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HomeMy WebLinkAbout1984-04-17; City Council; Resolution 75731 2 3 4 5 E 7 E s IC 11 1; 1: 14 15 1E 17 1€ 1C 2c 21 2; 2; 21 2: 2t 2: 2E 0 DEW "TION NO. 7573 0 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A REVISED AGREEMENT BETWEEN THE CITY OF CARLSBAD AND WILLDAN ASSOCIATES FOR ENGINEERING SERVICES, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT. The City Council of the City of Carlsbad, California, does hereby resolve 3s follows: 1. That the certain revised agreement between the City of Carlsbad and dilldan Associates for engineering plan check services, a copy of which is attached hereto and made a part hereof, is hereby approved. 2. That 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, California, held on the17th day of 1984, by the following vote, to wit: Y AYES: Council Members Casler, Kulchin, Lewis and Presmtt ATTEST: llbz7LL t.pQ- ALETHA L. RAUTENKRANZ, City Clerk ) (SEAL) 3 AGREEMENT FOR ENGINEERING PLAN CHECK SERVICES THIS AGREEMENT, made and entered into as of the /gf4 day of CARLSBAD, a municipal corporation, hereinafter referred to as IICity," and WILLDAN ASSOCIATES, a California Corporation, , 198q, by and between the CITY OF u 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, grading plans, and final maps; for inspection of subdivision improvements, 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 a Consultant agree as follows: 1. CONSULTANT'S OBLIGATIONS A. In checking of improvement plans, Consultant shall perform the following work for each project: 1. Examine plans, tour the site in the field, and become familiar with general concepts as proposed by the project applicant for access, drainage, sewer, and water facilities to the site. .. -2- 2. Determine if the plans are in conformance with applicable conditions of approval and the approved tentative map. 3. Check hydrology and hydraulic calculations, and the design of the storm drain system. 4. Determine any diversions, concentrations or increases in drainage flow, and any potential for damage to off-site property resulting from such drainage. > 5. Determine requirements for off-site easements and whether they have been obtained. 6. Determine any encroachments on adjacent property. 7. Check adequacy and availability of sewer and water service and the respective pipe sizing. 8. Check stopping sight distance, horizontal radius, and vertical curves on streets. 9. 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. 10. Determine that the improvement plans are in conformance with the approved grading plan and final map, if applicable to the project. A copy of the grading plan and final map will be furnished with the improvement plans. The City may elect to check the grading plan and final map or include these plan checks within the Consultant's responsibilities. 11. Determine the accuracy of the quantity calculations and the list of quantities. " and deliver plans to rom the City .. office on a schedule acceptable to the City Engineer. 13. Provide the City with a completed checklist and written certification that the plans are complete and accurate, and are in conformance with applicable City Codes, Standards, and written policies, that they are consistant with any grading plans, final map, and any other adjacent improvement documents furnished by the City. B. In checking of grading plans, Consultant shall perform the following: 1. Examine plans, tour the site in the field, become familiar with the general concept as proposed by the project applicant. 2. Determine if the plans are in conformance with applicable conditions of approval and the approved tentative map. 3. Determine if the general format for the plan is in conformance with City of Carlsbad requirements. 4. Compare the grading plan with the recommendations in the soils report provided and check that the specifications and details in the soils report are included in the plans. Make recommendation on necessity for additional soils review. 5. Compare the grading plan with the grading shown on the tentative map. 6. Compare the grading plan with the improvement plans for the project. 7 -4- 7. Compare the grading plan with the approved environmental information. 8. Check for the following technical items: a. Set back from property line. b. Identification of property and easement lines. c. Amounts noted for excavation, fill, and import or export (cubic yards). d. Cut slope and fill slope ratios. e. Existing contours. f. Final grades shown by contours or spot elevations. g. Location of cut and placement of fill (daylight and limit lines shown on the plan). h. Typical lot drainage. i. Typical berm or swale at the top of the fill. j. Typical brow ditch. k. Terrace drains. 1. Percent of grade of streets and driveways, length of vertical curves. m. Horizontal and vertical site distance; cross check this with improvement plans. 9. Check hydrology and hydraulic calculations, and the design of the drainage system. 10. Determine any diversions, concentrations or increases in drainage flow, and any potential for damage to off-site property resulting from such drainage. Check for adequate capacity of brow ditches and down drains. 11. Check for non-erosive velocities at point of discharge or adequate energy dissipation. -5- 12. Review erosion control measures and check for conformance with applicable codes and the City's Model Eros:on Control Ordinance attached to the Carlsbad Master Drai n age Study. 