HomeMy WebLinkAbout1985-08-20; City Council; 7343-4; Willdan Associates contract amendementOF CARLSBAD — AGENL BILL
MTQ. 8/JP/85
DEPT..ENG
- "AMENDMENT TO THE WILLDAN ASSOCIATES
PLAN CHECKING AND INSPECTION
CONTRACT - FY 85-86
RECOMMENDED ACTION:
Adopt Resolution No.
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approving the amendment to the agreement with
Willdan Associates for plan check and inspection services as appropriated in
the 1985-86 Fiscal Year Budget for the City of Carlsbad.
ITEM EXPLANATION;
The FY 85-86 budget for the Engineering Department contains funds for the
continued employment of Willdan Associates to conduct plan checking for the
Engineering Department. At the present time, we have a contract signed by
Willdan Associates, which is subject to continuance based on the expenditure
of funds already appropriated in the budget. We are recommending approval of
the amendment to the contract described as follows (Section 3, Paragraph B,
Item 1):
First check turn around time shall be changed from ten (10) working days
to five (5) working days. It should be noted that some discretion by the
City Engineer should be allowed for unusually large sets of plans that are
impractical to check in five (5) days.
FISCAL IMPACT;
Funds currently in the budget are as follows:
Plan Checking 01-31-20-2470 $130,000.00
The cost for this service is offset by plan checking fees collected from the
developer at the time of first submittal. The fee schedule is described on
pages 10 and 11 of the Agreement. All major improvement plans are checked by
Willdan based on a cost of 70% of the fee collected by the City. Grading
plans and final maps may be expedited through Willdan based on a cost of 75%
of an increased expedition fee paid by the developer.
EXHIBITS;
1. Resolution No. JPV *£ 7 approving the continuance of the agreement with
Willdan Associates for services as appropriated in the 1985-86 Fiscal Year
Budget for the City of Carlsbad.
2. Agreement dated April 18, 1984.
3. Amended Agreement.
RESOLUTION NO. 8144
1 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING
2 THE CONTINUANCE OF THE CONTRACT FOR PLAN
CHECKING SERVICES BY WILLDAN ASSOCIATES.
3
4 WHEREAS, the City Manager recommends and the City Council concurs, that
5 additional plan checking services must be made available in order for the City
6 to fulfill its obligations; and
7 WHEREAS, a satisfactory agreement to provide such services has been
8 negotiated; and
9 WHEREAS, the funds have been budgeted for Fiscal Year 1985-86 in the
10 City's operating budget;
11 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
12 Carlsbad, California, as follows:
13 1. That the above recitations are true and correct.
14 2. That the current agreement with Willdan Associates is amended and
15 approved for continuance as follows: First check shall be changed from 10
16 days to 5 days.
17 PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City
18 Council held on the 20th day of ^August , 1985 by the following vote, to
19 wit:
20 AYES: Council Msrriaers Casler, Lewis, Kulchin, Chick and Pettine
21 NOES: None
22 ABSENT: None
23 ATTEST- MARY H. C^SLER, Mayor
25 ALETHA L. RAUTENKRANZ, City Clerk
26 (SEAL)
27
28
AGREEMENT FOR ENGINEERING
PLAN CHECK SERVICES
THIS AGREEMENT, made and entered into as of the day
of , 19 , 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 qualifi-
cations 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
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become familiar with general concepts as proposed
by the project applicant for access, drainage,
sewer, and water facilities to the site.
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
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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.
12. Pick up and deliver plans to and 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
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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.
7. Compare the grading plan with the approved
environmental information.
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,
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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.
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 consistent 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
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tentative map.
Check that the format is in compliance with the
City of Carlsbad requirements.
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 .
Check traverse closure for lots, blocks, and
boundaries and easements for acceptable closure.
Check all easements to which the lots are subject,
including use and reference if already of record.
Check legal descriptions and plats for any off-
site easements; check ownership against title
reports, an prepare deed in conformance with City
format.
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.
Determine that the following certificates and
acknowledgements appear on the title sheet:
a. Owner's Certificate signed and acknowledged by
all parties having record title interest,
including dedications and offers of
dedications.
b. Engineer's or Surveyor's Certificate.
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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,
acknowledgements, 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:
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 Soils
Engineer.
5. Notify proper authorities when violations are
observed.
6. Provide daily inspection logs in conformance with
the requirements 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.
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
,'n
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determination.
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 ensure
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.
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
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City will furnish to the Consultant the following:
1. A print of the grading plan and proposed final map
of 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 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 5 working days
2. Second Check 5 working days
3. Third Check 5 working days
4. 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
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cost of 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
$15to$20,000" 2.10% ($140 minimum)
$20,000 to $50,000 1.75?£ ($420 minimum)
$50,000 to $100,000 1.4055 ($875 minimum)
$100,000 to $250,000 1.2358 ($1,400 minimum)
$250,000 to $500,000 1.0558 ($3,060 minimum)
$500,000 to $1,000,000 O.B8% ($5,250 minimum)
Over $1,000,000 0.70?o ($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.
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 $3.00 per 1000 Cubic
Cubic Yards Yards or fraction thereof
($450 minimum)
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Over 1,000,000 Cubic $2.00 per 1000 Cubic
Yards 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 submitted.
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 Consusltant upon completion of the
plan checking and submittal to the City of written certification
that the plans are complete as provided in Paragraph 4.
The Consultant shall be paid for improvement inspection
services based upon the percentage of completion of the jobs
being inspected at increments of 25%. The final 25% payment
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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 is 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 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 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
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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 with 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
City, the Consultant shall assemble the work product and put same
in order for proper filing and closing and deliver said product
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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 paid.
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 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.
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,
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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 against any of the
foregoing liabilities or claims of any kind and any cost and
expense that is incurred by the City on account of any of the
foregoing liabilities, including liabilities 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 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
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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 Consultant to any additional payment
whatsoever under the terms of this contract.
19. SUCCESSORS OR ASSIGNS
Subject to the provisions of Paragraph 14, "Hold Harmless
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Agreement", all terms, conditions, and provisions hereof shall
ensure 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.
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.
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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
hoiidays.
IN WITNESS WHEREOF, we have hereunto set our hands and seals.
WILLDAN ASSOCIATES
Title
ATTEST:
City Clerk
CITY OF CARLSBAD:
MARY H. 0SSLER, Mayor
APPROVED
<ff • f-^r^~
Assistant City Attorney