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HomeMy WebLinkAbout82-81 - Accelerated Building Plan Review Procedure and Agreement201 RESOLUTION NO. 82-81 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ADOPTING AN ACCELERATED BUILDING PLAN REVIEW PROCEDURE AND AGREEMENT. THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY RESOLVE AS FOLLOWS: WHEREAS, it is the objective of the City of Costa Mesa to maintain a minimal waiting period for building plan review; and WHEREAS, fluctuation in economic conditions often result in varia- tions in building activity; and WHEREAS, it is impractical and costly to maintain a City staff large enough to handle peak building activity; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Costa Mesa, that the Accelerated Building Plan Review Agreement, as set forth in Exhibit "A" attached hereto, is hereby adopted, and the Direc- tor of Development Services is hereby authorized to execute said agreements on behalf of the City where the parties meet the conditions of said agreement. PASSED AND ADOPTED this 1st day of November, 1982. pt _. 0, - - 1A L' or of the City of Cos Mesa ATTEST: (�jl. L � (�) ( --�)) � - I C y Clerk of the City of Costa M a STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF COSTA MESA ) I, EILEEN P. PHINNEY, City Clerk and ex -officio Clerk of the City Council of the City of Costa Mesa, hereby certify that the above and foregoing Resolution No. 82-81 was duly and regularly passed and adopted by the said City Council at a regular meeting thereof, held on the 1st day of November, 1982. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the City of Costa Mesa this 2nd day of November, 1982. City Clerk and ex -officio C er o t e City Council of the City of Cos Mesa Z015 EXHIBIT A (11-1-82) ACCELERATED BUILDING PLAN REVIEW AGREEMENT THIS AGREEMENT, dated , is made by the CITY OF COSTA MESA, a municipal corporation, (CITY) and (DEVELOPER) and (ENGINEER) in Costa Mesa, California. WITNESSETH WHEREAS, the CITY has established a procedure whereby a DEVELOPER may retain the services of a qualified independent ENGINEER to perform the building plan review normally conducted by the CITY or its private contractors; and WHEREAS, DEVELOPER proposes to utilize the accelerated plan review process in connection with the proposed development of property located at in the City of Costa Mesa; and WHEREAS, ENGINEER represents that he is duly licensed try the State of California, and that he shall meet all minimum qualifications and responsibilities required by CITY as hereinafter stated; arra WHEREAS, DEVELOPER understands and agrees that no building permit shall be issued until all requirements and conditions of this agreement have been satisfied; and WHEREAS, ENGINEER represents that he has that degree of specialized expertise con- templated within California Govermmnt Code Section 37103 and holds all necessary licenses to practice and perform the services herein contemplated; and WHEREAS, no official or employee of CITY has a financial interest in the subject matter of this agreement contemplated within the provisions of California Government Code, Sections 1090-1092; and WHEREAS, ENGINEER declares that he shall perform the services herein contemplated in compliance with the Federal and California Laws related to minimum hours and wages, (40 U.S.C. 276 A et seq and California Labor Code Section 6300 et seq and California Labor Code, Section 1410 et seq), to the extent same are applicable herein. NOW THEREFORE, in consideration of the mutual promises of the parties, and other good and sufficient consideration, the parties agree to the following: I. BUILDING PLAN REVIEW SERVICES -1-2 A. CITY does hereby agree to accept ENGINEER to perform building plan review in accordance with the terms and conditions herein set forth. B. ENGINEER shall review plans for compliance with pertinent City and State regulations falling within the purview of the building official of the City of Costa Mesa. Exhibit "A" Resolution No. 82-81 Page 1 :06 II. FEES FOR BUILDING PLAN REVIEW SERVICE A. Fees for performing the building plan review shall be negotiated between DEVELOPER and the ENGINEER and said fees shall be paid to ENGINEER by DEVELOPER. The CITY shall not be responsible W ENGINEER to any extent for the fee owed by DEVELOPER. CITY shall not be called upon to assume any liability for the direct or indirect payment of the fee owed by DEVELOPER or of any salary, wage, or compensation to any person employed by ENGINEER. B. At the time the building permit is issued, an administrative fee equal to 25 percent of what would normally have been the plan check fee, had the plans been checked by the CITY, will be changed and collected by the CITY. This fee will be in addition to the building permit fee. III. LIABILITY EXPOSURE AND COVERAGE A. All officers, agents, employees, and subcontractors, and their agents, officers, and employees who are hired by or engaged by ENGINEER in the performance of the building plan review, shall be deemed officers, agents, and employees and subcontractors of ENGINEER only and CITY shall not be liable for their acts or omissions nor responsible to them for anything whatsoever. B. ENGINEER and DEVELOPER shall each separately indemnify and save harmless CITY, its officers, and its employees, from arra against any and all damages to property or injuries to, or death of any person or persons, including property and employees of CITY, and shall defend, save harmless, and indemnify CITY, its officers, and its employees, from and against any and all claims, demands, liabilities, suits, actions, proceedings, or judgments therefor, resulting from or arising out of their own negligent acts or omissions or the negligent acts or omissions of their respective employees or subcontractors; except that neither ENGINEER nor DEVELOPER shall hereby incur any such obligation for the negligent acts or omissions of the other. C. ENGINEER shall obtain and maintain the following insurance coverage: 1. COMPREHENSIVE GENERAL LIABILITY coverage with policy limits of not less than $1,000,000 combined single limit per occurrence, with CITY as additional insured, and with an endorsement that the insurance provided to CITY as additional insured shall be deemed primary and noncontributing with any other insurance of CITY. 2. PROFESSIONAL LIABILITY coverage for $1,000,000 with a contractual liability provision sufficient to insure Paragraph III.B. above. 3. WORKER'S 03MPENSATION INSURANCE in statutory amount. 4. The general and professional liability insurance shall provide continued coverage for at least 12 months following completion of construction of the project and shall not be cancelled, modified, or reduced without first giving CITY thirty (30) days written notice. D. ENGINEER shall provide CITY certificates of insurance acceptable to the City Attorney showing the above coverage and policy endorsements prior to commencement of any plan check services. Exhibit "A" Resolution No. 82-81 Page 2 IV. V. 207 GENERAL OONDITIONS A. The ENGINEER shall oonply with all the provisions of the Worker's Can- pensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Labor Code, and all amendments thereto, and regulations adopted pursuant thereto by the State Department of Labor and similar State or Federal acts or laws applicable. B. ENGINEER shall certify in a form and manner acceptable to CITY that the plans he has checked comply with all applicable codes, ordinances, and laws relating to the particular type of development proposed arra that permits may be issued for the construction of same. C. If omissions or errors in the plans are discovered during the course of construction, corrections shall be made at no cost to CITY, and, all work performed shall be required to comply with the codes and ordinances of CITY prior to final building inspection. D. DEVELOPER shall, prior to or concurrently with the building plan review by ENGINEER, contact the Planning Division, Fire Marshal, and/or Public Services Department of CITY, the Costa Mesa Sanitary District and/or the Mesa Consolidated Water District to determine any conditions or special requirements which may be administered by those departments. Failure to do so may delay issuance of building permits. RESPONSIBILITIES OF ENGINEER ENGINEER shall review plans for canpliance with pertinent CITY and State regulations falling within the purview of the building official of the CITY. More specifically, the services to be performed by ENGINEER shall consist of but not be limited to: PLAN CHECK a. Classify the building and verify compliance for the following: 1) Occupancy group 2) Type of construction 3) Location on property 4) Floor area 5) Height and number of stories 6) Occupant load b. Verify compliance of the building with detailed occupancy requirements. c. Verify compliance of the building with detailed type of construc- tion requirements. d. Verify canpliance of the building with exit requirements. e. Verify canpliance of the building with detailed Code regulations. f. Verify canpliance of building with engineering regulations and requirements for materials of construction. g. Verify canpliance with California Title 24 by reviewing mechanical and electrical plan schedules and work sheets for thermal insula- tion. Exhibit "A" Resolution No. 82-81 Page 3 208 h. Verify compliance with California Title 25 and Section 13-144 of the Costa Mesa Municipal Ordinances by reviewing mechanical, elec- trical, and plumbing plans, details, calculations, and any required Acoustical Engineer's report. i. Provide the following: 1) Coordinate with City Engineering personnel for grades determination 2) Provide drainage review by CITY ordinance 3) Check drainage flow "Q" calculations j. Review plumbing, electrical, and heating drawings k. Provide for review and verification of all of the above items until all corrections are made and all data are in compliance with all codes. ordinances. and State arra Federal Laws. VI. CERTIFICATION The following certification statement shall appear on each page of the drawings submitted and shall be signed and dated by the registered archi- tect or ENGINEER: ARCHITECT OR ENGINEER CERTIFICATION I hereby certify that the work proposed to be done on these plans is in conformance with all Codes and Ordinances of the City of Costa Mesa and further, if omissions or errors are discovered, I understand that the work performed will be required to comply with the Codes arra Ordinances of the City of Costa Mesa prior b:) final building inspection. Signature Date State License VII. PERMIT ISSUANCE Building permits shall be issued by CITY upon completion of all requirements specified above and upon completion of all requirements of any other affected department of CITY or other governmental agency. VII I. AC R40WLEDGEM= DEVELOPER and ENGINEER acknowledge that they have read and understand the above statement of conditions, requirements, and directions and agree to perform accordingly. Furthermore, they understand that no building permits shall be issued for any project until these requirements have been satisfied, and they certify that no work has been undertaken by the ENGINEER involving plan check services prior to submittal of the required certificates of insur- ance and prior to approval of same by the Costa Mesa City Attorney. Exhibit "A" Resolution No. 82-81 Page 4 IN WITNESS WHEREOF the parties have signed below. ENGINEFM: CITY: Exhibit "A" Resolution No. 82-81 Page 5 ZOD