HomeMy WebLinkAbout1987-09-08; City Council; 9156; Willdan Associates ContractCIT OF CARLSBAD — AGENC BILL
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MTG 9/8/87
DEPT. EN^
TITLE:
WILLDAN ASSOCIATES
FY 87-88 PLAN CHECK
AND INSPECTION CONTRACT
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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.
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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.
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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.
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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.
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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
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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.
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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.
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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.
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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
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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.
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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
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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.
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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.
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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.
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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
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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.
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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.
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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
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