HomeMy WebLinkAbout02683 - ESGIL CORP OVERFLOW PLAN CHECK BUILDING DEPT July 15, 2015
City Council Meeting
2.E. APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH ESGIL
CORPORATION FOR "ON CALL" BUILDING PLAN CHECK SERVICES AND
APPROVAL OF AMENDMENT NO. 2 TO THE PROFESSIONAL SERVICES
AGREEMENT WITH RKA CONSULTING, INC. FOR "ON CALL" BUILDING
PLAN CHECK SERVICES:
Item 2E Staff Report
ACTION:
1) Terminate Agreement No. A2683 with Esgil Corporation, effective September
13, 2015, and approve a new agreement with Esgil Corporation for "On-Call"
Building Plan Review Services for an initial term through June 30, 2018,
subject to two additional one year extensions approved at the discretion of the
City Manager;
2) Approve Amendment No. 2 to Agreement No. A6208 with RKA Consulting
Group, Inc. for "On-Call' Building Plan Review Services; and
3) Authorize the City Manager to execute all necessary documents. A2683.
A6726. A6208.
4) Motion Councilmember Mills, seconded by Mayor Pro Tern Lewin and
carried unanimously
Esgil Corporation - overflow
plan check for bldg division
AGREEMENT #2683
R16713, 3-15-89
CONTRACT AND STATEMENT OF WORK
FOR PROVIDING BUILDING INSPECTION DEPARTMENT SERVICES
This contract is made by the City of Palm Springs, a municipal
corporation, hereinafter called CITY, and Esgil Corporation , a Calrfornia
Corporation, hereinafter called CONTRACTOR.
RECITALS
WHEREAS, CITY desires to employ the services of a contractor to provide
Building Inspection Department services involving providing plan checking
of proposed building construction plans; and
WHEREAS, CITY desires to implement a high level of professional and
technical Building Inspection Department aservices at a cost not greater
than the fees paid by the permit applicants; and
WHEREAS, CITY does not wish to increase staff size where equal or better
services can be provided at a lesser cost to the CITY by using contractor
services provided by the private sector; and
WHEREAS, CITY does not wish to risk having to fund deficits incurred
in the operation of the Building Inspection Department during low periods
of activity in the cyclical construction industry; and
WHEREAS, 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 government entities ; and
WHEREAS, CITY wishes to contract with a firm directed by persons having
experience and knowledge in the interpretation and application of complex
regulations providing for protection of the public; and
WHEREAS, CITY desires to contract with a firm presently successfully
providing plan review services to building inspection departments; and
WHEREAS, CONTRACTOR'S founding directors are both registered Professional
Engineers in the state of California and they have served fifteen and thirteen
years, respectively, in high level regulatory management positions in local
government; and
WHEREAS, CONTRACTOR presently provides services to 43 cities and counties
in California; and
WHEREAS, CONTRACTOR is willing to enter into a contract with the CITY
to provide building inspection department plan check services to the CITY
in accordance with this contract;
2I�1 Enclosure A
NOW THEREFORE, in consideration of the promises and mutual covenants
and agreements herein contained, it is agreed between the parties hereto
as follows:
I. DESIGNATION OF CONTRACTOR
CITY does hereby appoint ESGIL CORPORATION to provide professional
services for the review of proposes building plans for conformance
to regulations contained in the state mandated building, plumbing,
mechanical and electrical codes, as those codes are amended
by the CITY; in state laws governing energy conservation in
buildings, provisions for access to buildings by handicapped
persons and provisions to attenuate noise in buildings; to perform
additional work when requested by CITY: and to perform all of
the above described work in accordance with the terms and
conditions hereinafter set forth.
II. CONFLICT OF INTEREST
The CONTRACTOR expressly affirms that neither the CONTRACTOR
corporation or any of its officers or directors now has a conflict
of interest and will not perform work or provide services to
entities other than government entities during the time this
agreement 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 agreement.
III. WORK TO BE PERFORMED BY CONTRACTOR AND COMPENSATION
A. Plan Review Services Scope of Work
1 . Perform traditional preliminary plan review consultations
in Esgil Corporation' s main office by meetings or by
telephone.
2. 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
California State, Title 24 (Energy Conservation and
Handicapped Access Regulations)
Noise Attenuation (All as Amended)
3. Provide the applicant's designee and the CITY, a typed
list of items needing clarification or change to achieve
conformance with the above regulations.
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4. Perform all necessary liaison with the applicant' s designee,
either by telephone, mail or meeting in Esgil
Corporation 's main office, and perform all necessary
rechecks to achieve conformance to the regulations.
