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HomeMy WebLinkAboutThe Phillips Group 2006-11-29Itag0611 AGREEMENT FOR PLAN CHECKING AND SUBSTITUTE BUILDING INSPECTION SERVICES This agreement is made this 29th day of November, 2006 between the City of Ukiah ("CITY"), and The Phillips Group, a California corporation located at 100 Stony point Road, Suite 290, Santa Rosa, California 95401 ("CONSULTANT"). RECITALS A. CITY is mandated to review building plans to determine whether they comply with the City of Ukiah Municipal Code; and B. CITY is mandated to inspect building projects to determine whether the work is consistent with the approved plans and all applicable codes and laws; and C. CITY needs substitute building inspection services from time to time when the City Building Inspector is absent from the office; and D. CONSULTANT represents that they are qualified to provide these services required by CITY, and E. The parties have negotiated upon the terms pursuant to.which CONSULTANT will provide such services and have herein reduced such terms to writing. AGREEMENT NOW, THEREFORE, CITY and CONSULTANT do hereby agree as follows: Scope of Service: CONSULTANT shall provide CITY with the following services: A. CONSULTANT shall perform the following services as requested from time to time by CITY'S Director of Planning and Community Development or assigned designee: Conduct full service or partial review of plans and documents for building projects in the City of Ukiah to determine whether such plans and documents are in substantial compliance with Building Regulations of the Ukiah City Code and with the California Building Code. A full service review is defined as a non-structural, structural, and energy conservation plan check. A structural review is defined as a structural only plan check. An energy review is defined as an energy only plan check. 2. When such determination has been made, CONSULTANT shall notify the originator of the documentation as to any lack of compliance found. 3. CONSULTANT will review re -submission of corrected documentation and repeat the process, if necessary, until compliance is obtained. 4. CONSULTANT will then return all plans and documents, corrected by the originator as necessary, to CITY'S Building Inspector with a statement that compliance has been determined. 5. CONSULTANT agrees to perform plan review services according to the following time table: a. Residential Proiects: Initial plan check, including the issuance of a letter of review, shall be completed within ten (10) working days upon receipt of a complete submittal package. All subsequent plan checks shall be completed within five (5) working days upon receipt. b. Non -Residential Projects: Initial plan check, including the issuance of a letter of review, shall be completed within fifteen (15) working days upon receipt of a complete submittal package. All subsequent plan checks shall be completed within ten (10) working days upon receipt. B. In addition, CONSULTANT shall be responsible and shall be readily available to CITY'S Director of Planning and Community Development or Building Inspector for the handling and answering of any and all questions, inquiries, and correspondence referred to CONSULTANT by the Director of Planning and Community Development or Building Inspector regarding services performed under this agreement. C. CONSULTANT shall provide substitute building inspection services to the CITY if requested. Inspections will be performed to verify compliance with the CITY'S Building Regulations, in accordance with CITY'S policies and procedures. CONSULTANT will provide appropriate transportation, cell phone, and all necessary tools and materials to provide proper inspection services. D. CONSULTANT shall stand ready to begin to perform services required by this agreement immediately upon execution of this agreement, and shall perform such services diligently until this agreement is terminated according to the procedures herein. Payments: A. CITY shall pay CONSULTANT for plan review services as follows: Full service review including first re -check: 80% of the City's plan check fee. 2. Structural only review including first re -check: 55% of the City's plan check fee. 3. Structural and energy review including first re -check: 75% of the City's plan check fee. 4. Energy only review including first re -check: 25% of the City's plan check fee. 2 6. Subsequent re -checks and other services shall be paid for on a time and materials basis. The CONSULTANT schedule of hourly rates entitled: "Exhibit A", is attached hereto and by this reference incorporated herein. B. City shall pay CONSULTANT for substitute building Inspection services on an hourly basis according to the attached Exhibit "A." C. Payments prescribed herein shall constitute all compensation to CONSULTANT for all costs of service, including but not limited to, direct costs of labor of employees engaged by CONSULTANT, travel expenses, telephone charges, typing, duplication, computer time, and any and all other costs, expenses, and charges of CONSULTANT, his agents and employees. III. Ownership of Documents