Loading...
HomeMy WebLinkAbout1984-11-13; City Council; 7954; Developmental Processing Engineering ServiceCIT CARLSBAD — AGENDA JILL AR* 79jrV MTfl 11/13/84 DPPT ENG TITLE: DEVELOPMENTAL ENGINEERING PROCESSING SERVICE DEPT HD. 0C CITY ATTYv rP> CITY IMIGR. <^*C_ §o:a.a. RECOMMENDED ACTION: Adopt Resolution No. checking services by approving the contract for plan Schatzmann, Thompson and Associates as appropriated in the 1984-85 Fiscal Year Budget for the City of Carlsbad . ITEM EXPLANATION: Plan checking is being done part-time by Len Schatzmann of Schatzmann, Thompson and Associates until the Associate Civil Engineer position vacated by Dave Hauser has been filled. The Personnel Department is currently advertising for this position. Mr.Schatzmann's current agreement with the City will expire on or about November 16, 1984. The sum of Mr. Schatzmann's contracts exceeds $10,000 and, therefore, requires Council approval. FISCAL IMPACT: Funds are currently available in the Engineering Department Developmental Services budget in the amount of $9,960.00, Account No. 001-3120-2470 for Professional Services. EXHIBITS: 1. Resolution No. 7ft*I "7 approving the contract for services with Schatzmann, Thompson and Associates. 2. Copy of the contract for services. 3 4 5 6 ' Council concurs, that plan checking must be made readily 8 10 11 12 13 14 15 16 17 18 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 7817 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING THE CONTRACT FOR PLAN CHECKING SERVICES WITH SCHATZMANN, THOMPSON AND ASSOCIATES. WHEREAS, the City Manager recommends and the City available in order for the City to fulfill its obligations; and WHEREAS, the Engineering Department is currently short one staff member in this area; and WHEREAS, a satisfactory agreement to provide such services has been negotiated; and WHEREAS, the funds are budgeted for Fiscal Year 1984-85 in the City's Operating Budget; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That the contract for plan checking services is approved for continuance. 3. That the expenditure of $9,960.00 from the budgeted appropriation in Account No. 001-3120-2470 is authorized. 1 2 3 4 5 6 7 MARY H. /ASLER, Mayor 10 " LA11--- ' --- 5 -ALETHA L. RAUTENKRANZ, City C#erk 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED by the City Council of the City of Carlsbad at a regular meeting held on the 13th day of Noventoer , 1984, by the following vote, to wit: AYES: Council Meirbers Casler, Lewis, Kulchin, Chick and Prescott NOES: None ABSENT: None ATTEST: (SEAL) AGREEMENT FOR DEVELOPMENT PROCESSING ENGINEERING SERVICES THIS AGREEMENT, made and entered into as of the 19th day of November, 1984, by and between the CITY OF CARLSBAD, a municipal corporation, hereinafter referred to as "City," and SCHATZMANN, THOMPSON AND ASSOCIATES, hereinafter referred to as "Consultant." RECITALS City requires the services of a Development Processing Engineer to serve in City's Engineering Department under the" general direction of the City Engineer, and Consultant has offered to provide such Development Processing Engineer, a Mr. Len Schatzmann, who by reason of education and experience is well qualified to serve as the City's Development Processing Engineer, and The purpose of this agreement is to engage Consultant to provide Len Schatzmann to function as part of the staff of the City in the position of Development Processing Engineer. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Consultant agree as follows: 1 . CONSULTANT'S OBLIGATIONS The Consultant Engineer shall act in a professional capacity to assist the Current Development Division of the Engineering Department in the review and processing of developmental permits and applications through the City. Special responsibilities of the Consultant Engineer shall be as follows: A. Provide limited technical supervision of City staff and Consultant plancheckers in their review of grading plans, final maps, and improvement plans. B. Generally follow established procedure for the review and processing of permits and applications. Assist in the- development of improved procedures for the processing of grading plans, final maps, and improvement plans. C. Provide review of developmental plans, documents, and calculations for conformance with City Codes' Standards, regulations, and good engineering practice. Keep check lists and make certifications as to adequacy of completed plancheck. D. Provide overall management for the processing of grading plans, final maps, and improvement plans through the City, including distribution of plans to the utilities and the City's Consultant planchecker. E. Assist in other engineering tasks necessary to complete developmental planchecks through the Engineering Department, including the preparation of necessary agenda bills for Council approval. F. Keep daily time sheets, project logs, and submit weekly time reports. G. Have a comprehensive general liability insurance, including personal injury liability, blanket contractural liability, and broadform property damage liability. The combined single limit for bodily injury and property damage shall be not less than $300,000. H. Have automobile bodily injury and property damage liability insurance covering owned, non-owned, rented, and hired automobiles. The combined single limit for bodily injury and property damage shall be not less than $500,000. 2. CITY OBLIGATIONS Under the general direction of the City Engineer and subject to the provisions of Section 9 of this agreement, the City shall: A. Provide Consultant with work space, a telephone, materials and supplies, and clerical and technical support, as required. B. Set the schedule of days and hours Consultant shall work with the understanding that the City requires a minimum of 20 hours per week unless otherwise agreed to by mutual consent. The City shall use its best efforts to consider the needs of Consultant in setting his hours. C. Make available to Consultant obtainable records, reports, and other documents deemed necessary by Consultant to properly perform the services required by City. 3. FEES TO BE PAID TO CONSULTANT A. Under the general direction of the City Engineer and subject to the provisions of Section 9 of this agreement, the City shall compensate Consultant for services performed under Article 1 above, at a rate of $35 per hour computed only on the time actually at the office or in the field in Carlsbad. B. Transportation shall be provided by the Consultant and no additional compensation shall be provided for transportation to or from home to the workplace. C. Transportation for field trips and to meetings within the City, shall be provided by Consultant and shall be reimbursed at the current City's approved rate per mile for such transportation. D. Additional expenses for meetings outside the City, including meals, shall be reimbursed by the City on the basis of actual cost when specifically approved by the City Engineer. E. Compensation for Consultant services other than those agreed to above shall be on an hourly rate basis as mutually agreed upon by City Engineer and Consultant. 4. PAYMENT OF FEES Fees earned pursuant to Section 3A of this agreement shall be paid within twenty (20) days of delivery of monthly billing based on time and materials expended, provided, however, that no fees shall be paid until the bill has been verified and approved by the City Engineer. Payment of any fees pursuant to this Section shall 7 not constitute a waiver by City of any breach of any part of this agreement. Reimbursement pursuant to Sections 3.C and 3.D of this agreement shall be made in accordance with existing City reimbursement policies. 5. 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. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the dispute shall be forwarded to the City Manager through the Office of the City Engineer for consideration. The City Manager may then opt to consider the directed solution to the problem. In such cases, the action of the City Manager shall be binding upon the parties involved, although nothing in this procedure shall prohibit the parties seeking remedies available to them at law. 6. RESPONSIBILITY OF THE CONSULTANT The Consultant is hired to render professional service only, and any payments made to Consultant are compensation solely for such services as Consultant may render and recommendations Consultant may make in the course of the tasks specified in this agreement. 7. 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 City, the Consultant shall assemble all City documents in the Consultant's possession and put same in order for proper filing and closing and deliver said documents 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. 8- STATUS OF THE CONSULTANT The Consultant shall perform the services provided for herein in Consultant's own way as an independent contractor and in pursuit of Consultant's Independent calling, and not as an employee of the City. Consultant shall be under the direction and control of the City Engineer only as to the assignment of tasks, the result to be accomplished and the personnel assigned to the project. The Consultant shall consult with the City Engineer as necessary to ensure compliance with this agreement. 9 . CONFORMITY TO LEGAL REQUIREMENTS The Consultant shall cause all drawings and specifications to conform to all applicable requirements of law: Federal, State, and local. Consultant shall provide all necessary supporting documents, to be filed with any agencies whose approval is necessary. The City will provide copies of the approved plans to any other agencies. 10. OWNERSHIP OF DOCUMENTS All plans, studies, sketches, drawings, reports and specifications as herein required are the property of the City, whether the work for which they are made be executed or not. In the event this contract is terminated, all documents, plans, specifications, drawings, reports and studies shall be delivered forthwith to the City. Consultant shall have the right to make one (1) copy of the plans for his records. 11. 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. 12. 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. 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. 13. 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. 14. SUCCESSORS OR ASSIGNS 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. 15. EFFECTIVE DATE This agreement shall be effective on and from the day and year first above written. 16.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. IN WITNESS WHEREOF, we have hereunto set our hands and seals. SCHATZMANN, THOMPSON AND ASSOCIATES CITY OF CARLSBAD: F. D. ALESHIRE CITY MANAGER Title