5. Perform all necessary liaison with the Building Official
or his designee, either by mail , telephone or in Esgil
Corporation's main office, to insure compliance with
U.B.C. Sections 105 and 106 and to insure compliance
with local policy interpretations.
6. Perform plan reviews of revisions to plans that have
previously been approved for permit issuance, or perform
plan reviews of major changes to plans prior to such
approval , when such major changes are not required to
achieve code conformance.
7. Attend meetings related to proposed building projects
at the request of the Building Official at locations
other than Esgil Corporation 's Plan Check Office.
B. Compensation For Plan Review Services
1 . Compensation for work performed under Sections A. 1-5
shall be 80% or the Plan Review Fee calculated per Section
304 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 Building Official 's cost estimate, whichever
is greater.
The value to be used in computing the building permit
and building plan review fees shall be the total value
of all construction work. Construction work shall include
all items listed in UBC Section 304(b) .
Not withstanding the above, the minimum CONTRACTOR fee
for any proposed project shall be one hundred dollars
($100.00) .
Plan check fee for each repetitive identical building
shall be 20% of the plan check fee rather than 80% of
the plan check fee as noted above.
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2. Compensation under Section A. 6. shall be calculated
either the same as B. 1 . or shall be based on Esgil
Corporation's current Labor Rates Schedule. The method
to be used will be at the discretion of Esgil Corporation.
3. Compensation for work performed under A. 7. shall be
based on the attached Labor Rates Schedule (Attachment
A) as modified each January 1 and July 1 .
IV. WORK TO BE PERFORMED BY THE CITY
A. The CITY shall perform the following work:
1 . Arrange and pay the cost of shipping one set of plans and
documents to the CONTRACTOR'S office in San Diego or such
other location as the CONTRACTOR may designate in writing.
2. Obtain from the applicant, at the time of the project submittal ,
the necessary items to allow plan checking to be completed
in the shortest overall time frame. Necessary items include,
but are not limited to, complete plans, construction
specifications, soil 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.
3. Provide the valuation for the proposed construction or instruct
the CONTRACTOR to calculate the valuation in accordance
with Section III. B. 1 .
4. Provide the CONTRACTOR with copies of any CITY ordinances
that modify the regulations listed in III. A. 2.
5. Collect sufficient plan check fees or deposits 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.
V. EXTRA WORK
A. The CONTRACTOR shall not perform extra work without written
authorization from the Chief Building Official .
VI. SERVICE LEVEL GOALS
A. 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.
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ITEM SERVICE GOAL
a. Buildings less than a. Complete initial plan
four stories and of review in fifteen
normal complexity. work days or less.
b. Buildings four or more b. As agreed by the
stories in height or CITY'S Chief Building
of unusual complexity. Official and CONTRACTOR
VII. WORK DAY DEFINITION
For the purpose of measuring performance, the work days specified
in Paragraph VI. exclude the day plans were received and include
the day a plan review has been completed. Work days do not
include Saturdays, Sundays, or CITY holidays.
VIII. INDEMNITY CLAUSE
The CONTRACTOR shall indemnify, defend, and hold harmless the
CITY, and its agents and employees, from and against any and
all claims, damages, losses and expenses, including injury to
CONTRACTOR'S employees, and attorneys fees, which may arise
by an act, error or omission of the CONTRACTOR, its agents or
employees, resulting from the performance or failure to perform
this contract; provided, however, that this indemnification
shall not include any claim arising from any willful or negligent
act, error, or omission of the CITY, its employees, officials
or agents.
IX. CONTRACTOR AS INDEPENDENT CONTRACTOR
It is understood and agreed that the CONTRACTOR is, and at all
times herein mentioned shall be, an independent contractor,
and nothing contained herein shall be construed as making the
CONTRACTOR, or any individual whose compensation for services
is paid for by the CONTRACTOR, an agent or employer of the CITY,
or authorizing the CONTRACTOR to create or assume any obligation
or liability for or on behalf of the CITY.
X. INSURANCE
CONTRACTOR shall obtain and maintain a policy of liability
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 ($1 ,000,000) combined single limit.
This insurance shall be in force during the life of this agreement
and the insurer shall agree to provide the CITY with thirty
(30) days Notice of Cancellation or change in the policy.
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The CITY shall be named as an additionally insured on this policy.
CONTRACTOR shall furnish a certificate of said insurance to
CITY prior to commencing any work.
CONTRACTOR shall obtain and maintain a policy of Errors and
Omissions insurance from an insurance company authorized to
be in business in the state of California, in an insurable amount
no less than one million dollars ($1 ,000,000) combined single
limit. This insurance shall be in force during the life of
this agreement and the insurer shall agree to provide the CITY
with thirty (30) days Notice of Cancellation of change in the
policy.