A. Ownership of Work and Rights: (1) Work made for hire. The term "Documents" includes, but is not limited to, all designs, drawings, specifications, and other technical data produced by CONSULTANT in performing under this Agreement. Said Documents constitute a work made for hire, as that term is defined in Section 101 of Title 17 of the United States Code (the Copyright Act). (2) Assignment of Copyrights. If all or part of the Documents is, for any reason, deemed not to be a work made for hire, CONSULTANT agrees to execute all documents necessary to transfer to CITY the ownership of any and all rights, including but not limited to copyrights, that CONSULTANT may have in the documents. (3) Waiver of Moral Rights. To the extent that CONSULTANT has any moral rights (droit moral) or similar rights in the Documents under the law of any jurisdiction, CONSULTANT expressly waives those rights. CONSULTANT waives any right to have the documents attributed to CONSULTANT or to prevent the Documents from being modified, edited, transformed, or otherwise adapted as CITY may deem necessary. (4) Ownership of Documents. CITY will own the exclusive rights to and in the documents, including, but not limited to, all United States and International copyrights and other intellectual property rights. In the event that this Agreement is terminated, CITY will own the exclusive rights including, but not limited to, all United States and International copyrights and other intellectual property rights, in the portion of the Documents actually completed. 3 (5) CONSULTANT agrees that CITY shall have access at all reasonable times to inspect and make copies of all notes, designs, drawings, specifications, and other technical data pertaining to the work. Upon termination of this agreement for any reason or by either party, and upon completion of this agreement, all notes, designs, drawings, specification and other technical data produced under this agreement shall be transferred to and become property of CITY upon its request without additional compensation. B. CONSULTANT shall maintain the aforementioned records and any other records related to the performance of this agreement, and shall allow CITY access to such records, for a period of three (3) years after termination of the Agreement. IV. Conflict of Interest CONSULTANT covenants that he presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of his services hereunder. Consultant further covenants that in the performance of this Agreement, no persons having any such interest shall be employed. V. Indemnitv CONSULTANT shall indemnify, and hold harmless CITY, its officers, employees and agents from all other claims, loss, damages, injuries, and/or liabilities including attorney's fees and all other expenses of defense, arising directly or indirectly out of negligence or willful misconduct of CONSULTANT under this agreement excluding liabilities due to or arising from the negligence or willful misconduct of CITY, its officers employees, and/or agents. VI. Liability Insurance Without limiting CONSULTANT"S obligations arising under paragraph 6.2, CONSULTANT shall not begin work under this Agreement until it procures and maintains for the duration of this Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with its performance under this Agreement. A. Minimum Scope of Insurance Coverage shall be at least as broad as: Insurance Services Office ("ISO") Commercial General Liability Coverage Form No. CG 00 01 11 85. 2. ISO form number CA 0001 (Ed. 1/78) covering Automobile Liability, code 1 "any auto" or Code 8,9 if no owned autos and endorsement CA 0025. 3. Workers' Compensation Insurance as required by the Labor Code of the State of California and Employer's Liability Insurance. rd 4. Professional Liability Insurance covering damages which may result from errors, omissions or acts of professional negligence by CONSULTANT. B. Minimum Limits of Insurance. Consultant shall maintain limits no less than: 1. General Liability: $1,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, the general aggregate limit shall apply separately to the Agreement premises. 2. Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage. 3. Workers' Compensation and Employer's Liability: Workers' compensation limits as required by the Labor Code of the State of California and Employer's Liability limits of $1,000,000 per accident. 4. Professional Liability coverage: $500,000 combined single limit per occurrence. If the coverage is an aggregate limit, the aggregate limit must apply separately to the Agreement premises. C. Deductibles and Self -Insured Retentions Any deductibles or self-insured retentions must be declared to and approved by the CITY. At the option of the CITY, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the CITY, its officers, officials, employees and volunteers; or the CONSULTANT shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. D. Other Insurance Provisions The policies are to contain, or be endorsed to contain, the following provisions: General Liability and Automobile Liability Coverages a. The CITY, its officers, officials, employees or designated volunteers are to be covered as insured as respects; liability arising out of activities performed by or on behalf of the CONSULTANT, products and completed operations of the CONULTANT, premises owned, occupied or used by the CONSULTANT, or automobiles Agreemented, hired or borrowed by the CONSULTANT. The coverage shall contain no special limitations on the scope of protection afforded to the CITY its officers, officials, or employees. b. The CONSULTANT'S insurance coverage shall be primary insurance as respects the CITY, its officers, officials, and 5 employees. Any insurance or self-insurance maintained by the CITY, its officers, officials, and employees shall be excess of the CONSULTANT'S insurance and shall not contribute with it. C. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the CITY, its officers, officials, or employees. d. The CONSULTANT'S insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 2. Workers' Compensation and Employers Liability Coverage The Insurer shall agree to waive all rights of subrogation against the CITY, its officers, officials, and employees for losses arising from CONSULTANT'S possession of the Agreemented Premises, pursuant to this Agreement. 3. Professional Liability Coverage If written on a claims -made basis, the retroactivity date shall be the effective date of this Agreement or prior. The policy period shall be maintained for two years following the termination of this Agreement. 4. All Coverages Each insurance policy required by this clause shall be endorsed to state that coverage shall not be cancelled by either party except after thirty (30) days prior written by mail has been given to CITY, unless cancelled for non- payment, when ten (10) days written notice shall be given. E. Acceptability of Insurers Insurance is to be placed with insurers with a Best's rating or no less than A:VII and who are admitted insurers in the State of California. F. Verification of Coverage CONSULTANT shall furnish the CITY with certificates of insurance and with original endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be on forms approved by the CITY. Where by statute, the CITY'S workers' compensation -related forms cannot be used, equivalent forms approved by the Insurance Commissioner are to be substituted. All certificates and endorsements are to be received and approved by the CITY before CONSULTANT takes possession of the Agreemented Premises. G. Subcontractors If CONSULTANT uses subcontractors or sub -consultants, it shall cover them under its policies or require them to separately comply with the insurance requirements set forth in the Paragraph 6.1. L H. Business License Prior to performing work under the terms of this Agreement, CONSULTANT shall apply for and secure a City of Ukiah Business License. VII. Assignment: CONSULTANT shall not assign any rights or duties under this agreement. VIII. Termination: A. This agreement may be terminated by either party by giving thirty (30) days notice to the other in writing of its intent to terminate the agreement. B. Upon such termination, CONSULTANT shall submit to CITY an itemized statement of services performed to the date of termination in accordance with Paragraph II of this agreement. Said services may include both completed work and work in process at the time of termination. CITY shall pay CONSULTANT for any such work for which compensation has not previously been made by CITY. C. CITY and CONSULTANT may negotiate and agree upon a fair and equitable method for completing work in progress after termination of the agreement. IX. Compliance with Civil Rights: A. Equal Employment Opportunity In connection with the execution of this agreement, CONSULTANT shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, or national origin. B. Nondiscrimination Civil Rights Act of 1964 CONSULTANT will comply with all federal regulations relative to nondiscrimination to federally -assisted programs. C. Solicitations for Subcontractors including Procurement of Materials and Equipment In all solicitations, either by competitive bidding or negotiations, made by CONSULTANT for work to be performed under a subcontract including procurement of materials or leases of equipment, each potential subcontractor, supplier, or lessor shall be notified by CONSULTANT of CONSULTANT'S obligations under this agreement and the regulations relative to nondiscrimination on the grounds of race, religion, color, sex, or national origin. X. Notices: Except as otherwise specifically provided in this agreement, any notice submittal or communication required or permitted to be served on a party hereto, may be served by personal delivery to the person or the office of the person identified below. Service may 7 also be made by mail, by placing the notice, submittal or communication in an envelope, with the proper first-class postage affixed thereto, and addressed as indicated below, and depositing said envelope into the United States mail to: CITY City of Ukiah Building Division 300 Seminary Avenue Ukiah, CA. 95482 ATTN: Charles Stump, Director Planning and Community Development XI. Independent Contractor CONSULTANT