HomeMy WebLinkAbout2006-149RESOLUTION NO. 2006-149
RESOLUTION OF THE CITY OF SAN BERNARDINO REPEALING
RESOLUTION NO. 86-350 ENTITLED IN PART "RESOLUTlON...PROVISIONS FOR
CONTRACT PLAN CHECKING PROVIDED BY CITY EMPLOYED
CONSULTANTS" AND PROVIDING NEW METHODS FOR ASSESSING FEES TO
APPLICANTS AND COMPENSATING CONSULTANTS.
WHEREAS, Resolution No. 86-350 was adopted on September 8, 1986 providing for
Public Works outside plan checking by City employed consultants, establishing fees charged to
applicants for the services, and establishing a method of compensating the City employed
consultant.
WHEREAS, the City wishes to repeal Resolution No 86-350 and modify the method of
calculating the fees charged to applicants for the services, and modify the method of
compensating the City employed consultant.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. Resolution No. 86-350 is hereby repealed and replaced with the following:
1.
Outside contract consultant services may be provided through the Director of
19 Development Services to perform plan/map check services. Said services shall be made
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available subject to availability of consultants under contract to the City. Plan checks shall be
performed in a prompt and timely manner, but the City shall not be responsible for any actual
time periods for checking or approval.
2.
When requested in writing by the applicant and upon payment of a surcharge of
25% of the standard plan check fee as established by other resolutions or ordinances of the City,
the City may provide expeditious plan revIew services. If such expeditions plan review services
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RESOLUTION ...... REPEALING RESOLUTION NO. 86-350 ENTITLED IN
PART "RESOLUTION...PROVISIONS FOR CONTRACT PLAN CHECKING
PROVIDED BY CITY EMPLOYED CONSULTANTS" AND PROVIDING NEW
METHODS FOR ASSESSING FEES TO APPLICANTS AND COMPENSATING
CONSULTANTS.
are requested, then the City will offer a turn around time of no more than two weeks from the
date received by the City. Such requests for expeditions plan review shall be evaluated on a
case by case basis to determine suitability for expeditious plan review. If the plans are
determined, by the Deputy Director of Development Services/City Engineer to be not suitable
for expedited plan review, then the plans shall be promptly returned to applicant with a written
explanation as to why the plans are unacceptable. In such cases, the full amount of the plan
checking fee plus any surcharge paid by the applicant shall be refunded to the applicant.
3.
Consultants shall have the authority to request supporting data, calculations,
modifications and revisions related to the plans sent to them for checking. The original plans
shall be signed by a registered civil engineer employed by the consultant, certifying that the
plans are adequate and recommending approval by the Deputy Director of Development
Services/City Engineer or his designee. The consultant shall not have authority to waive or
modify conditions of approval established by the Mayor and Common Council, Planning
Commission, or the Environmental/Development Review Committee and shall employ the
Standard Policies & Procedures and Standard Drawings of the City as engineering criteria in the
checking process.
4.
Fees for Standard turn-around time - Plan checking fees for use of outside
consultants on the basis of standard turn-around time shall be equal to 100% of the standard
plan check fees as established by other City resolutions and ordinances which would be charged
if the plans were checked by in-house City staff. A deposit of one hundred percent of the total
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RESOLUTION ...... REPEALING RESOLUTION NO. 86-350 ENTITLED IN
PART "RESOLUTION...PROVISIONS FOR CONTRACT PLAN CHECKING
PROVIDED BY CITY EMPLOYED CONSULTANTS" AND PROVIDING NEW
METHODS FOR ASSESSING FEES TO APPLICANTS AND COMPENSATING
CONSULTANTS.
City estimate of fees shall be paid prior to services being provided. Prior to City approval of the
final plans, all outstanding charges as described herein shall be paid in full.
5. Fees for Expeditious Plan Review - Expeditious plan checking fees usmg
outside consultants shall be equal to 125% of the standard plan check fees as established by
other City resolutions and ordinances which would be charged as if the plans were checked by
in-house City staff. A deposit of one hundred and twenty five percent of the total City estimate
of fees shall be paid prior to plans being accepted for expeditions plan review.
6.
Additional Fees - If the calculation of City fees is based on information provided
by the applicant, then the City reserves the right to collect additional fees in the event
information submitted by the applicant is found to be incomplete or erroneous. Prior to City
approval of the final plans, all outstanding charges as described herein shall be paid in full.
7. Consultant Compensation - Outside plan check Consultants shall be
compensated on the basis of 65% of the plan checking fee collected as per Sections 4 and 5
above, including any additional fees collected as indicated in Section 6 above. Such
compensation shall constitute payment in full for Consultant's services, including the cost of all
labor, overhead, and direct expenses, such as scanning, printing, delivery, etc. Said Consultants
shall be provided, at time of transmittal of each plan check, a detailed calculation of the amount
of fee collected for the plan check. The Consultants may challenge the calculation of the fee
within 15 days of receipt of the plan check request. If the Deputy Director of Development
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RESOLUTION ...... REPEALING RESOLUTION NO. 86-350 ENTITLED IN
PART "RESOLUTION...PROVISIONS FOR CONTRACT PLAN CHECKING
PROVIDED BY CITY EMPLOYED CONSULTANTS" AND PROVIDING NEW
METHODS FOR ASSESSING FEES TO APPLICANTS AND COMPENSATING
CONSULTANTS.
ServiceslCity Engineer concurs with the Consultant's calculation, then the fee for purposes of
compensating the Consultant shall be revised to match the Consultant's calculation.
Consultants shall not delay the plan check process due to a disagreement over the amount of the
fee.
III
III
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RESOLUTION ...... REPEALING RESOLUTION NO. 86-350 ENTITLED IN
PART "RESOLUTlON...PROVISIONS FOR CONTRACT PLAN CHECKING
PROVIDED BY CITY EMPLOYED CONSULTANTS" AND PROVIDING NEW
METHODS FOR ASSESSING FEES TO APPLICANTS AND COMPENSATING
CONSULTANTS.
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
Common Council of the City of San Bernardino at a j oint regular meeting thereof, held
on the 5th day of June
, 2006, by the following vote, to wit:
ABSTAIN ABSENT
NAYS
AYES
Council Members:
ESTRADA
x
BAXTER
x
MC GINNIS
x
DERRY
x
KELLEY
x
JOHNSON
x
MC CAMMACK
x
/ ! (. .' \.
l)Ji\ r (he'JI to (/ L f) p....../ fJfr!\ii t .
City Clerk I
The foregoing resolution is hereby approved this ~r;:::-day of June
,2006.
~.,c-,---."....r. _.J .
Pat&kJ.M~
[ of San Bernardino
Approved as to form:
JAMES F. PENMAN,
City Attorney
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By: VtZ"...., ! (~,.v-4'~
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