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HomeMy WebLinkAboutPost Buckley Schuh & Jernigan Inc; 2007-06-14; PWENG604PWENG604 AMENDMENT NO. 1 TO EXTEND AND AMEND AGREEMENT FOR ENGINEERING PLANCHECKING SERVICES (POST, BUCKLEY, SCHUH & JERNIGAN, INC.)) This Amendment No. 1 is entered into and effective as of the ^ day of 2010, extending and amending the agreement dated June 14, 200^(fHe "Agreement") by and between the City of Carlsbad, a municipal corporation, ("City"), and Post, Buckley, Schuh & Jernigan, Inc., a Florida corporation, ("Contractor") (collectively, the "Parties"). RECITALS A. The Parties desire to alter the Agreement's scope of work to extend and fund the Agreement for a period of one (1) year. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. That the Agreement, as may have been amended from time to time, is hereby extended for a period of one (1) year ending on June 13, 2011 on a time and materials basis not-to-exceed one hundred fifty thousand dollars ($150,000). 2. All other provisions of the Agreement, as may have been amended from time to time, will remain in full force and effect. 3. All requisite insurance policies to be maintained by the Contractor pursuant to the Agreement, as may have been amended from time to time, will include coverage for this Amendment. City Attorney Approved Version #05.22.01 4. The individuals executing this Amendment 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 Amendment. CONTRACTOR POST, BUCKLEY, SCHUH & JERNIGAN, INC., a Florida corporation d/b/a\PBS&J *By: CITY OF CARLSBAD, a municipal corporation of the State of California iity Manager David J. Carter, Senior Vice President (print name/title) DJCarter@pbsj.com (e-mail address)ATTEST: (sign here) Rene de los Rios, Assistant Secretary (print name/title) Rdelosrios@pbsj.com (e-mail address) 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: RONALD R. BALL, City Attorney Deputy City Attorney City Attorney Approved Version #05.22.01 AGREEMENT FOR ENGINEERING PLANCHECKING SERVICES (POST, BUCKLEY, SCHUH & JERNIGAN, INC.) THIS AGREEMENT is made and entered into as of the v day of L(i rvv<L^ _ , 2007, by and between the CITY OF CARLSBAD, a municipal colration, ("City"), and POST, BUCKLEY, SCHUH & JERNIGAN, INC., a Florida corporation, ("Contractor"). RECITALS A. City requires the professional services of a contractor 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. Selection of Contractor is expected to achieve the desired results in an expedited fashion. D. 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 conditions. 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 three (3) years from the date first above written. The City Manager may amend the Agreement to extend it for one (1) additional one (1) year period or part thereof in an amount not-to-exceed one hundred fifty thousand dollars ($150,000) per Agreement year. Extensions will be based upon a satisfactory review of Contractor's performance, City needs, and appropriation of funds by the City Council. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. City Attorney Approved Version #11.28.06 32? 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 four hundred fifty thousand dollars ($450,000). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. 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 outlined in attached Exhibit "A". 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 entitled. 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 election, 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 Services, 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. City Attorney Approved Version #11.28.06 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' compensation 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 less than "A-: V". 10.1 Coverages and Limits. Contractor will maintain the types of coverages and minimum limits indicated below, unless City Attorney 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 of the insurance specified 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. 10.1.1 Commercial General Liability Insurance. $1.000.000 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 Liability (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. City Attorney Approved Version #11.28.06 10.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code and Employer's Liability limits of $1,000,000 per accident for bodily injury. Workers' Compensation and Employer's Liability insurance will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. 10.1.4 Professional Liability. 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 General Liability. 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 of the 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. 10.5 Submission of Insurance Policies. City reserves the right to require, at anytime, complete and certified copies of any or all required insurance policies and endorsements. 11. BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. City Attorney Approved Version #11.28.06 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 representative 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 notices or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. For City: Name John G. O'Donnell Title Senior Civil Engineer Dept Public Works-Engineering For Contractor: Name Title Carmen Kasner Program Manager CITY OF CARLSBAD Address 1635 Faraday Avenue Carlsbad, CA 92008-7314 Phone No. (760) 602-2783 POST, BUCKLEY, SCHUH & JERNIGAN, INC. Address 9275 Sky Park Court, Suite 200 San Diego, CA 92123 Phone No. (858)874-1810 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 City will evaluate Contractor's duties pursuant to this Agreement to determine whether disclosure under the Political Reform Act and City's Conflict of Interest Code is required of Contractor or any of Contractor's employees, agents, or subcontractors. Should it be determined that disclosure is required, Contractor or Contractor's affected employees, agents, or subcontractors will complete and file with the City Clerk those schedules specified by City and contained in the Statement of Economic Interests Form 700. City Attorney Approved Version #11.28.06 Contractor, for Contractor and on behalf of Contractor's agents, employees, subcontractors and consultants warrants that by execution of this Agreement, that they have no interest, present or contemplated, in the projects affected by this Agreement. Contractor further warrants that neither Contractor, nor Contractor's agents, employees, subcontractors and consultants have any ancillary real property, business interests or income that will be affected by this Agreement or, alternatively, that Contractor will file with the City an affidavit disclosing this interest. 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 regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. 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 that the services required by this Agreement. 18. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 19. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise 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 forwarded to both parties involved along with recommended methods of resolution, which would 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 resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded 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. City Attorney Approved Version #11.28.06 20. TERMINATION In the event of the 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 notification of termination, 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 of the 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 of the 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 determination as to the portions of tasks completed and the compensation 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 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 of the 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 of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et 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 litigation costs, including attorney'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 jurisdiction is grounds for City to terminate this Agreement. City Attorney Approved Version #11.28.06 23. JURISDICTIONS AND VENUE Any action 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 or 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 entire 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 writing signed by both parties. City Attorney Approved Version #11.28.06 8 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 condition^ of this Agreemer CONTRACTOR POST, BUCKLEY, SCHUH & JERNIGAN, INC., a Florida corporation *By: V y 0% m i B f i ^^duOft » »C€ »**?5*O* ATTEST: (print name/title) LORRAINE M. WOOD City Clerk (e-mail address) (sign herg) Chattel D. No*n Assistant Secretary (print name/title) (e-mail address) 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: RONALD R. BALL, City Attorney Deputy City Attorney City Attorney Approved Version #11.28.06 NOTARY ACKNOWLEDGEMENT STATE OF FLORIDA } COUNTY OF MIAMI-DADE } PERSONALLY APPEARED before me, the undersigned authority, Richard M. Grubel and Charles D. Nostra , well known to me or who has produced as identification and known by me to be the Senior Vice President and Assistant Secretary of the corporation named above, and acknowledged before me that they executed the foregoing instrument on behalf of said corporation as its true act and deed, and that they were duly authorized to do so. WITNESS my hand and official seal this llth day of May, 2007. DEBORAH LYNN SHIMEL MY COMMISSION #00 452060 EXPIRES: November 13,2009 Bonded Thru Notaiy Public U )TARY PUBMC' Print Name: DEBORAH LYNN SHIMEL My Commission Expires: Nov. 13, 2009 EXHIBIT "A" SCOPE OF SERVICES 1. CONTRACTOR'S OBLIGATIONS The Contractor shall provide qualified professional engineering and land surveying plancheck services in accordance with the "Project Engineer's Manual", latest edition, as published by the City's Engineering Department, City "Standards for Design & Construction of Public Works Improvements in the City of Carlsbad" and shall provide all facilities, equipment, and standard engineering reference materials necessary to perform as required herein. A. CHECKING IMPROVEMENT PLANS: Contractor shall perform the following work for each 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 the project applicant for access, drainage, sewer and water facilities to the site 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 or site plan. 4. Determine if the general format for the plan is in conformance with City of Carlsbad requirements, or modifications thereof. 5. Check hydrology and hydraulic calculations, and the design of the storm drain system in conformance with the City standards, or modifications thereof. 6. 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. 7. Determine requirements for easements necessary to encompass the facility and whether they have been obtained before plan approval. City Attorney Approved Version #11.28.06 10 8. Determine if any work is proposed that requires a temporary construction or slope easement necessary to construct the improvements. Easements must be obtained prior to plan approval. 9. Check adequacy and availability of sewer and water services and the respective pipe sizing when requested. Coordinate with sewer and water agencies to ensure plan consistency. All agency approvals must be obtained prior to City approval. 10. Check sight distances, horizontal radius, and vertical curves on streets. Coordinate sight distance requirements with landscape plans. 11. Determine that the plans, as submitted, are in conformance with the Carlsbad Municipal Code, the City of Carlsbad Standards, Carlsbad Municipal Water District Standards, and other applicable standards used by the City. 12. Determine if the plans meet overall technical conformance and adherence to good design practice. 13. Determine that the striping, signing, traffic signals, and all other traffic control equipment are shown on the plans in conformance with the Carlsbad Municipal Code, City of Carlsbad Standards, and other applicable codes and standards used by the City and in coordination with the City Traffic Engineer. 14. Determine that traffic signals, intersection control, detour, phasing, and all other sequence plans are shown on the plans in conformance with the Carlsbad Municipal Code, City of Carlsbad Standards, and other applicable codes and standards used by the City. 15. 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 planchecks within the Contractor's responsibilities. 16. Determine that street medians, if required, are shown on the plans in conformance with the Carlsbad Municipal Code, City of Carlsbad Standards, City of Carlsbad Landscape Manual, and other applicable codes and standards used by the City. City Attorney Approved Version #11.28.06 11 17. Determine the accuracy of the quantity calculations, list of quantities, and contingencies between the engineer's cost estimate and the plans relative to current adopted unit prices. 18. 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. 19. Provide, upon request, technical information for letters, agreements, securities, easement documents and agenda bills with appropriate transmittal information. Submit all plancheck related documents to the City for the project file. 20. 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 2001-01, or latest version. Review and require project Storm Water Management Plans (SWMP), when required per Order 2001-01. 21. Review Storm Water Pollution Prevention Plans (SWPPP's), when required per 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 of the project. Utilize checklists, prepared by the California Regional Water Quality Control Board, to verify content and organization of SWPPP'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 to City's Project Engineer. 24. 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. City Attorney Approved Version #11.28.06 12 US 25. Subsequent planchecks require a Check list along with the plancheck red lines and written comments. The check list 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." 26. 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 Carlsbad 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 for the project. 9. Compare the grading plan with the approved environmental information. City Attorney Approved Version #11.28.06 13 M\s 10. Check for the following technical items: a. Setback from property line; b. Identification of property and easement lines; 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 of the 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 check this with improvement plans. n. Verify compliance with City Ordinances, Standards, policies and resolutions that apply to the subject plans. o. 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. City Attorney Approved Version #11.28.06 14 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. 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 2001 -01, or latest version. Review and require project Storm Water Management Plans (SWMP), when required per Order 2001- 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 SWPPP's identify the construction BMP's to be implemented during the course of the project. Utilize checklists, prepared by the California Regional Water Quality Control Board, to verify content and organization of SWPPP's. City Attorney Approved Version #11.28.06 15 U 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 Check list along with the plancheck red lines and written comments. The check list 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 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. C. 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 Section 20, and County Map Processing Manual, latest version, or any modifications thereof. City Attorney Approved Version #11.28.06 16 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 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. 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. City Attorney Approved Version #11.28.06 17 12. Provide, upon request, technical information for letters, agreements, securities, easement documents, and agenda bills. Submit 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 Carlsbad 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 of the 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 Check list 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. D. CHECKING WATER, SEWER AND RECYCLED WATER IMPROVEMENT PLANS 1. Review the submittals for completeness. City Attorney Approved Version #11.28.06 18 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 Municipal 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. City Attorney Approved Version #11.28.06 19 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. 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. 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. 