HomeMy WebLinkAboutAtkins North America Inc; 2015-06-11;AGREEMENT FOR PLANCHECKING SERVICES
(ATKINS NORTH AMERICA, INC.)
THIS AGREEMENT is made and entered into as of the //"^ day of
OZ>r\^ , 2015, by and between the CITY OF CARLSBAD, a municipal
corporation, ("City"), and ATKINS NORTH AMERICA, INC., a Florida Corporation, ("Contractor").
RECITALS
A. City requires the professional services of an engineering consultant that is
experienced in engineering plan check services.
B. Contractor has the necessary experience in providing professional services and
advice related to engineering plan check services.
C. Contractor has submitted a proposal to City and has affirmed its willingness and
ability to perform such work.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein. City and Contractor agree as follows:
1. SCOPE OF WORK
City retains Contractor to perform, and Contractor agrees to render, those services (the
"Services") that are defined in attached Exhibit "A", which is incorporated by this reference in
accordance with this Agreement's terms and condifions.
2. STANDARD OF PERFORMANCE
While performing the Services, Contractor will exercise the reasonable professional care and skill
customarily exercised by reputable members of Contractor's profession practicing in the
Metropolitan Southern California Area, and will use reasonable diligence and best judgment while
exercising its professional skill and expertise.
3. TERM
The term of this Agreement will be effective for a period of two (2) years from the date first above
written. The City Manager may amend the Agreement to extend and fund it for one (1) additional
two (2) year period or part thereof. Extensions will be based upon a safisfactory review of
Contractor's performance. City needs, and appropriafion of funds by the City Council. The parties
will prepare a written amendment indicafing the effective date and length of the extended
Agreement.
4. TIME IS OF THE ESSENCE
Time is of the essence for each and every provision of this Agreement.
5. COMPENSATION
The total fee payable for the Services to be performed during the initial Agreement term will be
three hundred thousand dollars ($300,000.00) per Agreement year. No other compensation for
the Services will be allowed except for items covered by subsequent amendments to this
Agreement. If the City elects to extend the Agreement, the amount shall not exceed three hundred
thousand dollars ($300,000.00) per Agreement year. The City reserves the right to withhold a ten
percent (10%) retention until City has accepted the work and/or Services specified in Exhibit "A".
Incremental payments, if applicable, should be made as oufiined in attached Exhibit "A".
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6. STATUS OF CONTRACTOR
Contractor will perform the Services in Contractor's own way as an independent contractor and
in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be
under control of City only as to the result to be accomplished, but will consult with City as
necessary. The persons used by Contractor to provide services under this Agreement will not be
considered employees of City for any purposes.
The payment made to Contractor pursuant to the Agreement will be the full and complete
compensation to which Contractor is entified. City will not make any federal or state tax
withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be
required to pay any workers' compensation insurance or unemployment contributions on behalf
of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty
(30) days for any tax, retirement contribution, social security, overtime payment, unemployment
payment or workers' compensation payment which City may be required to make on behalf of
Contractor or any agent, employee, or subcontractor of Contractor for work done under this
Agreement. At the City's elecfion. City may deduct the indemnification amount from any balance
owing to Contractor.
7. SUBCONTRACTING
Contractor will not subcontract any portion of the Services without prior written approval of City.
If Contractor subcontracts any of the Sen/ices, Contractor will be fully responsible to City for the
acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly
employed by the subcontractor, as Contractor is for the acts and omissions of persons directly
employed by Contractor. Nothing contained in this Agreement will create any contractual
relationship between any subcontractor of Contractor and City. Contractor will be responsible for
payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of
a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically
noted to the contrary in the subcontract and approved in writing by City.
8. OTHER CONTRACTORS
The City reserves the right to employ other Contractors in connection with the Services.
9. INDEMNIFICATION
Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees
and volunteers from and against all claims, damages, losses and expenses including attorneys
fees arising out of the performance of the work described herein caused by any negligence,
recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or
indirectly employed by any of them or anyone for whose acts any of them may be liable.
The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or
makes to or on behalf of an injured employee under the City's self-administered workers'
compensafion is included as a loss, expense or cost for the purposes of this section, and that this
section will survive the expiration or early termination of this Agreement.
10. INSURANCE
Contractor will obtain and maintain for the duration of the Agreement and any and all
amendments, insurance against claims for injuries to persons or damage to property which may
arise out of or in connection with performance of the services by Contractor or Contractor's
agents, representatives, employees or subcontractors. The insurance will be obtained from an
insurance carrier admitted and authorized to do business in the State of California. The insurance
carrier is required to have a current Best's Key Rating of not iess than "A-:Vir'; OR with a surplus
line insurer on the State of California's List of Approved Surplus Line Insurers (LASLI) with a rafing
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in the latest Best's Key Rating Guide of at least "A:X"; OR an alien non-admitted insurer listed by
the National Association of Insurance Commissioners (NAIC) latest quarterly listings report.
10.1 Coverage and Limits.
Contractor will maintain the types of coverage and minimum limits indicated below, unless the
Risk Manager or City Manager approves a lower amount. These minimum amounts of coverage
will not constitute any limitations or cap on Contractor's indemnification obligations under this
Agreement. City, its officers, agents and employees make no representation that the limits ofthe
insurance specifled to be carried by Contractor pursuant to this Agreement are adequate to
protect Contractor. If Contractor believes that any required insurance coverage is inadequate.
Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at
Contractor's sole expense. The full limits available to the named insured shall also be available
and applicable to the City as an addifional insured.
10.1.1 Commercial General Liabilitv Insurance. $2,000,000 combined single-limit per
occurrence for bodily injury, personal injury and property damage. If the submitted policies contain
aggregate limits, general aggregate limits will apply separately to the work under this Agreement
or the general aggregate will be twice the required per occurrence limit.
10.1.2 Automobile Liabilitv. (if the use of an automobile is involved for Contractor's work
for City). $1,000,000 combined single-limit per accident for bodily injury and property damage.
10.1.3 Workers' Compensation and Emplover's Liabilitv. Workers' Compensation limits as
required by the California Labor Code. Workers' Compensation will not be required if Contractor
has no employees and provides, to City's satisfacfion, a declaration stafing this.
10.1.4 Professional Liabilitv. Errors and omissions liability appropriate to Contractor's
profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a
period of five years following the date of completion of the work.
10.2 Additional Provisions. Contractor will ensure that the policies of insurance required under
this Agreement contain, or are endorsed to contain, the following provisions:
10.2.1 The City will be named as an additional insured on Commercial General Liability
which shall provide primary coverage to the City.
10.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which
will be written as claims-made coverage.
10.2.3 This insurance will be in force during the life ofthe Agreement and any extensions
of it and will not be canceled without thirty (30) days prior written notice to City sent by certified
mail pursuant to the Notice provisions of this Agreement.
10.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this
Agreement, Contractor will furnish certificates of insurance and endorsements to City.
10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance
coverages, then City will have the option to declare Contractor in breach, or may purchase
replacement insurance or pay the premiums that are due on existing policies in order to maintain
the required coverages. Contractor is responsible for any payments made by City to obtain or
maintain insurance and City may collect these payments from Contractor or deduct the amount
paid from any sums due Contractor under this Agreement.
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10.5 Submission of Insurance Policies. City reserves the right to require, at any time, complete
and certified copies of any or all required insurance policies and endorsements.
11. BUSINESS LICENSE
Contractor will obtain and maintain a City of Carisbad Business License for the term of the
Agreement, as may be amended from time-to-time.
12. ACCOUNTING RECORDS
Contractor will maintain complete and accurate records with respect to costs incurred under this
Agreement. All records will be clearly identifiable. Contractor will allow a representafive of City
during normal business hours to examine, audit, and make transcripts or copies of records and
any other documents created pursuant to this Agreement. Contractor will allow inspection of all
work, data, documents, proceedings, and activities related to the Agreement for a period of three
(3) years from the date of final payment under this Agreement.
13. OWNERSHIP OF DOCUMENTS
All work product produced by Contractor or its agents, employees, and subcontractors pursuant
to this Agreement is the property of City. In the event this Agreement is terminated, all work
product produced by Contractor or its agents, employees and subcontractors pursuant to this
Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy
of the work product for Contractor's records.
14. COPYRIGHTS
Contractor agrees that all copyrights that arise from the services will be vested in City and
Contractor relinquishes all claims to the copyrights in favor of City.
15. NOTICES
The name of the persons who are authorized to give written nofice or to receive written notice on
behalf of City and on behalf of Contractor under this Agreement.
For Citv For Contractor
Name Jason Geldert Name Sean McCarty, P.E.
Title City Engineer Title Division Manager
Department CED - LDE Address 3570 Carmel Mountain, Suite 300
City of Carisbad San Diego, CA 92130
Address 1635 Faraday Ave Phone No. 858-259-0741
Carlsbad, CA 92008 Email sean.mccarty@atkinsglobal.com
Phone No. 760-602-2758
Each party will notify the other immediately of any changes of address that would require any
notice or delivery to be directed to another address.
16. CONFLICT OF INTEREST
Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the
requirements of the City of Carisbad Conflict of Interest Code. The Contractor shall report
investments or interests in all four categories.
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17. GENERAL COMPLIANCE WITH LAWS
Contractor will keep fully informed of federal, state and local laws and ordinances and regulations
which in any manner affect those employed by Contractor, or in any way affect the performance
of the Services by Contractor. Contractor will at all times observe and comply with these laws,
ordinances, and regulafions and will be responsible for the compliance of Contractor's services
with all applicable laws, ordinances and regulafions.
Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986
and will comply with those requirements, including, but not limited to, verifying the eligibility for
employment of all agents, employees, subcontractors and consultants whose services are
required by this Agreement.
18. DISCRIMINATION AND HARASSMENT PROHIBITED
Contractor will comply with all applicable local, state and federal laws and regulafions prohibiting
discriminafion and harassment.
19. DISPUTE RESOLUTION
If a dispute should arise regarding the performance of the Sen/ices the following procedure will
be used to resolve any questions of fact or interpretation not othenwise settled by agreement
between the parties. Representatives of Contractor or City will reduce such questions, and their
respective views, to writing. A copy of such documented dispute will be fon/varded to both parties
involved along with recommended methods of resolufion, which woqid be of benefit to both
parties. The representative receiving the letter will reply to the letter along with a recommended
method of resolution within ten (10) business days. If the resolufion thus obtained is unsatisfactory
to the aggrieved party, a letter outlining the disputes will be fonwarded to the City Manager. The
City Manager will consider the facts and solutions recommended by each party and may then opt
to direct a solution to the problem. In such cases, the action of the City Manager will be binding
upon the parties involved, although nothing in this procedure will prohibit the parties from seeking
remedies available to them at law.
20. TERMINATION
In the event ofthe Contractor's failure to prosecute, deliver, or perform the Services, City may
terminate this Agreement for nonperformance by notifying Contractor by certified mail of the
termination. If City decides to abandon or indefinitely postpone the work or services contemplated
by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon
notificafion of terminafion, Contractor has five (5) business days to deliver any documents owned
by City and all work in progress to City address contained in this Agreement. City will make a
determination of fact based upon the work product delivered to City and ofthe percentage of work
that Contractor has performed which is usable and of worth to City in having the Agreement
completed. Based upon that finding City will determine the final payment ofthe Agreement.
Either party upon tendering thirty (30) days written notice to the other party may terminate this
Agreement. In this event and upon request of City, Contractor will assemble the work product and
put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work
performed to the termination date; however, the total will not exceed the lump sum fee payable
under this Agreement. City will make the final determinafion as to the portions of tasks completed
and the compensafion to be made.
