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HomeMy WebLinkAboutAgr 2009-04-27 (Interwest Consulting)AGREEMENT FOR PLAN REVIEW AND OTHER BUILDING DIVISION SERVICES THIS AGREEMENT, made and entered this~Aday of A I io (N ( , 2009, by and between the TOWN OF TIBURON, a municipal corporation ("Awn") and INTERWEST CONSULTING GROUP INC., a Colorado corporation ("Consultant"): RECITALS A. The Town is charged with regulating construction within its borders by requiring that significant construction projects receive a building permit before starting work. B. The building permit process often requires a time-intensive process of review design documents for compliance with laws, regulations, prior Town approvals and similar requirements (collectively, "Plan Review Services"). C. Historically, the Town has found it most efficient to retain outside consultants to perform Plan Review Services and other services as needed by the Town's Building Division (collectively, "Services"). D. . Consultant has the expertise necessary to provide the Services as needed by the Town. AGREEMENT 1. Scope of Consultant Services. Consultant shall perform those Services described in Exhibit A. Consultant may subcontract out certain of the Services to other Consultants only as may be approved in advance in writing by Town. In the event of such subcontracting, Consultant shall remain responsible for the full performance of such services. 2. Compensation. Consultant's fee for the Services shall be as set forth in Exhibit B. Payments shall be due thirty days after submission of an itemized invoice showing work actually completed. Consultant shall submit invoices on a monthly basis. Compensation in excess of $100,000 in any fiscal year (July 1 through June 3 0) shall not be exceeded without prior written approval from the Town. 3. Standard of Work; Indemnity. Consultant shall perform the services in a skillful and professional manner compatible with the usual, customary standard of Consultant's profession. Each party shall be responsible for any claim, loss, damage, expense and liability arising from this contract to the extent that said party is responsible therefore. To the extent that an alleged claim, loss, damage, expense or liability arises from the negligence or willful misconduct of Consultant, Consultant shall indemnify, defend and hold Town harmless from and against such claim, loss, damage, expense or liability. Notwithstanding S: IPlanninglStaff FolderslsandersonlAgreements for Services lBuilding Plan Check Contract Interwest?009 consolidated. doc the foregoing, Consultant's obligation to indemnify, defend and hold the Town harmless pursuant to this paragraph shall not exceed the total compensation payable to the Consultant pursuant to Paragraph 2 of this Agreement. 4. Consultant as Independent Contractor. Consultant (including its agents and employees) is not an agent or employee of the Town but is an independent contractor not subject to the direction and control of the Town. Without limiting the foregoing, Consultant shall maintain complete control of its operations and personnel and shall be solely liable and responsible to pay all required salaries, wages, expenses, taxes and other obligations, including, but not limited to, withholding and Social Security. 5. Conflicts of Interest. Consultant agrees not to accept any employment or representation during the term of this Agreement which is or may likely make Consultant "financially interested" (as provided in California Government Code Section 1090 and 87100) in any decisions made by Town on any matter in connection with which Consultant has been retained pursuant to this Agreement. 6. Assignment. This Agreement shall not be assignable by either party without the prior written consent of the other party. 7. Attendance at Hearings. If requested by the Building Official, Consultant shall appear at litigation and/or administrative hearings that pertain to the Project. Town shall reimburse Consultant for such appearance(s) at the hourly rate specified in Exhibit B. 8. Audit of Books and Records. Town may, in its sole discretion, undertake an independent audit and/or evaluation of the Consultant's records and accounts of expenditures and program activities at its own expense. Consultant shall furnish all items necessary in the Town's discretion to complete said audit and/or evaluation subject to restrictions on confidentiality limited to expenditure or receipt of program funds, and program quality. 9. Insurance. Consultant shall maintain insurance as set forth below. Town shall be added as an additional insured to all required insurance policies such that the coverage provided to the Town is primary and non-contributory: A. Comprehensive General Liability: Combined single limit of $1,000,000 for each single occurrence and $2,000,000 annual aggregate. B. Comprehensive Automobile Liability: Combined single limit of $1,000,000 for each single occurrence and $2,000,000 annual aggregate. 10. Ownership of Documents; Re-Use. All documents, including drawings and specifications prepared by Consultant pursuant to this Agreement shall be the property of Town. Town acknowledges that said documents are prepared for use only in connection with the Services described in the Exhibit A. S: IPlanninglStaffFolderslsandersonlAgreements for ServiceslBuilding Plan Check Contract Interwest 2009 consolidated. doc 2 11. Hazardous Materials. Unless otherwise provided in this Agreement, Consultant and its subconsultants and/or contractors shall have no responsibility for the discovery, presence, handling, removal or disposal of, or exposure of persons to hazardous materials in any form at a site where plan check services are being provided. 12. Stop Work Order. Town may at any time, by written notice to Consultant ("Stop Work Order"), require Consultant to stop or suspend performance of the Services, in whole or in part, for a period of up to ninety days after such notice is delivered to Consultant. Upon receipt of the Stop Work Order, Consultant shall immediately comply therewith and take all reasonable steps to minimize the incurrence of costs allocable to the Services covered by the Stop Work Order during the period of work stoppage. Within ninety days of the delivery of the Stop Work Order, or such later time as may be agreed to by the parties, Town shall either cancel the Stop Work Order or terminate this Agreement as provided in Paragraph 14 Consultant shall resume work upon the cancellation of the Stop Work Order. To the extent that the Stop Work Order results in a documentable increase in the cost of performing the Services or the time required for such performance, Consultant shall receive an equitable adjustment in compensation or an extension of time for performance, as appropriate. 13. Delinquency. In the event that a proper invoice remains unpaid for more than 45 days after submittal, Consultant may commence to charge interest of the unpaid amounts at the lesser of 1.5% per month or the maximum rate allowed under applicable usury laws. In addition, Consultant may suspend the performance of the Services after giving Town 10 days notice of its intent to do so. In the event of such suspension, the Base Fee shall be increased to include Consultant's reasonable costs of suspending and restarting the Services. 14. Termination of Contract. It is expressly understood that either party shall have the right to terminate this agreement within sixty (60) days written notice to the other party. In such event, Consultant shall deliver to the Town copies of all finished and unfinished surveys, studies, documents, computer disks, and/or reports pertaining to the Services, and Consultant shall be entitled to receive just and equitable compensation for any satisfactory work completed as determined by the Town. 15. Discrimination. In the performance of the terms of this Agreement, Consultant shall not engage in nor permit others he or she may employ to engage in discrimination in the employment of such persons based on race, color, religion, sex, sexual preference, age, or handicapped conditions. 16. Miscellaneous. A. Other Contract Provisions. Other contract provisions maybe set forth in Exhibit A or Exhibit B. To the extent that there are any inconsistencies with such Exhibits and the other portions of this Agreement, the latter shall prevail. S:• PlanninglStaffFolderslsandersonlAgreements for Services Ouilding Plan Check Contract Interwest 2009 consolidated. doc 3 B. Governing _Law. This Agreement shall be governed by the laws of the State of California. C. Severability. If any provision of this Agreement is found to be invalid or unenforceable, the validity and enforceability of the remaining portions shall not be affected unless the effect thereof would materially change the economic burden on either party. D. Successors in Interest; Assign ent. This Agreement shall be binding on the assigns and successors in interest to both parties. Neither party may assign their obligations under this Agreement without the written consent of the other party. E. Entire Agreement; Amendment. This Agreement represents the entire Agreement between the parties. This Agreement may only be amended in writing. 17. Notices. All notice pertaining to this Agreement shall be in writing and addressed as follows: If to Consultant: Interwest Consulting Group Inc. Michael Kashiwagi, PE 9300 W. Stockton Blvd., #105 Elk Grove, CA 95758 If to Town: Town of Tiburon Director of Community Development 1505 Tiburon Boulevard Tiburon, CA 94920 IN WITNESS WHEREOF the parties hereto have caused their duly authorized representatives to execute this Agreement the day and year above written. CONSULT Michael Kashiw i, E Interwest Consults g roue Inc. APPROVED AS TO FORM: Ann Danforth, Town Attorney TOWN OF TIBURON Margar . Curran, Town Manager "tp S: IPlanninglStaffFolderslsandersonlAgreements for Sei->>iceslBuilding Plan Check Contract lnterwest 2009 consolidated. doc 4 EXHIBIT "A" Scope of Services Plan Review Services Interwest Consulting Group will provide complete plan review services-of submitted design documents, which will be reviewed to ensure compliance with the following: ■ 2007 California Building, Plumbing, Fire, and Mechanical Codes (or successors thereto) ■ 2007 California Electrical Code (or successors thereto) ■ 2007 California Energy Code (or successors thereto) ■ Other Town of Tiburon-adopted standardized codes and amendments thereto, as set forth in Tiburon Municipal Code Title IV, Chapter 13 (Building Regulations) Communicating Plan Review Results Plan reviews, when not immediately approved, will result in lists of comments referring to specific details and drawings, and referencing applicable code sections. Interwest Consulting Group will provide a clear, concise, and thorough document (i.e., comment list) from which clients, designers, contractors, and owners can work. Comment lists are delivered to our clients and other designated recipients (e.g., designers, contractors, owners) via email, FAX, and/or reliable overland carrier. When projects are approved by Interwest Consulting Group, overnight delivery is usually available at no additional cost. Interwest Consulting Group will transmit plan review comments and coordinate re-checks directly with the applicant/design team or through the jurisdiction. Competed plan review documents ready for approval will be returned to the jurisdiction for final approval. Turn-Around Schedules For most project types, plan reviews are completed and returned to the jurisdiction within approximately ten working days of the date the plans are received by Interwest Consulting Group. We are committed to completing plan reviews as prompt or sooner than the jurisdictions own internal schedule and work hard to accommodate any turn-around schedule desired by the jurisdiction. Large or unusually complex plan review projects can require up to a fifteen-day turn-around or more. When not otherwise specified, we contact the Building Official or assigned staff to determine if there are particular scheduling needs on specific projects to eliminate possible misunderstandings regarding turn-around expectations. On-Site Technical Support Interwest Consulting Group has a full-time staff of experienced plan reviewers and licensed Structural, Civil, Electrical, Fire Protection and Mechanical Engineers, and Architects. With sufficient advance scheduling, Interwest Consulting Group staff is available for pre-construction or pre-design meetings, field visits, contacts with the design team, and support for field inspection personnel as needed. With some reasonable limitations, pre-construction and pre-design meetings associated with projects that we plan review are considered part of the plan review service. Attendance by Interwest Consulting Group staff at these meetings is included in our fees. S: IPlanninglStaffFolderslsande►-sonL4greements for ServiceslBuilding Plan Check Contract Interwest 2009 consolidated. doc 5 Because Interwest Consulting Group is comprised of professional staff members with diverse backgrounds in governmental plan review/inspection and engineering, we are able to respond to these on-site technical support services if they become necessary. Building Inspection Services Interwest Consulting Group staff performs combination building inspections for compliance with the applicable codes as depicted in the approved plans. Performing inspections, writing correction notices, holding office hours, answering phone calls and in-person inquiries as needed, etc., Interwest Consulting Group staff inspectors perform their duties in the same manner as the jurisdiction's inspection staff. If preferred for certain kinds of large or fast-track projects, our inspectors are available for on-site, full or part- time services as a "project inspector", providing dedicated combination inspections for single projects. Project inspectors are valuable resources on large, one-time projects such as shopping malls, hotels, office complexes, industrial plants, parking garages, and/or residential tract housing. Commonly, the cost of such services is offset entirely by premium fees paid by the applicant/developer with no negative impact on the Building Division budget. This type of approach in meeting department workload allows increased inspection control of major projects without adversely affecting the routine inspection schedules of a building department. S.•IPlanninglStaffFolderslsandersonlAgreements for ServiceslBuilding Plan Check Contract /nterwest 2009 consolidated. doc 6 EXHIBIT "B" Fee Schedule & Hourly Rates Plan Review Services For complete plan review services, we propose a fee equal to 70% of the current fee schedule adopted by the jurisdiction. For structural only reviews, we propose a fee equal to 50% of the current fee schedule adopted by the jurisdiction. For partial reviews such as geotechnical only, preliminary reviews, or others, we propose to negotiate a mutually agreeable fee based on the specific project at hand, or at time of contract. Plan review services performed on a time and material basis will be billed out at the hourly rate listed below. There is no charge for courier or shipping services. For certain projects (such as affordable housing projects) that are Town of Tiburon pre-authorized for expedited or fast- track processing, we will charge a fee of 150% of the above noted fees contingent upon the availability of staff to perform the plan review. The above noted plan review fee covers a first, second and quick third review (for approval purposes only). We propose that additional reviews beyond that point should be billed additionally, in accordance with our hourly rate schedule, with advance approval from the jurisdiction. Inspection Services Inspection services will be billed out at the hourly rates listed below as per level of inspector required. Mileage accrued within the jurisdiction while performing inspections services will be billed at the current IRS mileage rate. There is a 4- hour per day minimum requirement for all inspection services. Schedule of Hourly Billing Rates CLASSIFICATION Interim Building Official Services.......... Plan Review Engineer or Architect....... Combination Inspector II Residential Inspector I Overtime Miscellaneous charges will include: HOURLY BILLING RATE $120 ..................................................................................................100 85 75 25% of Above Listed Rates Mileage .....................................................................................................................................Current IRS Rate Reimbursable Expenses Time & Materials Reimbursable expenses include special equipment rentals, any public transportation costs, bridge tolls, parking, special shipping or printing requirements. Rates are reviewed yearly on July 1 and may be subject to revision. Rate increases exceeding 5% in any one fiscal year (July 1 to June 30) shall require prior witten approval from the Town of Tiburon. Until further notice, all payments due shall be paid to: Interwest Consulting Group Inc. 1076 Lincoln Place Boulder, CO 80302 S: IPlanninglStaffFolderslsandersonl4greements_for Services Ouilding Plan Check Contract lnterwest 2009 consolidated. doc 7 Client#: 46759 INTCON6 ACORD CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDIYY) TM 04 /24/2009 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Van Gilder Insurance Corp. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 700 Broadway, Suite 1000 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Denver, CO 80203 303 837-8500 INSURERS AFFORDING COVERAGE INSURED INSURER A: Travelers Insurance (Med/A&E) Interwest Consulting Group INSURER B: XL Specialty Insurance Company 1076 Lincoln Place INSURER C: Boulder, CO 80302 INSURER D: INSURER E: - COVERAGES THE 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE AT MM Y !POLICY EXPIRATION DATE MM DD Y LIMITS A GENERAL LIABILITY 6807444M622 11/14/08 11/14/09 EACH OCCURRENCE $2,000,000 X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE (Any one fire) $1,000,000 7 CLAIMS MADE I ^ I OCCUR MED EXP (Any one person) $10,000 PERSONAL & ADV INJURY $2,000,000 GENERAL AGGREGATE s4,000 000 GEN'L AGGREGATE LIM ITAPPLIES PER: - PRODUCTS -COMP/OP AGG , s4,000,000 RO LOC 7 POLICY P JECT A AUT OMOBILE LIABILITY BA7466M429 11/14/08 11/14/09 ~ COMBINED SINGLE LIMIT E id t $1 000 000 X ANY AUTO I a acc en ) ( , , ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $ X HIRED AUTOS BODILY INJUR X NON-OWNED AUTOS Y (Per accident) $ PROPERTY DAMA E G $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO EA ACC OTHER THAN $ AUTO ONLY: AGG $ A EXCESS LIABILITY CUP1330T362 11/14/08 11/14/09 EACH OCCURRENCE $1,000,000 X OCCUR CLAIMS MADE AGGREGATE $1,000,000 DEDUCTIBLE $ X RETENTION $10,000 $ A WORKERS COMPENSATION AND UB1339T934 11/14/08 11/14/09 WC STATU TORY MIT O R EMPLOYERS' LIABILITY E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE -EA EMPLOYEE $1,000,000 E.L. DISEASE - POLICY LIMIT $1 1,000,000 B OTHER Professional DPR9607493 11/14/08 11/14/09 $1,000,000 per claim Liability $3,000,000 annl aggr. /aims Made DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Re: Agreement for Building Plan-Check Services with the Town of Tiburon If required by written contract or written agreement, the Town of Tiburon is included as Additional Insured for ongoing operations under General Liability and Automobile Liability. This insurance will apply on a primary non-contributory basis. *Except 10 days notice for non-payment of premium. %_cmIiriwkIr- 11ULUtK I I ADD ITIONAL INSURED; INSURER LETTER: CANCELLATION Town of Tiburon 1505 Tiburon Blvd Belvedere Tiburon, CA 94920 SHOULD ANYOF TH E ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30* DAYS WRITTEN NOTICE TOTHE CERTIFICATE HOLDER NAMED TOTHE LEFT, BUTFAILURE TODOSOSHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURERJTS AGENTS OR A HORIZED REPRESENTATIVE,,,,, ACORD 25-S (7/97)1 of 2 #S565265/M553384 KAB © ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieLk of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD25-S(7/97)2 of 2 #S565265/M553384