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 Check list along with the plancheck red lines and written comments. The check list 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 REQUIREMENTS APPLICABILITY CHECKLIST REVIEW TO DETERMINE APPLICABLE STORM WATER BMP REQUIREMENTS. F. STORM WATER MANAGEMENT PLAN (SWMP)TWATER 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. City Attorney Approved Version #11.28.06 20 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. Review individual priority project categories applicable to priority projects for compliance with required site design, source control and treatment control BMP's. 5. Review 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 Low Impact Development design components as mitigating measures for impacts to storm water quality due to increased volume flow rates, velocities and durations. 7. Review proposed development relative to adopted hydromodification policies and procedures for technical accuracy and application. 8. Ensure that all approved post-construction permanent BMP information is included on the title sheet of the grading plans in standard format. 9. Evaluate volume flow rate and volume based numeric sizing requirements relative to the proposed design and treatment control BMP(s). 10. Evaluate the rationalization and justification of proposed treatment control BMP's relative to other available and equally effective BMP(s). 11. Review the operation and maintenance procedures for all proposed site 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 of the BMP's associated with the project. City Attorney Approved Version #11.28.06 21 F. 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. G. 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 of the meetings may be reduced over time. H. 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. 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" of the Carlsbad Municipal Code, and all revisions as they are adopted. City Attorney Approved Version #11.28.06 22 2. A copy of the latest edition of the "Standards for Design and Construction of Public Works Improvements in the City of Carlsbad." 3. A copy of the latest edition of the "Carlsbad Rules & Regulations for Construction of Public Potable Water Mains". 4. A copy of the latest edition of the "Carlsbad Reclamation Rules & Regulations for Construction of Reclaimed Water Mains". 5. A copy of the latest edition of the "Carlsbad Standard Sewer System Design Criteria and Standard Drawings & Specifications". 6. 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 of the grading plan, improvement plan, and proposed final map of the project, if applicable. 2. A print of any adjacent improvement plans. 3. A copy of the conforming tentative map and tentative map conditions and/or any other discretionary approval applicable. E. Collect the necessary fees, securities and deposits required for the 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. City Attorney Approved Version #11.28.06 23 3. PROGRESS AND COMPLETION Contractor shall complete planchecks according to the following schedule: A. First plancheck: complete and return to City within fifteen (15) working days of notice to pick up. B. Second and third planchecks: complete and return to City within ten (10) working days of notice to pick up. C. Mylar: complete and return to City within five (5) working days of notice to pick up. D. Construction revisions to grading or improvement plans: complete and return to City within three (3) working days 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" for the 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 of the 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 City- 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. City Attorney Approved Version #11.28.06 24 5. PAYMENT OF FEES On the 5th working day of each month, Contractor shall submit his/her invoice for work performed during the prior month. Payment of approved items on the invoice shall be mailed to the Contractor within thirty (30) days after receipt of invoice if received by the above date. 6. FINAL SUBMISSIONS Concurrent with certification and approval of the final plancheck, the Contractor shall deliver to the City the following items: 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 of the project. C. Certification of department approvals (e.g.: Planning, Traffic, Maintenance and Operations, Design, etc. City Attorney Approved Version #11.28.06 25 For plancheck of: SCHEDULE OF FEES 1. IMPROVEMENT PLANS Estimated Cost of Improvements Jpto J20.001 to 150,001 to>1 00,001 to 5250,001 to 5500,001 to 11,000,001 $20,000 $50,000 $100,000 $250,000 $500,000 $1 ,000,000 and above Contractor Fee 5.0% 4.0% 3.0% 2.5% 2.0% 1.5% .75% < < < ( $! $1 $260 51,310 52,620 >3,930 J8.180 3,100 9,660 minimum minimum minimum minimum minimum minimum minimum 2. GRADING PLANS ?""• *~ 1 01 Cubic Yards or Less 101 to 1 ,000 Cubic Yards 1 ,001 to 10,000 Cubic Yards 10,001 to 100,000 Cubic Yards 100,001 to 200,000 Cubic Yards 200,001 Cubic Yards or More ,; VSJTBTS. $130 $520 $1,310 $2,020 $3,070 $4,970 for the first 1 00 cubic yards plus $70 for each additional 1 00 cubic yards or fraction thereof. for the first 1 ,000 cubic yards plus $70 for each additional 1 ,000 cubic yards or fraction thereof. for the first 1 0,000 cubic yards plus $1 20 for each additional 1 0,000 cubic yards or fraction thereof. for the first 100,000 cubic yards plus $140 for each additional $10,000 cubic yards or fraction thereof. for the first 200,000 cubic yards plus $70 for each additional 100,000 cubic yards or fraction thereof. 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 Parcel 14. Water Pollution Control Plan Report 15. Storm Water Management Plan Report Contractor Fee $2,620 plus $5/acre $1,520 $590 $250 $320 $500 $520 $320 $260 plus$110/sheet $1,580 $260 $50 $50 26 City Attorney Approved Version #11.28.06