The Phillips Group 100 Stony Point Rd, Suite 290 Santa Rosa, CA 95401 ATTN: Daryl A. Phillips President It is specifically agreed that in providing the services and in rendering its performance under this agreement, CONSULTANT is an independent contractor and is not and shall not be construed to be an officer or employee of the CITY. IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this agreement upon the terms, conditions, and provisions above stated, the day and year first above written. THE P IPSIGROLM By: 11.4 -- Name: Daryl A hilips CITY OF UKIAH B' Name: Candace Horsley Title: President Title: City Manager Address: 100 Stony Point Road Address: 300 Seminary Avenue Suite 100 Ukiah, CA 95482 Santa Rosa, CA 95401 APPROVES AS TO FORM: David'Rappolf, CityAtforney Date: t ( - 2_7 , 2006 0 ATTEST: Gail Peterson, City Clerk EXHIBIT A HOURLY RATE SCHEDULE CLASSIFICATION RATE PER HOUR Principal $ 195.00 Senior Plan Check Engineer 155.00 Plan Check Engineer 145.00 Senior Plans Examiner 145.00 Plans Examiner 130.00 Permit Techinician 115.00 Building Inspector 95.00 Non -Technical Support 80.00 Effective 7-1-05 EXHIBIT B INSURANCE REQUIREMENTS CONSULTANT shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the CONSULTANT, his agents, representatives, employees or subcontractors. A. MINIMUM SCOPE OF INSURANCE Coverage shall be at least as broad as: 1. Insurance Services Office form number GL 0002 (Ed. 1/73) covering Comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability; or Insurance Services Office Commercial General Liability coverage ('occurrence" form CG 0001). 2. Insurance Services Office form number CA 0001 (Ed. 1/78) covering Automobile Liability, code 1 "any auto" and endorsement CA 0025. 3. Worker's Compensation insurance as required by the Labor Code of the State of California and Employers Liability insurance, if CONSULTANT has employees who will directly or indirectly provide service or support CONSULTANT in his provision of services under the Agreement. B. MINIMUM LIMITS OF INSURANCE CONSULTANT shall maintain limits no less than: 1. General Liability: $1,0000,000 combined single limit per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage. 3. Worker's Compensation and Employers Liability: Workers compensation limits as required by the Labor Code of the State of California and Employers Liability limits of $1,000,000 per accident. N C. DEDUCTIBLES AND SELF-INSURED RETENTIONS Any deductibles or self-insured retentions m«st be declared to and approved by the City of Ukiah. At the option of the City of Ukiah, either the insured shall reduce. or eliminate such deductibles or self-insured retentions as respects the City of Ukiah, its officer, officials, employees and volunteers; or the CONSULTANT shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. D. OTHER INSURANCE PROVISIONS The policies are to contain, or be endorsed to contain, the following provisions: 1. General Liability and Automobile Liability Coverages a. The City of Ukiah, its officers, officials, employees and volunteers are to be covered as insured's as respects; liability arising out of activities performed by or on behalf of the CONSULTANT, products and completed operations of the CONSULTANT, premises owned, occupied or used by the CONSULTANT, or automobiles owned, leased, hired or borrowed by the CONSULTANT. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. b. The CONSULTANT'S insurance coverage shall be primary insurance as respects the City of Ukiah, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City of Ukiah, its officers, officials, employees or volunteers shall be excess of the CONSULTANT'S insurance and shall not contribute with it. C. Any failure to comply with reporting provision so the policies shall not affect coverage provided to the City of Ukiah, its officers, officials, employees or volunteers. d. The CONSULTANT'S insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 2. Worker Compensation and Employers Liability Coverage The insurer shall agree to waive all rights of subrogation against the City of Ukiah, its officers, officials, employees and volunteers for losses arising from work performed by the CONSULTANT for the City of Ukiah. 3. All coverages Each Insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City of Ukiah. 10 E. ACCEPTABILITY OF INSURERS Insurance is to be placed with insurers with a Best's rating of no less than A:VII. F. VERIFICATION OF COVERAGE CONSULTANT shall furnish the City of Ukiah with certificates of insurance and with original endorsements effecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be on forms provided by the City of Ukiah. Where by statute, the City of Ukiah's Worker's Compensation related forms cannot be used, equivalent forms approved by the Insurance Commissioner are to be substituted. All certificates and endorsements are to be received and approved by the City of Ukiah before work commences. The City of Ukiah reserves the right to require complete, certified copies of all required insurance policies, at any time. G. SUBCONTRACTS CONSULTANT shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. 11