21. COVENANTS AGAINST CONTINGENT FEES
Contractor warrants that Contractor has not employed or retained any company or person, other
than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that
Contractor has not paid or agreed to pay any company or person, other than a bona fide
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employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration
contingent upon, or resulting from, the award or making of this Agreement. For breach or violation
of this warranty. City will 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 ofthe
fee, commission, percentage, brokerage fees, gift, or contingent fee.
22. CLAIMS AND LAWSUITS
By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must
be asserted as part ofthe Agreement process as set forth in this Agreement and not in anficipafion
of lifigation or in conjuncfion with litigation. Contractor acknowledges fhat if a false claim is
submitted to City, it may be considered fraud and Contractor may be subject to criminal
prosecufion. Contractor acknowledges that California Government Code sections 12650 ef seq.,
the False Claims Act applies to this Agreement and, provides for civil penalties where a person
knowingly submits a false claim to a public entity. These provisions include false claims made
with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of
information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to
recover its lifigation costs, including attomey's fees. Contractor acknowledges that the filing of a
false claim may subject Contractor to an administrative debarment proceeding as the result of
which Contractor may be prevented to act as a Contractor on any public work or improvement for
a period of up to five (5) years. Contractor acknowledges debarment by another jurisdicfion is
grounds for City to terminate this Agreement.
23. JURISDICTION AND VENUE
Any acfion at law or in equity brought by either of the parties for the purpose of enforcing a right
or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the
County of San Diego, State of California, and the parties waive all provisions of law providing for
a change of venue in these proceedings to any other county.
24. SUCCESSORS AND ASSIGNS
It is mutually understood and agreed that this Agreement will be binding upon City and Contractor
and their respective successors. Neither this Agreement nor any part of it nor any monies due or
to become due under it may be assigned by Contractor without the prior consent of City, which
shall not be unreasonably withheld.
25. ENTIRE AGREEMENT
This Agreement, together with any other written document referred to or contemplated by it, along
with the purchase order for this Agreement and its provisions, embody the enfire Agreement and
understanding between the parties relating to the subject matter of it. In case of conflict, the terms
of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions
may be amended, modified, waived or discharged except in a wrifing signed by both parties.
26. AUTHORITY
The individuals executing this Agreement and the instruments referenced in it on behalf of
Contractor each represent and warrant that they have the legal power, right and actual authority
to bind Contractor to the terms and conditions of this Agreement.
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CONTRACTOR:
ATKINS NORTH AMERICA, INC.
(sign here)
Charlotte A. Maddox
Senior Vice President
CITY OF CARLSBAD, a municipal
corporation of the State of California
By:
f/.att Hall, Mayor
(print name/title)
(sign hefe) C. Ernest Edgar,/I\
Secretary
(print name/title)
ATTEST:
BARBARA ENGLESO
City Clerk
If required by City, proper notarial acknowledgment of execution by contractor must be attached.
If a corporation. Agreement must be signed by one corporate officer from each of the following
two groups.
Group A
Chairman,
President, or
Vice-President
Group B
Secretary,
Assistant Secretary,
CFO or Assistant Treasurer
Otherwise, the corporation must attach a resolution certified by the secretary or assistant
secretary under corporate seal empowering the officer(s) signing to bind the corporation.
APPROVED AS TO FORM:
CELIA A. BREWER, City Attorney
BY:
Assistant City Attornevj
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NOTARY ACKNOWLEDGEMENT
STATE OF FLORIDA
COUNTY OF HILLSBOROUGH )
PERSONALLY APPEARED before me, the undersigned authority,
Charlotte A. Maddox and C. Ernest Edgar. IV , well known to me or who has produced
as identification and known
by me to be the Senior Vice President and Secretary of the corporation named
above, and acknowledged before me that he executed the foregoing instrument on behalf of said
corporation as its true act and deed, and that he were duly authorized to do so.
WITNESS my hand and official seal this _22nd day of May, 2015.
NOTARY PUmC
Print Name: /Pfi^rutju L- 0 TT
My Commission Expires:
B/^BARALOTT
A -r;! Commission*EE218443
^''P'''^ Novemt)er 18,2016
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EXHIBIT "A"
SCOPE OF SERVICES
1. CONTRAaOR'S OBLIGATIONS
The contractor sfiall provide qualified professional engineering and land surveying plancheck services in
accordance with the "Project Engineer's Manual", latest edition, as published by the city "City of Carlsbad
Engineering Standards" and shall provide all facilities, equipment, and standard engineering reference
materials necessary to perform as required herein.
The City of Cartsbad is in the process of implementing Tyler Technologies' Energov solution for land
management, business licenses and code compliance. The chosen contractor will be provided
appropriate licensing for Energov and will be expected to enter planchecking and inspection
information. The ultimate goal of the project is to implement and contractor to participate in digital
planchecking. Should the city move to digital plan review during the agreement period, contractor will
be expected to provide their own Adobe Acrobat or Bluebeam software license(s) to carry out the
review In accordance with city procedures.
A. CHECKING IMPROVEMENT PLANS:
Contractor shall perform the following work for eacPi project:
1. Review submittal for completeness.
2. Examine record plans, tour the site in the field, and become familiar with general concept
as proposed by tlie project applicant for access, drainage, sewer and water facilities to the
site relative to compatibility witii existing conditions.
3. Determine if the plans are in conformance with the applicable conditions of approval and
the approved tentative map or site plan.
4. Determine if the general format for the plan is in conformance with City of Carlsbad
requirements, or modifications thereof.
5. Determine if tlie plans are in compliance with the latest local, state and federal accessibility
requirements. A CASp Certified reviewer shall be available as determined by the city.
6. Check hydrology and hydraulic calculations, and the design ofthe storm drain system in
conformance with the City standards, or modifications thereof.
7. Determine any diversions, concentrations or increases in drainage flow, and any potential
for damage to off-site property resulting from such drainage. If so, ensure project mitigates
such diversions, concentrations, or increases in drainage flow. Check for adequate capacity
of inlets, curbs, brow ditches and down drains.
8. Determine requirements for easements necessary to encompass, access, and maintain tlie
facility and whetiier they have been obtained before plan approval.
9. Determine if any work is proposed that requires a temporary construction or slope
easement necessary to construct tiie improvements. Easements must be obtained priorto
plan approval.
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10. Check adequacy and availability of sewer and water services and the respective pipe sizing
when requested. Coordinate witli sewer and water agencies to ensure plan consistency. All
agency approvals must be obtained prior to City approval.
11. Ctieck sight distances, horizontal radius, and vertical curves on streets. Coordinate sight
distance requirements with landscape plans.
12. Determine that the plans, as submitted, are in conformance with the latest version of the
Carisbad Municipal Code, the City of Carlsbad Engineering Standards, Carlsbad Municipal
Water District Standards, and other applicable standards used by the city.
13. Determine if the plans meet overall technical conformance and adherence to good design
practice.
14. Determine that the striping, signing, traffic signals, and all other traffic control equipment
are shown on the plans in conformance with the Carisbad Municipal Code, City of Carlsbad
Engineering Standards, and other applicable codes and standards used by the city and in
coordination with the city traffic engineer.
15. Determine that traffic signals, intersection control, detour, phasing, and ail other sequence
plans are shown on the plans in conformance with the Carlsbad Municipal Code, City of
Carlsbad Engineering Standards, and other applicable codes and standards used by the city.
16. Determine that the improvement plans are in conformance with the approved grading plan
and final map, if applicable to the project. A copy ofthe 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 planchecks within the contractor's responsibilities.
17. Determine that street medians, if required, are shown on the plans in conformance with
the Carlsbad Municipal Code, City of Carlsbad Engineering Standards, City of Carlsbad
Landscape Manual, and other applicable codes and standards used by the city.
18. Determine the accuracy of the quantity calculations, list of quantities, and contingencies
between the engineer's cost estimate and the plans relative to current city-adopted unit
prices.
19. 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,
discretionary approvals and written policies, that they are consistent with any grading
plans, final map and any other adjacent project-related improvement documents filed at
the city.
20. Provide, upon request, technical information for letters, agreements, securities, easement
documents and agenda bills with appropriate transmittal information. Submit ail plancheck
related documents to the city for the project file.
21. Review project against latest State Storm Water Quality Regulations and ensure project is
incorporating post-development Best Management Practices (BMP) measures to verify that
pollutants of concern are identified and that treatment BMP's meet numeric sizing criteria
pursuant to Order 2013-0001, or latest version. Review and require project Storm Water
Management Plans (SWMP), when required per Order 2013-0001.
22. Ensure appropriate Storm Water Pollution Prevention Plans (SWPPP's) are submitted in
accordance with City Stormwater Standards (i.e.: Tier 1, Tier 2, Tier 3). Ensure Tier 3
SWPPP's satisfy State Regional Water Quality Control Board regulations, latest version.
Ensure that project SWPPP's identify the construction BMP's to be implemented during the
course ofthe project. Utilize checklists, prepared by the California Regional Water Quality
Controi Board or CASQA templates to verify content and organization of SWPPP's.
23. Review Homeowner/Property Owner Association's Covenants, Conditions, & Restrictions
for appropriate clauses that cover maintenance of applicable private improvements.
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24. Priorto submitting the first plancheck comments to the city, perform field visit. Take digital
photos of site boundaries, appurtenances and other relevant features. Submit photos to
city's project engineer.
25. During the submittal of the first plancheck comments, meet with city's project engineer.
Submit plancheck, photos, checklist, and a project report. The city's project engineer may
waive the meeting on small planchecks.
26. Subsequent planchecks require a checklist along with the plancheck red lines and written
comments. The checklist is to be developed by the plan checker unless the city issues a city
checklist. The checklist is to have a significant amount of items specific to the plancheck
being performed, including the Conditions of Approval. The city approved planchecker is to
initial each line item ofthe checklist to verify that the item has been reviewed. If the item
is not relevant, then the planchecker is to initial the item and place a N/A as "not
applicable."
27. The planchecker is to coordinate with the appropriate city department regarding issues
relevant to that particular department.
B. CHECKING GRADING AND EROSION CONTROL PLANS:
Contractor shall perform the following:
1. Review submittals for completeness.
2. Examine record plans, tour the site in the field, become familiar with the general concept
as proposed by the project applicant relative to compatibility with existing conditions.
3. Determine if the plans are in conformance with the applicable conditions of approval and
the approved tentative map.
4. Determine if the plans meet overall technical conformance and adherence to good design
practice.
5. Determine if the general format for the plan is in conformance with City of Carisbad
requirements.
6. 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
recommendations on necessity for additional soils review and review any such additional
soils reports that are submitted.
7. Compare the grading plan with the grading shown on any and all discretionary approvals
and the conditions thereto applied by the appropriate city body.
8. Compare the grading plan with the improvement plans forthe project.
9. Compare the grading plan with the approved environmental information.
10. Check for the following technical items:
a. Setback from property line;
b. Identification of property and easement lines;
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c. Amounts noted for excavation, fill, import, export, remedial (cubic yards);
d. Cut slope and fill slope inclination ratios;
e. Existing contours;
f. Final grades shown by contours and spot elevations;
g. Location of cut and placement of fill (cut-fill transitions), daylight and limit lines shown
on the plan);
h. Typical lot drainage;
i. Typical berm or swale at the top ofthe fill or slope;
j. Typical brow ditch;
k. Terrace drains;
I. Percent of grade of streets and driveway, length of vertical curves; and
m. Horizontal and vertical site distance cross-checked with improvement plans;
n. Verify compliance with city ordinances, standards, policies and resolutions that apply
to the subject plans.
0. Good engineering practice.
p. Permanent post-construction site design, source control and treatment control BMP's
have been proposed and are consistent with the approved SWMP, if applicable.
q. Review project for compliance with California's statewide General National Pollution
Discharge Elimination System (NPDES) Permit for Storm Water Discharges Associated
with Construction Activities. If applicable, ensure that a Notice of Intent has been filed
with Regional Water Quality Control Board and that a response letter with an assigned
Waste Discharge Identification (WDID) Number has been assigned, is current and that
the WDID number is included on the grading plan title sheet.
11. Check hydrology and hydraulic calculations, and the design of the drainage system for
conformance with city standards, or modifications thereof.
12. Determine any diversion, concentrations or increases in drainage flow, and any potential
for damage to off-site property resulting from such drainage. Check for adequate capacity
of inlets, curbs, brow ditches, and down drains.
13. Check for non-erosive velocities at point of discharge or adequate energy dissipation.
14. Review erosion control plans and check for conformance with the SWPPP, California BMP
Handbook, Municipal Code, and California Regional Board requirements.
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15. Check landscape plans for conformance to the grading plans and for conformance with
intersection sight corridors and corner cut-offs. Verify large trees are not proposed over
proposed public facilities.
16. Provide the city with a completed checklist and a written certification that the plans and
reports are complete and technically correct, and are in conformance with applicable city
codes, standards, and written policies and that they are consistent with any improvement
plans, final map, and other adjacent project-related improvement documents furnished by
the city.
17. Provide, upon request, technical information for letters, agreements, securities, easement
documents and agenda bill with appropriate transmittal information. Submit all plancheck
related documents to the city for the project file.
18. Review project against latest State Storm Water Quality Regulations and ensure project is
incorporating post-development BMP measures to verify that pollutants of concern are
identified and that treatment BMP's meet numeric sizing criteria pursuant to Order 2007-
01, or latest version. Review and require project Storm Water Management Plans (SWMP),
when required per Order 2007-01.
19. Review Storm Water Pollution Prevention Plans (SWPPP's), when required per State
Regional Water Quality Control Board regulations, latest version. Ensure that project's
SWPPP identify the construction BMPs to be implemented during the course ofthe project.
Utilize checklists, prepared by the California Regional Water Quality Control Board, to verify
content and organization of SWPPP's.
20. Determine the accuracy of the quantity calculations, the list of quantities, and the
engineer's cost estimate relative to current adopted unit prices.
21. Review Homeowner's/Property Owner's Association CC&R's for appropriate clauses that
cover maintenance of applicable private improvements and permanent post-construction
BMP's.
22. Review HOA/POA CC&R's for appropriate clauses that cover maintenance of applicable
private improvements.
23. Prior to submitting the first plancheck comments to the city, perform field visit. Take digital
photos of site boundaries, appurtenances and other relevant features. Submit photos with
a photo log to city's project engineer.
24. During the submittal of the first plancheck comments, meet with city's project engineer at
the city. Submit plancheck, photos, photo log and checklist in a project report. The project
report is to include any issues of concern.
25. Subsequent planchecks require a checklist along with the plancheck red lines and written
comments. The checklist is to be developed by the plan checker unless the city issues a city
checklist. The checklist is to have a significant amount of items specific to the plancheck
being performed, including the Conditions of Approval. The city approved planchecker is to
initial each line item ofthe checklist to verify that the item has been reviewed. If the item
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is not relevant, then the contractor planchecker is to initial the item and place a N/A as "not
applicable."
26. The planchecker is to coordinate with the appropriate city department regarding issues
relevant to that particular department.
27. Review retaining walls, verify correct regional standard drawing is called out and all
parameters are appropriate. For non-standard walls, review input and output parameters
on calculations for conformance to soils report, site conditions, and city standards.
CHECKING FINAL MAPS AND PARCEL MAPS
Contractor shall perform the following;
1. Review submittal for completeness.
2. Determine that the map is in conformance with applicable conditions of approval and the
approved tentative map or tentative parcel map.
3. Check that the format is in compliance with the City of Carlsbad Municipal Code Title 20,
and County Map Processing Manual, latest version, and the city final map title sheet
template.
4. Check Title Report and Subdivision Guarantee, and verify that all easements are noted on
the map, the legal description conforms to the map, and all parties required to sign the map
have done so.
5. Check traverse closure for lots, blocks, boundaries and easements for acceptable closure.
6. Check all easements to which the lots are subject, including use and reference if already of
record.
7. Check legal descriptions and plats for any off-site easements; check ownership against title
reports, and prepare deed in conformance with city format.
8. Determine that the title sheet and/or Procedure of Survey sheet includes basis of bearings
(NAD 83 ties), number of lots, acreage of the subdivision, soils report note, and
monumentation notes.
9. Determine that the following certificates and acknowledgments appear on the title sheet:
a. Owner's Certificate signed and acknowledged by all parties having record title
interests, including dedications and offers of dedication;
b. Engineer's or Surveyor's Statement;
c. City Engineer's Statement of Approval;
d. City Clerk's Certificate of Approval by City Council and Acceptance of Offer of
Dedication; and
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e. Such other affidavits, certificates, acknowledgements, endorsements, and notarial
seals as required by the Subdivision Map Act and the Carlsbad Municipal Code.
f. Signature omission statement
10. Determine that map is in conformance with provisions of Land Surveyor's Act, the
Subdivision Map Act, applicable California Civil Code, and any and all discretionary
approvals and the conditions thereto applied by the appropriate city body. Professional
Land Surveyor of responsible charge of the map review shall sign and stamp the map
attesting that the map is technically correct in accordance with the Subdivision Map Act,
latest edition.
11. 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 project-related improvement documents furnished by the
city.
12. Provide, upon request, technical information for letters, agreements, securities, easement
documents, and agenda bills. Subnr|it all plancheck related documents to the city for the
project file.
