HomeMy WebLinkAbout1981-08-04; City Council; 6207-2; Plan Check/Inspector Consultant Agreement0
CITY OF CARLSBAD
AGENDA BILL NO. ' - A.� — 01 ___ 7` -'10',�
DATE: AUGUST 4 1981
DEPARTMENT: BUILDING
SUBJECT:
Initial:
Dept. Head
City AttyAC_'
City Mgr.
PLAN CHECK/INSPECTOR - APPROVAL OF CONSULTANT AGREEMENT
STATEMENT OF THE MATTER
Resolution No. 6280 adopted August 19, 1980, approved an agreement with
Esgil Corporation for plan checking services.
Esgil Corporation has submitted;"a request to modify this agreement by
increasing the compensation paid for their services by 13 percent per
hour. Current cost $17.61; proposed increase to $19.90. This increase
is for the services of our in house contract plan checker.
Fiscal Impact
Consultant fees will continue to be subsidized through monies collected
for plan checks.
Total funds expended Fiscal Year 1980-1981, $22,822.
Estimated expenditure Fiscal Year 1981-1982, $30,000.
Funds are budgeted in Professional Services Account No. 2450.
Exhibits
1. Letter from Esgil Corporation, March 24, 1981.
2. Letter to Esgil Corporation, March 27, 1981.
3. Contract Agreement.
4. Resolution No. & (0 3 0 approving agreement.
Recommendations
If City Council concurs, adopt Resolution No. 3 O approving
agreement with Esgil Corporation and authorizing and directing the
Mayor to execute said agreement.
APPROVED.
K
ESGIL CORPORATION
931210 CHESAPEAKE DR., SUITE 122
SA\ DISC=O, CA 92123
(714) 500-146A
IYIarch 2U, 1981
Mr. Martin Orenyak
Building Inspection Department
City of Carlsbad
1200 Elm Avenue
Carlsbad, California 92008
Subject: Proposed Amendment to Agreement with Esgil
Corporation for Plan Checking Consulting
Services (Resolution 6280, August 19, 1980)
Dear Mr, Orenyak:
Section 14 of the subject agreement notes the agreement will
expire June 30, 1981 unless the City and Contractor agree to
an extension of time not exceeding twelve months. The Sect-
ion further provides that each party advise the other, in
writing, regarding their intention_ to extend, or not extend,
the contract.
The purpose of this correspondence is to advise the City that
the Contractor is agreeable to extending the contract to June
30, 1982 if the compensation specified in Section 9 is increa,, d
13/ from $17.61 per hour to $19.90 per hour to offset increast.
costs attendant to providing the service.
Your early action on this matter will be appreciated.
Yours very truly,
Esgil Corporation_
7
Richard James Esgat
President
RJE/jms
DEVELOPMENTAL
SERVICES
❑ Assistant City Manager
(714) 43565N
EX Building Department
(714) 438,5525
❑ Engineering Department
(714) 438-5541
❑ Housing & Redevelopment Department
(714) 435ftl I
❑ Planning Department,
(714) 4354 MI
March 27, 1981
OF Cq9
R
p
. I- i A
1200 ELM AVENUE
CARLSBAD, CALIFORNIA 92008
Esgil Corporation
9320 Chesapeake Ave
San Diego, California 92123
Attention: Richard Esgate
Subject: Proposed Amendment to Agreement with Esgil Corporation
for Plan Checking Consulting Services (Resolution 6280,
August 19, 1980)
I have received your letter of March 24, 1981, and I agree to an
extension of time for the subject contract not exceeding twelve months
to June 30, 1982.
The authority to increase the compensation is not miner but I will
present this request to the administration for approval.
MART4 NYA11����
BUILDING OFFICIAL
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RESOLUTION NO. 6630
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 consilting 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 4th day of August 1981,
by the following vote, to wit:
AYES: Council Members Casler, Anear, Lewis and Kulchin
NOES: None
ABSENT: Council Member Packard
R N LLB C P CKARD, MAYOR
MY H. 16ASIER, Vice -Mayor
ATTEST:
ALETHA L. RAUTENKRANZ, City Clerk
(SEAL)
I
M
K
CONTRACT AND STAT -ENT Or
OFC i -,R BUILaING C,
THIS CONTRACT is made by
corporation, herein called Cj and ESGIL CORPORATION', a
California, Corporation, hereinafter called "Con -;-actor"
I T A Y, S
1.nj7EREAS, city desires to e1nPl0Y the "2_v'ce� of . Contractor
to provide an experienced, highly qualified staff person to work
at the city Buildingr Inspection D^partnic"It a minimum of 32 hours
per week
to ir.-,),_-ove public service arid plan
wHERF-AS, the city desires
check w . aiting times by perfonning minoi plan checks and recheck:,
at the Building Department counter usinrr COU-tractOr'.s staff
VIEEREAS, the.city desires to ir,_-Drovo public service ar)(21
Lractor stp.-r* -to asszist the
Department elficiQncies by using con' LA 11 record keepin,
D.J'Lrector in performing special studies and reports,
analysis of work load statistics, preparation of public
h.—douts, and related items.
t1lP high cosy of
s4qjEREAS, the.Ci,Ly desires to avoidhighly qualified staff
arid hiring.. a full-time experienced and
person to
assist the Director.
11HEREAS, -the city wishes to avoid conflict Of interest
by contracting Yrith a corroratio.17 ihat provides serv�ccs
clusi%.ely to government agencies; and
ex WHEREAS, the, City%.wishes to contract for services ,ith an
entity directed by persons experienced and knowledgeable in
buildin; code interpretation and application; and
WIJEREAS, the tyro founding di . rectorsa. O_f the Contractor
coi-I)oration are both professional -..giricersr (civil) and have
Served fifteen and thirteen years in high levcl regulatory
g* bu�41din- iric;pc.clion
management positions in over,11ncl-It related to
and County engineer functions; and t by
VI)IEREAS, -tile Contractor is iyildling -to accept e1-lPlOY11lc)l.
the City for the Contractor'!; scrviccs in ce ;rich t"
contract.
