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Home My WebLink About1980-08-19; City Council; 6339; Plan Check/Inspector Consultant Agreementr— CITY OF CARLSBAD initial 00 AGENDA'BILL NO. 3 3 2 Dept -Ha. August 19, 1980 C. Atty. DATE: C. Mgr. DEPARTMENT: Bui 1 di ng Subject: PLAN CHECK/INSPECTOR - APPROVAL OF CONSULTANT AGREEMENT Statement of the Matter class for construction plan checking. .Current hourly salary The present Building depvelment organization includes the position of Plan Check/Inspector which is a journeyman le for this position is $15.86 including fringe benefits. the services We would like to defer filngheck/inspector. aThethe reasonspresent fortime, thisaareeasloy follows: of an in-house contract plan r an experienced plan check/ 1. Rapid construction activity dictates the immediate need fo inspector. 2. �We can terminate the agreement when .projected exceeduprojectedtY'evenuesters a down cycle; consequently, our expenditures would n The Building department has requested aua�oRoPdlfrum residentGIL al planochecker withu uproven ad - Engineers, to provide the city with q expertise ministrative abilities flrTheypcansppersonnel an experienced nplan rcheck/.nspectorifor the building inspection field $17.61 per hour. The use o an experienced d consultant will considerably reduce the ex- isting turn around time in P The proposed contract has a ninety (90) day mutual termination clause should the city Account City decide to make other arrangfeenof$23,062these fromservices. BuildinglRegularrecommended ies,that the NO - Council authorize the trans 01-118-1110 to Professional Services, Account No. 01-118-2450. • Fiscal Impact irely subsidized by fees generated in the Residential None. Consultant fees will be ent plan check process. The amount of $23,062 is budgeted in the Building Department Salary Account. This money would be used for consultant fees. Exhibit 1. Letter from ESGIL Corporation. approving agreement. 2. Resolution No. r transfer funds. 3. Resolution No. Jo 2 �' Recommendations �� _ approving agreement with If City Council concurs, adopt Resolution No. �`C7 authorizing transfer of ESGIL Corporation, and adopt Resolution No. funds and authorizing directing the Mayor to execute said agreement. L AGENDA BILL NO. 6339 Page 2 Council Action: 8-19-80 Council adopted Resolution 6280, approving the agreement with ESGIL Corp. and adopted Resolution 6281, transfering funds. Kw ESGIL CORPORATION 9320 CHESAPEAKE Did.. SIC'ITE 122 SAN DIEGO, CA 92123 (714) 500-1409 June 26, 1980 Mr. Martin Orenyak Building Official City of Carlsbad 1200 Elm Avenue Carlsbad, California 92008 Subject:Providing an Esgil Corporation staff person in the Building Inspection office Dear Mr. Orenyak: This proposal is in response to your verbal request for Esgil Corporation to offer a proposal to provide an experienced and highly qualified staff person to work in the Carlsbad Building Inspection Department office. This proposal is based on your using Esgil Corporation, under the present contract, to perform plan check work for all commercial, industrial and multiple residential structures. Based on the described plan check wDrk we have excluded any profit markup on the proposed hourly rate for furnishing the staff person. We are also underwriting twenty percent of the annual cost of the staff person. We are pleased to present this proposal in accordance with the following conditions: 1. Staff person responsibilities The staff person will perform administrative tasks for the Director including, but not limited to, special studies, preparation of reports, letter writing, record keeping, analysis of workload statistics and preparation of public information handouts. The staff person will perform counter plan checks for pools, patios, garages and similar residential alterations and additions. 2. Duration of staff person services The staff person will work for the corporation, assigned to the City of Carlsbad, for not less than four eight hour work days for the entire fiscal year 1980-1981. The thirty-two hour minimum work week may be increased, but not decreased, if both parties agree in writing to such extension. 3. Insurance and related Esgil Corporation will pay all salary and wages for the staff person including employee benefits, workman's compensation insurance and general liability insurance. 4. Compensation to Esgil Corporation The compensation to Esgil Corporation for providing the staff person will be $17.61 per hour which will be billed monthly based on a minimum of thirty-two hours per week. If you agree to this proposal we will be pleased to prepare a contract for your consideration. Yours very truly, Richard J�ines Es to President, Esgil Corporation K RESOLUTION NO. 6280 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT BETWEEN THE CITY OF CARLSBAD AND ESGIL, CORPORATION FOR PLAN CHECKING CONSULTING SERVICES. The City Council of the City of Carlsbad, California, does hereby resolve as follows: 1. The certain agreement between the.City of Carlsbad and ESGIL, . CORPORATION for plan checking consulting services, a copy of which is - attached hereto marked Exhibit A and made a part hereof, is hereby (approved. 2. The Mayor of the City of Carlsbad is hereby authorized and directed to execute said agreement for and on behalf of the.City of Carlsbad. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad held the 19th day of Est 1980,- by the following vote, to wit: AYES: Colmcil Members Packard, Casler, Anear, Lewis and Kulchin NOES: None ABSENT: None''? % RONALD C. PACKARD, MAYOR ALETHA L. RAUTENKRANZ, City.Clerk -I— K EXHIQIT A TO CITY COUNCIL RESOLUTION CONTRACT AND STATEMENT OF ti0. 6280 WORK. FOR BUILDING PLAN CHECK SERVICES ^1HIS CONTRACT is made by City of Carlsbad a Municipal corporation, herein called City and ESGIL CORPORATION, a California Corporation, hereinafter called "Contractor". R E C ITAL.S WHEREAS, City desires to employ the services of Contractor to provide an experienced, highly qualified staff person to work at the City Building Inspection Department a minimum of 32 hours per week. F 'WHEREAS, the City desires to improve public sex -vice and plan check waiting times by performing minor plan checks and rechecks at the Building Department counter using Contractor'•s staff. WHEREAS, the City desires to improve public service and Department efficiencies by using; contractor staff to assist the Director in performing special studies and reports, record keeping,, analysis of work load statistics, preparation of public information handouts, and related items . WHEREAS, the City desires -to avoid the high cost of recruiting and hiring. a full-time experienced and highly qualified staff person to assist the Director. WHEREAS, the City wishes to avoid conflict of interest problems by contracting with a corporation that provides services exclusively to government agencies; and WHEREAS, the City wishes to contract for services with an entity directed by persons experienced and knowledgeable in building code interpretation and application;.and WHEREAS, the 'two founding directors of the .Contractor, Corporation are both Professional Engineers (Civil) and have served fifteen and thirteen years in high level regulatory management positions in government related to building inspection and County engineer functions; and WHEREAS, the Contractor is willing to accept employment by the City for the Contractor's services in accordance with this contract. (1) K Al NOW, THEREFORE, in consideration of the promises and mutual covenants and agreements herein contained,, it is agreed between the parties hereto as follows: SECTION 1. DESIGNATION OF CONTRACTOR City.does.hereby appoint ESGIL'CORPORATION as Contractor, in a contractual capacity, to provide an experienced and highly qualified staff person, acceptable to the building official, to assist the Building. Official a minimum of 32 hours per week in accordance with the terms and conditions hereinafter set forth.. SECTION 2. CONFLICT OF INTEREST The Contractor expressly affirms that neither the Contractor Corporation or -any of its officers or directors will perform work or provide services to entities other than government entities during the time this contract is in force in order to ensure the City that the Contractor will not have a conflict of interest in discharging the work covered by -this.contract. SECTION i. DUTIES OF CONTRACTOR The Contractor shall provide, an experienced and highly qualified staff person satisfactory to the Building Off'cial to assist the Building Official a minimum of 32 hours per week and minimum 8 hours each day worked. Contractor will pay all salary and wages for the staff person including employee benefits, workman's compensation insurance and general liability insurance. SECTION 4. WORK REQUIRED BY CONTRACTOR STAFF .a.- The staff person will perform administrative tasks for the Director including, but not limited to, special studies, preparation of reports, letter writing, record keeping, analysis of workload statistics and preparation of public information handouts. ' b. Perform over -the counter plan checks for pools, patios, garages and similar residential alterations and additions. K SECTION 5. DECISION ^UTHORITY OF THE CITY BUILDING OFFICIAL The Contractor staff will perform all.work under direction of and to the satisfaction of the City Building Official and the City Building Official has final decision authority over all work performed by the staff person. SECTION 6. PERFORMANCE LIAISON AND CRITIQUE The City Building Official will meet at least monthly with the Contractor to establish work hour schedules for the staff person. Any scheduled work hour changes shall be agreed to in advance. by both the Contractor and the Building Official. Any change'in staff person shall be agreed to in advance by both the Contractor and the Building Official. SECTION 7. DUTIES OF CITY -The City shall provide work space for the contractor staff person and all materials and suppl-es necessary to perform work j assigned by the Building Official. 4 SECTION 8. PERFORMING WORK ABOVE THE SPECIFIED 1,41INIkIlAi WORK The designated representative of the City for this contract, with the mutual agreement of the Contractor, may assign work above. the minimum work described in Section 9 during periods of high workload, staff vacations, staff illness, loss of trained staff or unforeseen events adversely impacting service delivery. SECTION 9. COMPENSATION TO THE CONTRACTOR The compensation to Esgil Corporation for providing the staff person will be $17.61 per hour which will be billed monthly based on a minimum of thirty-two hours per week. Notwithstanding any language in this agreement to the contrary, no extra work shall be undertaken or compensation for extra work paid, without the prior approval of City. SECTION 10. TIMELINESS OF PAUENTS TO THE CONTRACTOR The Contractor shall submit on the first work day of each month un invoice for the prior month. City shall mail (3) Jr payment of approved invoiced charges prior to the tenth work day of the month the invoice was submitted. SECTION 11. HOLD HARMILESS AGREEMENT The CITY, its agents, officers, and employees shall not be liable for any claims, liabilities, penalties, fines, or any damage to goods, properties, or effects of any person whatever, nor for personal injury or death of any person arising out of or resulting directly or indirectly from any act, error or, omission of CONTRACTOR or CONTRACTOR'S agents, employees or representatives. ESGIL CORPORATION, its agents, officers, and employees shall not be liable for any claims, liabilities, penalties, fines or any damage to goods, properties, or effects of any person whatever, nor for personal injury or death of any person arising out of or resulting directly or indirectly from any act, error or omission of CITY or CITY'S agents, employees or representatives. SECTION 12. INSURANCE CONTRACTOR shall obtain and maintain a policy of liability insurance from an insurance company authorized to be in business in the State of California, in an insurable amount not lc -Gs than one million dollars ($1,000,000). This insurance shall be in force during 'the life of this agreement and shall not be cancelled without ten (10) days prior notice to CITY. The CITY shall be named as an additionally insured on this policy. CONTRACTOR shall furnish a certificate of said insurance -to the CITY. SECTION 19 • EXTRA WORK CONTRACTOR, in performing his services, shall not do extra work in excess of this agreement without the•N=rritten permission of the CITY or its designated representative. SECTION 14. DURATION OF CONTRACT The duration of this contract commences thirty days after the City approval of -this contract and extends through June.30, 1981- The contract may be extended for twelve months at a time if (4) the Contractor is successfully discharging the duties of this contract and if the designated representative of the City for this contract and the Contractor agree in writing that it would be to the matual benefit of the City and the Contractor to have the contract extended. .Each party to the contract shall express in writing their intention to extend or not extend the contract ninety days prior to the date of expiration of the contract or the date of expiration to previously agreed extensions of the contract. SECTION 15. FREEDOt+i FRUM LIABILITY The Contractor staff person when performing duties as a representative of the Building Official shall have•the free- dom from liability contained in Sections 201, 202 and 203 of the 1979 Edition of the Uniform Building Code and in Section 800 and'following of the California Government Code. IN WITNESS 11IIEREOF, the parties hereto have executed this agreement cn the day of 198Q,. ATTEST: 0��lkh City Clerk OVED fin„ za_,it / DA :Cl i, S. HIENTSCHKE, }Assistant City Attorney (5) CITY OF CARLSBAD, a municipal corporation of the State off California By Mayor ESGIL Corporation, a California Corporation By Contractor K L 1 2 5 6 7 8 01 10 11 12 13 14 15 16 17 18 19 20 21 22 23 RESOLUTION NO. 6281 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING THE TRANSFER OF FUNDS FOR PLAN CHECKING SERVICES. BE IT RESOLVED by the City Council of the City of Carlsbad as follows: 1. That the transfer of Twenty-three thousand, sixty-two dollars ($23,062) for Plan Checking services be made from the Salary fund to the Building Department Professional Services Account is hereby authorized and approved. 2. That Department of Finance Fund Transfer No. 5 on file in said department and incorporated by reference here is approved. PASSED, APPROVED AND ADOPTED by the City Council of the City of Carlsbad at a regular meeting held on the 19th day of August 1980, by the following vote, to wit: AYES: Council Members Packard, Caster, Anear, Lewis and Kulchin NOES: None ABSENT: None %+ f� C ' :20NALD C. PACKARD, Mayor ATTEST: CALZ Pxji� ALETHA L. RAUTENKRANZ, CITY CLERK 24 (SEAL) 25 26 27 28