Loading...
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 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 231 24 25 26 27 28 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