13. Check that the basis of bearings for the survey is in NAD 83 coordinates pursuant to the City
of Carisbad Digital Submittal Requirements and County Map Processing Manual.
14. Verify signature authorization against the title sheet of map to verify the signature(s) listed
are authorized to bind the company or entity ofthe owner.
15. Ensure that proper signature authority is provided for fee title interests.
16. Prior to submitting the first plancheck comments to the city, perform field visit. Take digital
photos of site boundaries, appurtenances and other relevant features. Submit photos with
a photo log to city's project engineer.
17. During the submittal of the first plancheck comments, meet with city's project engineer at
the city. Submit plancheck, photos, photo log and checklist in a project report. The project
report is to include any issues of concern.
18. Subsequent planchecks require a checklist along with the plancheck red lines and written
comments. The check list is to be developed by the contractor plan checker unless the city
issues a city checklist. The checklist is to have a significant amount of items specific to the
plancheck being performed, including the Conditions of Approval. The city approved
planchecker is to initial each line item of the checklist to verify that the item has been
reviewed. If the item is not relevant, then the planchecker is to initial the item and place a
N/A as "not applicable."
19. The contractor planchecker is to coordinate with the appropriate city department regarding
issues relevant to that particular department.
CHECKING WATER, SEWER AND RECYCLED WATER IMPROVEMENT PLANS
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1. Review the submittals for completeness.
2. Examine record plans, tour the site in the field (as necessary), and become familiar with the
general concepts as proposed by the project applicant for water, sewer, and reclaimed
water facilities for the site.
3. Determine that the water improvement plans are in conformance with the Carlsbad
Municipal Water District's (CMWD's) checklist, the standards for the design and
construction of water, sewer, and reclaimed water facilities, and applicable codes.
4. Determine that the plans are in compliance with the conditions of approval, water, sewer
and reclaimed water master plans, or other agreements as may apply.
5. Determine requirements for on-site and off-site water and sewer easements and whether
they have been obtained/dedicated.
6. Check existing and proposed CMWD easements, to include closure of the traverse, plats,
and legal descriptions as necessary. Approved plats and legal descriptions are to be
transmitted to CMWD with a current title report for further processing.
7. Determine that the water improvement plans are in conformance with the grading plans
and final map, if applicable to the project.
8. Determine the accuracy of the quantity calculations, the list of quantities and the engineer's
cost estimate relative to current adopted unit prices.
9. Check the water improvement plans for overall technical conformance and adherence to
good design practice.
10. Review plancheck submittals with city staff to discuss significant review comments and/or
unresolved issues.
11. Review public potable water distribution and transmission mains, laterals, booster pump
stations, and pressure reducing stations designs against Carlsbad Municipai Water District
Standards, latest edition or revision thereof. Among other actions, but at minimum,
contractor shall review point-of-connection, pipe layout, hydraulic grade line, pressure
design, pipe material, critical bends, valves layout, meters, thrust blocks, stationing, cross-
connects with recycled water, hydrant locations, blow-off and manual air release locations,
automatic air release locations, depth of pipe, vertical conflicts, easements, accessibility,
offset from curb, pressure at each lot, meter sizing, meter location, and fire services.
Contractor shall coordinate with city for special design considerations.
12. Review public sewer lines and pump station designs against Carlsbad Municipal Water
District Standards, latest edition or revision thereof. Among other actions, Contractor shall
review point-of-connection, sewer alignment, cleanout locations, access hole placement,
depth of sewer, gravity flow, easements, accessibility, sewer laterals, invert elevations,
vertical conflicts, and sewer lateral tables. Contractor shall coordinate with city for special
design considerations.
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13. If applicable, review Homeowner's/Propertyowner's Association CC&R's for appropriate
clauses that cover maintenance of applicable private improvements and permanent post-
construction BMP's.
14. Priorto submitting the first plancheck comments to the city, perform field visit Take digital
photos of site boundaries, appurtenances and other relevant features. Submit photos with
a photo log to city's project engineer.
15. During the submittal of the first plancheck comments, meet with city's project engineer.
Submit plancheck, photos, photo log and checklist in a project report. The project report is
to include any issues of concern.
16. Subsequent planchecks require a checklist along with the plancheck red lines and written
comments. The checklist is to be developed by the plan checker unless the city issues a city
checklist. The checklist is to have a significant amount of items specific to the plancheck
being performed, including the Conditions of ApprovaL The city approved planchecker is to
initial each line item of the checklist to verify that the item has been reviewed. If the item
is not relevant, then the planchecker is to initial the item and place a N/A as "not
applicable."
17. The planchecker is to coordinate with the appropriate city department regarding issues
relevant to that particular department
E. STORM WATER STANDARDS QUESTIONNAIRE REVIEW TO DETERMINE APPLICABLE STORM
WATER STANDARDS.
F. STORM WATER MANAGEMENT PLAN (SWMP)/WATER POLLUTION CONTROL PLAN (WPCP)
REVIEWS
1. Review SWMP and WPCP for compliance with the City of Carlsbad Standard Urban Runoff
Management Plan (SUSMP) Storm Water Standards manual.
2. Review existing, anticipated and potential pollutants of concern associated with the
development for conformance with in-situ conditions.
3. Review hydrologic unit, sub unit and water body nomenclature and EPA Section 303(d) list
for impaired water bodies status.
4. Verify applicable stormwater standards to review individual priority project categories
applicable to priority projects. Verify compliance with required site design, source control
and treatment control BMPs.
5. Review adequacy of recommended source control, site design and treatment control Best
Management Practices (BMP's) for applicability to the existing, anticipated, and potential
pollutants relative to removal efficiencies and impacts to applicable 303(d) listed waters.
6. Review adequacy of Low Impact Development design features incorporated into the project
as mitigating measures for impacts to storm water quality due to increased volume flow
rates, velocities and durations.
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7. Revise applicability of hydromodification requirements as they apply to development
projects. Ensure adequate hydromodification controls are incorporated into the project as
required by the SUSMP.
8. Ensure that all approved post-construction permanent treatment controls BMP and
hydromodification facility information is included on the title sheet ofthe grading plans in
standard format.
9. Verify whether flow-based or volume-based numeric sizing requirements are met relative
to the proposed design and treatment control BMP(s).
10. Evaluate the rationalization and justification of selected treatment control BMPs relative to
other available and more effective BMPs.
11. Review the operation and maintenance procedures for all proposed Low Impact Design
(LID), source control and treatment control BMP's and ensure that all maintenance
practices, methods, frequencies and respective responsibilities are well defined through
appropriate narrative and details.
12. Secure the recordation of an executed standard Permanent Stormwater Quality Best
Management Practice Maintenance Agreement that ensures perpetual maintenance ofthe
BMP's associated with the project.
G. OTHER PLANCHECKING SERVICES
Contractor may occasionally be requested to perform planchecking services for projects other
than improvements or grading plans or final maps. The work may include plancheck of Adjustment
Plats, Certificates of Compliance, Reversion to Acreage, Dedication/Quitclaim of Easements,
Street Vacations, or other projects.
H. MONTHLY MEETINGS
The contractor is to attend monthly plancheck meetings. The meetings will be attended by city
staff and other contractors (plancheckers). Issues such as policies, procedures, regulations,
standards, and updates will be presented or discussed. The frequency ofthe meetings may be
reduced overtime.
I. OTHER SERVICES
Contractor may occasionally be requested to perform other engineering services including
studies, reports, cost estimates, etc. A specific scope of work will be prepared by city for such
work which will be done by contractor for an agreed upon not-to-exceed fee unless otherwise
agreed to in writing and approved by the city engineer.
2. CITY OBLIGATIONS
A. Upon initial receipt of a request for plancheck, the city shall perform a preliminary review of
the plans to ensure that complete plan packages per the applicable city submittal checklist
are submitted before forwarding them to the contractor.
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B. Prior or concurrent with forwarding of the plans to the contractor, city staff shall route to
each affected department or agency, a complete set of plans and include the following as a
minimum: copy of conforming tentative map or other discretionary approval, copies of all
applicable resolutions showing the conditions of approval, cost estimate, associated studies,
corrected plans and previous checkprints (during resubmittal). Upon receipt of comments
from affected departments or agency, city staff shall transmit the comments to the
contractor.
C. City shall provide the contractor with the following documents:
1. A copy of "Title 20: Subdivisions" and "Title 15.16: Grading and Erosion Control" ofthe
Carlsbad Municipal Code, and all revisions as they are adopted, (available online)
2. A copy ofthe latest edition ofthe "City of Carlsbad Standards" (available online)
3. A copy of the latest City of Carlsbad Final Map Title Sheet Template.
4. A copy of any other written policies, standards, or criteria adopted or used by city
applicable to contractor's planchecking services as described above.
D. In addition to prints of the plans to be checked, the city will furnish to the contractor the
following;
1. A print ofthe grading plan, improvement plan, and proposed final map ofthe project, if
applicable.
2. A print of any adjacent improvement plans, (available online)
3. A copy of the conforming tentative map and tentative map conditions and/or any other
applicable discretionary approval.
E. Collect the necessary fees, securities and deposits required forthe project from the applicant.
F. Provide contractor with access, use of city project files, data printouts, and conference rooms
as appropriate.
G. Nothing in this agreement shall be construed to obligate city to provide any work to the
contractor, city reserves the right, at its sole discretion, to assign plans for checking to
Contractor, to perform planchecks with its own forces, or to assign plans for checking to
another consulting firm.
H. Before improvement plans are assigned to contractor, city shall review the cost estimate, as
prepared by the Engineer-of-Work, and verify the "cost basis" (Basis) for contractor fees. Any
items included in the cost estimate that the city decides the contractor should not review can
be removed from the Basis at the discretion of the city. City shall add remarks on the plan
check assignment sheet informing Contractor not to review specific portions of the
improvement plan. City will reduce the contractor fees accordingly.
3. PROGRESS AND COMPLETION
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Contractor shall complete planchecks according to the following schedule:
A. First plancheck: complete and return to citv within fifteen (15) working davs of notice to
pick up.
B. Second and third planchecks: complete and return to city within ten (10) working davs of
notice to pick up.
C. Mylar: complete and return to city within five (5) working davs of notice to pick up.
D. Construction revisions to grading or improvement plans: complete and return to city
within three (3) working davs of notice to pick up.
Failure to meet the stipulated return times shall result in a 5% reduction in the payments due for
that particular plancheck turnaround, resulting in an equal cost reduction in the fee due under
Exhibit "A" forthe total plancheck. [Example: First plancheck turnaround late fee = (TOTAL FEE x
40%) x 95%]. Penalty would not be recovered at end of plancheck.
4. FEES TO BE PAID TO CONTRACTOR
The total amount ofthe fee for planchecking services for each set of plans shall be as shown in
Exhibit "1", Schedule of Fees, except as otherwise provided for in Section 3.
Fee shall become payable according to the following schedule:
First plancheck completed 40% of total fee
Second plancheck completed 25% of total fee
Third plancheck completed 20% of total fee
Plan or map approval and submittal of written certification
of plancheck 15%* of total fee
*Actual amount may be adjusted so that 100% of total fee based on citv-approved quantities or
cost estimates (or reductions to the estimate imposed by city) is paid. City may reduce the final
cost estimate used for final payment, if the estimate includes items not plan checked by
contractor.
5. PAYMENT OF FEES
Each month, contractor shall submit his/her invoice for work performed during the prior month.
Payment ofapproved items on the invoice shall be mailed to the contractor within thirty (30) days
after receipt of invoice.
6. FINAL SUBMISSIONS
Concurrent with certification and approval ofthe final plancheck, the contractor shall deliver to
the city the following items:
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A. Completed checklists for city file.