13. Provide the City with a completed checklist and a written certification that the plans are complete and technically correct, and are in conformance with applicable City Codes, Standards, and written policies, that they are consistant with any improvement plans, final map, and other adjacent improvement documents furnished by the City. C. In checking of final maps, Consultant shall perform the following: 1. Determine that the map is in conformance with applicable conditions of approval and the approved tentative map. 2. Check that the format is in compliance with the City of Car 1 s bad requi rement s . 3. Check Title Report and Subdivision Guarantee, and verify that all easements are noted on the map, the legal description conforms with the map, and all parties required to sign the map have done so. 4. Check traverse closure for lots, blocks, and boundaries and easements for acceptable closure. 5. Check all easements to which the lots are subject, including use and reference if already of record. 6. Check legal descriptions and plats for any off-site easements; check ownership against title reports, and prepare deed in conformance with City format. -6- 7. Determine that the title sheet and/or Procedure - of Survey sheet includes basis of bearings, number of lots, acreage of the subdivision, soils report note, and monumentation notes. - 8. Determine that the following certificates and acknowledgements appear on the title sheet: a. Owners' Certificate signed and acknowledged by all parties having record title interest, including dedications and offers of dedications. b. Engineer's or Surveyor's Certificate. c. City Engineer's Certificate of Approval. d. City Clerk's Certificate of Approval by City Council and Acceptance of Offer of Dedication. e. Such other affidavits, certificates, acknow- ledgements, endorsements, and notarial seals as required. 9. Determine that map is in conformance with provisions of Surveyor's Act and the Subdivision Map Act. 10. Provide the City with a completed checklist and a written certification that the map is complete and technically correct and is in conformance with applicable City Codes, Standards, and written policies; that it is consistent with any improvement plans, grading plans, and any other adjacent improvement documents furnished by the City. D. In inspecting of public improvements, Consultant shall perform the following: -7- 1. Meet with City Engineer's representative and determine project background as well as potential problem area or uni que character i st i cs . 2. Meet with Engineer of Work and Contractor prior to commencement of construction. Ensure that Contractor has received all appropriate approvals from the City, other public agencies, and affected private property owners. 3. Provide inspection to assure public improvements are being installed in accordance with approved plans. 4. Assure that proper certifications related to grades and soil compaction and other requirements of applicable City Codes and Standards are obtained from Owner's Civil Engineer and Soil Engineer. 5. Notify proper authorities when violations are observed. 6. Provide daily inspection logs in conformance with the requiremments of the City Engineer. 7. Maintain Inspector's File on each project and make sure all certification, notes, and correspondence are entered into the file. 8. Keep up a set of Inspector's plans with all revisions and field changes noted in red. 9. Verify the "as built" plans, including a cross check with the Inspector's red line plans. 10. Respond to all requests from surety companies relating to status of construction bonds. -8- 2. 11. Respond to Citizen complaints relating to the construction improvements in accordance with City procedures. 12. Review requested field changes and prepare recommendation for City Engineer's review and determination. 13. Provide coordination with utility and other agencies involved in the construction. 14. Coordinate the final inspection, including setting-iJp the final-walk throughs, development of punch lists, and securing of agency and departmental sign-offs. 15. Prepare necessary Agenda Bill for Council acceptance of the public improvements in a format acceptable to the City Engineer. 16. Provide written certification that project has been completed in accordance with plans and specifications suitable for acceptance by City. CITY 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. B. City shall provide the Consultant with the following documents: 1. A copy of "Title 20: Subdivisions" and "Title 11.06: Excavation and Grading" of the Carlsbad Municipal Code. -9- 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, if applicable. 2. A print of any adjacent improvements. 3. A copy of the tentative map and tentative map conditions or any other discretionary approval applicable. 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. 3. PROGRESS AND COMPLETION A. The Consultant shall pick-up plans for checking within two (2) 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 2) Second Check 3) Third Check 10 working days 5 working days 5 working days 13 - 10 - 0 4. FEES TO BE PAID TO CONSULTANT A. For Improvement Plan Checks: - 1) The fee to be paid to the Consultant shall be based on a fixed percentage 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 case the 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. 