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CD 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 2 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. •uP ► •► 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. 3 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. 4 ` ► , : 1 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. 5 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. 0 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. 0 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: