HomeMy WebLinkAbout1987-09-15; City Council; 9164; Ninyo and Moore Plan Check and Inspection Svcs' OF CARLSBAD - AGENr .ILL
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TITLE:
APPROVAL
SERVICES
OF PLAN CHECKING AND
AGREEMENT
INSPECTION
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RECOMMENDED ACTION:
Adopt Resolution No._2esL2_Z_ retaining Ninyo and Moore to
perform plan checking and inspection services for the
Carlsbad Research Center Dam, Project P.E. 2.87.12.
ITEM EXPLANATION
Consulting services are required to provide reviews beyond
our current staff capabilities. The reviews will deal
with geotechnical and structural design and construction
of a 28 foot high earth-fill dam to be constructed in the
Carlsbad Research Center (Exhibit 2) . A request for
proposals was made and responses from three firms were
reviewed. The firm of Ninyo and Moore Geotechnical
Consultants was selected for recommendation based on
factors listed in Exhibit 3.
FISCAL IMPACT
A fee of $28,000.00 was collected as payment for the
necessary specialized plan checking and inspections.
Instead of being placed in a special trust account, the
fee was inappropriately deposited in the normal
improvement plan checking revenue account. A transfer of
$28,000.00 from the contingency fund account (001-840-
1990-2900) to the Engineering Department miscellaneous
consultant account (001-840-3110-2479) will provide the
necessary funds for the consultant services.
EXHIBITS
2.
3.
Resolution No. i3.3 7 authorizing the Mayor to
execute an agreement with Ninyo and Moore
Geotechnical Consultants for provision of plan
checking and inspection services and authorizing the
transfer of $28,000 from the City Council contingency
fund account to the Engineering Department
miscellaneous consultant account.
Location Map.
Memo listing factors for selection of Ninyo and Moore
Geotechnical Consultants as recommended consultant.
4. Agreement for Plan Checking and Inspection Services
LOCATION MAP
DAM LOCATION
PROJECT NAME:
CARLBAD RESEARCH CENTER DAM
PROJ.
NO.
[EXHIBIT!
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EXHIBIT 3
August 25, 1987
TO: FRANK BOENSCH, MANAGEMENT ANALYST
FROM: DAN CLARK, ASSOCIATE CIVIL ENGINEER
JUSTIFICATION FOR CONSULTANT SELECTION, CARLSBAD RESEARCH
CENTER DAM, PE 2.87.12
The firm of Ninyo and Moore Geotechnical Consultants was
selected to perform the work for the dam review. They were
selected from among three consultants responding to a request
for proposals.
Selection was made based upon of the following
qualifications:
1. Has experience in small embankment dam design.
2. Has experience in small embankment dam construction.
3. Has experience in San Diego County Hydrology design.
4. Familarity in with California Division of Safety of Dams
Requirements.
5. Has experience in North County Geotechnical design.
6. Has demonstrated timely performance.
7. Has addressed issues in the request for proposals.
8. Accessibility.
9. Communicates and coordinates well as a third party
reviewer.
In addition to rating highest on qualifications, the firm of
Ninyo and Moore also had the most reasonable cost proposal
for the work.
DAN CLARK
Associate Civil Engineer
DC:rp
RESOLUTION NO. 9237
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA APPROVING AN AGREEMENT
BETWEEN THE CITY OF CARLSBAD AND NINYO AND MOORE
GEOTECHNICAL CONSULTANTS FOR PLAN CHECKING AND
INSPECTION SERVICES.
The City Council of the City of Carlsbad, California, does
hereby resolve as follows:
7' 1. That an agreement between the City of Carlsbad and Ninyo
Q0 and Moore for plan checking and inspection, a copy of which is
g* attached (Exhibit 4) and made a part hereof, is hereby approved.
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2. That the Mayor of the City of Carlsbad is hereby
authorized and directed to execute said agreement for and on
behalf of the City of Carlsbad.
3. That the current funding in the Engineering Department
miscellaneous consultant account be increased by the transfer of
$28,000 from the City Council's contingency fund account.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Carlsbad City Council held on the 15th day of September . 1987 by
the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and Larson
NOES: None
ABSENT: None
23 ATTEST:
CLAUDE A LEWIS, Mayor
24 ALETHA L. RAUTENKRANZ, City C0.erk
25 (SEAL)
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AGREEMENT FOR
PLAN CHECKING AND INSPECTION SERVICES
THIS AGREEMENT, made and entered into as of the
day of , 1987, by and between the CITY OF CARLSBAD,
a municipal corporation, hereinafter referred to as "City"
and Ninyo and Moore, hereinafter referred to as "Consultant."
RECITALS
City requires the services of Ninyo and Moore to provide
the plan checking and inspection consultant services for
review of the Carlsbad Research Center Dam, Project Pe
2.87.12; 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. OBJECTIVE:
Provide recommendations to the City Engineer
addressing the adequacy of design and construction
of the project. Three review periods will be
required-:
1. Design review prior to approval of plans and
specifications.
2. Construction inspection and review of plan
3. As-built plan review prior to approval of as-
built plans.
B. DESIGN CRITERIA
1. Structural design criteria shall be similar to
the California Division of Safety of Dams.
2. Hydrological design standards shall meet or
exceed the San Diego County Hydrology and
Design and Procedure Manuals.
C. WORK TASK
1. Review the engineering reports and specifications
for adequacy and accuracy. Report and plans
are available for inspection at the City of
Carlsbad, as listed below:
a. Detention Basin Study dated August 21, 1986.
b. Geotechnical dam design and specifications,
dated August 1983.
c. Geotechnical investigation CRC Dam, dated
February 28, 1983.
d. Response to review letter of Division of
Safety of Dams dated May 13, 1985.
2. Review Project grading plan for the Dam and
Detention Basin, Project Number PE 2.87.12.
Plan review for conformance with the city grading
standards, standard notes, standard certifica-
tions, etc., will be performed by others.
Provide the City with a completed checklist
and written certification that the plans are
complete and accurate, and are in conformance
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with acceptable engineering practices. The
planchecks shall be completed and returned to
the City with five (5) working days of receipt
from the City.
Provide construction inspection of the project,
including the following items:
a. 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.
b. Provide inspection to assure improvements
are being installed in accordance with
approved plans. This shall include
inspection of:
Striping and Grubbing
Foundations Prior to Fill
Fill Placement and Grading
Project Improvements Including
Underdrains, Outlet Works and other
Associated Features
c. 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.
2. CITY OBLIGATIONS
Payments for work shall not exceed $28,000.00 be made as
follows:
$2,000.00 upon approval of the plans by the City
Engineer.
Monthly payments for construction inspection based
upon billable time at $58.00 per hour.
$1,000.00 upon approval of As-built plans by the
City Engineer.
The City shall coordinate plan submittals and review
comments between the consultant and the engineer-of-work.
3. PROGRESS AND COMPLETION
The work under this Agreement will begin immediately.
4. PAYMENT OF FEES
Payment of fees shall be within thirty (30) days after
receipt of invoice for services from Consultant.
5. CHANGES IN WORK
If, in the course of this Agreement and design, changes
seem merited by the Consultant or the City, and informal
consultations with the other party indicate that a change in
the conditions of the Contract is warranted, the Consultant
or the City may request a change in Agreement. Such changes
shall be processed by the City in the following manner: A
letter outlining the required changes shall be forwarded to
the City or Consultant to inform them of the proposed changes
along with a statement of estimated changes in charges or
time schedule. After reaching mutual agreement on the proposal,
a supplemental agreement shall be prepared by the City and
approved by the City Council. Such supplemental agreement
shall not render ineffective or invalidate unaffected portions
of the agreement. Changes requiring immediate action by the
Consultant or City shall be ordered by the City Engineer who
will inform a principal of the Consultant's firm of the neces-
sity of such action and follow up with a supplemental agreement
covering such work.
6. DESIGN STANDARDS
Standards for plan checking and review shall be as stated
in Item 1 above.
7. 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
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.
8. NONDISCRIMINATION CLAUSE
The Consultant shall comply with the State and Federal
Ordinances regarding nondiscrimination.
9. 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.
10. 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.
11. RESPONSIBILITY OF THE CONSULTANT
The Consultant is hired to render professional services
of plan checking and inspection and any payments made to
Consultant are compensation solely for such services. Consu-
ltant shall certify as to the correctness of all designs and
sign all plans, specifications, and estimates furnished with
Registered Civil Engineer's number.
12. 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.
13. 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.
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.
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, liabilities, penalties, fines, or
any damage to goods, properties, or effects of any person
whatever, 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. Consultant agrees to defend,
indemnify, and save free and harmless the City and its autho-
rized agents, officers and employees against any of the forego-
ing 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 negligence.
16. ASSIGNMENT OF" AGREEMENT
The Consultant shall not assign this Agreement or any
part thereof or nay 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
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.
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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.
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.
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IN WITNESS WHEREOF, we have hereunto set our hands and
seals.
Ninyo and Moore
BY:
TITLE:
CITY OF CARLSBAD
^UDE
Mayor
M/\
IDE A LEWlg,
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^ A3 JO FORM:
BY
DB'£s^JFoffi
g^J^Tca
Y ATTORNEY
RONALD R. BALL
VINCENT F. BIONDO, JR.
City Attorney
ATTESTED:
—/—y
ALETHA RAUTENKRANZ
City Clerk
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