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HomeMy WebLinkAbout1987-09-08; City Council; 9156; Willdan Associates ContractCIT OF CARLSBAD — AGENC BILL AR* ?/jT6> MTG 9/8/87 DEPT. EN^ TITLE: WILLDAN ASSOCIATES FY 87-88 PLAN CHECK AND INSPECTION CONTRACT DEPT. HCfc3M_^ \-4 .fb/2.CITY ATJ^U^- CITY MGfi^V Q UJ Scc 0.a. og oz3 Oo RECOMMENDED ACTION: Adopt Resolution No.approving the 1987-88 contract with Willdan Associates for plan checking and construction inspection services as provided for in the 1987-88 Engineering Department budget for the City of Carlsbad. ITEM EXPLANATION The 1987-88 Engineering Department budget contains funds for the continued employment of Willdan Associates to conduct plan checking and construction inspections. At the present time we have a new contract signed by Willdan Associates which will continue their services subject to Council's approval of the expenditure of funds appropriated in the 1987-88 budget. The Willdan contract has been reviewed by the Engineering Department and we are recommending the approval of the continued use of Willdan Associates. The proposed budget has been significantly reduced from the $500,000 expenditure for fiscal year 86- 87. This anticipates significant increases in in-house plan checking services. Consultant services may also be utilized in capital improvement projects on an as needed basis. FISCAL IMPACT The 1987-88 budget contains an appropriation of $200,000.00 to cover the services rendered by Willdan. The account number for this is 001-3120-2472. Source of revenue for these fees is from developer applications. Source of revenue for service provided on capital improvement projects is from individual project accounts. EXHIBITS Resolution No.approving the 1987-88 contract with Willdan Associates for plan checking and construction inspection services. 2. Willdan Associates contract for FY 1987-88. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 9229 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING THE 1987-88 CONTRACT FOR PLAN CHECKING AND CONSTRUCTION INSPECTION BY WILLDAN ASSOCIATES. WHEREAS, the City Manager recommends and the City Council i concurs, that plan checking and construction inspection services i must be made available in order for the City to fulfill its obliga- tions; and WHEREAS, a satisfactory new contract to provide such services has been negotiated with Willdan Associates; and WHEREAS, the funds have been budgeted for Fiscal Year 1987-88 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 new contract with Willdan Associates is approved retroactive to July 1, 1987 for the fiscal year. 3. That the expenditure of budgeted appropriations for these services in the amount of $200,000.00 is authorized. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4. That the Mayor is authorized to execute the contract with Willdan Associates. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 8th day of September 1987 by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and Larson NOES: None ABSENT: None CLAUDE A. LEWIS; Mayor ATTEST: ^T ALETHA L. RAUTENKRANZ, City Clferk (SEAL) AGREEMENT FOR PLAN CHECKING AND INSPECTION SERVICES THIS AGREEMENT, made and entered into as of the /^ day of **&2&&r*-4^s , 1987, 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 capital improvement projects, subdivision improvement plans, grading plans and final maps; for inspection of capital improvement projects, subdivision grading and improvements and other services that may be required; and Consultant possesses the necessary skills and qualifica- tions to provide the services required by City; NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Consultant agree as follows: 1. CONSULTANT'S OBLIGATIONS A. CHECKING 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. 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 striping, signing, traffic signals, and all other traffic control equipment are shown on the plan in conformance with the Carlsbad Municipal Code, City of Carlsbad Standards, and other applicable codes and standards used by the City. 11. Determine that traffic control, detour, phasing, and all other sequence plans are shown on the plan in conformance with the Carlsbad Municipal Code, City of Carlsbad Standards, and other applicable codes and standards used by the City. 12. 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. 13. Determine the accuracy of the quantity calcu- lations and the list of quantities. 14. Pick up and deliver plans to and from the City office on a schedule acceptable to the City Engineer. 15. 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. CHECKING 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 require- ments . 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 recom- mendation on necessity for additional soils review and review any such additional soils reports that are submitted. 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, length of vertical curves; and 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, Stan- dards, and written policies, that they are consistent with any improvement plans, final map, and other adjacent improvement documents furnished by the City. C. CHECKING 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. 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. Owner's Certificate signed and acknowledged by all parties having record title interest, including dedications and offers of dedi- cations; 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; and e. Such other affidavits, certificates, acknowledgements, endorsements, and notarial seals as required. 9. Determine that map is in conf ormance 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, Stan- dards, and written policies; that it is con- sistent with any improvement plans, grading plans, and any other adjacent improvement documents furnished by the City. D. ADDITIONAL WORK Consultant shall perform all such plan checking or revisions to the plan that result from oversight or error on the Consultant's part. No additional fees for checking said revisions shall be due the Con- sultant for such checking or review. E. INSPECTING PUBLIC IMPROVEMENTS: Consultant shall perform the following: 1. Meet with City Engineer's representative and determine project background as well as potential problem are 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 certifications, notes, and cor- respondence 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 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. 10 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. 17. Coordinate testing and survey activities, as required, and act as liaison between the contractor and the City. 18. Provide overall project administration, acting as required, on behalf of the City. 19. Review and recommend approval of progress payment requests, as required. 20. Review and maintain files of contractor's wage and employment records and report, as required. 21. Review and recommend approval of contract change orders, as required. 22. Provide constant coordination with the City, permitting agencies, and utility companies affected by the construction. 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. 11 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, and all revisions as they are adopted. 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 the project, if applicable. 2. A print of any adjacent improvement plans. 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 or inspections 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 12 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 4. FEES TO BE PAID TO CONSULTANT A. SUBDIVISION 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 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. 13 2. The schedule of fees to be paid to the Consultant for improvement plan checking is as follows: Estimated Cost of Improvements Consultant Fee $0 to $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. 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 $150.00. Grading Amount Consultant Fee 0 - 99,999 Cubic Yards $4.50 per 1,000 Cubic Yards or fraction thereof ($150 minimum) Grading Amount Consultant Fee 100,000 - 1,000,000 $3.00 per 1,000 Cubic Cubic Yards Yards or fraction thereof ($450 minimum) Over 1,000,000 Cubic $2.00 per 1,000 Cubic Yards Yards or fraction thereof ($3,000minimum) C. FINAL KAP CHECKS: The fee to be paid to the Consultant for final map reviews shall be as follows: $375.00, plus $7.50 for each lot. 14 D. CAPITAL IMPROVEMENT PROJECT PLAN CHECK The Consultant shall be compensated for the actual time expended on each project. The compensation shall be based on the Consultants fee schedule effective at the time the work was done, provided however a copy of the fee schedule had previously been forwarded to the City Engineer. E. IMPROVEMENT INSPECTION: The fee to be paid to the Consultant shall be based on hourly rates for public works inspectors as indicated below: Public Works Inspector $46.00/hour Senior Public Works Inspector $55.00/hour Payment for inspection on projects currently being billed according to prior agreements shall continue to be billed in accordance with the prior agreements. F. ASSISTANCE TO DEVELOPMENT PROCESSING SERVICES: 1. Prepare Tentative Map review including writing conditions of approval - fee of $300.00; 2. Final Parcel Map plan check - fee of $100.00; 3. Adjustment Plats - fee of $100.00; and 4. Grading Plans - fee of $150.00. 15 5. PAYMENT OF FEES On the first working day of each month, Consultant shall submit its 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 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. The Consultant shall be paid for plan checking capital improvement projects and improvement inspection based upon the actual number of hours and classification of personnel assigned to the project. The final 25% payment for inspection of projects which payment has been based on a prior agreement will be made upon Council acceptance for public improvements and City Engineer's acceptance for private improvements. 6. COVENANTS AGAINST CONTINGENT FEES The Consultant warrants that their firm 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 16 other consideration contingent upon, or resulting from, the award or making this agreement. For breach or violation of this warranty, the 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. NONDISCRIMINATION CLAUSE The Consultant shall comply with the State and Federal Ordinances regarding nondiscrimination. 8. TERMINATION OF CONTRACT In the event of the Consultant's failure to prosecute, deliver, or perform the work as provided for in this Agreement, the City may terminate this Agreement for nonperformance by notifying the Consultant by certified mail of the termination of the Agreement. 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 Agreement completed. Based upon that finding as reported to the City Council, the Council shall determine the final payment of the Agreement. Final payment shall be in compliance with the Code of Federal Regulations. 17 9. 