The CITY shall be named as an additionally insured on this policy.
CONTRACTOR shall furnish a certificate of said insurance to
CITY prior to commencing any work.
XI. FREEDOM FROM LIABILITY
The CONTRACTOR and CONTRACTOR staff, when performing duties
as representative of the CITY, shall have the freedom from
liability contained in Section 202, of the 1985 Edition of the
Uniform Building Code.
XII. TIMELINESS OF PAYMENTS TO THE CONTRACTOR
The CONTRACTOR shall submit on the first work day of each month
his invoice for the work performed during the prior month.
Payment of approved items on the invoice shall be mailed to
the CONTRACTOR prior to the twenty-fifth (25th) day of each
month the invoice was submitted. Payments not made within the
above time frame shall , when paid, be increased one and one-half
percent per month, or portion of a month, for each month the
payment was delayed.
XIII. CONTRACTOR PERFORMANCE DOCUMENTATION
The CONTRACTOR shall note on the initial plan check
correspondence:
A. The day of the week and the date the plans were received;
B. The day of the week and the date the initial plan check
was completed;
C. The day of the week and date the applicant' s designee was
notified the initial plan check was completed; and
D. The calculated number of work days to complete the initial
plan check. _
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XIV. NON-ASSIGNABILITY
This agreement is for the professional services of CONTRACTOR
and is non-assignable without the prior written consent of the
CITY.
XV. FINAL DECISION AUTHORITY
The CITY'S Chief Building Official shall have final decision
authority over the results of the plan check by the CONTRACTOR
and all work performed by the CONTRACTOR shall be to the
satisfaction of the Chief Buildign Official .
In instances where the permit applicant takes exception to the
CONTRACTOR'S interpretation of the regulations contained in
Title 24, the Building Official shall render a final decision
utilizing, as deemed appropriate, the resources of the CITY
Attorney and/or the Board of Appeals.
XVI. TERMS
Either party may terminate this agreement, with or without cause,
by providing thirty (30) days written notice to the other party.
XVII. NOTICES
Any notices required pursuant to this agreement shall be served
at the following addresses:
CITY CONTRACTOR
City of Palm Springs Esgil Corporation
Building Official 9320 Chesapeake Drive Ste 208
P. 0. Box 1786 San Diego, CA 92123
Palm Springs, CA 92263
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IN WITNESS WHEREOF, the parties hereto have executed this
agreement on the /5 day of
1989.
CITY OF PALM SPRINGS ESGIL CAR�,9l�2ATI
By; gy:`/� <f ns�✓A' 1 ma`s` i✓L/ �g�i>1 7
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ATTEST: APPROVED AS TO FORM /(
By: Byrd"
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ATTACHMENT: Esgil Corporation Labor Rates, dated January 1 . 1989
'STATE OF CALIFCRIVIA /J i5
On flies tee! tlay of °lore me.the urKlelslgnccl
I a Natorp Public In and for said CouuJnly o ,- State Windily appeared.. .
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fx�rsonally knovrc', la r>x(or xoved is me on the boss of satlsfaciory evltlence to be the person wha axecultid
the witt in instrument o — Prosdent and _� per`,onally
U known to me(or proved to me on the basis of satlstoctory evidence)to be file person who exeCutea the vddhln
I lnstrun onl Cis Secretary of ar on I..enOE-d fh_e_CurpaatIVO,and,ocknIILV!EC,1�fl�r�Q,;EIpKl4�10t Such
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corFo+� aLon executed the same,pursuant to Its lawn or a"i sgl]ibn of itsEloarslka61Gaiesztars, y
N'OTARYPl1BLIC CALIFORNIA
��+ J PRINCIPAL OFFICE IN
WITNESS my hand ona official soul ( ,,
""� rallolEcoCOUNTY �M
�` A l t{ t n�✓ My CQMi ,i slon E,p 5 p,,jber ILI 19D2 t
(This area lot official seal) ,
Na TO (Typed or Printed) I�
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11102
STATE OF CALIFORNIA
COUNTY OF �1.ti1��
(� On this day of `s Ib)r1 °0' 1 1 in the year 19��l
before me, the undersigned, a Notary Public in and^tor said State, personally appeared
Orr;M,,.. 3731, , personally known to me
i oesea 1 A.c Ro nIe r (or proved to me on the basis of satisfactory evidence) to be the person who executed the
111y".��7 Notary Puurc-Cahfnrnla%
sc�ry oieco COUNTY within instrument on behalf of the Corporation therein named, and acknowledged to me that
C E JuN�2 t99e� p
� the Corporation executed it.
amm xpves a
WITNESS my hand and official seal.
ACKNOWLEDGMENT—LmOoralim—Walcolls Form 222CA.%—eev S 02 Notary Public in and for said State.
