HomeMy WebLinkAbout2007-379
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RESOLUTION NO. 2007-379
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RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING
RESOLUTION NO. 2006-149 ENTITLED IN PART "RESOLUTION...PROVISIONS
4 FOR CONTRACT PLAN CHECKING PROVIDED BY CITY EMPLOYED
5 CONSULTANTS AND PROVIDING NEW METHODS FOR ASSESSING FEES TO
APPLICANTS AND COMPENSATING CONSULTANTS."
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WHEREAS, Resolution No. 2006-149 was adopted on June 5, 2006, 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
10 consultant; and
11 WHEREAS, the City wishes to amend Resolution No. 2006-149 for establishing
12 deposits and creating accounting methods for checking by City employed consultants of Water
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Quality Management Plans (WQMP).
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. Resolution No. 2006-149 is hereby amended to read as follows:
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Outside contract consultant services may be provided through the Director of
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Development Services to perform plan/map check and categorical Water Quality Management
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20 Plan (WQMP) checking services. Said services shall be made available subject to availability of
21 consultants under contract to the City. Plan and WQMP checks shall be performed in a prompt
22 and timely manner, but the City shall not be responsible for any actual time periods for checking
23 or approval.
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2.
When requested in writing by the applicant and upon payment of a surcharge of
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Section 7 in the case of WQMP checking, as established by other resolutions or ordinances of the
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25% of the standard plan check fee, or posting a deposit for expedited checking as indicated in
City, the City may provide expeditious review services. If such expeditious review services are
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1 RESOLUTION ...... AMENDING RESOLUTION NO. 2006-149 ENTITLED IN
2 PART "RESOLUTION...PROVISIONS FOR CONTRACT PLAN CHECKING
PROVIDED BY CITY EMPLOYED CONSULTANTS AND PROVIDING NEW
3 METHODS FOR ASSESSING FEES TO APPLICANTS AND COMPENSATING
CONSULTANTS."
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requested, then the City will offer a turn around time of no more than two weeks from the date
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basis to determine suitability for expeditious review. If the plans, supporting documents and/or
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received by the City. Such requests for expeditious review shall be evaluated on a case by case
the WQMP document are determined, by the Deputy Director of Development Services/City
Engineer to be not suitable for expedited review, then the plans or document shall be promptly
returned to applicant with a written explanation as to why the submittal is unacceptable. In such
12 cases, the full amount of the checking fee plus any surcharge paid by the applicant shall be
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refunded to the applicant.
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3. Consultants shall have the authority to request supporting data, calculations,
16 modifications and revisions related to the plans and/or documents sent to them for checking.
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Upon review of the plans, supporting documents and/or the WQMP document and determination
that the plans or WQMP document are adequate, the consultant shall return the plans and/or
WQMP document to the City accompanied by a letter recommending approval by the Deputy
Director of Development Services/City Engineer or designee. The consultant shall not have
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authority to waive or modify conditions of approval established by the Mayor and Common
Council, Planning Commission, or the Environmenta1/Development Review Committee and
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24 shall employ the Standard Policies & Procedures and Standard Drawings of the City as review
25 criteria in the checking process.
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4.
Fees for Standard turn-around time for Plan and WOMP Checking - Plan and
27 WQMP checking fees for use of outside consultants on the basis of standard turn-around time
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shall be equal to 100% of the standard plan check fees as established by other City resolutions
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RESOLUTION ...... AMENDING RESOLUTION NO. 2006-149 ENTITLED IN
2 PART "RESOLUTION...PROVISIONS FOR CONTRACT PLAN CHECKING
PROVIDED BY CITY EMPLOYED CONSULTANTS AND PROVIDING NEW
3 METHODS FOR ASSESSING FEES TO APPLICANTS AND COMPENSATING
CONSULTANTS."
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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 City estimate of fees shall be paid prior to services
being provided. An amount of I 00% of the standard deposit as indicated in paragraph 7 below
shall be collected in the case of requests for WQMP checks. Prior to City approval of the final
10 plans, all outstanding charges as described herein shall be paid in full.
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5.
Fees for Exoeditious Review - Expeditious checking fees usmg outside
12 consultants shall be equal to 125% of the standard plan check fees as established by other City
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resolutions and ordinances which would be charged as if the plans were checked by in-house
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City staff. A deposit of one hundred and twenty five percent of the total City estimate of fees for
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16 plan checking shall be paid prior to plans being accepted for expeditions plan review. A deposit
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as indicated in paragraph 7 below shall be collected in the case of requests for expedited WQMP
checks. If one component of a submittal is requested to be expedited, then all components must
be expedited.
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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
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information submitted by the applicant is found to be incomplete or erroneous. Prior to City
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24 approval of the final plans or WQMP, all outstanding charges as described herein shall be paid in
25 full.
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RESOLUTION ...... AMENDING RESOLUTION NO. 2006-149 ENTITLED IN
2 PART "RESOLUTION...PROVISIONS FOR CONTRACT PLAN CHECKING
PROVIDED BY CITY EMPLOYED CONSULTANTS AND PROVIDING NEW
3 METHODS FOR ASSESSING FEES TO APPLICANTS AND COMPENSATING
CONSULTANTS."
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7.
