITY of San Rafael
1400 Fifth Ave. (P.O. Box 151560)
San Rafael, CA 94915-1560
or, as applicable:
CITY Risk Manager
CITY Of San Rafael
1400 Fifth Avenue (P.O. Box 151560)
San Rafael, CA 94915-1560
TO CONTRACTOR: Kurt Culver
(Project Director)
EsGil Corporation
9320 Chesapeake Drive, Suite 208
San Diego, CA 92123
1►1W 91 U 00D
For the purposes, and for the duration, of this Agreement, CONTRACTOR, its officers,
agents and employees shall act in the capacity of an Independent CONTRACTOR, and not as
employees of the CITY. CONTRACTOR and CITY expressly intend and agree that the status of
CONTRACTOR, its officers, agents and employees be that of an Independent CONTRACTOR
and not that of an employee of CITY.
1:1 W-11UH114 a a u I a ► : u I a 011N u 19100 M
A. The terms and conditions of this Agreement, all exhibits attached, and all
documents expressly incorporated by reference, represent the entire Agreement of the parties with
respect to the subject matter of this Agreement.
B. This written Agreement shall supersede any and all prior agreements, oral or
written, regarding the subject matter between the CONTRACTOR and the CITY.
C. No other agreement, promise or statement, written or oral, relating to the subject
matter of this Agreement, shall be valid or binding, except by way of a written amendment to this
Agreement.
D. The terms and conditions of this Agreement shall not be altered or modified except
by a written amendment to this Agreement signed by the CONTRACTOR and the CITY.
E. If any conflicts arise between the terms and conditions of this Agreement, and the
terms and conditions of the attached exhibits or the documents expressly incorporated by reference,
the terms and conditions of this Agreement shall control.
18. SET -(SFE AGAMST DEBTS.
CONTRACTOR agrees that CITY may deduct from any payment due to
CONTRACTOR under this Agreement, any monies which CONTRACTOR owes CITY under
any ordinance, agreement, contract or resolution for any unpaid taxes, fees, licenses, assessments,
unpaid checks or other amounts.
The waiver by either party of any breach or violation of any term, covenant or condition of
this Agreement, or of any ordinance, law or regulation, shall not be deemed to be a waiver of any
other term, covenant, condition, ordinance, law or regulation, or of any subsequent breach or
violation of the same or other term, covenant, condition, ordinance, law or regulation. The
subsequent acceptance by either party of any fee, performance, or other consideration which may
become due or owing under this Agreement, shall not be deemed to be a waiver of any preceding
breach or violation by the other party of any term, condition, covenant of this Agreement or any
applicable law, ordinance or regulation.
The prevailing party in any action brought to enforce the terms and conditions of this
Agreement, or arising out of the performance of this Agreement, may recover its reasonable costs
(including claims administration) and attorney's fees expended in connection with such action.
CONTRACTOR shall pay any and all state and federal taxes and any other applicable
taxes. CONTRACTOR's taxpayer identification number is 95-3444018, and CONTRACTOR
certifies under penalty of perjury that said taxpayer identification number is correct.
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22. APPT JC ART ,F TA -W.
The laws of the State of California shall govern this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month
and year first above written.
CITY OF SAN RAFAEL
ROD COULD, CITY Manager
ATTEST:
%� .
JEAW E M. LEONCINI, CITY Clerk
Y T. TI, C Y Attorney
0
CONTRACTO
By:
Title: Pr- -e :!s r
(Revised 6199)
ESGIL CORPORATION
LABOR RATES SCHEDULE
Effective, July 1, 2001
2. Preferred rates are used for all client jurisdictions where Esgil Corporation has a current
approved plan review contract in place.
3. 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.
(Rates are evaluated each year.)
HADATA\LABRATES
06/21101
EXHIBIT A
REGULAR
PREFERRED
CLASSIFICATION
RATE*
RATE*
Division Manager
$175.00
$130.00
Supervising Structural Engineer
163.00
123.00
Civil, Electrical, R.C.E
127.00
96.00
Electrical Engineer, E.E.
127.00
96.00
Mechanical Engineer, M.E.
127.00
96.00
Structural Engineer, S.E.
145.00
110.00
Energy Plans Examiner, C.B.C.I
127.00
96.00
I.C.B.O. Plans Examiner
110.00
82.00
Supervising Building Inspector
115.00
87.00
Building Inspector
98.00
75.00
Permit Specialist
88.00
` 66.00
Word Processing
61.00
46.00
Clerical Support
41.00
31.00
Corporate Attorney
310.00
235.00
NOTES:
*Hourly
1. Labor rates are only used for work when requested by our clients,
where a Building Code
plan review fee is not applicable or appropriate.
2. Preferred rates are used for all client jurisdictions where Esgil Corporation has a current
approved plan review contract in place.
3. 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.
(Rates are evaluated each year.)
HADATA\LABRATES
06/21101
EXHIBIT A
Certificate of Insurance
Description of Operat ions/LocaIionaNahjc)es/Restrlctlons/Special items:
EVIDENCE OF INSURANCE
'Written at aUoreaate limits of
1 of 1 #89386
Agency Name and Address:
THIS CERTIFICATE IS ISSUED AS A MATTER OF
Professional Practice
INFORMATION ONLY AND CONFERS NO RIGHTS UPON
Insurance Brokers, Inc.
THE CERTIFICATE HOLDER. THIS CERTIFICATE ODES
2030 Maln Street, Suite 350
NOT AMEND, EXTEND OR ALTER THE COVERAGE
Irvine, CA 92614.7248
AFFORDED *(HE POLICIES LISTED BELOW.