(D1992WOLCOTTS,INC Iona clew E-2)
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ESGIL CORPORATION
9320 CHESAPEAKE DR., SUITE 208
SAN��gg SS
DIEGO, CA 92123
LABOR RA7`ES) S�E� RE*
(EFFECTIVE JANUARY 1, 1990)
REGULAR PREFERRED
CLASSIFICATION RATE RATE
Principal Manager $125.03 $ 102. 37
Structural Engineer 113.12 90 . 50
Civil, Electrical or
Mechanical Engineer, P.E. 97. 80 80 . 03
Office Manager (Permits) 70. 45 59 . 23
Field Inspector 68 . 38 55. 96
Staff Assistant 52. 07 42. 63
Counter Services Tech. 41.10 34 . 68
Office Services (Support) 31.12 25. 42
Corporate Attorney 280.72 224. 57
NOTES: *Hourly
1. Preferred rates apply to the following:
a. Clients where Esgil Corporation, by contract, performs
all multiple residential, industrial and commercial
plan checking.
b. Clients where Esgil Corporation, by contract, provides
all of the Building Inspection Services .
C. Clients where Esgil Corporation, by contract, will
provide staff on other than a short term intermittent
basis.
2 . The percentage increase stated in certain existing contracts
need not be applied to the hourly rates .
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.
4. Esgil staff normal work days are Monday thru Friday. Field
inspection or office work on Saturdays, Sundays or City
holidays, will be performed only at the specific request of
the Building Official. Billings for work performed on
Saturdays, Sundays or City holidays shall be at 1-1/2 times
the rates shown above and a minimum of 4 hours if the person
worked 4 hours or less and a minimum of 8 hours if the
person worked more than 4 hours.
(Rates are revised each January and July; maximum 5% increase
when rates are revised)
t
CERTIFICATE OF INSURANCE
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE~CERTIFICATE HOLDER. THIS CERTIFICATE
DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES LISTED BELOW.
AGENCY NAME AND ADDRESS COMPANY AFFORDING COVERAGE
Professional Practice Insurance A: LLOYDS OF LONDON AND OTHER LONDON COMPANIES
3800 Orange Street, Suite 280
Riverside, California 92501 B:
INSUREDS NAME AND ADDRESS C: RECEIVED
ESGIL Corporation D: OCT 9 1990
9320 Chesapeake Drive, Suite 200
San Diego, California 92123 E: BUILDING DIVISION
COVERAGES: THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE
POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO
WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE
TERMS, EXCLUSIONS, AND CONDITIONS OF SUCH POLICIES.
CO TYPE OF POLICY POLICY ALL LIMITS IN THOUSANDS
LTR INSURANCE POLICY NUMBER EFF DATE EXP DATE
GENERAL LIABILITY GENERAL AGGREGATE $
[ ] COMMERCIAL PRODUCTS COMP/OPS
GENERAL LIABILITY AGGREGATE $
[ ] CLAIMS MADE PERSONAL & ADVERTISING
[ ] OCCURRENCE INJURY $
[ ] OTHER EACH OCCURRENCE $
FIRE DAMAGE
(ANY ONE FIRE) $
AUTOMOBILE LIABILITY CSL $ *********
[ ] ANY AUTO BI-PERSO $ *********
[ ] ALL OWNED AUTOS PROP DAM $ *********
[ 1 HIRED AUTOS ********************************
I 1 NON OWNED AUTOS ********************************
EXCESS LIABILITY ******* EACH
[ ] UMBRELLA FORM ******* OCCURRENCE AGGREGATE
[ 1 OTHER FORM ******* $ $
WORKER'S COMPENSATION STATUTORY ***************
AND $ (EACH ACCIDENT)
EMPLOYER'S LIABILITY $ (DISEASE POLICY LIMIT)
$ (DISEASE EACH EMPLOYEE)
A OTHER Professional
Liability Pending 09/30/90 09/30/91 $1.000
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/RESTRICTIONS/SPECIAL ITEMS:
ALL OPERATIONS OF THE NAMED INSURED
THE AGGREGATE LIMIT IS THE TOTAL INSURANCE AVAILABLE FOR CLAIMS PRESENTED WITHIN THE POLICY
PERIOD FOR ALL OPERATIONS OF THE INSURED.
CANCELLATION: SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE BELOW
NAMED CERTIFICATE HOLDER .
CERTIFICATE HOLDER DATE SUED 10/05/90
CITY OF PALM SPRINGS
Building & Safety Department
Post Office Box 1786 -
Palm Springs, CA 92263
Attn: Gary Bitterman ,A`UTHORIZED REPRESE ATIVE