W.
I
K
F in consideration'of the promises and mutual
SOW, THEREFORE, ontained, it is agreed between
covenants and agreements herein c
the parties hereto as follows: .
SECTION 1 . DESIGi.1ATI0 , �' CO:vTR'r="OR -
does hereby anDoin:t ESGIL CORPORATION as Conactor,
tr
City to provide an experienced and highly
in a contractual capacity, to
acceptable to the
Uuil.ding off�.ca.al.,
qualified staff person. ? hours per week in.
assist the Building. official a min ' of 3
cordance with the terms and conditions hereinafter. .set forth.
�SEGTION 2.
COP:FLICT OF :fiv`!'..?_ EST
- __.... or expressly affirms that nntractor
either the Cool wor
The Contract
Of its officers or directors will per
Corporation or any e- than government entities _
or provide services to entitfies oth y
iensure
during the time this .contract is in ° not ravea order donfto lict ofinterest
the City that the Contractor will
rlc covered by this contract.
in discharging the wo^
" �FCTI0 `i DUTIES OF CONTRP�TOR
d and higI
The Contractor shall provide,
an experience
person satisfactory to the Building Offxc-al to
qualified staff p 2 hours per week and
assist the Building Official a minimum of 3- a all sal
worked. Contractor will pay
minimum 8 hours each day ,r employee benefitGr.
r
and wages fothe staff person including. liability insurance.
workmannis compensation insurance and general
v CONTRACTOR STAFF
SECTION �F • l'JORK REQUIRED B_ Q.
will perform administrative tasks
a.. The staff person but no-t limited to, special -
fir
the Director including, letter writing, record
studies, preparation of,rep°rts,
keeping, analysis
of workload statistics and prepal ate on
of public information handouts.
b. perform over the'counter plan checks for
' pools, patios, garages and similar residential
alterations and additions.
(2 )
r-
SECTION DECISION AUTHORITY OF THE CITY BUILDING OFFICIAL
The Contractor staff will perform,all, work under direction of
and to the satisfaction of thz City Building Official and the
City Building Official has final decisionauthority over all* work
performed by the staff person. _
SECTION 6. PERrORMAXCE LIAISON AND CRITIQUE
The City Build ng Official -will meet at least monthly vdth 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 supplies necessary to perform work
assigned by the Building Official.
SECTION 8. PERFORMING WORM ABOVE THE SPECIFIED %1INIl1U1si WORT.
The designated representative of the City for this contract,
with .-the mutual agreement of the Contractor, may assign work above
the minimum wort: described in Section g during periods of high
workload, staff -vacations., staff illness, loss oftrained 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 $1.9.90 per hour'which will: be billed,
monthly based on a minimum of thirty-two hours per week.
'Notwithstanding any language in this agreement to the
contrary, no extra work shall be undertaken or compensation
for extra work paid, without the prior approval of City.
SECTION 10. TIMELINESS OF PAY1 ENTS TO THR CONTRACTOR
The Contractor shall submit on the first work day of each
month an invoice for the prior month. City --hall mail
(3)
W
payment of approved invoiced charges prior to the tenth work day
of the month the invoice was submitted.
SECTION 11. HOLD HARMLESS AGREEMENT
The CITY, its agents, officers, and employees shall notle
liable for any claims, liabilities, penalties, fines, or any`
damage to•goods, properties, or effects of any person whatever,
nor for personal injury or death of any person arising out of
or resulting directly or indirectly frdm any act, error or
omission of CONTRACTOR or CONTRACTOR'S agents, employees or
representatives.
ESGIL CORPORATION, its agents, officers, and employees shall
not be liable for any claims, liabilities, penalties, fines or
any damage to goods, properties, or effects o1 any person whatever,
nor for personal injury or death of any person arising out of or resulting directly or indirectly from 'any act, error or omission.
of CITY or CITY'S agents, employees or represeAt-atives.
SECTION 12. INSURANCE
CONTRACTOR shall obtain and maintain a policy of liability
insurance from an insurance company authorized to be in business
in the State of California, in an insurable amount not less; than
one million dollars ($i,On, 000). This insurance, shall be in farce
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 13 EX-TRA WORK
CONTRACTOR, in performing his services, shall notxdo extra
work in excess of this agreement without the written permission
of the CITY or its designated representative.
SECTION 14. DURATION OF CONTRACT
`.i'he duration. of this contract commences 'thirty clays after
the City approval of this contract and extends through. June .30,t 1981.
Tfie contract may be extended.for twelve months at a time if
of
the Contractor is ;`',,cessfully discharging th 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 mutual benefit of the City and the Uontractor -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. FREEDOM FROM LIABILITY
The Contractor staff person when performing duties as a
representative of the Building Official shall have the freedom
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 WHEREOF, the parties hereto have, executed this
agreement on the %0 day off 1981.
CITY OF CARLSBAD, a municipal
! corporation of the State of Californ.
,ATTEST....
``SSA .• ;ti.}•..!/;
A.LEThA %L' RA.UTENKRA.NZ
Gity Clerk
APPROVED AS TO FORM
VINCENT F BIONDO, JR
City 0 ey
By
Da el Mn chke, A sta.nt
By d
RONALD C� PACKARD , Mayor
MARY H. LER, Vice --Mayor
ESGIL CORPORATION, a California
Corporation
Xzl'
OntraG'to