HomeMy WebLinkAboutRBF CONSULTING; 2011-06-16; CED822AGREEMENT FOR PLANCHECKING SERVICES CED822
(RBF CONSULTING)
THIS AGREEMENT is made and entered into as of the /£>"^ day of
2011, by and between the CITY OF CARLSBAD, a municipal
corporation, ("City"), and RBF CONSULTING, a California 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 periods or parts thereof in an amount not to exceed ninety thousand dollars
($90,000) 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.
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
two hundred and seventy thousand dollars ($270,000). The amount will not exceed ninety
thousand dollars ($90,000) per agreement year. 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".
City Attorney Approved Version 2.18.11
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.
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-:VII". OR
City Attorney Approved Version 2.18.11
with a surplus line insurer on the State of California's List of Eligible Surplus Line Insurers
(LESLI) with a rating in the latest Best's Key Rating Guide of at least "A:X".
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.
10.1.3 Workers' Compensation and Employer's Liability. 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 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.
If box is checked, Professional Liability
City's Initials Contractor's Initials Insurance requirement is waived.
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
City Attorney Approved Version 2.18.11
3
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.
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 For Contractor
Name Glen K. Van Peski Name Richard Lucera
Title Senior Civil Engineer Title Project Manager
Department Land Development Eng Address 5050 Avendia Encinas Suite 260
City of Carlsbad Carlsbad CA 92008
Address 1635 Faraday Ave Phone No. 760-476-9193
Carlsbad CA 92008
Phone No. 760-602-2783
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.
City Attorney Approved Version 2.18.11
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 Carlsbad Conflict of Interest Code. The Contractor shall report
investments or interests in all four categories.
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.
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.
City Attorney Approved Version 2.18.11
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.
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 2.18.1 1
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.
CONTRACTOR
RBF CONSULTING, a California
corporation
"By:
(sign here)
(print name/title)
Douglas J. Frost. Executive VP & CFO
(print name/title)
CITY OF CARLSBAD, a municipal
corporation of the State of California
,. City Manager &f-MayQr-Qf-Que&$M~SBA£> I"'/,^vrv;,.,: ."••>-? .<•
ATTEST:
LORRAINE M. WOOD
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:
RONALD R. BALL, City Attorney
By:
D^puty'C'ity Attorney^
City Attorney Approved Version 2.18.11
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 "City of Carlsbad Engineering
Standards" 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.
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
City Attorney Approved Version 2.18.11
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.
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.
City Attorney Approved Version 2.18.11
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 Homeowner/Property Owner Association's Covenants,
Conditions, & Restrictions 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.
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 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.
City Attorney Approved Version 2.18.11
10
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.
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);
City Attorney Approved Version 2.18.11
11
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-checked 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.
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.
City Attorney Approved Version 2.18.11
12
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 of the
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.
City Attorney Approved Version 2.18.11
13
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 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.
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.
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 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.
City Attorney Approved Version 2.18.11
14
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.
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
City Attorney Approved Version 2.18.11
15
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.
D. CHECKING WATER, SEWER AND RECYCLED WATER
IMPROVEMENT PLANS
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.
City Attorney Approved Version 2.18.11
16
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.
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.
City Attorney Approved Version 2.18.11
17
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.
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.
City Attorney Approved Version 2.18.11
18
8. Ensure that all approved post-construction permanent treatment
controls BMP and hydromodification facility information is included
on the title sheet of the 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 of the 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 of the meetings may be reduced
over time.
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
City Attorney Approved Version 2.18.11
19
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, (available online)
2. A copy of the latest edition of the "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 of the grading plan, improvement plan, and proposed final
map of the 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 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.
City Attorney Approved Version 2.18.11
20
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
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 Attorney Approved Version 2.18.11
21
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 of approved 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 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, Transportation,
Utilities Design, Utilities Operations, etc.
City Attorney Approved Version 2.18.11
22
SCHEDULE OF FEES
For plancheck of:
1. IMPROVEMENT PLANS
Estimated Cost of Improvements
Up to $20,000
$20,001 to $50,000
$50,001 to $100,000
$100,001 to $250,000
$250,001 to $500,000
$500,001 to $1,000,000
$1,000,001 and above
2. GRADING PLANS
Contractor Fee
5.0% $260 minimum
4.0% $1,310 minimum
3.0% $2,620 minimum
2.5% $3,930 minimum
2.0% $8,180 minimum
1.5% $13,100 minimum
.75% $19,660 minimum
Amount
101 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
Fee
$140
$560
$1,420
$2,190
$3,330
$5,390
for the first 100 cubic yards plus $70
for each additional 100 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 10,000 cubic yards plus
$120 for each additional 10,000 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.
23
City Attorney Approved Version 2.18.11
Contractor Fee
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 1/2 acre
$250
$250
FEE
plus 0.25% of estimate
0.25% of estimate
$1,000 minimum
24
City Attorney Approved Version 2.18.11