HomeMy WebLinkAbout1984-04-17; City Council; 7343-2; Willdan Associated Contract revisionsCIT OF CARLSBAD - AGENDA ^ILL
MTG 4/17/84
DEPT.ENG
TITLE" APPROVING REVISED WILLDAN ASSOCIATES CONTRACT
" FOR ENGINEERING SERVICES AND
AUTHORIZING TRANSFER OF FUNDS
DEPT. HD.
CITY ATTY
CITY MGR.
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RECOMMENDED ACTION:
1. Adopt Resolution No. 7573 approving the revised Willdan Associates Contract,
authorize Mayor to sign on behalf of City, and authorizing City Engineer to
approve Developer requests for overtime or expedited plan checks.
2. Adopt Resolution No.75"7f authorizing Finance Director to transfer funds.
ITEM EXPLANATION:
At their meeting of April 5, 1983, Council approved an agreement with Willdan
Associates to perform engineering plan check services for the City of Carlsbad.
For Fiscal Year 1983-84, the Engineering Department set aside funds in the amount
of $30,000 in the Professional Services Account to make payment for work performed
by Willdan Associates under the terms of the approved agreement.
Since that time, the developmental workload within the Engineering Department has
risen dramatically. The need for outside plan check services has resulted in a
total invoice amount by Willdan Associates of $98,242.36. The cost of these
services, including staff time, are borne entirely by Developers through the
payment of Engineering Plan Check Fees. Staff will recommend that Council
authorize the transfer of sufficient funds to cover the cost of the Willdan
Associates plan check services.
In addition, Engineering staff is recommending Council approval of a revised
contract with Willdan Associates for expansion of their engineering services to
include grading and final map plan checks and construction inspection services.
Currently the contract allows only for the checking of improvement plans. The
extremely high level of development work in the City has resulted in prolonged
turn-around times and a general decrease in the level of service provided to both
Citizens and Developers.
The proposed fees presented in the revised agreement for grading and final map plan
checks represent a moderate increase over the fees currently collected by the City.
Staff is not prepared to recommend that these fees be increased at this time. The
City is currently engaged in a cost account study to determine the appropriate
overhead rates for the various departmental functions. Until this report is
complete, staff would not feel comfortable in setting a new fee.
Instead, staff is recommending Council authorization to approve Developers'
requests for expedited grading and final map plan checks provided additional fees
are paid consistent with the fees proposed in the revised Willdan contract. In the
past few months, staff has received numerous requests from Developers for overtime
or expedited plan checks but did not have any mechanism to accomplish the requests.
Should Council so authorize, staff would have greater flexability and develop a
base of experience on which better to judge the establishment of new fees.
Staff would like to make it clear to Council and the Public that the increased fees
for grading and final map plan checks are entirely at the option of the Developer.
Plan checks for grading plans and final maps will continue to be handled by City
staff under existing fees.
Page 2 of AB No . -73 */J -*/
Should the Developer have a need to process the plans at a more rapid rate than can
be accommodated by City staff, they have the option of processing their plans under
the terms of the proposed Willdan Associates Contract at a slightly higher rate.
The fee charged by the City for this service will be as noted in the proposed
contract, plus an additional 25% for the City staff's administrative expenses.
An added feature of the revised contract is the provision for subdivision
improvement inspection services. Currently these services are handled by two
Engineering Construction Inspectors. With many large Capital Improvement Projects
now reaching the construction stage and the increased development activity, staff's
existing resources will be severely strained. The provision of outside inspector's
services will greatly relieve this pressure and possibly reduce the need for
additional full-time inspectors in the upcoming Fiscal Year Budget.
The fee proposed for engineering inspection services is consistent with existing
fees charged by the City and no adjustments would need to be made. The fee
proposed for improvement plan check services under the revised contract is 5% less
than under the existing contract. This reduction is due to the fact that current
improvement plan checks require a cross-check with the grading plan and final map,
which would now be paid for by separate fees.
Engineering staff is requesting that Council authorize the transfer of an
additional $100,000 from the Unappropriated General Fund Balance to the Engineering
Department's Professional Services Account. $70,000 of this amount will be used to
pay existing invoices under the current Willdan contract. The additional $30,000
will allow the Engineering Department to continue these services to the new Fiscal
Year.
FISCAL IMPACT:
All fees paid the Consultant for engineering plan check and inspection services are
recovered through Developer's fees for each of the various services performed. The
current and proposed "overtime" fee structure provides sufficient funds to cover
the City's administrative and Consultant Management costs.
Since the beginning of the Fiscal Year to the end of February, the City has
collected fees in the amount of $215,415 for Improvement Plan checks, $160,646 for
Improvement Inspection, $15,466 for Grading Plan checks, and $10,347 for Final Map
reviews. For this year to date, revenus exceed Budget estimates by about $142,000.
By law, all fees collected for these services must be spent in providing these
services.
EXHIBITS:
1. Revised Will dan Associates Agreement
2. Resolution No.j/jS approving the revised Willdan Improvement Agreement and
authorizing the Mayor to sign on behalf of the City.
3. Resolution No. "7^ 7Y authorizing the Finance Director to transfer funds and
appropriate.
NO.7573
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING A REVISED AGREEMENT BETWEEN THE CITY
OF CARLSBAD AND WILLDAN ASSOCIATES FOR ENGINEERING SERVICES,
AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT.
The City Council of the City of Carlsbad, California, does hereby resolve
as follows:
1. That the certain revised agreement between the City of Carlsbad and
Willdan Associates for engineering plan check services, a copy of which is
attached hereto and made a part hereof, is hereby approved.
2. That the Mayor of the City of Carlsbad is hereby authorized and
directed to execute said agreement for and on behalf of the City of Carlsbad.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of
the City of Carlsbad, California, held on the i7th day of April »
1984, by the following vote, to wit:
AYES: Council Members Casler, Kulchin, Lewis and Prescott
NOES: None
ABSENT: Council Member Chick
d^
ATTEST:
---. _ ..MARY H. CASLER, Mayor
ALETHA L. RAUTENKRANZ, UtyClerk
(SEAL)
RESOLUTION NO. 7574
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, AUTHORIZING THE FINANCE DIRECTOR TO APPROPRIATE
FUNDS FOR REVISED WILLDAN CONTRACT.
4 WHEREAS, the Finance Director is authorized to appropriate and transfer
5 funds to the Fiscal Year 1983-84 Engineering Operating Budget; and
6 WHEREAS, additional funds in the amount of $100,000 will be necessary to
7 pay for past and future services under the Will dan Associates Contract for
8 Engineering services;
9 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
10 'Carlsbad, California, as follows:
11 1. That the above recitations are true and correct.
12 2. That a transfer of One Hundred Thousand Dollars ($100,000) from the
13 Unappropriated General Fund Balance to the Engineering Department's
14 Professional Services Account is hereby authorized and approved.
15 PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City
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Council held on the 17th day of April , 1984, by the following
17 vote, to wit:
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AYES: Council Menibers Casler, Lewis, Kulchin and Presoott
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NOES: None
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ABSENT: Council Menber Chick
"E'%'~T—t—^ r-r '
22 MARY H. CASLER, Mayor
23 ATTEST:
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ALETHA L. RAUTENKRANZ, City Clerk A
25 ^(SEAL)
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AGREEMENT FOR
ENGINEERING PLAN CHECK SERVICES
THIS AGREEMENT, made and entered into as of the
day of gxJLt 19 fV . by and between the CITY OF
CARLSBAD, a municipal corporation, hereinafter referred to as
"City," and WILLDAN ASSOCIATES, a California Corporation,
hereinafter referred to as "Consultant."
RECITALS
City requires the services of an Engineering Consultant
to provide the necessary engineering services for plan check of
subdivision improvement plans, grading plans, and final maps; for
inspection of subdivision improvements, and other services that
may be required; and
Consultant possesses the necessary skills and
qualifications to provide the services required by City;
NOW, THEREFORE, in consideration of these recitals and
the mutual covenants contained herein, City and a Consultant
agree as follows:
1. CONSULTANT'S OBLIGATIONS
A. In checking of improvement plans, Consultant shall
perform the following work for each project:
1. Examine plans, tour the site in the field, and become
familiar with general concepts as proposed by the
project applicant for access, drainage, sewer, and
water facilities to the site.
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2. Determine if the plans are in conformance with
applicable conditions of approval and the approved
tentative map.
3. Check hydrology and hydraulic calculations, and the
design of the storm drain system.
4. Determine any diversions, concentrations or increases in
drainage flow, and any potential for damage to off-site
property resulting from such drainage. »
5. Determine requirements for off-site easements and
whether they have been obtained.
6. Determine any encroachments on adjacent property.
7. Check adequacy and availability of sewer and water
service and the respective pipe sizing.
8. Check stopping sight distance, horizontal radius, and
vertical curves on streets.
9. Determine that the plans as submitted, are in
conformance with the Carlsbad Municipal Code, the City
of Carlsbad Standards, and other applicable standards
used by the City.
10. Determine that the improvement plans are in conformance
with the approved grading plan and final map, if
applicable to the project. A copy of the grading plan
and final map will be furnished with the improvement
plans. The City may elect to check the grading plan and
final map or include these plan checks within the
Consultant's responsibilities.
11. Determine the accuracy of the quantity calculations and
the list of quantities.
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12. Pick jp and deliver plans to anu from the City
office on a schedule acceptable to the City
Engineer.
13. Provide the City with a completed checklist
and written certification that the plans are
complete and accurate, and are in conformance
with applicable City Codes, Standards, and
written policies, that they are consistent
with any grading plans, final map, and any other
adjacent improvement documents furnished by the
City.
B. In checking of grading plans, Consultant shall perform
the following:
1. Examine plans, tour the site in the field, become
familiar with the general concept as proposed by
the project applicant.
2. Determine if the plans are in conformance with
applicable conditions of approval and the approved
tentative map.
3. Determine if the general format for the plan is
in conformance with City of Carlsbad requirements.
4. Compare the grading plan with the recommendations
in the soils report provided and check that the
specifications and details in the soils report
are included in the plans. Make recommendation
on necessity for additional soils review.
5. Compare the grading plan with the grading shown
on the tentative map.
6. Compare the grading plan with the improvement
plans for the project.
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7. Compare the grading plan with the approved environmental
i nformation.
8. Check for the following technical items:
a. Set back from property line.
b. Identification of property and easement lines.
c. Amounts noted for excavation, fill, and import or
export (cubic yards).
d. Cut slope and fill slope ratios.
e. Existing contours.
f. Final grades shown by contours or spot elevations.
g. Location of cut and placement of fill (daylight and
limit lines shown on the plan).
h. Typical lot drainage.
i. Typical berm or swale at the top of the fill.
j. Typical brow ditch.
k. Terrace drains.
1. Percent of grade of streets and driveways, length of
vertical curves,
m. Horizontal and vertical site distance; cross check
this with improvement plans.
9. Check hydrology and hydraulic calculations, and the
design of the drainage system.
10. Determine any diversions, concentrations or increases in
drainage flow, and any potential for damage to off-site
property resulting from such drainage. Check for
adequate capacity of brow ditches and down drains.
11. Check for non-erosive velocities at point of discharge
or adequate energy dissipation.
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12. Review erosion control measures and check for
conformance with applicable codes and the City's Model
Erosion Control Ordinance attached to the Carlsbad
Master Drainage Study.
13. Provide the City with a completed checklist and a
written certification that the plans are complete and
technically correct, and are in conformance with
applicable City Codes, Standards, and written policies,
that they are consistant with any improvement plans,
final map, and other adjacent improvement documents
furnished by the City.
C. In checking of final maps, Consultant shall perform the
following:
1. Determine that the map is in conformance with applicable
conditions of approval and the approved tentative map.
2. Check that the format is in compliance with the City of
Carlsbad requirements.
3. Check Title Report and Subdivision Guarantee, and verify
that all easements are noted on the map, the legal
description conforms with the map, and all parties
required to sign the map have done so.
4. Check traverse closure for lots, blocks, and boundaries
and easements for acceptable closure.
5. Check all easements to which the lots are subject,
including use and reference if already of record.
6. Check legal descriptions and plats for any off-site
easements; check ownership against title reports, and
prepare deed in conformance with City format.
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7. Determine that the title sheet and/or Procedure
• of Survey sheet includes basis of bearings,
number of lots, acreage of the subdivision,
soils report note, and monumentation notes.
8. Determine that the following certificates and
acknowledgements appear on the title sheet:
a. Owners' Certificate signed and acknowledged
by all parties having record title interest,
including dedications and offers of dedications.
b. Engineer's or Surveyor's Certificate.
c. City Engineer's Certificate of Approval.
d. City Clerk's Certificate of Approval by City
Council and Acceptance of Offer of Dedication.
e. Such other affidavits, certificates, acknow-
ledgements, endorsements, and notarial seals
as required.
9. Determine that map is in conformance with provisions
of Surveyor's Act and the Subdivision Map Act.
10. Provide the City with a completed checklist and a
written certification that the map is complete and
technically correct and is in conformance with
applicable City Codes, Standards, and written
policies; that it is consistent with any improvement
plans, grading plans, and any other adjacent
improvement documents furnished by the City.
D. In inspecting of public improvements, Consultant shall
perform the following:
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1. Meet with City Engineer's representative and determine
project background as well as potential problem area or
unique characteristics.
2. Meet with Engineer of Work and Contractor prior to
commencement of construction. Ensure that Contractor
has received all appropriate approvals from the City,
other public agencies, and affected private property
owners.
3. Provide inspection to assure public improvements are
being installed in accordance with approved plans.
4. Assure that proper certifications related to grades and
soil compaction and other requirements of applicable
City Codes and Standards are obtained from Owner's Civil
Engineer and Soil Engineer.
5. Notify proper authorities when violations are observed.
6. Provide daily inspection logs in conformance with the
requiremments of the City Engineer.
7. Maintain Inspector's File on each project and make sure
all certification, notes, and correspondence are entered
into the file.
8. Keep up a set of Inspector's plans with all revisions
and field changes noted in red.
9. Verify the "as built" plans, including a cross check
with the Inspector's red line plans.
10. Respond to all requests from surety companies relating
to status of construction bonds.
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11. Respond to Citizen complaints relating to the
construction improvements in accordance with City
procedures.
12. Review requested field changes and prepare
recommendation for City Engineer's review and
determi nation.
13. Provide coordination with utility and other agencies
involved in the construction.
14. Coordinate the final inspection, including setting-up
the final-walk throughs, development of punch lists, and
securing of agency and departmental sign-offs.
15. Prepare necessary Agenda Bill for Council acceptance of
the public improvements in a format acceptable to the
City Engineer.
16. Provide written certification that project has been
completed in accordance with plans and specifications
suitable for acceptance by City.
2. CITY OBLIGATIONS
A. Upon initial receipt of a request for plan check, the City
shall perform a preliminary review of the plans to insure that
complete plans are submitted before forwarding them to the
Consultant.
B. City shall provide the Consultant with the following
documents:
1. A copy of "Title 20: Subdivisions" and "Title 11.06:
Excavation and Grading" of the Carlsbad Municipal
Code.
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2. A copy of "Carlsbad Standards".
3. A copy of any other written policies, standards, or
criteria adopted or used by City.
C. In addition to prints of the plans to be checked, the City
will furnish to the Consultant the following:
1. A print of the grading plan and proposed final map of
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the project, if applicable.
2. A print of any adjacent improvements.
3. A copy of the tentative map and tentative map
conditions or any other discretionary approval
applicable.
D. Nothing in this agreement shall be construed to obligate
City to provide any work to the Consultant. City reserves the
right, at its sole discretion, to send plans for checking for
checking to Consultant, to perform plan checks with its own forces,
or to send plans for checking to another consulting firm.
3. PROGRESS AND COMPLETION
A. The Consultant shall pick-up plans for checking within two
(2) working days from the Date of Notification by the City to do
so.
B. From the time of pick-up of plans from the City to
delivery back to the City, the Consultant shall complete each check
within the time specified below:
1) First Check 10 working days
2) Second Check 5 working days
3) Third Check 5 working days
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FEES TO BE PAID TO CONSULTANT
A. For Improvement Plan Checks:
1) The fee to be paid to the Consultant shall be
based on a fixed percentage of the estimate of
the cost of the improvements. The estimate
shall be based on the latest edition of "Unit
Prices for Checking Subdivisions and Permits"
used by the City of San Diego unless the Applicant
knows that a specific unit price should be higher,
in which case the higher price shall be used.
The City Engineer may direct the Applicant to
use a different price or pricing schedule should
he determine the schedule used was inappropriate.
2) The schedule of fees to be paid to the Consultant
for improvement plan checking is as follows:
Estimated Cost of Improvements Consultant Fee
$~0to $20,000 2.10% ($140 minimum)
$20,000 to $50,000 1.75% ($420 minimum)
$50,000 to $100,000 1.40% ($875 minimum)
$100,000 to $250,000 1.23% ($1,400 minimum)
$250,000 to $500,000 1.05% ($3,060 minimum)
$500,000 to $1,000,000 0.88% ($5,250 minimum)
Over $1,000,000 0.70% ($8,750 minimum)
B. For Grading Plan Checks:
1) The fee to be paid the Consultant shall be based
on the total cubic yards proposed to be graded in
accordance with the schedule provided below. The
minimum fee paid the Consultant shall be set at
$150.
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Grading Amount Consultant Fee
0 - 99,999 Cubic Yards $4.50 per 1000 Cubic
Yards or fraction thereof
($150 minimum)
100,000 - 1,000,000
Cubic Yards $3.00 per 1000 Cubic
Yards or fraction thereof
($450 minimum)
Over 1,000,000 Cubic
Yards $2.00 per 1000 Cubic
Yards or fraction thereof
($3,000 minimum)
2) The fee for checking underground storm drains and
facilities shall be the same as the fee charged for
improvement plan checks.
C. For Final Map Plan Checks:
1) The fee to be paid to the Consultant for final
map reviews shall be as follows:
$375.00, plus $7.50 for each lot
D. Improvement Inspection:
1) The fee to be paid the Consultant for improvement
inspection services shall be 1.7% of the Engineer's
Estimate.
5. PAYMENT OF FEES
On the first working day of each month, Consultant shall
submit it's invoice for the work performed during the prior month.
Payment of approved items on the invoice shall be mailed to the
Consultant prior to the 25th day of the month the invoice was
submi tted.
The Consultant shall be paid 90% of the plan check fee
upon completion of the first plan check for each set of plans.
The balance shall be paid to the Consultant upon completion of the
plan checking and submittal to the City of written certification
that the plans are complete as provided in Paragraph 4.
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The Consultant shall be paid for improvement inspection services
based upon the percentage completion of the jobs being inspected at
increments of 2S%. The final 25% payment shall be made upon Council
acceptance for public improvements and City Engineer's acceptance for
private improvements.
6. COVENANT AGAINST CONTINGENT FEES
Consultant warrants that it has not employed or retained any
company or person, other than a bona fide employee working for the
Consultant, to solicit or secure this agreement, and that
Consultant has not paid or agreed to pay any company or person,
other than a bona fide employee, any fee, commission, percentage,
brokerage fee, gift, or any other consideration contingent upon, or
resulting from the award or making this agreement. For breach or
violation of this warranty, City shall have the right to annul this
agreement without liability, or, in its discretion, to deduct from
the agreement price or consideration, or otherwise recover, the
full amount of such fee, commission, percentage, brokerage fee,
gift, or contingent fee.
7. TERMINATION OF CONTRACT
In the event of the Consultant's failure to prosecute,
deliver, or perform the work as provided for in this contract, City
may terminate this contract for non-performance by notifying the
Consultant by certified mail of the termination of the contract.
The Consultant, thereupon, has five (5) working days to deliver
said documents owned by the City and all work in progress to the
City Engineer. The City Engineer shall make a determination of
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fact based upon the documents delivered to City of the percentage
of work which the Consultant has performed which is usable and of
worth to the City in having the contract completed. Based upon
that finding as reported to the City Council, the Council shall
determine the final payment of the contract.
8. DISPUTES
If a dispute should arise regarding the performance of work
under this agreement, the following procedure shall be used to
resolve any question of fact or interpretation not otherwise
settled by agreement between parties. Such questions, if they
become identified as a part of a dispute among persons operating
under the provisions of this contract, shall be reduced to writing
by the principal of the Consultant or the City Engineer. A copy of
such documented dispute shall be forwarded to both parties involved
along with recommended methods of resolution which would be of
benefit to both parties. The City Engineer or principal receiving
the letter shall reply to the letter along with a recommended
method of resolution within ten (10) days.
9. RESPONSIBILITY OF THE CONSULTANT
The Consultant is hired to render professional services to
perform plan checks and any payments made to Consultant are
compensation solely for such services. Consultant shall provide
certifications as required herein properly signed and with
Registered Civil Engineer's number.
10. SUSPENSION OR TERMINATION OF SERVICES
This agreement may be terminated by either party upon
tendering thirty (30) days written notice to the other party. In
the event of such suspension or termination, upon request of the
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City, the Consultant shall assemble the work product and put same
in order for proper filing and closing and deliver said product to
City. In the event of termination, the Consultant shall be paid
for work performed to the termination date. The City shall make
the final determination as to the portions of tasks completed and
the compensation to be made.
11. STATUS OF THE CONSULTANT
The Consultant shall perform the services provided for herein
in a manner of Consultant's own choice, as an independent
contractor and in pursuit of Consultant's independent calling, and
not as an employee of the City. Consultant shall be under control
of the City only as to the result to be accomplished and the
personnel assigned to the project. However, Consultant shall
confer with the City as provided for in this agreement.
12. CONFORMITY TO LEGAL REQUIREMENTS
The Consultant shall cause all drawings and specifications to
conform to all applicable requirements of law: Federal, State, and
local .
13. OWNERSHIP OF DOCUMENTS
All plans, studies, sketches, drawings, reports, and
specifications as herein used and required are the property of the
City, whether the work for which they are made be executed or not.
In the event this contract is terminated, all documents, plans,
specifications, drawings, reports, and studies shall be delivered
forthwith to the City.
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14. HOLD HARMLESS AGREEMENT
The City, its agents, officers and employees shall not be
liable for any claims, liabilities, penalties, fines, or any damage
to goods, properties, or effects of any person whatever, nor for
personal injuries or death caused by, or resulting from, or claimed
to have been caused by, or resulting from, any act or omission of
Consultant or Consultant's agents, employees, or representatives
done pursuant to or in furtherance of Consultant's duties under
this agreement. Consultant agrees to defend, indemnify, and save
free and harmless the City and its authorized agents, officers, and
employees aginst any of the foregoing liabilities or claims or any
kind and any cost and expense that is incurred by the City on
account of any of the foregoing liabilities, including liabilites
or claims by reason of alleged defects in any plans and
specifications, unless the liability or claim is due, or arises out
of, solely to the City's active negligence.
15. ASSIGNMENT OF CONTRACT
The Consultant shall not assign this contract or any part
thereof or any monies due thereunder without the prior written
consent of the City.
16. SUBCONTRACTING
If the Consultant shall subcontract any of the work to be
performed under this contract by the Consultant, Consultant shall
be fully responsible to the City for the acts and omissions of
Consultant's subcontractor and of the persons either directly or
indirectly employed by the subcontractor, as Consultant is for the
acts and omissions of persons directly employed by Consultant.
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Nothing contained in this contract shall create any contractual
relationship between any subcontractor of Consultant and the City.
The Consultant shall bind every subcontractor and every
subcontractor of a subcontractor by the terms of this contract
applicable to Consultant's work unless specifically noted to the
contrary in the subcontract in question approved in writing by the
City.
17. PROHIBITED INTEREST
No official of the City who is authorized in such capacity on
behalf of the City to negotiate, make, accept, or approve, or take
part in negotiating, making, accepting, or approving of any
architectural, engineering inspection, construction or material
supply, or any subcontractor in connection with the construction of
the project, shall become directly or indirectly interested
personally in this contract or in any part thereof. No officer,
employee, architect, attorney, engineer, or inspector of or for the
City who is authorized in such capacity and on behalf of the City
to exercise any executive, supervisory, or other similar functions
in connection with the performance of this contract shall become
directly or indirectly interested personally in this contract or
any part thereof.
18. VERBAL AGREEMENT OR CONVERSATION
No verbal agreement or conversation with any officer, agent,
or employee of the City, either before, during, or after the
execution of this contract, shall affect or modify any of the terms
or obligations herein contained nor such verbal agreement or
conversation entitle the Consultant to any additional payment
whatsoever under the terms of this contract.
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19. SUCCESSORS OR ASSIGNS
Subject to the provisions of Paragraph 14, Hold Harmless
Agreement, all terms, conditions, and provisions hereof shall
insure to and shall bind each of the parties hereto, and each of
their respective heirs, executors, administrators, successors and
assigns.
20. EFFECTIVE DATE
This agreement shall be effective on and from the day and
year first above written.
21. CONFLICT OF INTEREST
The Consultant shall file a conflict of interest statement
with the City Clerk of the City of Carlsbad. The Consultant shall
report investments or interests in real property.
The Consultant expressly affirms that he will perform no plan
check services on any plans prepared by his firm or any plans for
Applicants, which are also clients of the Consultant, where there
is any possibility of a conflict of interest. The Consultant shall
immediately notify the City Engineer of any circumstances which may
lead to a conflict of interest.
22. INSURANCE
The Consultant shall obtain and maintain a policy of
liability insurance from an insurance company authorized to be in
business in the State of California, in an insurable amount of not
less than one million dollars ($1,000,000). This insurance shall
be in force during the life of this agreement and shall not be
cancelled without ten (10) days prior notice to City.
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The City shall be named as an additionally insured on this
policy. The Consultant shall furnish a certificate of said
insurance to City upon request.
23. EXTRA WORK
The Consultant, in performing his services, shall not do
extra work in excess of this agreement without the written
permission of the City or its designated representative.
24. WORKING DAY DEFINITION
For the purpose of measuring plan check performance, the
working days specified in Paragraph 4 starts on the work day after
the Consultant is notified the plans are ready for pick-up, and
includes the day plans are delivered back to the City by the
Consultant. Work days do not include Saturdays, Sundays, or City
hoi id ays.
IN WITNESS WHEREOF, we have hereunto set our hands and seals.
WILLDAN ASSOCIATES CITY OF CARLSBAD
L.j^ X" fl M M* AW t
B
Mayor
MtTe
ATTEST:
a^ <>(• K fiuCity Clerk ^/y'Attorney