Deposit for WOMP checking - If a categorical Water Quality Management Plan
(WQMP) is determined to be required, the applicant shall place a deposit in accordance with the
following table plus 20% of the deposit amount to cover City processing costs:
Acreage
From 0 to and including 10
Over 10 to and including 40
Greater than 40
Deposit Standard
Processing
$2,500.00
$4,320.00
$5,535.00
Deposit, Expedited
Processing
$3,125.00
$5,400.00
$6,918.75
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13 If, due to factors beyond the control of the City or Consultant, the cost of checking exceeds that
14 amount of the deposit, then checking will be stopped until an additional amount, as determined
15 by the Deputy Director/City Engineer or his designee, is delivered to the City. After completion
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of checking, a final accounting of cost will be prepared and any unused portion of the deposit
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will be refunded to the applicant.
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Consultant Compensation for Plan Checking
Outside plan check Consultants
shall be compensated on the basis of 65% of the plan checking fee collected as per Sections 4
21 and 5 above, including any additional fees collected as indicated in Section 6 above. Such
22 compensation shall constitute payment in full for Consultant's services, including the cost of all
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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
27 within 15 days of receipt of the plan check request. If the Deputy Director of
28 Development Services/ City Engineer concurs with the Consultant's calculation, then the fee for
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RESOLUTION ...... AMENDING RESOLUTION NO. 2006-149 ENTITLED IN
2 PART "RESOLUTION...PROVISIONS FOR CONTRACT PLAN CHECKING
PROVIDED BY CITY EMPLOYED CONSULTANTS AND PROVIDING NEW
3 METHODS FOR ASSESSING FEES TO APPLICANTS AND COMPENSATING
CONSULTANTS."
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purposes of compensating the Consultant shall be revised to match the Consultant's calculation.
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8 fee.
Consultants shall not delay the plan check process due to a disagreement over the amount of the
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Consultant Comoensation for WQMP Checking - Outside Consultants assigned to
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10 check WQMP's shall be compensated for the actual cost of the work based on a schedule of rates
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indicated in the attached agreement. Compensation for expedited reviews shall be the actual cost
of the work based on a schedule of rates approved by the City plus 25%. Such compensation
shall constitute payment in full for Consultant's services, including the cost of all labor,
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overhead, and direct expenses, such as scanning, printing, delivery, etc. Said Consultants shall be
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provided, at time of transmittal of each WQMP check, the amount of the deposit collected for the
WQMP check. The Consultants may challenge the calculation of the deposit within 15 days of
receipt of the plan check request. The Consultant shall be responsible for tracking costs
associated with checking the WQMP. The Consultant shall notify the Deputy Director/City
Engineer or his designee if the deposit is expended and work remains to be done. The
Consultant shall stop processing immediately, advise the Deputy Director/City Engineer or his
23 designee of the additional deposit needed to complete the work and await further instructions
24 from the City. If the Consultant exceeds the amount of the original deposit and fails to notify the
25 City as required above, then the amount of the original deposit will be deemed full compensation
26 for the work and no additional compensation will be allowed.
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RESOLUTION ...... AMENDING RESOLUTION NO. 2006-149 ENTITLED IN
2 PART "RESOLUTION...PROVISIONS FOR CONTRACT PLAN CHECKING
PROVIDED BY CITY EMPLOYED CONSULTANTS AND PROVIDING NEW
3 METHODS FOR ASSESSING FEES TO APPLICANTS AND COMPENSATING
CONSULTANTS."
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1 O. Submittal Reauirements - All plans, documents, supporting studies, calculations, fees
and deposits shall be submitted concurrently for a project. Piecemeal submittals will not be
accepted. If plans for a project are sent to City employed consultant for checking, the WQMP
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9 shall also be checked and certified by the same City employed consultant.
10 11. Re1ationshio between City. Consultant and Aoolicant - All submittals requesting
11 plan and WQMP reviews shall be made to the Deputy Director/City Engineer. Unless expedited
12 plan review is specifically requested in writing, the Deputy Director/City Engineer shall
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determine whether the submittal will be checked in-house or sent to a City employed consultant
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for checking. If the submittal is sent to a City employed consultant for checking, the applicant
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16 will be so advised and provided contact information. During the early stages of checking, the
17 consultant will work directly with the applicant to resolve differences. Prior to approval of the
18 final plans and/or WQMP document, a proposed final set shall be submitted to the Deputy
19 Director/City Engineer or his designee who shall review the proposed final set and respond
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within one week with comments or notification to the consultant to certify and submit the final
plans/documents for approval. The Deputy Director/City Engineer shall be the final arbitrator in
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the case of disputes between the consultant and the applicant.
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1 RESOLUTION ...... AMENDING RESOLUTION NO. 2006-149 ENTITLED IN
2 PART "RESOLUTION...PROVISIONS FOR CONTRACT PLAN CHECKING
PROVIDED BY CITY EMPLOYED CONSULTANTS AND PROVIDING NEW
3 METHODS FOR ASSESSING FEES TO APPLICANTS AND COMPENSATING
CONSULTANTS."
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I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
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on the 17th
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Conunon Council of the City of San Bernardino at a j oint r~gular
meeting thereof, held
day of
September
,2007, by the following vote, to wit:
9 Council Members:
10 ESTRADA
11 BAXTER
12 BRINKER
13 DERRY
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AYES
NAYS
ABSTAIN ABSENT
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x
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---1L
KELLEY
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JOHNSON
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MC CAMMACK
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Sd~~CV, /\oMir.
City Clerk Idj - - 0
The foregoing resolution is hereby approved this i.1!!- day of September ,2007.
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Approved as to form:
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26 JAMES F. PENMAN,
City Attorney
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