Insureds Name and Addresa
Cornpanles Affording Policies:
A St. Paul Fire & Marine Insurance Co.
Esgil Corporation
Casualty Company
9320 Chesapeake Drive, Suite 208
c Continental
San Diego, CA 92123
0
13.
F
COVERAGES. THIS IS TO CERTIPY THAT POLICIES OF INSURANCE LISTED BCLOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR TN! POLICY PERIOD INDICATED
NO'M'ITMSTAND:NG ANV ryEOUIRFMENT. '/ERM OR CONDITION OF ANY CONTRACT OR OrMCH OOCUIr!ENr WITH FESPECT'f0 WHICH 7HIS CERTtFICATC MAY GE IBeUEO OR
VAY PERTAIN. TML INSURANCE AFFORDED BY THE POLICIFS O@SCRIBED NER51N
IS sUBJECT'ro ALL THE TERMS. F✓<CLUSIONS. AND CONDITIONS OF SUCH POLICIES.
TYPE OF )NSURANCE POLICY NUMBER
EFF.DATE EXP DATE POLICY LIMITS
GENERAL LIABILITY
Gonsral Aggregate
❑ Commercial General Liability
Products-Com/Ops
0 Claims Mad-
Aggragete'
❑ Occurrence
Personal End Adv Injury'
❑ Owner's and Contractors
Each Occurrence.
ProleDUve
Fire Dag. (any one fire).
F1
AUTO LIABILITY
Combined Single Limit:
❑ Any Automobile
Bodily Injury/person;
❑ All Owned Auto.;
Bodily Injury/accident
❑ Seheduled Autos
Property Damage-
❑ Hlred Autos
❑ Non owned Auto%
❑ Garage Liability
n
EXCESS LIABILITY
Each Occurrence:
❑ Umbrella Form
Aggregelw
❑ Otho(ftn Umbrella Form
A WOPIKER6' BWO1878492
09/01/04 09/01/05 Statutory Limits
COMPENSATION
Each Accident: SI.000,000
ANO EMPLOYER'S
LIA9IUTY
Dieeasa/Pdley Limit' 51,000,000
Disease/Employee: 51,000,000
13 PROFESSIONALPer
ASAl1J827665
Claim 51.000.000
09/30/Od 09/]0/05
LIABILITY'
±Mlegote 51.000,000
s0
Description of Operat ions/LocaIionaNahjc)es/Restrlctlons/Special items:
EVIDENCE OF INSURANCE
'Written at aUoreaate limits of
liability not lepT. than amount shown.
CerlifIcate Holder: THE AGGREGATE LIMIT IS THE TOTAL INSURANCE AVAILABLE FOR CLAIMS PRESENTED
WITHIN THE POLICY FOR ALL OPERATIONS OF THE INSURCD
City of San Rafael
CANCELLATION:
Attn: Risk Manager
SHOUtO ANY OF THC ABOVE OESCRISCO POLICIES BE CANCELED BEFORE THE GIIPIRATION
DATE THEREOF THE ISSUING COMPANY, ITS AGENTS OR REPACSCNTATIVES W11L MAIL 00
1400 Fifth Avenue
DAYS WRITTEN NOTICE TO 1HE CERTIFICATE HOLDER NAMED TO THE LEFT. EXCEPT IN
San Rafael, CA 94901
THE EVENT OF CANCELLATION FOR NON•PAYMCNT OF PREMIUM IN WHICH CASE IODAYS
NOTICE W LL BE GIVEN
cc
ANhamind 01/20/05
v✓rr iGC. ��
Pollcy Number: DK01911958
Owners, Lessees Or Contractors (Form B)
ADDITIONAL INSURED
THIS ENDORSEMENT CFIANGES THE POLICY. PLEASE READ IT CAREFULLY.
'This endorsernent modifiee insurance provided under the following
LIABILITY COVERAGE PART,
SCHEDULE
Name of Person or Organization:
The City of Sun Rafael
Re: All Operations of the Named Insured
SECTION II -WHO IS AN INSURED is amended to include Schedule, but only with respect to liability arising
as an insurod the person or orsanizetion shown in out of "your work" for that Insurod by or for you
CUBF 22 40 03 05 Includes copyrighted material of Insuranoe Services Offices, Irw , with its permission
Copyright, Insuranco Sarvicoa Office, Ina , 1994
ROUTING SLIP FOR APPROVAL OF
CONTRACT/ AGREEMENTS/ ORDINANCES/ RESOLUTIONS
INSTRUCTIONS: USE THIS FORM WITH EACH SUBMITTAL OF ORIGINAL
CONTRACT/AGREEMENT/ORDINANCE/RESOLUTION BEFORE
APPROVAL BY COUNCIL/AGENCY
SRR/ SRCC GENDA ITEM O. C. -
FROM:
FROM: Robert Brown
Date: January 6, 2005
Originating Department: Community Development
TITLE OF DOCUMENT:
RECEIVE[)
Agreement for Providing Plan Review Services
JAN 0 6 2005
CITY ATTORNEY
i
D,�gartment Head (Signature)
(LOWER HALF OF FORM FOR APPROVALS ONLY)
REVIEWED BY CITY MANAGER/EXECUTIVE TO:
DIRECTOR APPROVED AS TO FORM:
APPROVED AS COUNCIL/AGENCY AGENDA ITEM
(Signa
NOT APPROVED
REMARKS: