AGREEMENT BETWEEN THE COUNTY OF SAN MATEO AND

BJYWEST

 

THIS AGREEMENT, entered into this _____ day of _______________ , 2006, by and between the COUNTY OF SAN MATEO, hereinafter called "County," and BJYWest, hereinafter called "Contractor";

 

W I T N E S S E T H:

 

WHEREAS, pursuant to Government Code, Section 31000, County may contract with independent contractors for the furnishing of such services to or for County or any Department thereof;

 

WHEREAS, it is necessary and desirable that Contractor be retained for the purpose of providing plan checking services to the Planning and Building Division.

 
 

NOW, THEREFORE, IT IS HEREBY AGREED BY THE PARTIES HERETO AS FOLLOWS:

   
   

1.

Exhibits and Attachments

The following exhibits and attachments are included hereto and incorporated by reference herein:

Exhibit A—Services

Exhibit B—Payments and rates

Exhibit C—Scope of Work

   
   

2.

Services to be performed by Contractor

In consideration of the payments set forth herein and in Exhibit “B,” Contractor shall perform services for County in accordance with the terms, conditions and specifications set forth herein and in Exhibits “A,” “B” and “C.”

 
 

3.

Payments

In consideration of the services provided by Contractor in accordance with all terms, conditions and specifications set forth herein and in Exhibits "A," “B” and “C.” County shall make payment to Contractor based on the rates and in the manner specified in Exhibit "B." The County reserves the right to withhold payment if the County determines that the quantity or quality of the work performed is unacceptable. In no event shall the County’s total fiscal obligation under this Agreement exceed Two Hundred Fifty Thousand Dollars ($250,000).

 

4.

Term and Termination

Subject to compliance with all terms and conditions, the term of this Agreement shall be from June 1, 2006 through May 31, 2008.

This Agreement may be terminated by Contractor, the Director of the Environmental Services Agency or his/her designee at any time without a requirement of good cause upon thirty (30) days’ written notice to the other party.

In the event of termination, all finished or unfinished documents, data, studies, maps, photographs, reports, and materials (hereafter referred to as materials) prepared by Contractor under this Agreement shall become the property of the County and shall be promptly delivered to the County. Upon termination, the Contractor may make and retain a copy of such materials. Subject to availability of funding, Contractor shall be entitled to receive payment for work/services provided prior to termination of the Agreement. Such payment shall be that portion of the full payment which is determined by comparing the work/services completed to the work/services required by the Agreement.

 

5.

Availability of Funds

The County may terminate this Agreement or a portion of the services referenced in the Attachments and Exhibits based upon unavailability of Federal, State, or County funds, by providing written notice to Contractor as soon as is reasonably possible after the county learns of said unavailability of outside funding.

   

6.

Relationship of Parties

Contractor agrees and understands that the work/services performed under this Agreement are performed as an independent Contractor and not as an employee of the County and that Contractor acquires none of the rights, privileges, powers, or advantages of County employees.

 

7.

Hold Harmless

Contractor shall indemnify and save harmless County, its officers, agents, employees, and servants from all claims, suits, or actions of every name, kind, and description, brought for, or on account of: (A) injuries to or death of any person, including Contractor, or (B) damage to any property of any kind whatsoever and to whomsoever belonging, (C) any sanctions, penalties, or claims of damages resulting from Contractor’s failure to comply with the requirements set forth in the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and all Federal regulations promulgated thereunder, as amended, or (D) any other loss or cost, including but not limited to that caused by the concurrent active or passive negligence of County, its officers, agents, employees, or servants, resulting from the performance of any work required of Contractor or payments made pursuant to this Agreement, provided that this shall not apply to injuries or damage for which County has been found in a court of competent jurisdiction to be solely liable by reason of its own negligence or willful misconduct.

 

The duty of Contractor to indemnify and save harmless as set forth herein, shall include the duty to defend as set forth in Section 2778 of the California Civil Code.

   

8.

Assignability and Subcontracting

Contractor shall not assign this Agreement or any portion thereof to a third party or subcontract with a third party to provide services required by contractor under this Agreement without the prior written consent of County. Any such assignment or subcontract without the County’s prior written consent shall give County the right to automatically and immediately terminate this Agreement.

 

9.

Insurance

The Contractor shall not commence work or be required to commence work under this Agreement unless and until all insurance required under this paragraph has been obtained and such insurance has been approved by Risk Management, and Contractor shall use diligence to obtain such issuance and to obtain such approval. The Contractor shall furnish the Department/Division with certificates of insurance evidencing the required coverage, and there shall be a specific contractual liability endorsement extending the Contractor's coverage to include the contractual liability assumed by the Contractor pursuant to this Agreement. These certificates shall specify or be endorsed to provide that thirty (30) days' notice must be given, in writing, to the Department/Division of any pending change in the limits of liability or of any cancellation or modification of the policy.

 

(1)

Worker's Compensation and Employer's Liability Insurance The Contractor shall have in effect during the entire life of this Agreement Workers' Compensation and Employer's Liability Insurance providing full statutory coverage. In signing this Agreement, the Contractor certifies, as required by Section 1861 of the California Labor Code, that it is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of the Code, and I will comply with such provisions before commencing the performance of the work of this Agreement.

 

(2)

Liability Insurance The Contractor shall take out and maintain during the life of this Agreement such Bodily Injury Liability and Property Damage Liability Insurance as shall protect him/her while performing work covered by this Agreement from any and all claims for damages for bodily injury, including accidental death, as well as any and all claims for property damage which may arise from contractors operations under this Agreement, whether such operations be by himself/herself or by any sub-contractor or by anyone directly or indirectly employed by either of them. Such insurance shall be combined single limit bodily injury and property damage for each occurrence and shall be not less than the amount specified below.

   
 

Such insurance shall include:

 

(a)

Comprehensive General Liability . . . . . . . . . . . . . . . . . .

$1,000,000

 

(b)

Motor Vehicle Liability Insurance . . . . . . . . . . . . . . . . . .

$1,000,000

 

(c)

Professional Liability . . . . . . . . . . . . . . . . . . . . . . . . . . . .

$1,000,000

       

County and its officers, agents, employees and servants shall be named as additional insured on any such policies of insurance, which shall also contain a provision that the insurance afforded thereby to the County, its officers, agents, employees and servants shall be primary insurance to the full limits of liability of the policy, and that if the County or its officers and employees have other insurance against the loss covered by such a policy, such other insurance shall be excess insurance only.

 

In the event of the breach of any provision of this section, or in the event any notice is received which indicates any required insurance coverage will be diminished or canceled, the County of San Mateo at its option, may, notwithstanding any other provision of this Agreement to the contrary, immediately declare a material breach of this Agreement and suspend all further work pursuant to this Agreement.

 

10.

Compliance with laws; payment of Permits/Licenses

All services to be performed by Contractor pursuant to this Agreement shall be performed in accordance with all applicable Federal, State, County, and municipal laws, including, but not limited to, Health Insurance Portability and Accountability Act of 1996 (HIPAA) and all Federal regulations promulgated thereunder, as amended, and the Americans with Disabilities Act of 1990, as amended, and Section 504 of the Rehabilitation Act of 1973, as amended and attached hereto and incorporated by reference herein as Attachment “I,” which prohibits discrimination on the basis of handicap in programs and activities receiving any Federal or County financial assistance. Such services shall also be performed in accordance with all applicable ordinances and regulations, including, but not limited to, appropriate licensure, certification regulations, provisions pertaining to confidentiality of records, and applicable quality assurance regulations.

In the event of a conflict between the terms of this agreement and State, Federal, County, or municipal law or regulations, the requirements of the applicable law will take precedence over the requirements set forth in this Agreement.

Contractor will timely and accurately complete, sign, and submit all necessary documentation of compliance.

 

11.

Non-Discrimination and Other Requirements

A.

Section 504 applies only to Contractor who are providing services to members of the public. Contractor shall comply with § 504 of the Rehabilitation Act of 1973, which provides that no otherwise qualified handicapped individual shall, solely by reason of a disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination in the performance of this Agreement.

B.

General non-discrimination. No person shall, on the grounds of race, color, religion, ancestry, gender, age (over 40), national origin, medical condition (cancer), physical or mental disability, sexual orientation, pregnancy, childbirth or related medical condition, marital status, or political affiliation be denied any benefits or subject to discrimination under this Agreement.

C.

Equal employment opportunity. Contractor shall ensure equal employment opportunity based on objective standards of recruitment, classification, selection, promotion, compensation, performance evaluation, and management relations for all employees under this Agreement. Contractor’s equal employment policies shall be made available to County of San Mateo upon request.

D.

Violation of Non-discrimination provisions. Violation of the non-discrimination provisions of this Agreement shall be considered a breach of this Agreement and subject the Contractor to penalties, to be determined by the County Manager, including but not limited to

 

i)

termination of this Agreement;

 

ii)

disqualification of the Contractor from bidding on or being awarded a County contract for a period of up to 3 years;

 

iii)

liquidated damages of $2,500 per violation;

 

iv)

imposition of other appropriate contractual and civil remedies and sanctions, as determined by the County Manager.

     

To effectuate the provisions of this section, the County Manager shall have the authority to examine Contractor’s employment records with respect to compliance with this paragraph and/or to set off all or any portion of the amount described in this paragraph against amounts due to Contractor under the Contract or any other Contract between Contractor and County.

     

Contractor shall report to the County Manager the filing by any person in any court of any complaint of discrimination or the filing by any person of any and all charges with the Equal Employment Opportunity Commission, the Fair Employment and Housing Commission or any other entity charged with the investigation of allegations within 30 days of such filing, provided that within such 30 days such entity has not notified Contractor that such charges are dismissed or otherwise unfounded. Such notification shall include the name of the complainant, a copy of such complaint, and a description of the circumstance. Contractor shall provide County with a copy of their response to the Complaint when filed.

 

E.

Compliance with Equal Benefits Ordinance. With respect to the provision of employee benefits, Contractor shall comply with the County Ordinance which prohibits contractors from discriminating in the provision of employee benefits between an employee with a domestic partner and an employee with a spouse.

F. E.

The Contractor shall comply fully with the non-discrimination requirements required by 41 CFR 60-741.5(a), which is incorporated herein as if fully set forth.

G.

Compliance with Contractor Employee Jury Service Ordinance. Contractor shall comply with the County Ordinance with respect to provision of jury duty pay to employees and have and adhere to a written policy that provides that its employees shall receive from the contractor, on an annual basis, no less than five days of regular pay for actual jury service in San Mateo County. The policy may provide that employees deposit any fees received for such jury service with the contractor or that the contractor deduct from the employees regular pay the fees received for jury service.

 
 
 

12.

Retention of Records, Right to Monitor and Audit

(a) CONTRACTOR shall maintain all required records for three (3) years after the COUNTY makes final payment and all other pending matters are closed, and shall be subject to the examination and/or audit of the County, a Federal grantor agency, and the State of California.

(b) Reporting and Record Keeping: CONTRACTOR shall comply with all program and fiscal reporting requirements set forth by appropriate Federal, State and local agencies, and as required by the COUNTY.

(c) CONTRACTOR agrees to provide to COUNTY, to any Federal or State department having monitoring or review authority, to COUNTY’s authorized representatives, and/or their appropriate audit agencies upon reasonable notice, access to and the right to examine all records and documents necessary to determine compliance with relevant Federal, State, and local statutes, rules and regulations, and this Agreement, and to evaluate the quality, appropriateness and timeliness of services performed.

 

13.

Merger Clause

This Agreement, including the Exhibits attached hereto and incorporated herein by reference, constitutes the sole Agreement of the parties hereto and correctly states the rights, duties, and obligations of each party as of this document's date. Any prior agreement, promises, negotiations, or representations between the parties not expressly stated in this document are not binding. All subsequent modifications shall be in writing and signed by the parties.

   

14.

Controlling Law

The validity of this Agreement and of its terms or provisions, as well as the rights and duties of the parties hereunder, the interpretation, and performance of this Agreement shall be governed by the laws of the State of California.

   

15.

Notices

Any notice, request, demand, or other communication required or permitted hereunder shall be deemed to be properly given when deposited in the United State mail, postage prepaid, or when deposited with a public telegraph company for transmittal, charges prepaid, addressed to:

   
 

In the case of County, to:

   
 

Director, Environmental Services Agency

 

455 County Center, Mail Drop PLN122

 

Redwood City, CA 94063

   
 

In the case of Contractor, to:

   
 

BJYWest

 

145 Halyard Drive, 1st Floor 8

 

West Sacramento, CA 95691

IN WITNESS WHEREOF, the parties hereto, by their duly authorized representatives, have affixed their hands.

 
 

COUNTY OF SAN MATEO

 
 
 

By:

 

Jerry Hill, President

 

Board of Supervisors, San Mateo County

 
 
 

Date:

 

ATTEST:

 
 

By:

Clerk of Said Board

 
 
 
 
 
 

Contractor’s Signature

 
 

Date:

 

Long Form Agreement/Non Business Associate v 1/09/06

Exhibit A

 

In consideration of the payments set forth in Exhibit B, Contractor shall provide the following services:

 

Contractor shall provide the County with plan checking services. A complete Scope of Work is included as Exhibit C.

 
 

Exhibit B

 

In consideration of the services provided by Contractor in Exhibit A, County shall pay Contractor based on the fee schedule indicated in Exhibit C.

 

County will pay Contractor within thirty (30) days of receipt of a monthly invoice from Contractor itemizing the work done and using the billing rates indicated in Exhibit C.

 

In no case shall the total amount payable under this contract for the work indicated in Exhibit C exceed $250,000 without prior written consent of County in the form of an Amendment to this Agreement.

 
 

L:\CLIENT\P_DEPTS\PLANNING\2006\BJYContract.doc

Exhibit C

 

ARTICLE 1. SCOPE OF SERVICES

 

1.1.

Contractor agrees to provide the County with plan checking services as described herein.

   

1.2.

Documents submitted by the County to Contractor will be plan checked by Contractor for compliance with the current edition of the Uniform Building Code as adopted by the County, the Plumbing, Mechanical and Electrical Codes, the State Energy Conservation and Handicapped Access Regulations (as contained in the current edition of the California State Building Code Standards, Title 24, California Administrative Code), and any additional local ordinances or regulations governing building requirements effective in the County and designated by the County in writing to be included in the scope of plan checking services provided by Contractor, hereinafter referred to as “governing codes.”

   

ARTICLE 2. RESPONSIBILITIES OF CONTRACTOR

   

2.1.

Responsibilities of Contractor include the following:

     
 

2.1.1.

Performing plan checking services in a diligent and professional manner, in accordance with standard practice for such services. All plan reviews shall either be performed by or under the supervision of a licensed civil or structural engineer, registered architect, or International Conference of Building Officials (ICBO) certified plans examiner.

     
 

2.1.2.

Interfacing by telephone, fax or other electronic media with the County’s designated representatives as necessary to execute plan checking services in accordance with the County’s requirements, as set forth herein.

     
 

2.1.3.

Interfacing by telephone, fax or other electronic media with permit applicants or their representatives to clarify plan check comments.

     
 

2.1.4.

Performing, within the turnaround times specified in this agreement, plan checking services for each project submitted, and providing to the County two sets of approved plans or providing the applicant with a written letter of correction for any deficiencies in the submittal. A copy of this letter of correction will also be required to be delivered to the County.

     
 

2.1.5.

Performing, within the turnaround times specified in this agreement, plan rechecking services for revised project documents submitted in response to initial plan check, and providing to the County two sets of red marked plans. Rechecked plans shall list any items not adequately addressed in the response package.

     
 

2.1.6.

In the event that the revised plans are still unable to be approved based on incomplete or incorrect plans, engineering or other related documents, sending a second letter of correction to the applicant with a copy to the County.

     
 

2.1.7

Providing to the County a letter of approval for each plan check project once all plan check comments have been adequately addressed by the permit applicant or his representatives.

     
 

2.1.8

Nothing in this Agreement would prevent Contractor from entitlement to sovereign immunity to the extent provided by law and it is not inconsistent with Contractor’s indemnification of County as provided in this Agreement.

     

ARTICLE 3. RESPONSIBILITIES OF THE COUNTY

     

3.1.

Responsibilities of the County include the following:

     
 

3.1.1.

Providing Contractor with two copies of any local ordinances or regulations governing building requirements effective in the County and designated by the County in writing to be included in the scope of plan checking services provided by Contractor.

     
 

3.1.2.

Instructing Contractor in writing, with two copies of all project documents needed to perform plan checking services for each plan check project, including plans, structural and energy calculations, specifications and soil reports.

     
 

3.1.3.

Instructing Contractor in writing, for each project, the scope or plan checking services required (e.g., full plan check, structural only, energy compliance only).

     

ARTICLE 4. PROCEDURES FOR HANDLING OF PLAN CHECK PROJECT DOCUMENTS

     

4.1.

Transmittal of plan check documents to and from the County and the Contractor will be handled by the Contractor. A representative of the County will call the Contractor when a package of plans and plan check documents is ready for pick up, usually within twenty-four (24) hours. Alternatively, the County may choose to transmit plan check documents by County messenger, independent courier or U.S. Mail, if it is more convenient to do so.

   

4.2.

Plan check comment letters, recheck letters, and plan check documents prepared by the Contractor shall be sent to the applicant by U.S. Mail or fax with a copy of the letters sent to the County by messenger of the Contractor, independent courier, U.S. Mail or fax.

     

ARTICLE 5. TURNAROUND TIMES

     

5.1.

Turnaround times between initial receipt by Contractor of plan check project documents and dispatch by Contractor of first letter of plan check comments to the County are as follows:

     
 

5.1.1.

Ten (10) working days for residential projects of two (2) dwelling units each or less and for nonresidential projects containing five thousand (5,000) square feet of building area or less.

     
 

5.1.2.

Approximately fifteen (15) to twenty (20) working days for residential projects of three (3) dwelling units each or more and for nonresidential projects containing more than five thousand (5,000) square feet of building area. Contractor will provide the County with a more accurate estimate of turnaround time for each such project upon a preliminary review of project documents.

     

5.2.

Turnaround times between receipt by Contractor of revised project documents submitted in response to plan check letter and dispatch by Contractor of recheck letter to the County are as follows:

     
 

5.2.1.

Five (5) working days for residential projects of two (2) dwelling units each or less and for nonresidential projects containing five thousand (5,000) square feet of building area or less.

     
 

5.2.2.

Approximately ten (10) working days for residential projects of three (3) dwelling units or more and for nonresidential projects containing more than five thousand (5,000) square feet of building area.

     

5.3.

Turnaround times shall not include periods of time spent by Contractor in awaiting documents or information to be submitted to Contractor by the permit applicant or his representatives or by the County.

     

ARTICLE 6. ADDITIONAL SERVICES

     

6.1.

Contractor will also provide to the County, upon request, the following services:

     
 

6.1.1.

Meeting with County representatives and/or permit applicants or their representatives to review requirements of governing codes for projects in preliminary design or working drawings stages.

     
 

6.1.2.

Such other additional consulting services as the parties may agree.

     

ARTICLE 7. FEES

     

7.1.

Fees to be paid to Contractor by the County as payment for the services herein described are as follows:

     
 

7.1.1.

For full plan checking services on a project, as previously described herein, seventy percent (70%) of the plan check fee as determined by the County. Building valuations and square footage shall be determined in accordance with the County’s fee schedule and policies.

     
 

7.1.2.

For structural plan checking services only, fifty percent (50%) of the full plan checking services fee indicated above.

     
 

7.1.3.

For energy compliance plan checking services only, thirty-five percent (35%) of the full plan checking services fee indicated above.

   

7.2

Alternatively, as requested by the County and agreed to by Contractor on a project-by-project basis, payment for plan checking services by a Plan Reviewer may be arranged on an hourly basis at a rate of $75.00 per hour.

   

7.3.

Fees shall be billed monthly with a recap of all items.

   

7.4.

Fees indicated under Section 7.1.1 and 7.1.2 above include initial plan checks and one recheck for full plan checking and two rechecks for structural plan checking for each project. Subsequent rechecks shall be billed at an hourly rate of $75.00 per hour.

   

7.5.

Fees for additional services described under Article 6 of this agreement shall be billed at $75.00 per hour.

   

7.6.

The County agrees that all bills submitted shall be paid within thirty (30) days of receipt.

   

ARTICLE 8. EXCLUSIONS

   

8.1

Exclusions from the scope of services provided to the County by Contractor include the following:

   
 

8.1.1.

Plan checking for zoning or civil (grading, utilities, site work) aspects of projects.

     
 

8.1.2.

Providing any design or engineering services, or producing any drawings or calculations.

     
 

8.1.3.

Providing any guarantees, warranties or similar representations as to the quality, accuracy or completeness of documents submitted for plan checking, beyond that described in Section 106.3 of the 1997 Edition of the Uniform Building Code.

     
 

8.1.4.

Additional project documents submitted after Contractor’s final approval of project documents, such as manufacturer’s shop drawings, that contain detailed construction information relating to aspects of the project Contractor has already reviewed. The initial plan check fee will include the review of shop drawings which clarify the aspects of the project.

     
 

8.1.5.

Providing any other services not otherwise included in this agreement or not customarily furnished in accordance with generally accepted plan review practice.

     

ARTICLE 9. CLARIFICATION OF PLAN CHECK ITEMS

     

9.1.

Contractor performs plan checking in accordance with its interpretation and knowledge of the governing codes. In the case of disputed interpretation or application of the governing codes, final decisions lie with the governing agency (e.g., the County, the California Energy Commission) and the authors of the governing codes (e.g., the International Conference of Building Officials).

   

ARTICLE 10. CHANGES IN PROJECTS

   

10.1.

If the scope of any project submitted to Contractor for plan checking is changed significantly subsequent to its initial submittal, fees and turnaround times shall be equitably adjusted.

   

10.2.

Changes in project scope determined by Contractor to be minor in nature shall not require adjustment of fees or turnaround times.

   

ARTICLE 11. CONFLICT OF INTEREST

   

11.1.

To avoid any possible conflict of interest Contractor will not provide plan checking services for any project for which project documents were prepared by Contractor, or on which Contractor’s employees were otherwise involved.

   
     

BJYContract.doc

(03/01/06)