HomeMy WebLinkAboutESGIL CORPORATION - 1997-01-06Council/Agency Meeting Held: 14-7
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Deferred/Continued to:
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approved ❑ Conditionally Approved ❑ Denied
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& City Clerk Signature
Council Meeting Date: IL/ 11-Vi /1,7
Department ID Number: CDU-6:g
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CITY OF HUNTINGTON BEACH -f-n
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REQUEST FOR COUNCIL ACTION "nM
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SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
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SUBMITTED BY: RAY SILVER, Acting City Administrator6eAlo
PREPARED BY: MELANIE S. FALLON, Director of Community Development
SUBJECT: Authorization to Use Budgeted Contract Funds and Existing Contracts
with SFA, Inc. and EsGil, Inc. --To Perform Plan Review and Staffing
Services
Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s)
Statement of Issue:
Within the Community Development Department, the Building and Safety Division staffs the
building counter, performs health and safety plan reviews and provides customer friendly
inspection services for our community. The applicants who submit projects to the City pay
fees for these services and expect reasonable service levels. The demand for these
services vary due to the fluctuations in construction activity. In order to continue to deliver
our services when construction activity is high, we rely on cost effective outside firms to
augment our professional staff.
The two (2) firms, SFA, Inc. and EsGil, Inc., are well respected in the industry and each firm
continues to provide exceptional services for Huntington Beach. Both firms also work
exclusively for government agencies thus do not have any conflict of interest with private
developers.
Funding Source:
The contract services would be financed by the $275,500 budgeted under contract services
in the 97/98 Budget for Building and Safety.
Recommended Action:
Motion to: "Approve and authorize the use of budgeted contract funds in Program CD-234 to
provide professional plan review and staffing services, using existing contracts with SFA, Inc.
and EsGil, Inc." +
,
*QUEST FOR COUNCIL AC11IN
MEETING DATE: 12/15/97 DEPARTMENT ID NUMBER: CD97-63
Alternative Action(s):
The City Council may make the following motion:
`Deny the use of budgeted contract funds for outside professional services and service the
increase in construction activity with a dramatic reduction in staffing levels."
Analysis:
The ability of the Building and Safety Division to provide counter, plan review and inspection
services continues to be hampered by the substantial increase in construction activity. This
increase in activity is primarily due to new residential construction in the Holly Seacliff
development area and large commercial projects in remaining open areas. We have been
utilizing contract services to satisfy the increase in demand for both plan review and staffing
services.
EsGil, Inc. and SFA, Inc., continue to provide these contract services in a timely and
professional manner. EsGil, Inc. has provided plan reviews at their place of business and
their existing contract is in Attachment #1. SFA, Inc. has also provided plan review services
and additionally they provide leased staff services under their existing contracts in
Attachments #2 and #3. The contracts are still active and both firms have indicated that the
terms are still acceptable as noted in their letters in Attachment #4.
As in the past the cost for providing the plan review services is calculated as a percentage
of the fees we collect. The percentages that most firm's charge varies from 49% to 60% of
the building permit fee. Attachment #5 shows the three (3) informal proposals for this
service.
In contrast to plan review, our other service needs cannot be provided away from City Hall.
As noted we continue to utilize SFA, Inc., to provide leased staff in City Hall to perform
counter, inspection and misc. services. This service is cost effective since the hourly rates
are substantially lower than contract professional services and the City is not obligated to
maintain peak staffing when the construction activity declines.
Environmental Status: NA
CD97-63.DOC -2- 11/20/97 2:10 PM
%QUEST FOR COUNCIL ACAN
MEETING DATE: 12/15/97 DEPARTMENT ID NUMBER: CD97-63
Attachment(s):
1. I Existing Contract with EsGil, Inc. for Plan Review Services
RCA Author: Ross Cranmer
CD97-63.DOC -3- 11/19/97 9:25 AM
•
a
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PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
ESGIL CORPORATION
FOR PLAN REVIEW SERVICES
Table of Contents
SECTION
PAGE
1
Designation of Contractor........................................................................................2
2
Conflict of Interest....................................................................................................2
3
Work to be Performed by Consultant and Compensation........................................2
4
Work to be Performed by the City...........................................................................4
5
Extra Work...............................................................................................................4
6
Service Leval Goals..................................................................................................5
7
Work Day Definition................................................................................................5
8
Method of Payment..................................................................................................5
9
Performance Documentation....................................................................................5
10
Non-Assignability....................................................................................................6
11
Final Decision Authority..........................................................................................6
12
Termination .................... ..........................................................................................6
13
Notices...............................................................................:......................................6
14
Immigration..............................................................................................................7
15
Legal Services Subcontracting Prohibited................................................................7
16
Indemnification and Hold Harmless.........................................................................7
17
Workers' Compensation...........................................................................................7
18
Insurance...................................................................................................................8
19
Certificates of Insurance; Additional Insured Endorsements
...................................8
20
Independent Contractor............................................................................................9
21
Copyrights/Patents....................................................................................................9
22
City Employees and Officials
9
23
Attorney's Fees
9
24
Entirety
10
11
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•
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PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
ESGIL CORPORATION
FOR PLAN REVIEW SERVICES
THIS AGREEMENT, made and entered into this 6th day of January
1996, by and between the City of Huntington Beach, a municipal corporation of the State of
California, hereinafter referred to as "CITY," and Esgil Corporation, a California corporation,
hereinafter referred to as "CONSULTANT."
WHEREAS, CITY desires to employ the services of a consultant to provide plan review
services involving ministerial code review for proposed building construction plans; and
CITY desires to implement a high level of professional and technical plan review services
at a cost less than the fees paid by the permit applicants; and
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
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
CITY desires to contract with a firm presently successfully providing plan review
services to government agencies; and
CONSULTANT's plan review engineers, supervisors and managers are all highly
credentialed engineers with many years of regulatory plan review experience; and
CONSULTANT is willing to enter into a contract with the CITY to provide plan review
services to the CITY in accordance with this contract; and
Pursuant to documentation on file in the office of the City Clerk, the provisions of
Huntington Beach Municipal Code Chapter 3.03 relating to procurement of professional service
contracts has been complied with; and
CONSULTANT has been selected to perform said services,
NOW, THEREFORE, it is agreed by CITY and CONSULTANT AS FOLLOWS:
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Section 1. DESIGNATION OF CONTRACTOR.
CONSULTANT hereby agrees to 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; 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, when requested by the Building
Official or his designated representative.
Section 2. CONFLICT OF INTEREST.
CONSULTANT expressly affirms that it nor any of its officers or directors will
perform work or provide services to entities other than government entities during the time this
Agreement is in force in order to insure the CITY that the CONSULTANT will not have a
conflict of interest in discharging the work covered by this Agreement.
Section 3. WORK TO BE PERFORMED BY CONSULTANT AND
COMPENSATION
A. Plan Review Services Scope of Work.
CONSULTANT shall:
Perform traditional preliminary plan review consultations in its main
office by meetings or by telephone.
2. Perform traditional initial plan review of submitted plans to determine
compliance with certain uniform codes as adopted by CITY, including:
Uniform Building Code
Uniform Plumbing Code
Uniform Mechanical Code
National Electrical Code
California State, Title 24 (Energy Conservation;
and Disabled Access)
Noise Attenuation and local requirements
Federal Flood Plain Regulations (FEMA)
3. Provide the applicant's designee and the CITY a list of items needing
clarification or change to achieve conformance with the above regulations.
4. Perform all necessary liaison with the applicant's designee, by telephone,
fax, mail or meeting in its main office, and perform all necessary rechecks
to achieve conformance to the regulations.
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5. Perform all necessary liaison with the Building Official or his designee, by
mail, telephone, fax or in its main office, to insure compliance with the
Uniform Administrative Code (UAC) 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.
7. Perform extra work when requested in writing by CITY.
8. Attend meetings related to proposed building projects at the request of the
Building Official at locations other than its office.
B. Compensation for Plan Review Services
l . Compensation for each plan reviewed pursuant to this Agreement shall be
56% of the building permit fee calculated per Table 3A of the 1991
Uniform Administrative 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. The value shall include a
proposed construction as defined in Uniform Administrative Code
Section 304.
Plan check fee for repetitive identical buildings shall be 56% of the
building permit fee as noted above for the first, or basic building, and 14%
of the building permit fee for each additional building.
The single fee includes all rechecks, plan check conferences at
CONSULTANT's office, reviewing plans that are initially found to be
incomplete and for the transmitting of plans back to the jurisdiction.
The minimum CONSULTANT fee for any proposed project plan review
shall be one hundred dollars ($100.00).
2. Compensation for plan reviews of reviews to plans that have previously
been approved for permit issuance, pursuant to Section 3(A)(6) of this
Agreement, shall be calculated pursuant to Section 3(B)(1) of this
Agreement or shall be based on CONSULTANT's current Labor Rates
Schedule. The method of calculating compensation for each such plan
reviewed shall be as agreed to in writing by the Building Official and
CONSULTANT.
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m
3. Compensation for extra work performed pursuant to Section 3(A)(7) of
this Agreement shall be based on the CONSULTANT's Labor Rates
.Schedule (Attachment A) as modified each year.
Section 4. WORK TO BE PERFORMED BY THE CITY
The CITY shall perform the following work:
A. Arrange and pay the cost of shipping one set of plans and documents to
the CONSULTANT'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, 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.
C. Provide the valuation for the proposed construction or instruct the
CONSULTANT to calculate the valuation in accordance with
Section 3(B)(1) of this Agreement.
D. Provide the CONSULTANT with copies of any CITY ordinances that
modify the regulations listed in Section 3(A)(2) of this Agreement.
E. 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 CONSULTANT has completed this initial
plan check.
Section 5. EXTRA WORK
The CONSULTANT shall not perform extra work without written authorization
from the Building Official or his designated representative.
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Section 6. SERVICE LEVEL GOALS
The CONSULTANT agrees to provide adequate resources to achieve the
following service delivery goals for timely performance of the work over which the
CONSULTANT has decision authority:
ITEM
A. Buildings less than four stories
and of normal complexity.
B. Buildings four or more stories
in height or of unusual
complexity.
SERVICE GOAL
A. Complete initial plan review in
less than twelve (12) work days.
B. Complete initial plan review in
less than fifteen (15) work days
or as agreed by the CITY's
Building Official and
CONTRACTOR.
C. Residential and minor building C. Complete initial plan review in
projects. less than eight (8) work days.
Service level goals are subject to modification upon mutual agreement of
CONSULTANT and CITY.
Section 7. WORK DAY DEFINITION
For the purpose of measuring performance, the work days specified in Section 6
of this Agreement 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.
Section 8. METHOD OF PAYMENT
CONSULTANT shall submit after the first work day of each month the invoice
for initial plan reviews performed during the prior month. Payment of approved items on the
invoice shall be mailed to the CONSULTANT within thirty (30) days after the date 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. Any disputed invoices shall be brought to CONSULTANT's attention within ten (10)
days of receipt.
Section 9. PERFORMANCE DOCUMENTATION
CONSULTANT shall note on the plan review correspondence to the CITY:
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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 review was completed;
C. The day of the week and date the applicant's designee was notified that the
initial plan review was completed; and
D. The calculated number of work days to complete the initial plan review.
Section 10. NON -ASSIGNABILITY
This agreement is for the professional services of CONSULTANT and is non -
assignable without the prior written consent of the CITY.
Section 11. FINAL DECISION AUTHORITY
The CITY's Building Official shall have final decision authority over the results
of the plan review by the CONSULTANT and all work performed by the CONSULTANT shall
be to the satisfaction of the Building Official.
In instances where the permit applicant takes exception to the CONSULTANT's
interpretation of the regulations, the Building Official shall render a final decision utilizing, if
deemed appropriate, the resources of the City Attorney and/or the Board of Appeals.
Section 12. TERMINATION
Either party may terminate this Agreement, with or without cause, by providing
thirty (30) days written notice to the other party.
Section 13. NOTICES
Any notice or special instructions required to be given in writing under this
Agreement shall be given either by personal delivery to CONSULTANT's agent (as designated
in Section 1 hereinabove) or to CITY's Director Community Development as the situation shall
warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same
in the United States Postal Service, addressed as follows:
TO CITY:
Ross Cranmer, Building Official
Department of Community Development
City of Huntington Beach
2000 Main Street, 3rd Floor
Huntington Beach, CA 92648
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RLS 96-755
TO CONSULTANT:
Esgil Corporation
9320 Chesapeake Drive, #208
San Diego, CA 92123
•
•
Section 14. IMMIGRATION
CONSULTANT shall be responsible for full compliance with the immigration
and naturalization laws of the United States and shall, in particular, comply with the provisions
of the United. States Code regarding employment verification.
Section 15. LEGAL SERVICES SUBCONTRACTING PROHIBITED
CONSULTANT and CITY agree that CITY is not liable for payment of any
subcontractor work involving legal services, and that such legal services are expressly outside the
scope of services contemplated hereunder. CONSULTANT understands that pursuant to
Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for
CITY; and CITY shall not be liable for payment of any legal services expenses incurred by
CONSULTANT.
Section 16. INDEMNIFICATION AND HOLD HARMLESS
CONSULTANT hereby agrees to indemnify, defend, and hold and save harmless
CITY, its officers and employees from any and all liability, including any claim of liability and
any and all losses or costs arising out of the negligent performance of this Agreement by
CONSULTANT, its officers or employees.
Section 17. WORKERS' COMPENSATION
CONSULTANT shall comply with all of the provisions of the Workers'
Compensation Insurance and Safety Acts of the State of California, the applicable provisions of
the California Labor Code and all amendments thereto; and all similar state or federal acts or
laws applicable; and shall indemnify, defend and hold harmless CITY from and against all
claims, demands, payments, suits, actions, proceedings and judgments of every nature and
description, including attorney fees and costs presented, brought or recovered against CITY, for
or on account of any liability under any of said acts which may be incurred by reason of any
work to be performed by CONSULTANT under this Agreement.
CONSULTANT shall obtain and furnish evidence to CITY of maintenance of
statutory workers' compensation insurance and employers liability in an amount of not less than
$100,000 bodily injury by accident, each occurrence, $100,000 bodily injury by disease, each
employee, and $250,000 bodily injury by disease, policy limit.
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RLS 96-755
Section 18. INSURANCE
In addition to the workers compensation insurance and CONSULTANT's
covenant to indemnify CITY, CONSULTANT shall obtain and furnish to CITY, a policy of
general public liability insurance, including motor vehicle coverage,. covering the work to be
performed by CONSULTANT pursuant to this Agreement. Said policy shall indemnify.
CONSULTANT, its officers, agents and employees, while acting within the scope of their duties,
against any and all claims of arising out of or in connection with this Agreement, and shall
provide coverage in not less than the following amount: combined single limit bodily injury and
property, damage, including products/completed operations liability and blanket contractual
liability, of $1,000,000 per occurrence. If coverage is provided under a form which includes a
designated general aggregate limit, the aggregate limit must be no less than $1,000,000. Said
policy shall name CITY, its officers, and employees as Additional Insureds, and shall specifically
provide that any other insurance coverage which may be applicable shall be deemed excess
coverage and that CONSULTANT's insurance shall be primary.
Under no circumstances shall said abovementioned insurance contain a self -insured
retention, or a "deductible" or any other similar form of limitation on the required coverage.
Prior to commencing performance of the work hereunder, CONSULTANT shall.
furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the
foregoing insurance coverages as required by this Agreement; said certificates shall:
1. provide the name and policy number of each carrier and policy;
2. shall state that the policy is currently in force;
3. shall promise to provide that such policies will not be canceled or modified
without thirty (30) days prior written notice of CITY; and
4. shall state as follows: "The above detailed coverage is not subject to any
deductible or self -insured retention, or any other form of similar type
limitation."
CONSULTANT shall maintain the foregoing insurance coverages in force until
the work under this Agreement is fully completed and accepted by CITY.
The requirement for carrying the foregoing insurance coverages shall not derogate
from the provisions for indemnification of CITY by CONSULTANT under the Agreement.
CITY or its representative shall at all times have the right to demand the original or a copy of all
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RLS 96-755
said policies of insurance. CONSULTANT shall pay, in a prompt and timely manner, the
premiums on all insurance hereinabove required.
A separate copy of the additional insured endorsement to each of
CONSULTANT's insurance policies, naming the CITY, its officers and employees as Additional
Insureds shall be provided to the City Attorney for approval prior to any payment hereunder.
Section 20. INDEPENDENT CONTRAC TOR
CONSULTANT is, and shall be, acting at all times in the performance of this
Agreement as an independent contractor. CONSULTANT shall secure at its expense, and be
responsible for any and all payment of all taxes, social security, state disability insurance
compensation, unemployment compensation and other payroll deductions for CONSULTANT
and its officers, agents and employees and all business licenses, if any, in connection with the
services to be performed hereunder.
Section 21. COPYRIGHTS/PATENTS
CITY shall own all rights to any patent or copyright on any work, item or material
produced as a result of this Agreement.
Section 22. CITY EMPLOYEES AND OFFICIALS
CONSULTANT shall employ no CITY official nor any regular CITY employee
in the work performed pursuant to this Agreement. No officer or employee of CITY shall have
any financial interest in this Agreement in violation of the applicable provisions of the aC lifornia
Government Code.
Section 23. ATTORNEY' S FEES
In the event suit is brought by either party to enforce the terms and provisions of
this agreement or to secure the performance hereof, each party shall bear its own attorney's fees.
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Section 24. ENTIRETY
The foregoing, and Exhibit "A": attached hereto, set forth the entire Agreement
between the parties.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
by andrthrough their authorized offices the day, month and year first above written.
CONSULTANT: CITY OF HUNTINGTON BEACH, A
ESGIL CORPORATION, municipal corporation of the State of
a California corporation California
ITS: (circle one) Chairmar>Eres'denfZ�ice President
ATTEST:
AND
print name
ITS: (circle one) SecretartitYChief Financia Asst.
Secretary - Treasurer
REVIEWED AND APPROVED:
C' Administrator
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RLS 96-755
yor
L�
City Clerk Ar /lcl9,7
APPROVED AS TO FORM:
,, , ity Attorney ll)
INITIATED. AND APPROVED:
Director of Community Development
10
•
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Attachment "A"
Division Manager
$157.50
$118.65
Supervising Structural Engineer
148.43
112.00
Civil, Electrical, R.C.E
115.50
87.15
Electrical Engineer, E.E.
115.50
87.15
Mechanical Engineer, M.E.
115.50
87.15
Structural Engineer, S.E.
129.88
98.00
Energy Plans Examiner, C.B.C.I
115.50
87.15
I.C.B.O. Plans Examiner
98.70
74.55
Supervising Building Inspector
105.00
78.75
Building Inspector
89.25
67.20
Permit Specialist
80.85
60.90
Word Processing
55.65
42.00
Clerical Support
37.80
28.35
Corporate Attorney
280.35
210.00
NOTES:
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.)
H:\DAT.41CONTR4CI'.HB
*Hourly
10/1/96 CA
ATTACHMENT 4
EsGil Corporation ;
Professional P1Rn Review Engineers
October 22, 1997 ,
Ms. Debra Gilbert
Senior Analyst �. r
Dept. of Community Development
2000 Main Street
Huntington Beach, CA 92648
Re: Building Plan Review Contract.
Dear Ms. Gilbert:
This is in response to your October 14,.1997 letter. °
l: Esg1 Corporation does not have any conflict of interest with private developers. We have
worked exclusively for. government `.since incorporation -in 1-979. We do no design work. and "
no private, sector consulting. All employees sign agreements that they. -will. do no work
outside of their employment with Esgil Corporation that would create a' conflict- of interest.
- Esgil Corporation does not use subcontractors or'moonlighters -that would cause a- conflict of...
interest.
2. Enclosed .is a current list of Nil employees with iheir qualifications to w6rk for Huntington
Beach. ;
a 3. We propose no changes to the existing contract. ;
e
We appreciate being a resource to, the City of Huntington Beach. If you have any further
information needs please feel free.to call me at (619)560=1468.
Sincerely, ;
IL C ORATION
Sandra Brenner _
Executive Vice President ,
Enclosure i
9320 Chesapeake. Drive, Suite 208 ♦ San Diego, California 92123 W (619) 560-1468 ♦ Fax (619) 560-1576
L�
Summary of Informal Proposals for Plan Review Services
(per professional services --Chapter 3.03)
• International Conference
of Building Officials (ICBO)
• SFA Consultants, Inc.
• EsGil Corporation
Selection Guidelines: (per 3.03.040)
Plan Review Fee
(hourly fee)
60% of Permit Fee
($75/hr)
49% of Permit Fee
($75/hr)
56% of Permit Fee
($87.15/hr)
• Each of the above are well known for there quality Plan Review Services.
• SFA and EsGil provide their service at a cost that is at or below the industry
standard.
• Both firms have staff that have provided excellent service to Huntington Beach in
the past.
• EsGil has an extensive staff that can handle projects when other companies are
busy.
pc-sent-h
INSURED - COMPANY -
Esgll Corporation / g SAFECO INSURANCE COMPANY
9320 Chesapeake Dr. #208 4�1/97 COMPANY
San Diego CA 92123 C
COMPANY
D
THIS IS TO CERTIFY THAT 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
T TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS
CO DATE (MM/DD/YY) DATE (MM/DD/YY)
A GENERAL LIABILITY 7JW61083001 9/30/97 9/30/98 GENERAL AGGREGATE $ 2000000
X COMMERCIAL GENERAL LIABILITY - PRODUCTS - COMP/OP AGG $ 2000000
CLAIMS MADE OCCUR PERSONAL & ADV INJURY $ 1000000
OWNER'S & CONTRACTOR'S PROT EACH OCCURRENCE $ 1000000
FIRE DAMAGE (Any one fire)
$ 100000
MED EXP (Any one person)
$ 10000
B
.
AUTOMOBILE
LIABILITY
ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON -OWNED AUTOS
BA8133707H
- -
- -
9/30/97
9/30/98
COMBINED SINGLE LIMIT
$ 1000000
X
BODILY INJURY
(Per person)
$
X
X
BODILY INJURY
(Per accident)
S
PROPERTY DAMAGE
$
GARAGE LIABILITY
ANY AUTO
_
- -
AUTO ONLY - EA ACCIDENT
S
OTHER THAN AUTO ONLY
EACH ACCIDENT
S
AGGREGATE
$ -
A
EXCESS LIABILITY
X UMBRELLA FORM-
OTHER THAN UMBRELLA FORM
7NW610830 1
9/30/97.
9/30/98
EACH OCCURRENCE
$ 4000000
AGGREGATE
$ 4000000
-
S
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
THE PROPRIETOR/ _ INCL
PARTNERS/EXECUTIVE
OFFICERS ARE: EXCL
OTH-
WC LIMITS
STI ER
EL EACH ACCIDENT
9
EL DISEASE - POLICY LIMIT
8 -
EL DISEASE - EA EMPLOYEE
S
OTHER
-
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS
CITY OF HUNTINGTON BEACH, ITS AGENTS, OFFICERS AND EMPLOYEES ARE NAMED
AS ADDITIONAL INSURED AS RESPECTS GENERAL LIABILITY PER CG2010
ATTACHED.
10 DAYS NOTICE OF CANCELLATION FOR NON-PAYMENT OF PREMIUM.
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
CITY OF HUNTINGTON BEACH�I �� r hEXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL30MCRMQ230 MAIL+
ATTN: ROSS CRANMER, BLDGtDEFTi J "? �}% 30 DAYSrWRITTEN NOTICE TO THE. CERTIFICATE HOLDER _NAMED TO THE LEFT,
t< r�
2000 MAINST.
HUNTINGTON-.BEACH, CA 92648 n 6 1 '�� 7� q' �•: Sj t; 'AUTHORIZED REPRESENTATIVE ,
"AUTHORIZED
• CORCIAL GENERAL LIABILITY
POLICY NUMBER: 7JW61083001
INSURED: Esgil. Corporation
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS (FORM B )
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART.
SCHEDULE
Name of Person or Organization:
CITY OF HUNGTON BEACH, ITS AGENTS, OFFICERS AND
EMPLOYEES
(If no entry appears above, information required to complete this
endorsement will be shown in the Declarations as applicable to this
endorsement.)
WHO IS AN INSURED (Section II) is amended to include as an insured
the person or organization shown in the Schedule, but only with
respect to liability arising out of "your work" for that insured by
or for you.
,IG'r.
2002
10i10i97 •FRI 15:13 FAX %4 729 0770 PPIB-50
Certificate of Insurance .
COVERAGES:. TTIAIS IS TO CERTIFY THAT POLICIES OP INSURANCE LI87ED BELOW HAVE earn ISSUGO TC• THE INSURED NAMED ABOVE FOR TI•IE POLICY PERIOD INDICAT :).
N0'IWII HS1ANDING ANY REOUIREMGNT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY' SE ISSUED OR MAY
PERTAIN, THE INSURANCE AFFORDED aY THE POLICIES DESCRIBED HEREIN IS SUBJEOTTO ALLTHE TERMS, roXCLUVONS, AND CONDITIONS OF SUCH POLICIES.
CO.
TYPE OF
POLICY
POLICY
POLICY
LTR.
INSURANCE
NUMBER
EFFEC_ DATE
EXPIR. DATE
LIMITS
GENERAL LIABILITY
General Aggregate $
[ I Comml. Gen. Liability
Products-Com/O e Agg. $
[ ] Claims (Made
Personal & Adv. Injury $
Each Occurrence $
[ ] Ooourrence
j Independent Contractors
Fire Darns a (any one fire
[ ] Contractual
Other $
BFPD
AUTO LIABILITY
Combined Single Limit $
[ J Any Automobile
[ ] All owned autot
Sediiy Injury (per parson) $
( ] Scheduled autos
Bodily Injury (per accident) 5
[ J Hired autos
i
[ ] Non owned autos
[ ] Garage liability
Property Damage $
EXCESS LIABILITY
i
Each Occurrence $
Umbrella Form
Aggregate $
Other than Umbrella Form
WORKERS'
Statutory limits:
A
COMPENSATION
TOW236735-05
00/01/97
09/01/98
Each Accident $1,000,000
AND EMPLOYERS'
Disease-Poiicy Limit $1,000,000
LIABILITY
Disease-Eaeh Employee $1,000,000
B
PROFESSIONAL
AEN113$27896
09130/97
09/30/88
Each Claim $1,000,000
LIABILITY
I
Amiregate
Description of operations/LOcationsNehicies/Restrictions/Special Items:
All operations of the named insured. !
cafe noiaer. / THE AGGREGATE LIMIT IS THE TOTAL INSURANCE AVAILABLE FOR CLAIMS PRESENTED
V WITHIN THE POLICY FOR ALL OPERATIONS OF THE DISURED. CANCELLATION:
CITY OF HU14TINGTON BEACH SHCULO ANY OF THU ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
2000 MAIN STREET EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL MAIL 80 DAYS' WRn7EN NOTCE
HUNTINGTON BEACH, CA 92"8 TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, EXCEPT IN THE EVG7T OF
CANCELLATION DUE TO NON41AYMFNT OF PREMIUM IN WHICH A 10 DAYS NOrIm WAL_ 5=—
ATTN: KRIS MENDOZA GIVEN.
i Authoriz entative: Dale: October 10,1997
Council/Agency Meeting Held; /— - q'7
Deferred/Continued to:
`Y3 Approved ❑ Conditionally Approved ❑ Denied
City Clerk's Sign ure
Council Meeting Date: 1/6/97
Department ID Number: CD96-55
CITY OF HUNTINGTON BEACH
REQUEST FOR COUNCIL ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
SUBMITTED BY: MICHAEL T. UBERUAGA, City Administrator a�
PREPARED BY:. MELANIE S.-FALLON, Director of Community Development`n
SUBJECT: CONTRACT WITH SFA, INC. AND ESGIL, INC.--TO PERFORM
PLAN REVIEW SERVICES and CONTRACT WITH SFA, INC. TO
PROVIDE STAFFING SERVICES
Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s)
Statement of Issue:
Within the Community Development Department, the Building and Safety Division staffs the
building counter, performs health and safety plan reviews and provides customer friendly
inspection services for our community. The applicants who submit projects to the City pay
fees for these services and expect reasonable service levels. The demand for these
services vary due to the fluctuations in construction activity. In order to continue to deliver
our services when construction activity is high, we rely on cost effective outside firms to
augment our professional staff.
The two (2) proposed firms, SFA, Inc. and EsGil, Inc., are well respected in the industry and
individuals within each firm have provided exceptional services for Huntington Beach in the
past.
Funding Source:
The contract services would be financed by the' $350,000, "One Time Revenues", identified
in the 1996/97 Budget. The contract services would not be utilized until the anticipated
revenues are collected by the City.
t7_1 ?
& oo , !c
Recommended Action:
Staff Recommendation:
Motion to: "Approve and authorize the Mayor to execute contracts with SFA, Inc. and EsGil,
Inc. to provide professional plan review services and with SFA, Inc. for staffing services, with
a total amount for all three (3) contracts not to exceed $300,000. Further to appropriate
$300,000 to contact services in Program CD-234, with the requirement that expenditure of
the funds are only to occur after the revenues have been received by the City."
Altemative Action(s):
The City Council may make the following motion:
"Deny the execution of the contracts for outside professional services and service the
increase in construction activity with existing staffing levels."
36, #V
JI1D7ON
b" nH
03�►393a J
REQUEST FOR COUNCIL ACTIN
MEETING DATE: 1/6197 DEPARTMENT ID NUMBER: CD96-55
Analysis:
The ability of the Building and Safety Division to provide counter, plan review and inspection
services has been hampered by the substantial increase in construction activity. Due to the
increased activity our customers are waiting an average of 10 additional minutes for counter
service, plan review time is now running approx. 4 weeks and the inspection activity has
increased to an average of 140 inspections per day. This increase in activity is primarily
due to the new housing in the Holly Seacliff development area and more of the new tracts
are scheduled to begin this fiscal year. It is estimated that 389 units will be built this fiscal
year which is an increase of 189 units over last year or almost a 95% increase in residential
new construction.
Staff has worked with Administrative Services to estimate the additional user fee revenue
that will be generated from this construction activity. Staff has estimated the additional
revenue at approximately $350,000. This revenue is identified in the 96/97 Budget as "One
Time Revenue" (Attachment #6), with the anticipation that the monies would be needed to
finance contract services to support the service demand of the projects being developed.
Developers and homeowners pay for the services and expect the city to perform their
mandated review in a reasonable time frame.
EsGil, Inc. and SFA, Inc., are well known for their professional and timely plan review
services. The plan reviews are performed at their place of business and they make every
attempt to assist the applicants through the process. Each firm has staff that has provided
services for Huntington Beach in the past and their services have been delivered in. a
professional, expedient and friendly manner.
The cost for this outside plan review service is a percentage of the permit fee that we collect.
The percentages that the various consultant firm's charge varies from 49% to 60% of the
building permit fee. Attachment #5 shows the results of the three (3) informal proposals for
this service.
The proposed third contract is again with SFA, Inc. to provide staffing services. In contrast
to plan review our other services cannot be provided away from City Hall. We have utilized
firms in the past to place contract or leased staff in City Hall to perform counter, inspection
and misc. services. This service is cost effective since the hourly rates are substantially
lower than contract professional services and the City is not obligated to maintain peak
staffing when the construction activity declines. Companies are able to provide staff at a
lower rate since their overhead is substantially less when they function as an employment
service. Most notably we have used the firm ESI, Inc. in the past and the principal of SFA,
Inc. was the President and cofounder of ESI, Inc., thus we feel we will receive good service.
The cost for staffing services varies dependent upon the expertise of the individuals. As an
example, our experience has been that this service can provide building inspectors for $25
to $35 per hour. This is a substantial savings over a typical consulting firm that would bill
this expertise at $50 to $70 per hour.
CD96-55.130C -2- 12/09/96 3:52 PM
• •
REQUEST FOR COUNCIL ACTION
MEETING DATE: 1/6/97 DEPARTMENT ID NUMBER: CD96-55
Environmental Status: NA
Attachment(s):
1. Contract with EsGil, Inc. for Plan Review Services
2. Contract with SFA, Inc. for Plan Review Services
3. Agreement with SFA, Inc. for Staffing Services
4. Approved Insurance Certificates
5. Summary of Informal Proposals for Plan Review Services
6. 1996/97 Budget --General Fund Revenue Summary
7. FIS 97-07
CD96-55.DOC -3- 12/02/96 4:19 PM
• to
J.
CITY OF HUNTINGTON BEACH
2000 MAIN STREET
January 13, 1997
Esgil Corporation
9320 Chesapeake Drive, #208
San Diego, CA 92123
OFFICE OF THE CITY CLERK
CONNIE BROCKWAY
CITY CLERK
CALIFORNIA 92648
The City Council of the City of Huntington Beach at the meeting held
January 6, 1997, approved execution of Professional Services Contract
Between The City Of Huntington Beach And Esgil Corporation For Plan Review
Services.
Enclosed is a duly executed copy of the contract for your records.
Sincerely,
Connie Brockway
City Clerk
Enclosure: Contract
G:followup: agrmtltr/SFA:cc
( Telephone: 714-536.5221)
PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
ESGIL CORPORATION
FOR PLAN REVIEW SERVICES
Table of Contents
SECTION
PAGE
1
Designation of Contractor........................................................................................2
2
Conflict of Interest....................................................................................................2
3
Work to be Performed by Consultant and Compensation........................................2
4
Work to be Performed by the City.......................................:...................................4
5
Extra Work...............................................................................................................4
6
Service Leval Goals..................................................................................................5
7
Work Day Definition................................................................................................5
8
Method of Payment..................................................................................................5
9
Performance Documentation....................................................................................5
10
Non-Assignability..................................:.................................................................
6
11
Final Decision Authority..........................................................................................6
12
Termination..............................................................................................................6
13
Notices......................................................................................................................6
14
Immigration..............................................................................................................7
15
Legal Services Subcontracting Prohibited................................................................7
16
Indemnification and Hold Harmless..........................................................................7
17
Workers' Compensation...........................................................................................7
18
Insurance...................................................................................................................
8
19
Certificates of Insurance; Additional Insured Endorsements
...................................8
20
Independent Contractor............................................................................................9
21
Copyrights/Patents....................................................................................................9
22
City Employees and Officials
9
23
Attorney's Fees
9
24
Entirety
10
11
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RLS 96-755
r
PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
ESGIL CORPORATION
FOR PLAN REVIEW SERVICES
THIS AGREEMENT, made and entered into this 6th day of January
1996, by and between the City of Huntington Beach, a municipal corporation of the State of
California, hereinafter referred to as "CITY," and Esgil Corporation, a California corporation,
hereinafter referred to as "CONSULTANT."
WHEREAS, CITY desires to employ the services of a consultant to provide plan review
services involving ministerial code review for proposed building construction plans; and
CITY desires to implement a high level of professional and technical plan review services
at a cost less than the fees paid by the permit applicants; and
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
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
CITY desires to contract with a firm presently successfully providing plan review
services to government agencies; and
CONSULTANT's plan review engineers, supervisors and managers are all highly
credentialed engineers with many years of regulatory plan review experience; and
CONSULTANT is willing to enter into a contract with the CITY to provide plan review
services to the CITY in accordance with this contract; and
Pursuant to documentation on file in the office of the City Clerk, the provisions of
Huntington Beach Municipal Code Chapter 3.03 relating to procurement of professional service
contracts has been complied with; and
CONSULTANT has been selected to perform said services,
NOW, THEREFORE, it is agreed by CITY and CONSULTANT AS FOLLOWS:
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RLS 96-755
Section 1. DESIGNATION OF CONTRACTOR.
CONSULTANT hereby agrees to 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; 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, when requested by the Building
Official or his designated representative.
Section 2. CONFLICT OF INTEREST.
CONSULTANT expressly affirms that it nor any of its officers or directors will
perform work or provide services to entities other than government entities during the time this
Agreement is in force in order to insure the CITY that the CONSULTANT will not have a
conflict of interest in discharging the work covered by this Agreement.
Section 3. WORK TO BE PERFORMED BY CONSULTANT AND
COMPENSATION
A. Plan Review Services Scope of Work.
CONSULTANT shall:
Perform traditional preliminary plan review consultations in its main
office by meetings or by� telephone.
2. Perform traditional initial plan review of submitted plans to determine
compliance with certain uniform codes as adopted by CITY, including:
Uniform Building Code
Uniform Plumbing Code
Uniform Mechanical Code
National Electrical Code
California State, Title 24 (Energy Conservation;
and Disabled Access)
Noise Attenuation and local requirements
Federal Flood Plain Regulations (FEMA)
3. Provide the applicant's designee and the CITY a list of items needing
clarification or change to achieve conformance with the above regulations.
4. Perform all necessary liaison with the applicant's designee, by telephone,
fax, mail or meeting in its main office, and perform all necessary rechecks
to achieve conformance to the regulations.
2
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11/8/96
RLS 96-755
5. Perform all necessary liaison with the Building Official or his designee, by
mail, telephone, fax or in its main office, to insure compliance with the
Uniform Administrative Code (UAC) 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.
7. Perform extra work when requested in writing by CITY.
8. Attend meetings related to proposed building projects at the request of the
Building Official at locations other than its office.
B. Compensation for Plan Review Services
1. Compensation for each plan reviewed pursuant to this Agreement shall be
56% of the building permit fee calculated per Table 3A of the 1991
Uniform Administrative 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. The value shall include a
proposed construction as defined in Uniform Administrative Code
Section 304.
Plan check fee for repetitive identical buildings shall be 56% of the
building permit fee as noted above for the first, or basic building, and 14%
of the building permit fee for each additional building.
The single fee includes all rechecks, plan check conferences at
CONSULTANT's office, reviewing plans that are initially found to be
incomplete and for the transmitting of plans back to the jurisdiction.
The minimum CONSULTANT fee for any proposed project plan review
shall be one hundred dollars ($100.00).
2. Compensation for plan reviews of reviews to plans that have previously
been approved for permit issuance, pursuant to Section 3(A)(6) of this
Agreement, shall be calculated pursuant to Section 3(B)(1) of this
Agreement or shall be based on CONSULTANT's current Labor Rates
Schedule. The method of calculating compensation for each such plan
reviewed shall be as agreed to in writing by the Building Official and
CONSULTANT.
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11 /8/96
RLS 96-755
3. Compensation for extra work performed pursuant to Section 3(A)(7) of
this Agreement shall be based on the CONSULTANT's Labor Rates
Schedule (Attachment A) as modified each year.
Section 4. . WORK TO BE PERFORMED BY THE CITY
The CITY shall perform the following work:
A. Arrange and pay the cost of shipping one set of plans and documents to
the CONSULTANT'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, 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.
C. Provide the valuation for the proposed construction or instruct the
CONSULTANT to calculate the valuation in accordance with
Section 3(B)(1) of this Agreement.
D. Provide the CONSULTANT with copies of any CITY ordinances that
modify the regulations listed in Section 3(A)(2) of this Agreement.
E. 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 CONSULTANT has completed this initial
plan check.
Section 5. EXTRA WORK
The CONSULTANT shall not perform extra work without written authorization
from the Building Official or his designated representative.
4
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11 /8/96
RLS 96-755
Section 6. SERVICE LEVEL GOALS
The CONSULTANT agrees to provide adequate resources to achieve the
following service delivery goals for timely performance of the work over which the
CONSULTANT has decision authority:
ITEM
A. Buildings less than four stories
and of normal complexity.
B. Buildings four or more stories
in height or of unusual
complexity.
SERVICE GOAL
A. Complete initial plan review in
less than twelve (12) work days.
B. Complete initial plan review in
less than fifteen (15) work days
or as agreed by the CITY's
Building Official and
CONTRACTOR.
C. Residential and minor building C. Complete initial plan review in
projects. less than eight (8) work days.
Service level goals are subject to modification upon mutual agreement of
CONSULTANT and CITY.
Section 7. WORK DAY DEFINITION
For the purpose of measuring performance, the work days specified in Section 6
of this Agreement 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.
Section 8. METHOD OF PAYMENT
CONSULTANT shall submit after the first work day of each month the invoice
for initial plan reviews performed during the prior month. Payment of approved, items on the
invoice shall be mailed to the CONSULTANT within thirty (30) days after the date 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. Any disputed invoices shall be brought to CONSULTANT's attention within ten (10)
days of receipt.
Section 9. PERFORMANCE DOCUMENTATION
CONSULTANT shall note on the plan review correspondence to the CITY:
5
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RLS 96-755
•
0
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 review was completed;
C. The -day of the week and date the applicant's designee was notified that the
initial plan review was completed; and
D. The calculated number of work days to complete the initial plan review.
Section 10. NON -ASSIGNABILITY
This agreement is for the professional services of CONSULTANT and is non -
assignable without -the prior written consent of the CITY.
Section 11. FINAL DECISION AUTHORITY
The CITY's Building Official shall have final decision authority over the results
of the plan review by the CONSULTANT and all work performed by the CONSULTANT shall
be to the satisfaction of the Building Official.
In instances where the permit applicant takes exception to the CONSULTANT's
interpretation of the regulations, the Building Official shall render a final decision utilizing, if
deemed appropriate, the resources of the City Attorney and/or the Board of Appeals.
Section 12. TERMINATION
-Either party may:terminate this. Agreement, with or without cause, by providing
thirty (30) days written notice to the other party.
Section 13. NOTICES
Any notice or special instructions.required to be given in writing under this
Agreement shall be given either by personal delivery to CONSULTANT's agent (as designated
in Section 1 hereinabove) or to CITY's Director Community Development as the situation shall
warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same
in the United States Postal Service, addressed as follows:.
TO CITY:
Ross Crammer, Building Official
Department of Community Development
City of Huntington Beach
2000 Main Street, 3rd Floor
Huntington Beach, CA 92648
6
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RLS 96-755
TO CONSULTANT:
Esgil Corporation
9320 Chesapeake Drive, #208
San Diego, CA 92123
Section 14. IMMIGRATION
CONSULTANT shall be responsible for full compliance with the immigration
and naturalization laws of the United States and shall, in particular, comply with the provisions
of the United States Code regarding employment verification.
'Section 15. LEGAL SERVICES SUBCONTRACTING PROHIBITED
CONSULTANT and CITY agree that CITY is not liable for payment of any
subcontractor work involving legal services, and that such legal services are expressly outside the
scope of services contemplated hereunder. CONSULTANT understands that pursuant to
Huntington Beach City Charter Section 309,-the City Attorney is the exclusive legal counsel for
CITY; and CITY shall not be liable for payment of any legal services expenses incurred by
CONSULTANT.
Section 16. INDEMNIFICATION AND HOLD HARMLESS
CONSULTANT hereby agrees to indemnify, defend, and hold and save harmless
CITY, its officers and employees from any and all liability, including any claim of liability and
any and all losses or costs arising out of the negligent performance of this Agreement by
CONSULTANT, its officers or employees.
Section 17. WORKERS' COMPENSATION
CONSULTANT shall comply with all of the provisions of the Workers'
Compensation Insurance and Safety Acts of the State. of California, the applicable provisions of
the California Labor Code and all amendments thereto; and all similar state or federal acts or
laws applicable; and shall indemnify, defend and hold harmless CITY from and against all
claims, demands, payments, suits, actions, proceedings and judgments of every nature and
description, including attorney fees and costs presented, brought or recovered against CITY, for
or on account of any liability under any of said acts which may be incurred by reason of any
work to be performed.by CONSULTANT under this Agreement.
CONSULTANT shall obtain and furnish evidence to CITY of maintenance of
statutory workers' compensation insurance and employers liability in an amount of not less than
$100,000 bodily injury by accident, each occurrence, $100,000 bodily injury by disease, each
employee, and $250,000 bodily injury by disease, policy limit.
7
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RLS 96-755
•
Section 18. INSURANCE
In addition to the workers compensation insurance and CONSULTANT's
covenant to indemnify CITY, CONSULTANT shall obtain and furnish to CITY, a policy of
general public liability insurance, including motor vehicle coverage, covering the work to be
performed by CONSULTANT pursuant to this Agreement. Said policy shall indemnify
CONSULTANT, its officers, agents and employees, while acting within the scope of their duties,
against any and all claims of arising out of or in connection with this Agreement, and shall
provide coverage in not less than the following amount: combined single limit bodily injury and
property damage, including products/completed operations liability and blanket contractual
liability, of $1,000,000 per occurrence. If coverage is provided under a form which includes a
designated general aggregate limit, the aggregate limit must be no less than $1,000,000. Said
policy shall name CITY, its officers, and employees as Additional Insureds, and shall specifically
provide that any other insurance coverage which may be applicable shall be deemed excess
coverage and that CONSULTANT's insurance shall be primary.
Under no circumstances shall said abovementioned insurance contain a self -insured
retention, or a "deductible" or any other similar form of limitation on the required coverage.
Section 19. CERTIFICATES OF INSURANCE: ADDITIONAL INSURED
ENDORSEMENTS
Prior to commencing performance of the work hereunder, CONSULTANT shall
furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the
foregoing insurance coverages as required by this Agreement; said certificates shall:
4. provide the name and policy number of each carrier and policy;
2. shall state that the policy is currently in force;
3. shall promise. to provide that such policies will not be canceled or modified
.without thirty (30) days prior written notice of CITY; and
4. shall state as follows: "The above detailed coverage is not subject to any
deductible or self -insured retention, or any other form of similar type
limitation. "
CONSULTANT shall maintain the foregoing insurance coverages in force until
the work under this Agreement is fully completed and accepted by CITY.
The requirement for carrying the foregoing insurance coverages shall not derogate
from the provisions for indemnification of CITY by CONSULTANT under the Agreement.
CITY or its representative shall at all times have the right to demand the original or a copy of all
4/s:PCD:Agree:Esgi1
11/8/96
RLS 96-755
said policies of insurance. CONSULTANT shall pay, in a prompt and timely manner, the
premiums on all insurance hereinabove required.
A separate copy of the additional insured endorsement to each of
CONSULTANT's insurance policies, naming the CITY, its officers and employees as Additional
Insureds shall be provided to the City Attorney for approval prior to any payment hereunder.
Section 20. INDEPENDENT CONTRAC TOR
CONSULTANT is, and shall be, acting at all times in the performance of this
Agreement as an independent contractor. CONSULTANT shall secure at its expense, and be
responsible for any and all payment of all taxes, social security, state disability insurance
compensation, unemployment compensation and other payroll deductions for CONSULTANT
and its officers, agents and employees and all business licenses, if any, in connection with the
services to be performed hereunder.
Section 21. COPYRIGHTS/PATENTS
CITY shall own all rights to any patent or copyright on any work, item or material
produced as a result of this Agreement.
Section 22. CITY EMPLOYEES AND OFFICIALS
CONSULTANT shall employ no CITY official nor any regular CITY employee
in the work performed pursuant to this Agreement. No officer or employee of CITY shall have
any. financial interest in this Agreement in violation of the applicable provisions of the California
Government Code.
Section 23. ATTORNEY'S FEES
In the event suit is brought by either party to enforce the terms and provisions. of
this agreement or to. secure the performance hereof, each party shall bear its own attorney's fees.
9
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RLS 96-755
Section 24. ENTIRETY
The foregoing, and Exhibit "A": attached hereto, set forth the entire Agreement
between the parties.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
by and through their authorized offices the day, month and year first above written.
CONSULTANT: CITY OF HUNTINGTON BEACH, A
ESGIL CORPORATION, municipal corporation of the State of
a California corporation California
ITS: (circle one) Chairmand!EEMea'-lce President
AND
print name
ITS: (circle one) Secretarst7STi-eTFinanc�aICUMMsst.
Secretary - Treasurer
REVIEWED AND APPROVED:
C' Administrator
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RLS 96-755
yor
ATTEST:
l `
City Clerks
APPROVED AS TO FORM:
i
r-City Attorney (� ljj g jgib
Pr
INITIATED AND APPROVED:
Director of Community Development
10
Attachment "A"
REGULAR
CLASSIFICATION
RATE*
PREFERRED
RATE*
Division Manager
$157.50
$118.65
Supervising Structural Engineer
148.43
112.00
Civil, Electrical, R.C.E
115.50
87.15
Electrical Engineer, E.E.
115.50
87.15
Mechanical Engineer, M.E.
115.50
87.15
Structural Engineer, S.E.
129.88
98.00
Energy Plans Examiner, C.B.C.I
115.50
87.15
I.C.B.O. Plans Examiner
98.70
74.55
Supervising Building Inspector
105.00
78.75
Building Inspector
89.25
67.20
Permit Specialist
80.85
60.90
Word Processing
55.65
42.00
Clerical Support
37.80
28.35 .
Corporate Attorney
280.35
210.00
NOTES:
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.)
HADATMCONTRACT.HB
*Hourly
10/1/96 CA
W
0-
Summary of Informal Proposals for Plan Review Services
(per professional services --Chapter 3.03)
Plan Review Fee
(hourly fee)
• International Conference
of Building Officials (ICBO) 60% of Permit Fee
($75/hr)
• SFA Consultants, Inc. 49% of Permit Fee
($75/hr)
• EsGil Corporation 56% of Permit Fee
($97.15/hr)
Selection Guidelines: (per 3.03.040)
• Each of the above are well known for there quality Plan Review Services.
• SFA and EsGil provide their service at a cost that is at or below the industry
standard.
• -Both firms have staff that have provided excellent service to Huntington Beach in
the past.
• EsGil has an extensive staff that can handle projects when other companies are
busy.
pcserv2-h
Attachftnt 8 - General Fund RevenAummary
::::>::>I .�ISr « :::«<:>:<.:::::
't'tMJt':1`6t'r:>::»<.:>
:::.S�>:;;:::.:::.:::::::.;>::.:::..
1.99&Igif.>:.:<><:>:<:>:
<:>::: Flr»#.iIVIIIsIAi #.....
, .
Property Taxes
$24, 800, 000
$25, 702, 000
$25, 024, 000
($678, 000)
Sales Tax
16,700,000
16,600,000
16,600,000
Proposition 172 Sales Tax
1,100,000
1,144,000
1,144,000
Utility Tax
13,125,000
13,322,550
13,497,550
175,000
Transient Occupancy Tax
1,100,000
1,122,000
1,122,000
Other Local Taxes
4,970,000
5,432,450
5,432,450
Licenses & Permits
4,270,300
4,772,830
4,834,830
62,000
Fines/Forfeitures/Penalties
2,220,000
2,347,000
2,355,000
8,000
Use of Money & Property
6,683,155
6,587,250
6,868,250
281,000
Revenue from Other Agencies
10,325,627
8,536,000
8,536,000
Charges for Current Service
8,759,500
9,980,725
9,254,725
(726,000)
Other Revenue
543,000
477,700
522,700
45,000
Transfer from Other Funds
2,990,000
2,490,000
2,490,000
t......
8.y' 58 58
$::.r::::::::.::::.:.:...::::::.........::..:::.:.:::.:
.:::::::::.:::::.:...:::.r::::::..:.....:..:::..:..............:...
. .
:; :;r4 .:: ::::
';: ::::::: .►..:..:...Y. 1................................i........................{.�.!!.��..........i................................................................
xx�:,:y<::::::::::::::::::::::;;::;::i::i:;::'•.:;��yy/*�:::i7::iC::;;::::::::::::::;;;::::::::i::iee:�>;:;:f::::}:
aFi-.°;r� 0.1 ?iLX.e �i; iiiii
g....... g.:................................:....
.:; iilR'I7Aiii':i
►.:::::► .:.::.:.::.:::::::::...
�:?:::::�
`:iiii Q"i..:'�71iiiiii? iii :iiii.:.
V.
Reconciliation of Changes
Property Tax
Utility Tax
Licenses and Permits
-Reduce Business License Tax
-Increase Business License Fee
-Increase Building Fees
Licenses and Permits Sub Total
Fines/Forfeltures/Penalties
Use of Money & Property
Charges for Current Service
-Sewer Fee
-Police Department Fees
-Engineering/Inspection Fees
Charges for Service Sub Total
Other Revenue
TOTAL
($ 678,000) ($ 678,006)
175,000 176,000
($ 320,000)
186,000
196,000
62,000
8,000 8,000
100,000
181,000 281,000
($1,000,000)
84,000
190,000
(726-1000).
45.000 46,000
BGTREV97.DOC
•.-
�, CITY OF HUNTINGTON BEACH
INTERDEPARTMENTAL COMMUNICA TION
To: Michael T. Uberuaga, City Administrator
From: Robert J. Franz, Deputy City Administrator
Subject: FIS 97-07 Contract with SFA, Inc and ESGIL
Date: November 25, 1996
As required by Resolution 4832, a Fiscal Impact Statement has been
prepared for for $350,000 for a Contract with SFA and ESGIL.
If the City Council approves this request, .the estimated, fund balance
of the General Fund at September 30, 1997 will be reduced to
$6,194,271. /'? �-
Robert J. Frnz,
Deputy City Administrator
0-
Adopted Budget
Revised Estimate
fis9707 •—
$ 3,584,549
$ 6,194,271
Adopted Current
`Fund Balance General Fund _ Budget Estimate
Beainnina Fund Balance 1 $ 3.227.959 1 $ 6.699.000
Less Approved One -Time Costs (423,319)
Less: Pending Budget Amendments (88,000)
Less FIS 97-07 (350,000)
Plus PERS Refund
Estimated 9/30/97 Balance $ 3,584,549 1 $ 6,194,271
$6,600,000
$6,000,000
I
$5,500,000
I
$5,000,000
i
i
$4,600,000
s2.nnn.nnn
$4,000,000
$3,500,000
$3,000,000
$2,500,000
$2,000,000
G: WCCTGIFI S.XLS]fis9707
Fund Balance - General Fund
Adopted Revised
Budget Estimate
Page 1
4�'"{�" �'P O27S7 ISSUE DATE (MM/DD/YY) I
n 11/15/96
PRODUCER
LAWRENCE UNITED CORP.
P.O. BOX 80187
SAN DIEGO CA 92138
INSURED
SGIL CORPORATION
320 CHESAPEAKE DR. #208
AN DIEGO, CA 92123
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
COMPANIES AFFORDING COVERAGE
COMPANY A SAFECO INSURANCE CO.
LETTER
COMPANY B INSURANCE COMPANY OF NO. AMERICA
LETTER
COMPANY C AMERICAN MOTORISTS INS. CO.
LETTER
COMPANY D
LETTER
COMPANY E
LETTER
THIS IS TO CERTIFY THAT 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 RESPECTT0 WHICH THIS
EXCLUSIONS AND CONDITIONS OF SUCH POINGIES. LIMITS SHOWN MAY HAVE BEEN REDUCED DESCRIBED
Y PAID CLLAIMSEIN IS SUBJECT TO ALL THE TERMS,
O
Tp
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE
DATE (MM/DD/YY)
POLICY EXPIRATION
DATE (MM/DD"
LIMITS
GENERAL LIABILITY
OMMERCIAL GENERAL LIABILITY
LAIMS MADE !:IFx_lOCCUR.
OWNER'S & CONTRACTOR'S PROT.
7 JW 610 8 3 0 0 0
0 9/ 3 0/ 9 6
0 9/ 3 0/ 9 7
GENERAL AGGREGATE
$ 2,000,00
PRODUCTS-COMP/OP AGG.
S 1 0 0 0 0 0
PERSONAL & AOV. INJURY
$ 1 0 0 O O O
EACH OCCURRENCE
$ 1 0 0 0100
FIRE DAMAGE (Any one fire)
$ 50,00
MED.EXP. (Any one person)
$ 5.00
AUTOMOBILE LIABILITY
ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON —OWNED AUTOS
GARAGE LIABILITY
Ry;
BA 813 3 7 0 7 G
APPROVED
CkIL
CITY
0 9/ 3 0/ 9 6
AS
AT 1 OPUTA�_
0 9/ 3 0/ 9 7
rO FORMA
COMBINED SINGLE
LIMIT
S 11000,001
BODILY INJURY
(Per person)
$
BODILY INJURY
(Per accldenq
$
PROPERTY DAMAGE
.
$
EXCESS LIABILITY
UMBRELLA FORM
M
OTHER THAN U BRELLA FORM
XUXG 18 8 4 6 2 8 7
y �{
O J T J 7
EACH OCCURRENCE
$ 4
AGGREGATE
$ 4,000,00(
WORKER'S COMPENSATION
AND
EMP OYERS' LIABILITY
L
, 1N5kJp,ED
ADD L
ENDGRSEMEt
T ATTACH..E�
STATUTORY LIMITS
$
EACH ACCIDENT
DISEASE —POLICY LIMIT
$
DISEASE -EACH EMPLOYEE
IS
OTHER
r
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS
ERTIFICATE HOLDER_IS AN ADDITIONAL INSURED PER FORM ATTACHED.
CITY OF HUNTINGTON BEACH
ATTN: ROSS CRANMER
BLDG. DEPT. .
2000 MAIN ST.
HUNTINGTON BEACOCA 92648
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILLNIEIS
MAIL 3 p_ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
LEFT vwXxvml6IIny ff3a7LXmX
AUTHORIZED REPRESENTATIVE
NAMED INSURED: ESGIL CORPORATION
POLICY #: 7JW61083 .
ADDITIONAL INSURED nanr-- m
CITY OF HUNTINGTON BEACH, ITS AGENTS, OFFICERS, AND inSuRance
companies
EMPLOYEES LL......J ®'
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
This endorsement modifies insurance provided under the following:
BUSINESSOWNERS POLICY
1. The following provision is added to paragraph C., - 2) "Bodily injury" or "property damage" aris-
WHO IS AN INSURED, in the Liability Coverage Ing out of any act or omission of the "ad -
Form: ditional Insured(s)" or any of their
employees.
Any person or organization you are required by
written contract to name as an insured (called
"additional insured") Is an insured. but only with
respect to liability arising out of your premises or
"your work" for the "additional insured."
2. With respect to the insurance afforded these
"additional insureds," the following additional pro-
visions apply:
A. The limits of Insurance provided on behalf of
the "additional insured" are not greater than
those required by such contract. In no event
shall the Limits of Insurance in this Coverage
Form be increased by such contract.
B. Additional Exclusions
This insurance does not apply to :
1:) "Bodily injury" or "property damage" oc-
curring after:
8) All work on the project to be per-
formed by or on behalf of the "addi-
tional insured(s)" at the site of the
covered operations has been com-
pleted; or
b) That portion of "your work' out of
which the injury or damage arises
that has been put to its intended use .
by any person or organization other
than another contractor or subcon-
tractor engaged in performing opera-
tions for a principal as a part of the
same project.
3) "Property damage" to:
a) Property owned, used or occupied
by or rented to the "additional
insureds)";
b. Property in the - care, custody, or
control of the "additional insured(s)"
or over which the "additional in-
sured(s)" are for any purpose exer-
cising physical control; or
c. "Your work' for the additional
insured(s)."
C. With respect to "additional insureds" who
are architects. engineers or surveyors, this
insurance does not apply to "bodily injury,"
"property damage," "personal Injury" or "ad-
vertising injury" arising out of the rendering
of or the failure to render any professional
services by or for you, including:
1) The preparing, approving; or failing to
prepare or approve maps, drawings,
opinions, reports, surveys, change or-
ders, designs or specifications; and
2) Supervisory, inspection or engineering
services. .
D. Any coverage provided by this endorsement
shall be excess over any other valid and col-
lectible insurance available to the "additional
insured(s)" whether primary, excess, contin.
gent or on any other basis.
THIS ENDORSEMENT MUST BE ATTACHED TO A CHANGE ENDORSEMENT WHEN ISSUED AFTER THE
POLICY IS WRITTEN.
BP 86 04 (Ed. 10 90) Printed in U.S.A.
Certificate of Insurance
Agency Name and Address: THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Professional Practice. Insurance Brokers, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
250 Newport Center Drive, Suite M-106 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
Newport Beach, California 92660 ALTER THE COVERAGE AFFORDED THE POLICIES LISTED BELOW.
714.729.0777 Fax 714.729.0770
Insured's Name and Address: Companies Affording Coverage
ESGIL CORPORATION Company A -- American Motorists Insurance Company
9320 Chesapeake Drive, Suite 208 Company B -= Continental Casualty Company
San Diego, California 92123-1021
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
POLICY
LTR.
INSURANCE
NUMBER
EFFEC. DATE
EXPIR. DATE
LIMITS
GENERAL LIABILITY
General Aggregate $
Products-Com/Ops Agg. $
[ I Comml, Gen. Liability
Personal & Adv. Injury $
[ ] Claims Made
Each Occurrence $
[ 1 Occurrence
Fire Damage (any one fire) $
[ ] Owner's & Contractors
Other
Protective
[ I
$
AUTO LIABILITY
Combined Single Limit $
[ ] Any Automobile
[ I All owned autos
APPBOVED AS
TO FOR112
Bodily Injury (per person)
[ I Scheduled autos
GAIL HUTTO
$
Bodily Injury (per accident)
[ ] Hired autos
CI T ATTOBNEY
[ I Non -owned autos
[ ] Garage liability
[ ]
By :
e uty CP
torn
$
lfroperty Damage
$
EXCESS LIABILITY
NJ
[ I Umbrella Form
Each Occurrence $
[ I Other. than Umbrella Form
Aggregate $
WORKERS'
Statutory Limits:
A
COMPENSATION
7CW235735-05
09/01/96
09/01/97
Each Accident $ 1,000,000
AND EMPLOYERS'
Disease -Policy Limit $ 1,000,000
LIABILITY
Disease -Each Employee $ 1,000,000
B
PROFESSIONAL
AEN1131127665
09/30/96
09/30/97
1 Each Claim / Aggregate $ 1,000,000
LIABILITY
Description of Operations/LocationsNehicles/Restrictions/Special Items:
All operations of the named insured.
Certificate Holder:
CITY OF HUNTINGTON BEACH
2000 MAIN STREET
HUNTINGTON BEACH, CA 92648
ATTENTION: ROSS CRANMER
THE AGGREGATE LIMIT IS THE TOTAL INSURANCE AVAILABLE FOR CLAIMS PRESENTED
WITHIN THE POLICY 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 MAIL 30 DAYS' WRITTEN NOTICE TO THE
CERTIFICATE HOLDER NAMED TO THE LEFT. .
Authorized
Date: November 11, 1996 SM
RCA ROUTING SHEET
INITIATING DEPARTMENT:
Community Development
SUBJECT:
Contracts with SFA, Inc. and EsGil Inc.
COUNCIL MEETING DATE:
January 6, 1997
Ordinance (w/exhibits & legislative draft if applicable)
Not Applicable
Resolution (w/exhibits & legislative draft if applicable)
Not Applicable
Tract Map, Location Map and/or other Exhibits
Not Applicable
Contract/Agreement (w/exhibits if applicable)
(Signed in full by the City Attome
Attached
Subleases, Third Party Agreements, etc.
(Approved as to form by City Attorney)
Not Applicable
Certificates of Insurance (Approved by the City Attome
Attached
Financial Impact Statement (Unbudget, over $5,000)
Attached
Bonds (If applicable)
Not Applicable
Staff Report (If applicable)
Not Applicable
Commission, Board or Committee Report (If applicable)
Not Applicable
Findings/Conditions for Approval and/or Denial
Not Applicable