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HomeMy WebLinkAbout1989-03-07; City Council; Resolution 89-71,I ,I , 1 2 3 4 e 0 RESOLUTION NO. 89-7 L A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A CONSULTANT AGREEMENT FOR ENGINEERING PLANCHECKING SERVICES. 5 WHEREAS, the City Manager recommends and the City Council concurs that CI 6 7 planchecking services must be made available in order for the City to fulfill its obligatic WHEREAS, satisfactory agreements with Mario Ingrasi and John A. Leatl 8 I\ have been negotiated and; 9 10 11 WHEREAS, sufficient funds are available in the 1988-89 Engineering Departmen NOW, THEREFORE, be it resolved by the City Council of the City of Carlsbad, C; 12 11 as follows: 13 14 1. That the above recitations are true and correct. 2. That an Agreement between the City of Carlsbad and Mario Ingrasi. 15 16 proprietor, for provision of planchecking services, a copy of which is attached (Exhibit 2) a I.8 3. That an Agreement between the City of Carlsbad and John A. Leathers, Jr 17 a part hereof, is hereby approved. proprietor, for provision of planchecking services, a copy of which is attached (Exhibit 3) a1 19 I a part hereof, is hereby approved. 20 21 22 1 23 24 I //I Ill Ill Ill 25 /I1 26 I// 27 111 28 Ill I. ,I * 1 e 0 4. That the Mayor of the City of Carlsbad is hereby authorized and directed tc 2 3 4 5 6 said agreement for and on behalf of the City of Carlsbad. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad Cit; held on the 7th day of March , 1989 by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NOES: None ABSENT: None ATTEST: alxL RRA ALETHA L. RAUTENKRANZ, Ci4 Clerk (SEAL) I1 I. ', e 0 AGREEMENT FOR CONSULTANT PLANCHECKING SERVICES THIS AGREEMENT, made and entered into as of the day of , 1988, by and between the CITY OF CARLSBAD, a municipal corporation, hereinafter referred to as "City" and Mr. John A. Leathers, Jr., sole proprietor, hereinafter referred to as "Consultant ." RECITALS City requires the services of Consultant to provide the engineering consultant services for pl anchecking; 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 A. To perform plan study and map review duties as assigned by the City Engineer or his designate. B. To provide personnel acceptable to the City Engineer during the hours of 8:OO a.m. to 5:OO p.m., Monday through Friday, excluding holidays. The Consultant at his option may provide as few as 24 hours of work in any one week. 1 ,/ 4, a e 2. CITY OBLIGATIONS The City will provide working area at the Las Palmas Drive building anc provide City Standards, Ordinance, Policy and direction in implementation ol plan and map review. The City will provide 48 hours advance notice to tht Consultant that Consultant’s services are required. 3. PROGRESS AND COMPLETION The work under this Agreement will begin immediately upon approval. The Consultant will work on an ”as-needed’’ basis depending on the amount and type of work that the City wishes to assign to him. 4. FEES TO BE PAID TO CONSULTANT Consultant shall be compensated for the actual time expended on each project at the rate of $45.00 per hour. All work exceeding 8 hours per day or 40 hours per week shall be paid at the overtime rate of $67.50 per hour. Authorization must be obtained from the Consultants Supervisor prior to any overtime work. 5. PAYMENT OF FEES Payment of fees shall be within thirty (30) days after receipt of invoice for services from Consultant. 6. CHANGES IN WORK If, in the course of this Agreement, changes seem merited by the Consultant or the City, and informal consultations with the other party indicate that a change in the conditions of the Contract is warranted, the Consultant or the City may request a change in Agreement. Such changes shall be processed by the City in the following manner: A letter outlining the required changes shall be forwarded to the City or Consultant to inform them of the proposed changes along with a statement of estimated changes in charges or time schedule. After 2 I/ ', e 0 reaching mutual agreement on the proposal, a supplemental agreement shall bc prepared by the City and approved by the City Council. Such supplemental agree- ment shall not render ineffective or invalidate unaffected portions of thc agreement. Changes requiring immediate action by the Consultant or City shall be ordered by the City Engineer who will inform a principal of the Consultant's firm of the necessity of such action and follow up with a supplemental agreement covering such work. 7. DESIGN STANDARDS The Consultant shall review the maps, studies, plans and specifications in accordance with the design standards of the City of Carl sbad and recognized current design practices. Applicable City of Carlsbad Standards and Regional Standards shall be used where appropriate. Copies of such standards shall be obtained from the City .of Carlsbad. 8. COVENANTS AGAINST CONTINGENT FEES The Consultant warrants that their firm 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, commis- sion, 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, the 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. 3 .I ’, a e 9. NONDISCRIMINATION CLAUSE The Consultant shall comply with the State and Federal Ordinances regarding nondiscrimination. 10. TERMINATION OF CONTRACT In the event of the Consultant’s failure to prosecute, deliver, or perforn the work as provided for in this Agreement, the City may terminate this Agreement for nonperformance by notifying the Consultant by certified mail of the termin- ation of the Agreement. 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 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 Agreement completed. Based upon that finding as reported to the City Council, the Council shall determine the final payment of the Agreement. Final payment shall be in compl iance with the Code of Federal Regulations. 11. DISPUTES 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 Agreement, shall be reduced to writing by the principal of the Consultant or the City Engineer. A copy of such docu- mented dispute shall be forwarded to both parties involved a1 ong 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. If the resolution thus 4 8 0 obtained is unsatisfactory to the aggrieved party, a letter outlining the disputc shall be forwarded to the City Council for their resolution through the Offict of the City Manager. The City Council may then opt to consider the directec solution to the problem. In such cases, the action of the City Council shal' be binding upon the parties involved, although nothing in this procedure shal' prohibit the parties seeking remedies available to them at law. 12. RESPONSIBILITY OF THE CONSULTANT The Consultant is hired to render professional services and any payment: made to Consultant are compensation solely for such services. 13. SUSPENSION OR TERMINATION OF SERVICES This Agreement may be terminated by either party upon tendering thirtj (30) days written notice to the other party. In the event of such suspensior or termination, upon request of the City, Consultant shall assemble the work product and put same in order for proper fi 1 i ng and closing and del i ver saic product to City. In the event of termination, the Consultant shall be paid for work performed on an hourly basis. The City shall make the final determination as to the portions of tasks completed and the compensation to be made. Compensa- tion to be made in compliance with the Code of Federal Regulations. Nothing herein shall ob1 igate the City to avail itse1.f of the Consultant's service for any minimum or maximum amount of time during any week or month. 14. STATUS OF THE CONSULTANT The Consultant shall perform the services provided for herein in Consul - tant's own way 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, but shall consult with the City as provided 5 0 0 personnel assigned to the project, but shall consult with the City as provided for in the Consultant’s obligations herein. The Consultant is an independent contractor of the City. The payment made to the Consultant pursuant to this Agreement shall be the full and complete compensation to which the Consultant is entitled pursuant to this Agreement. The City shall not make any federal or state tax withholdings on behalf of the Consultant. The City shall not be required to pay any workers compensation insurance on behalf of the Consultant. The Consultant agrees to indemnify the City for any tax, retirement contribution, social security, overtime payment, workers compensation payment which the City may be required to make on behalf of Consultant or any employee of Consultant for work done under this Agreement. The Consultant shall be aware of the requirements of the Immigration Reform and Control Act of 1986 and shall comply with those requirements, including but not limited to verifying the eligibility for employment of all agents, employees, sub-contractors and consultants that are included in this agreement. 15. CONFORMITY TO LEGAL REQUIREMENTS The Consultant shall annotate all drawings and specifications to conform to a1 1 appl icabl e requirements of 1 aw: Federal, State and local. 16. OWNERSHIP OF DOCUMENTS All plans, studies, sketches, drawings, reports and specifications as herein required are the property of the City, whether the work for which they are made be executed or not. In the event this Agreement is terminated, a1 1 documents, plans, specifications, drawings, reports and studies shall be delivered forthwith to the City. Consultant shall have the right to make one (1) copy of the plans for his/her records. 6 e 0 17. 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 omission of Consultant or Consultant’s agents, employees or representatives. Consultant agrees to defend, indemnify, and save free and harmless the City and its authorized agents, officers and employees against any of the foregoing liabilities or claims of any kind and any cost and expense 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 negligence. 