B. Copies of the approved technical documents for city files including, but not limited to final
map, grading plans, improvement plans, plats, legal descriptions, traverse calculations,
Covenants, Conditions, & Restrictions (CC&R's), cost estimates, title reports,
hydrology/hydraulic studies. Storm Water Management Plans, Storm Water Pollution
Prevention Plans, soils reports, geotechnical reports, slope stability analysis, letter of
permission for offsite work, non interference letters, etc. that were reviewed and approved
as part ofthe project.
C. Certification of department approvals (e.g.: Planning, Transportation, Utilities Design, Utilities
Operations, etc.
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SCHEDULE OF FEES
For plancheck of:
I. IMPROVEMENT PLANS
Estimated Cost of Improvements Contractor Fee
Up to $20,000 5.0% $260 minimum
$20,001 to $50,000 4.0% $1,310 minimum
$50,001 to $100,000 3.0% $2,620 minimum
$100,001 to $250,000 2.5% $3,930 minimum
$250,001 to $500,000 2.0% $8,180 minimum
$500,001 to $1,000,000 1.5% $13,100 minimum
$1,000,001 and above .75% $19,660 minimum
2. GRADING PLANS
Amount Fee
101 Cubic Yards or Less $140
101 to 1,000 Cubic Yards $560 for the first 100 cubic yards plus $70 for
each additional 100 cubic yards or fraction
thereof.
1,001 to 10,000 Cubic Yards $1,420 for the first 1,000 cubic yards plus $70 for
each additional 1,000 cubic yards or
fraction thereof.
10,001 to 100,000 Cubic Yards $2,190 for the first 10,000 cubic yards plus $120
for each additional 10,000 cubic yards or
fraction thereof.
100,001 to 200,000 Cubic Yards $3,330 forthe first 100,000 cubic yards plus $140
for each additional $10,000 cubic yards or
fraction thereof.
200,001 Cubic Yards or More $5,390 for the first 200,000 cubic yards plus $70
for each additional 100,000 cubic yards or
fraction thereof.
Contractor Fee
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3. Final Map
4. Parcel Map
5. Adjustment Plat
6. Certificate of Correction
7. Dedication of Easement
8. Street Vacation (Summary)
9. Street Vacation
10. Quitclaim of Easement
11. Construction Change
12. Certificate of Compliance (in lieu of parcel map)
13. Certificate of Compliance (per parcel)
14. Storm Water Pollution Prevention Plan (SWPPP)
15. Storm Water Management Plan (SWMP)
16. Non-Standard Retaining Walls
AMOUNT (Engineer's Estimate)
0 - $50,000
$50,001 - $250,000
$250,000+
$2,820 plus $5/acre
$1,565
$635
$270
$350
$500
$520
$345
$280 plus $110/sheet
$1,700
$280
$260 plus $30/acre
$100 plus $50 per Yi acre
FEE
$250
$250 plus 0.25% of estimate
0.25% of estimate
$1,000 minimum
22
City Attorney Approved Version 4/1/15
Donna Heraty
From: Donna Heraty
Sent: Friday, June 12, 2015 4:33 PM
To: 'sean.mccart@atkinsglobal.com'
Cc: Shelley Collins; Jason Geldert
Subject: REQUIRED CONFUCT OF INTEREST
Attachments: Resolution No. 2015-050.pdf
To Whom It May Concern:
You are receiving this email because your company has a consultant agreement with the City of Cartsbad. The City of
Cartsbad's Conflict of Interest Code requires all consultants to file a statement disclosing certain economic interests, that
may foreseeably be affected materially by any decisions made, or participated in, by a designated official because of
their position. To comply with this requirement a Statement of Economic Interest Form 700 "Assuming Office" is
required to be filed with the City of Cartsbad City Clerk's Office.
To file your Assuming Office statement, please follow the instructions below:
• As reflected in the City Conflict of Interest Code - Resolution No. 2015-050 (attached), the employee(s) of your
company that work directly with citv staff are required to complete the Statement of Economic Interest Form
(Form 700). Consultants are required to claim -
Category (A) Investment and Real Property Disclosure
Category (B) Personal Income Disclosure
Category (C) Business Entity Income Disclosure
Category (D) Business Position Disclosure
• Your "Assuming Office" date for this filing is June 11, 2015.
• Even if there are no reportable interests, the cover page is still required to be completed with box "None" in
Section 4 checked.
• THE COMPLETED FORiVI 700 IS DUE IN THE CITY CLERK'S OFFICE BY 5:00 PM. JULY 13. 2015.
Mailing Address: Citv Clerk's Office. 1200 Cartsbad Village Drive. Cartsbad. CA 92008.
• Form 700
• Form 700 Reference Pamphlet
Other documents vou mav use as reference:
• FAQ: Form 700 Disclosure
• Local Gift Fact Sheet
• Resolution Nos. 2012-114 and 2013-237
In addition, when your contract with the City of Carlsbad is completed, the employee(s) that filed the Assuming Office
statement is/are required to file a "Leaving Office" statement, utilizing the same Form 700 and entering the date the
contract ended in the "Leaving Office" date line, and submitting to the City Clerk's Office no later than 30 days following
completion ofthe agreement.
"•"^Failure to file the Assuming and/or Leaving Office statement(s) could result in penalties assessed at $10.00 per day,
not to exceed $100.00, in addition to any other penalties per California Government Section Code 91013.
If you have any questions or need additional information, please feel free to contact me or the Fair Political Practices
Commission (FPPC) at 1-866-ASK-FPPC (1-866-275-3772).
Sincerely,
Donna Heraty.
CARLSBAD
Donna Heraty, CMC
Deputy City Clerk
City of Cartsbad
1200 Cartsbad Village Drive
Cartsbad, CA 92008
www.cartsbadca.gov
P: 760-434-2808
F: 760-720-6917
donna.heratv@cartsbadca.gov
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