2) The schedule of fees to be paid to the Consultant for improvement plan checking is as follows: Estimated Cost of Improvements Consultant Fee $0 to $20,000 2.10% ($140 minimum) $20,000 to $50,000 1.75% ($420 minimum) $50,000 to $100,000 1.40% ($875 minimum) $100,000 to $250,000 1.23% ($1,400 minimum) $250,000 to $500,000 1.05% ($3,060 minimum) $500,000 to $1,000,000 0.88% ($5,250 minimum) Over $1,000,000 0.70% ($8,750 minimum) B. For Grading Plan Checks: 1) The fee to be paid the Consultant shall be based on the total cubic yards proposed to be graded in accordance with the schedule provided below. The minimum fee paid the Consultant shall be set at $150. - 11 - 5. Grading Amount Consultant Fee 0 - 99,999 Cubic Yards $4.50 per 1000 Cubic Yards or fraction thereof ($150 minimum) Yards or fraction thereof ($450 minimum) Yards or fraction thereof ($3,000 minimum) 100,000 - 1,000,000 Cubic Yards $3.00 per 1000 Cubic Over 1,000,000 Cubic Yards $2.00 per 1000 Cubic 2) The fee for checking underground storm drains and facilities shall be the same as the fee charged for improvement plan checks. C. For Final Map Plan Checks: 1) The fee to be paid to the Consultant for final map reviews shall be as follows: $375.00, plus $7.50 for each lot D. Improvement Inspection: 1) The fee to be paid the Consultant for improvement inspection services shall be 1.7% of the Engineer's Estimate. PAYMENT OF FEES On the first working day of each month, Consultant shall submit it's invoice for the work performed during the prior month. Payment 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. The balance 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 as provided in Paragraph 4. - 12 - The Consultant shall be paid for improvement inspection services based upon the percentage completion of the jobs being inspected at increments of 25%. The final 25% payment shall be made upon Council acceptance for public improvements and City Engineer's acceptance for private improvements. 6. COVENANT AGAINST CONTINGENT FEES 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 agreement. 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. 7. TERMINATION OF CONTRACT In the event of the Consultant's failure to prosecute, deliver, or perform the work as provided for in this contract, City may terminate this contract for non-performance by notifying the Consultant by certified mail of the termination of the contract. The Consultant, thereupon, has five (5) 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 - 13 - 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. 01 SPUTES If a dispute should arise, regarding 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 persons operating 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 (10) days. 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 signed and with Registered Civil Engineer's number. 10. SUSPENSION OR TERMINATION OF SERVICES This agreement may be terminated by either party upon tendering thirty (30) days written notice to the other party. In the event of such suspension or termination, upon request of the f? - 14 - City, the Consultant shall assemble the work product and put same in order for proper filing and closing and deliver said product to .. - City. In the event of termination, the Consultant shall be paid for work performed to the termination date. The City shall make the final determination as to 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. 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. 12. CONFORMITY 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. a - 15 - 14. HOLD HARMLESS 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 injuries or death caused by, or resulting from, or claimed to have been caused by, or resulting from, any act or omissi.on of Consultant or Consultant's agents, employees, or representatives done pursuant to or in furtherance of Consultant's duties under this agreement. Consultant agrees to defend, indemnify, and save free and harmless the City and its authorized agents, officers, and employees aginst any of the foregoing liabilities or claims or any kind and any cost and expense that is incurred by the City on account of any of the foregoing liabilities, including liabilites 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. 15. 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 employed by the subcontractor, as Consultant is for the acts and omissions of persons directly employed by Consultant. - 16 - j. Nothing contained in this contract shall create any contractual relationship between any subcontractor of Consultant and the City. - The Consultant sfiall 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 architectural, engineering inspection, construction or material supply, 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 ,. - 17 - 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 ass i gns . 20. EFFECTIVE DATE This agreement shall be effective on and from the day and year first above written. 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. The Consultant expressly affirms that he will perform no plan 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 The Consultant 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 of 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. - 18 - 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. 24. WORKING DAY DEFINITION For the purpose of measuring plan check performance, the working days specified in Paragraph 4 starts on the work day after the Consultant is notified the plans are ready for pick-up, and includes the day plans are delivered back to the City by the Consultant. Work days do not include Saturdays, Sundays, or City ho 1 i d ays . IN WITNESS WHEREOF, we have hereunto set our hands and seals. WILLDAN ASSOCIATES CITY OF CARLSBAD 'Title ATTEST: