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HomeMy WebLinkAbout1983-04-12; City Council; Resolution 7186EXHIBIT "A" AGREEMENT FOR EhTGINEERING PLAN CHECK SERVICES THIS AGREEMENT, made and entered into as of the 24th day of March . , 19.83 - , by and between the CITY OF CARLSBAD, a municipal corporation, hereinafter referred to as "City," and WILLDAN ASSOCIATES, a California Corporation, hereinafter referred to as "Consultant .'I RECITALS City requires the services of an engineering consultant to provide'the necessary engineering services for plan check of subdivision improvement plans and other services that may be required; and Consultant possesses the necessary skills and qualifications to provide the services required by City; NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Consultant agree as follows : (1) CONSULTANT'S OBLIGATIONS In checking of improvement plans, Consultant shall perform the following work for each project: a. b. Examine plans, tour the site in the field, and become familiar with general concepts as proposed by the project applicant for access, drainaqe, sewer and water facilities to the site. Determine if the plans are in conformance with applicable conditions of approval and the approved tentative map. Page 2 c. Check hydrology and hydraulic calculations and the design of the storm drain system. d. Determine any diversions, concentrations or increases in drainage flow and any potential for damage to offsite property resulting from such drainage. e. Determine requirements for off-site easements and whether they have been obtained. f. Determine any encroachments on adjacent property. g. Check adequacy and availability of sewer service and water . pipe sizing. h. Check stopping sight distance, horizontal radius and vertical curves on streets. i. Determine that the plans as submitted, are in conformance with the Carlsbad Municipal Code, the City of Carlsbad Standards and other applicable standards used by the City. j. Determine that the improvement plans are in conformance with the approved grading plan and final map which are to be checked by the City and a copy furnished with the improvement plans. k. Deternine the accuracy of the quantity calculations and the list of quantities. 1. Pick up and deliver plans to and from the City office on a schedule acceptable to the City Engineer. m. Provide the City with written certification that the plans are complete and accurate and are in conformance with applicable City Codes, Standards, and written policies, that then consistant with any grading plans, final map, and any other adjacent improvement documents furnished by the City. 4 5 Page 3 CITY'S OBLIGATIONS a. Upon initial receipt of a request for plan check, the City shall perform a preliminary review of the plans to insure that complete plans are submitted before forwarding them to the consultant. h. City shall provide the consultant with the following documents: 1. A copy of "Title 20: Subdivisions" of the Carlsbad Municipal Code. . 2. A copy of "Carlsbad Standards". 3. A copy of any other written policies, standards, or criteria adopted or used by City. c. In addition to prints of the plans to be checked, the City will furnish to the Consultant the following: 1. A print of the grading plan and proposed final map of the project. 2. A print of any adjacent improvements. 3. A copy of the tentative map and tentative map conditions. d. Nothing in this agreement shall be construed to obligate City to provide any work to the Consultant. City reserves the right, at its sole discretion, to send plans for checking for checking to Consultant, to perform plan checks with its own forces, or to send plans for checking to another consulting firm. Page 4 (3) PROGRESS AND COMPLETION a. The consultant shall pick up plans for checking within two working days from the date of notification by the City to do -- . so . b. From the time of pick-up of plans from the City to delivery back to the City, the consultant shall complete each check within the time specified below: 1. First check 10 working days 2. Second check 5 working days 3. Third check 5 working days (4) FEES TO BE PAID TO CONSULTANT a. The fee to be paid to the consultant shall be based on a fixed percentaqe of the estimate of the cost of the improvements. The estimate shall be based on the latest edition of "Unit Prices for Checking Subdivisions and . Permits" used by the City of San Diego unless the applicant knows that a specific unit price should be higher, in which casethe higher price shall be used. The City Engineer may direct the applicant to use a different price or pricing schedule should he determine the schedule used was inappropriate. b. The schedule of fees to be paid to the Consultant for improvement plan checking is as follows: Estimated Cost of. Improvements $20,000 to $50,000 $50,000 to $100,000 $100,000 to $250,000 $250,000 to $500,000 $500,000 to $1,000,000 . Over $l,OOQ,O@O $0 to $20,000 Consultant Fee 2.25% ( $150 minimum) 1.88% ($450 minimum) 1.50% ($940 minimum) 1.31% ($1,500 minimurn) 