18. ASSIGNMENT OF AGREEMENT The Consultant shall not assign this Agreement or any part thereof or any monies due thereunder without the prior written consent of the City. 19. SUBCONTRACTING The Consultant shall not subcontract any.portion of the work unless prior written agreement has been obtained from the City. If the Consultant shall subcontract any of the work to be performed under this Agreement by the Consul- tant, Consultant shall be fully responsible to the City for the acts and omis- sions of Consultant’s subcontractor and of the persons either directly or in- directly employed by the subcontractor, as Consultant is for the acts and omis- sions of persons directly employed by Consultant. Nothing contained in this Agreement shall create any contractual re1 ationship 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 Agreement applicable 7 0 0 to Consultant’s work unless specifically noted to the contrary in the subcontrac in question approved in writing by the City. 20. PROHIBITED INTEREST No official of the City who is authorized in such capacity on behalf o the City to negotiate, make, accept, or approve, or take part in negotiatjn2 making, accepting, or approving of any architectural, engineering inspection construction or material supply contractor, or any subcontractor in connectio with the construction of the project, shall become directly or indirectly inte rested personally in this Contract or in any part thereof. No officer, employee architect, attorney, engineer, or inspector of or for the City to exercise an executive, supervisory, or other similar functions in connection with the perf ormance of this Agreement shall become directly or indirectly interested perso nally in this Agreement or any part thereof. 21. VERBAL AGREEMENT OR CONVERSATION No verbal agreement or conversation with any officer, agent, or empl aye( of the City, either before, during, or after the execution of this Agreement shall affect or modify any of the terms or obligations herein contained nor SUC verbal agreement or conversation entitle the Consultant to any additional paymen whatsoever under the terms of this Agreement. 22. SUCCESSORS OR ASSIGNS Subject to the provisions of Paragraph 17, “Hold Harmless Agreement ,“ a1 terms, conditions, and provisions hereof shall insure to and shall bind each o the parties hereto, and each of their respective heirs, executors: administrators, successors, and assigns. 8 e e 23. EFFECTIVE DATE This Agreement shall be effective on and from the day and year first abov written. 24. CONFLICT OF INTEREST The Consultant shall file a Conflict of Interest Statement with the Cit. Clerk of the City of Carlsbad. The Consultant shall report investments o interests in real property. IN WITNESS WHEREOF, we have hereunto set our hands and seals. CITY OF CARLSBAD CLAUDE A. LEWIS Mayor APPROVED AS TO FOPM: ATTESTED: ALETHA RAUTENKRANZ City Clerk ALETHA RAUTENKRANZ City Clerk 9 0 0 AGREEMENT FOR CONSULTANT PLANCHECKING SERVICES THIS AGREEMENT, made and entered into as of the day of , 1988, by and between the CITY OF CARLSBAD, a municipal corporation hereinafter referred to as ”City” and Mr. Mario Ingrasci , sol e proprietor hereinafter referred to as “Consultant .” RECITALS City requires the services of Consultant to provide the engineerin consultant services for planchecking; and Consultant possesses the necessary skills and qualifications to provid the services required by City; NOW, THEREFORE, in consideration of these recitals and the mutual covenant contained herein, City and Consultant agree as follows: 1. CONSULTANT’S OBLIGATIONS A. To perform plan study and map review duties as assigned by the Cit, Engineer or his designate. B. To provide personnel acceptable to the City Engineer during the hour of 8:OO a.m. to 5:OO p.m., Monday through Friday, excluding holidays The Consultant at his option may provide as few as 24 hours of worj in any one week. 1 e 0 2. CITY OBLIGATIONS The City will provide working area at the Las Palmas Drive building an provide City Standards, Ordinance, Policy and direction in implementation o plan and map review. The City will provide 48 hours advance notice to th Consultant that Consultant's services are required. 3. PROGRESS AND COMPLETION The work under this Agreement will begin immediately upon approval . Th Consultant will work on an "as-needed" basis depending on the amount and typ of work that the City wishes to assign to him. 4. FEES TO BE PAID TO CONSULTANT Consultant shall be compensated for the actual time expended on eac project at the rate of $40.00 per hour. A1 1 work exceeding 8 hours per day o 40 hours per week shall be paid at the overtime rate of $45.00 per hour Authorization must be obtained from the Consultants Supervisor prior to an, overtime work. 5. PAYMENT OF FEES Payment of fees shall be within thirty (30) days after receipt of invoicc for services from Consultant . 