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 identifies as a part of a dispute among persons operating under the provisions of this Agreement, 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 this obtained is unsatisfactory to the aggrieved party, a letter outlining the dispute shall be forwarded to the City Council for their resolution through the Office of the City Manager. The City Council may then opt to consider the directed solution to the problem. In such cases, the action of the City Council shall be binding upon the parties involved, although nothing in this procedure shall prohibit the parties seeking remedies available to them at law. 10. RESPONSIBILITY OF THE CONSULTANT The Consultant is hired to render professional services to perform plan checks and construction inspections and any payments made to Consultant are compensation solely for such 18 services. Consultant shall provide certifications as required herein, properly signed, by a Registered Civil Engineer's number. 11. 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, 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 Consul- tant shall be paid for work performed to the termination date; however, the total shall not exceed the guaranteed total maximum. The City shall make the final determination as to the portions of tasks completed and the compensation to be make. Compensation to be made in compliance with the Code of Federal Regulations. 12. 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 control of the City only as to the result to be accomplished and the personnel assigned to the project, but shall consult with the City as provided for in the request for proposal. 19 The Consultant is an independent contractor of the City. The payment made to the Consultant pursuant to this Agreement shall be the full and complete compensation to which the Consultant is entitled pursuant to this Agreement. The City shall not make any federal or state tax withholdings on behalf of the Consultant. The City shall not be required to pay any workers compensation insurance on behalf of the Consultant. The Consultant agrees to indemnify the City for any tax, retirement contribution, social security, overtime payment, workers compensation payment which the City may be required to make on behalf of Consultant or any employee of Consultant for work done under this Agreement. The Consultant shall be aware of the requirements of the Immigration Reform and Control Act of 1986 and shall comply with those requirements, including but not limited to verifying the eligibility for employment of all agents, employees, sub- contractors and consultants that are included in this agreement. 13. 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. 20 14. 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 Agreement 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/her records. 15. HOLD HARMLESS AGREEMENT The City, its agents, officers, and employees shall not be liable for any claims, goods, properties, or effects of any person whatsoever, nor for personal injuries or death caused by, or resulting from any negligent act or omission of Consultant or Consultant's agents, employees, or representatives. 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 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 defects in any plans and specifications, unless the liability or claim is due, or arises out of the City's Negligence. 21 16. ASSIGNMENT OF AGREEMENT The Consultant shall not assign this Agreement or any part thereof or any monies due thereunder without the prior written consent of the City. 17. SUBCONTRACTING If the Consultant shall subcontract any of the work to be performed under this Agreement by the Consultant, Consultant shall be fully responsible to the City for the acts and omis- sions 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 Agreement shall create any contractual relationship between any sub- contractor of Consultant and the City. The Consultant shall bind every subcontractor and every subcontractor of a sub- contractor by the terms of this Agreement applicable to Consul- tant's work unless specifically noted to the contrary in the subcontract in question approved in writing by the City. 18. 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 contractor, or any subcontractor in connection with the construction of the project, shall become directly or indirectly interested personally in this Contract or in 22 any part thereof. No officer, employee, architect, attorney, engineer, or inspector of or for the City to exercise any executive, supervisory, or other similar functions in connection with the performance of this Agreement shall become directly or indirectly interested personally in this Agreement or any part thereof. 19. 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 Agreement, 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 Agreement. 20. SUCCESSORS OR ASSIGNS Subject to the provisions of Paragraph 18, "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. 21. EFFECTIVE DATE This Agreement shall be effective on and from the day and year first above written. 23 22. 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. 23. INSURANCE The Consultant shall obtain and maintain a policy of comprehensive general 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 ($1,000,000.00) per occurrence and annual aggregate. This insurance shall be in force during the life of this agreement and shall not be cancelled without ten (30) 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. 24. 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 25. WORKING DAY DEFINITION For the purpose of measuring plan check performance, the working days specified in Section 3 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 holidays. IN WITNESS WHEREOF, we have hereunto set our hands and seals. WILLDAN ASSOCIATES TITLE CITY OF CARLSBAD /CLAUDE A. LEWIS, Mayor APPROVED AS TO FORM: City Attorney ATTESTED: ALETHA RAUTENKRANZ City Clerk 25