1.13% ($3,275 minimum) 0.94% ($5,650 minimurn) 0.75% ($9,400 minimum) 7 Page 5 (5) PAYMENT OF FEES On the first working day of each month Consultant shall submit Payment it's invoice for the work 2erformed during the prior month. of approved items on the invoice shall be mailed to the Consultant prior to the 25th day of the month the invoice was submitted. The Consultant shall be paid 90% of the plan check fee upon completion of the first plan check for each set of plans. shall be paid to the Consultant upon completion of the plan checking and submittal to the City of written certification that the plans are complete on provided in paragraph (1) m. (6) COVENANT AGAIWST CONTINGENT FEES The balance Consultant warrants that it has not employed or retained any company or person, other than a bona fide employee working for the Consultant, to solicit or secure this agreement, and that Consultant has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making this aqreement. For breach or violation of this warranty, City shall have the right to annul this agreement without liability, or, in its discretion, to deduct from the agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. 0 Page 6 (7 ) TERMIXATIOM OF CONTRACT In the event of the Consultant's failure to prosecute, deliver, or perform the work as provided for in this contract, the City may terminate this contract for nonperformance by notifying the Consultant by certified mail of the termination of the contract. The Consultant, thereupon, has five working days to deliver said documents owned by the City and all work in progress to the City Engineer. The City Engineer shall make a determination of fact based upon the documents delivered to City of the percentage of work which the Consultant has performed which is usable and of worth to the City in having the contract completed. Based upon that finding as reported to the City Council, the Council shall determine the final payment of the contract. (8) DISPUTES If a dispute should arise regardinq the performance of work under this agreement, the following procedure shall be used to resolve any question of fact or interpretation not otherwise settled by agreement between parties. Such questions, if they become identified as a part of a dispute among personsaoperating under the provisions of this contract, shall be reduced to writing by the principal of the Consultant or the City Engineer. A copy of such documented dispute shall be forwarded to both parties involved along with recommended methods of resolution which would be of benefit to both parties. The City Engineer or principal receiving the letter shall reply to the letter along with a recommended method of resolution within ten days. Page 7 If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the dispute shall be forwarded to the City Council for their resolution throuqh the office of the City Manager. The City Council may then opt to consider the directed solution to the problem. In such cases, the action of the City Council shall be binding upon the parties involved, although nothing in this procedure shall prohibit the parties seekinq remedies available to them at law. (9) RESPONSIBILITY OF THE CONSULTANT The Consultant is hired to render professional services to perform.plan checks and any payments made to Consultant are compensation solely for such services. Consultant shall provide certifications as required herein properly siqned and with Registered Civil Engineer's number. (10) SUSPENSION OR TERMINATION OF SERVICES This agreement may be terminated by either party upon tendering 30 days written notice to the other party. In the event of such suspension or termination, upon request of the City, the Consultant shall assemble the work product and put same in order for proper filing and closing and deliver said product to City. termination, the Consultant shall be paid for work performed to the termination date. The City shall make the final determination as to In the event of the portions of tasks completed and the compensation to be made. (11) STATUS OF THE CONSULTANT The Consultant shall perform the services provided for herein in 'a manner of Consultant's own choice, as an independent contractor and in pursuit of Consultant's independent calling, and not as an employee of the City. /a Page 8 Consultant shall be under control of the City only as to the result to be accomplished and the personnel assigned to the project. However, Consultant shall confer with the City as provided for in this agreement. (1 2) CONEORMITY TO LEGAL REQUIREMENTS The Consultant shall cause all drawings and specifications to conform to all applicable requirements of law: Federal, State, and local. (13) OWNERSHIP OF DOCUMENTS All plans, studies, sketches, drawings, reports and specifications as herein used and required are the property of the City, whether the work for which they are made be executed or not. In the event this contract is terminated, all documents, plans, specifications, drawings, reports and studies shall be delivered forthwith to the City. (14) HOLD HARMLESS AGfiEEMENT 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 injuries or death caused by, or resulting from, or- claimed to have been caused by, or resultinq from, any act or omission of Consultant or Consultant's agents, employees or representatives done pursuant to or in furtherance of Consultants duties under this agreement. Consultant agrees to defend, indemnify and save free and harmless the City and its authorized agents, officers, and employees against any of the foregoing 1iabiliti.es or claims of any kind and any cost and expense Page 9 that is incurred by the City on account of any of the foregoing liabilities, including liabilities or claims by reason of alleged defects in any plans and specifications, unless the liability or claim is due, or arises out of, solely to the City's active negligence. (1 5) ASSIGNMENT OF CONTRACT The Consultant shall not assign this contract or any part thereof or any monies due thereunder without the prior written consent of the City. ( 16 ) SUBCONTRACTING If the Consultant shall subcontract any of the work to be performed under this contract by the Consultant, Consultant shall be fully responsible to the City for the acts and omissions of Consultant's subcontractor and of the persons either directly or indirectly employe3 by the subcontractor, as Consultant is for the acts and omissions of persons directly employed by Consultant. Nothing contained in this contract shall create any contractual relationship between any subcontractor of Consultant and the City. The Consultant shall bind every subcontractor and every subcontractor . of a subcontractor by the terms of this contract applicable to Consultant's work unless specifically noted to the contrary in the subcontract in question approved in writing by the City. ( 17 ) PROHIBITED INTEREST No official of the City who is authorized in such capacity on behalf of the City to negotiate, make, accept, or approve, or take part in negotiating, making, accepting, or approving of any Ja Page 10 architectural, engineering inspection, construction or material supply contractor, or any subcontractor in connection with the construction of the project, shall become directly or indirectly interested personally in this contract or in any part thereof. No officer, employee, architect, attorney, engineer, or inspector of or for the City who is authorized in such capacity and on behalf of the City to exercise any executive, supervisory, or other similar functions in connection with the performance of this contract shall become directly or indirectly interested personally in this contract or any part thereof. ( 18) VERBAL AGREEMENT OR CONVERSATION No verbal agreement or conversation with any officer, agent, or employee of the City, either before, during, or after the execution of this contract, shall affect or modify any of the terms or obligations herein contained nor such verbal agreement or conversation entitle the Consultant to any additional payment whatsoever under the terms of this contract e (19) SUCCESSORS OR ASSIGNS Subject to the provisions of paragraph (14), Hold Harmless Agreement, all terms, conditions, and provisions hereof shall insure to and shall bind each of the parties hereto, and each of their respective heirs, executors, administrators, successors and assigns. (20) EFFECTIVE DATE This agreement shall be effective on and from the day and year first above written. 13 Page 11 (21) CONFLICT OF INTEREST The Consultant shall file a conflict of interest statement with the City Clerk of the City of Carlsbad. The Consultant shall report investments or interests in real property located within the City of Carlsbad. The Consultant check services on any plans prepared by his firm or any plans for applicants which are also clients of the Consultant where there is any possibility of a conflict of interest. The Consultant shall immediately notify the City Engineer of any circumstances which may lead to a conflict of interest. (22 ) INSURANCE expressly affirms that he will perform no plan The Consultant shall obtain and maintain a policy of liability insurance from an insurance company authorized to be in business in the State of Cal-ifornia, in an insurable amount not less 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. The Consultant shall furnish a certificate of said insurance to City upon request. (23) EXTRA WORK - The ‘Consultant, in performing his services, shall not do extra work in excess of this agreement without the written permission of the City or its designated representative. Page 12 (24) WORKING DAY DEFINITION For the purpose of measuring plan check performance, the working days specified in Section 4 starts on the work day after the Consultant is notified the plans are ready for pickup, and includes the day plans are delivered back to the City by the Consultant. Work days do not include Saturdays, Sundays, or City holidays. IN WITNESS WHEREOF, we have here unto set our hands and seals. CITY OF CARLSBAD WILDAN ASSOCIATES ATTEST: APPROVED AS TO FORM: /1 City Clerk I