6. CHANGES IN WORK If, in the course of this Agreement, changes seem merited by the Consultani or the City, and informal consultations with the other party indicate that i change in the conditions of the Contract is warranted, the Consultant or thc City may request a change in Agreement. Such changes shall be processed by thc City in the following manner: A letter outlining the required changes shall bc forwarded to the City or Consultant to inform them of the proposed changes alonc with a statement of estimated changes in charges or time schedule. After 2 // 0 0 reaching mutual agreement on the proposal, a supplemental agreement shall bc prepared by the City and approved by the City Council. Such supplemental agree. ment shall not render ineffective or invalidate unaffected portions of tht agreement. Changes requiring immediate action by the Consultant or City shal’ be ordered by the City Engineer who will inform a principal of the Consultant’: firm of the necessity of such action and follow up with a supplemental agreemen. covering such work. 7. DESIGN STANDARDS The Consultant shall review the maps, studies, plans and specification: in accordance with the design standards of the City of Carlsbad and recognize( current design practices. Applicable City of Carlsbad Standards and Regional Standards shall be used where appropriate. Copies of such standards shall bc obtained from the City of Carlsbad. 8. COVENANTS AGAINST CONTINGENT FEES The Consultant warrants that their firm has not employed or retained an) 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 agreec to pay any company or person, other than a bona fide employee, any fee, commis. sion, percentage, brokerage fee, gift, or any other consideration contingenl upon, or resulting from, the award or making this agreement. For breach or violation of this warranty, the 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. 3 a 0 9. NONDISCRIMINATION CLAUSE The Consultant shall comply with the State and Federal Ordinances regardin! nondiscrimination. 10. TERMINATION OF CONTRACT In the event of the Consultant’s failure to prosecute, deliver, or perforl the work as provided for in this Agreement, the City may terminate this Agreemen for nonperformance by notifying the Consultant by certified mail of the termin ation of the Agreement. The Consultant, thereupon, has five (5) working day to deliver said documents owned by the City and all work in progress to the Cit, Engineer. The City Engineer shall make a determination of fact based upon th documents delivered to City of the percentage of work which the Consultant ha performed which is usable and of worth to the City in having the Agreemen completed. Based upon that finding as reported to the City Council, the Counci shall determine the final payment of the Agreement. Final payment shall be i compliance with the Code of Federal Regulations. 11. DISPUTES If a dispute should arise regarding the performance of work under thi agreement, the following procedure shall be used to resolve any question of fac or interpretation not otherwise settled by agreement between parties. SUC questions, if they become identified as a part of a dispute among person operating under the provisions of this Agreement, shall be reduced to writin by the principal of the Consultant or the City Engineer. A copy of such docu mented dispute shall be forwarded to both parties involved along with recommende methods of resolution which would be of benefit to both parties. The Cit Engineer or principal receiving the letter shall reply to the letter along wit a recommended method of resolution within ten (10) days. If the resolution thu 4 0 e obtained is unsatisfactory to the aggrieved party, a letter outlining the disput shall be forwarded to the City Council for their resolution through the Offic of the City Manager. The City Council may then opt to consider the directe solution to the problem. In such cases, the action of the City Council shal be binding upon the parties involved, although nothing in this procedure shal prohibit the parties seeking remedies available to them at law. 12. RESPONSIBILITY OF THE CONSULTANT The Consultant is hired to render professional services and any payment made to Consultant are compensation solely for such services. 13. SUSPENSION OR TERMINATION OF SERVICES This Agreement may be terminated by either party upon tendering thirt. (30) days written notice to the other party. In the event of such suspensiol or termination, upon request of the City, Consultant shall assemble the worl product and put same in order for proper fil ing and closing and del iver saic product to City. In the event of termination, the Consultant shall be paid fo’ work performed on an hourly basis. The City shall make the final determinatio: as to the portions of tasks completed and the compensation to be made. Compensa tion to be made in compl iance with the Code of Federal Regulations. Nothin! herein shall obligate the City to avail itself of the Consultant’s service fo) any minimum or maximum amount of time during any week or month. 14. STATUS OF THE CONSULTANT The Consultant shall perform the services provided for herein in Consul. tant’s own way as an independent contractor and in pursuit of Consultant’: independent calling, and not as an employee of the City. Consultant shall bt under control of the City only as to the result to be accomplished and thc personnel assigned to the project, but shall consult with the City as providec 5 0 0 personnel assigned to the project, but shall consult with the City as provide for in the Consultant's obligations herein. The Consultant is an independent contractor of the City. The payment mad to the Consultant pursuant to this Agreement shall be the full and complet compensation to which the Consultant is entitled pursuant to this Agreement The City shall not make any federal or state tax withholdings on behalf of th Consultant. The City shall not be required to pay any workers compensatio insurance on behalf of the Consultant. The Consultant agrees to indemnify th City for any tax, retirement contribution, social security, overtime payment workers compensation payment which the City may be required to make on behal of Consultant or any employee of Consultant for work done under this Agreement The Consultant shall be aware of the requirements of the Immigration Reforl and Control Act of 1986 and shall comply with those requirements, including bu not limited to verifying the eligibility for employment of all agents, employees sub-contractors and consultants that are included in this agreement. 15. CONFORMITY TO LEGAL REQUIREMENTS The Consultant shall annotate all drawings and specifications to confor to all appl icable requirements of law: Federal, State and local. 16. OWNERSHIP OF DOCUMENTS All plans, studies, sketches, drawings, reports and specifications a: herein required are the property of the City, whether the work for which the: are made be executed or not. In the event this Agreement is terminated, al' documents, plans, specifications, drawings, reports and studies shall bi delivered forthwith to the City. Consultant shall have the right to make on1 (1) copy of the plans for his/her records. 6 .I e 17. HOLD HARMLESS AGREEMENT The City, its agents, officers and employees shall not be liable for an claims, liabilities, penalties, fines, or any damage to goods, properties, Q 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 ac or omission of Consultant or Consultant’s agents, employees or representatives Consultant agrees to defend, indemnify, and save free and harmless the City an its authorized agents, officers and employees against any of the foregoin liabilities or claims of any kind and any cost and expense that is incurred b the City on account of any of the foregoing liabilities, including liabilitie or claims by reason of alleged defects in any plans and specifications, unles the liability or claim is due, or arises out of, solely to the City‘s negligence 18. ASSIGNMENT OF AGREEMENT The Consultant shall not assign this Agreement or any part thereof or an: monies due thereunder without the prior written consent of the City. 19. SUBCONTRACTING The Consultant shall not subcontract any portion of the work unless prio, written agreement has been obtained from the City. If the Consultant shall subcontract any of the work to be performed under this Agreement by the Consul- tant, Consultant shall be fully responsible to the City for the acts and omis- sions of Consultant’s subcontractor and of the persons either directly or in- directly employed by the subcontractor, as Consultant is for the acts and omis- sions of persons directly employed by Consultant. Nothing contained in thi: Agreement shall create any contractual re1 ati onshi p between any subcontracto, of Consultant and the City. The Consultant shall bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement appl icable 7 * 0 to Consultant’s work unless specifically noted to the contrary in the subcontrac in question approved in writing by the City. 20. PROHIBITED INTEREST No official of the City who is authorized in such capacity on behalf ( the City to negotiate, make, accept, or approve, or take part in negotiatinc making, accepting, or approving of any architectural, engineering inspectior construction or material supply contractor, or any subcontractor in connectic with the construction of the project, shall become directly or indirectly inte rested personally in this Contract or in any part thereof. No officer, employee architect, attorney, engineer, or inspector of or for the City to exercise ar; executive, supervisory, or other similar functions in connection with the perf ormance of this Agreement shall become directly or indirectly interested persc nally in this Agreement or any part thereof. 21. VERBAL AGREEMENT OR CONVERSATION No verbal agreement or conversation with any officer, agent, or employe of the City, either before, during, or after the execution of this Agreement shall affect or modify any of the terms or obligations herein contained nor SUC verbal agreement or conversation entitle the Consultant to any additional paymen whatsoever under the terms of this Agreement. 22. SUCCESSORS OR ASSIGNS Subject to the provisions of Paragraph 17, ”Hold Harmless Agreement,” a1 terms, conditions, and provisions hereof shall insure to and shall bind each o the parties hereto, and each of their respective heirs, executors administrators, successors, and assigns. 8 0 0 This Agreement shall be effective on and from the day and year first abov written. 24. CONFLICT OF INTEREST The Consultant shall file a Conflict of Interest Statement with the Cit Clerk of the City of Carlsbad. The Consultant shall report investments c interests in real property. IN WITNESS WHEREOF, we have hereunto set our hands and seals. CITY OF CARLSBAD BY : jt?L/!kb MARIO I RASC , CLAUbE A. LEWIS Sole Proprietor Mayor APPROVED AS TO FORM: ATTESTED: 7 ALETHA RAUTENKRANZ City Clerk 9