HomeMy WebLinkAbout1984-11-13; City Council; 7954; Developmental Processing Engineering ServiceCIT CARLSBAD — AGENDA JILL
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TITLE:
DEVELOPMENTAL
ENGINEERING
PROCESSING
SERVICE
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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.
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' Council concurs, that plan checking must be made readily
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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.
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MARY H. /ASLER, Mayor
10 " LA11--- ' --- 5 -ALETHA L. RAUTENKRANZ, City C#erk
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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
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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
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