HomeMy WebLinkAbout1988-08-02; City Council; 9562; Fraser Engineering consultant agmt Helming Engineering consultant agmt Plan check consultant list & agmts Res 88-266 Willdan Associates consultant agmtI.
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MTG. 8-7-88 APPROVAL OF PLAN CHECK CONSULTANT CITY
ClTI DEPT.ENC.
RECOMMENDED ACTION:
LIST AND AGREEMENTS
Adopt Resol uti on No. cf*.J G L approving three consultant agreemen checking services, authorizing the Mayor to execute same and authc maintenance of a list of qualified plan check consultants.
ITEM EXPLANATION:
The 1988-89 Engineering Department budget contains funds to provide for plan checking of improvement plans, grading plans and final maps. qualified firms which agree to provide such services on an as needed allow the City to utilize the firms depending upon the amount of plai submitted for review.
A request for proposals to provide the services was made and six res received. A selection committee reviewed the proposals and selected to be included on the list. The firms of Willdan Associates, Fraser and Helming Engineering were selected based on their experience and with City Standards, policies and procedures.
Staff will solicit new or additional firms for the list each yea agreements with those on this list based upon costs and demonstrated p
FISCAL IMPACT:
The 1988-89 Engineering Department budget contains an appropriation of to compensate firms for the rendering of engineering services.
EXHIBITS :
1. Resolution No. w "-- j - JLd6 approving three consultant agreemen checking services, authorizing the Mayor to execute same and the maintenance of a list of qualified plan check consultants.
Consultant Agreement with Willdan Associates is on file in the C office.
Consultant Agreement with Fraser Engineering is on file in the C office.
Consultant Agreement with Helming Engineering is on file in the ( office.
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RESOLUTION NO. 88-266
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD
CALIFORNIA, APPROVING AGREEMENTS WITH PLAN CHECK CONSULTANTS AND AUTHORIZING THE MAINTENANCE OF A LIST OF QUALIFIED FIRMS FOR PROVIDING PLAN CHECK SERVICES TO THE
CITY.
WHEREAS, the City Manager recommends and the City Council cc
consultant plan checking services be made available in order to f
obligations; and
WHEREAS, there exists a need for maintaining a list of qualifi(
providing plan checking services; and
WHEREAS, satisfactory agreements have been negotiated with t
Willdan Associates, Fraser Engineering and Helming Engineering.
NOW, THEREFORE BE IT RESOLVED, by the City Council of the City 1
California, as follows:
1. That the above recitations are true and correct.
2. That the City Council hereby authorizes the Mayor to c
check agreements with Willdan Associates, Fraser Engineering
Eng i neer i ng .
PASSED, APPROVED AND ADOPTED at a regular meeting of the Cz
Council held on the 2nd day of August 9
following vote, to wit:
AYES: Council Members Lewis, Kulchin, Pettine, Mamaux <
NOES: None
ABSENT: None
ATTEST:
zpk (SEAL)
r
4 e c1
CONSULTANT AGREEMENT FOR
PLAN CHECKING SERVICES
-
THIS AGREEMENT, made and entered into as of the day of -
, 1988, by and between the CITY OF CARLSBAD, a municipal corporat
hereinafter referred to as "City" and Willdan Associates, a California Coy
tion, hereinafter referred to as "Consultant."
RECITALS
City requires the services of an engineering consultant to provide
necessary engineering services for plan check of improvement plans, grading p
and final maps; and other services that may be required; and
Consultant possesses the necessary ski 11 s and qual if i cat ions to pro
the services required by City;
NOW, THEREFORE, in consideration of these recitals and the mutual coven
contained herein, City and Consultant agree as follows:
1. CONSULTANT'S OBLIGATIONS
A. WORK SITE AND PERSONNEL
The Consultant shall provide skilled and knowledgeable persot
satisfactory to the City. Such personnel shall perform the office portior
their duties at City facilities during the hours directed by the City.
consultant shall provide all equipment and standard engineering refer4
materi a1 s necessary to perform as required herein.
1
4 e 6
8. CHECKING IMPROVEMENT PLANS!
_.
Consultant shall perform the following work for each project:
1. Examine plans, tour the site in the field, and become fami
with general concepts as proposed by the project applicani
access, drainage, sewer and water facilities to the site
2. Determine if the plans are in conformance with applic
conditions of approval and the approved tentative map.
Check hydrology and hydraulic calculations, and the desig
the storm drain system.
3.
4. Determine any diversions, concentrations or increase:
drainage flow, and any potential for damage to off-
property resulting from such drainage.
Determine requirements for off-site easements and whether
have been obtained.
Determine any encroachments on adjacent property.
Check adequacy and avail abil i ty of sewer and water service
the respective pipe sizing.
Check stopping sight distance, horizontal radius, and vert
curves on streets.
Determine that the plans, as submitted, are in conformance
the Carlsbad Municipal Code, the City of Carlsbad Standa
and other applicable standards used by the City.
Determine that the striping, signing, traffic signals, and
other traffic control equipment are shown on the plar
conformance with the Carlsbad Municipal Code, City of Carl
5.
6.
7.
8.
9.
10.
2
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Standards, and other applicable codes and standards use
the City.
Determine that traffic control, detour, phasing, and all (
sequence plans are shown on the plan in conformance witt
Carlsbad Municipal Code, City of Carlsbad Standards, and (
applicable codes and standards used by the City.
Determine that the improvement plans are in conformance
the approved grading plan and final map, if applicable tc
project. A copy of the grading plan and final map wil
furnished with the improvement plans. The City may e7ec
check the grading plan and final map or include these
checks within the Consultant's responsibilities.
-
11.
12.
13. Determine the accuracy of the quantity calculations an(
list of quantities.
Provide the City with a completed checklist and written CI
fication that the plans are complete and accurate, and a
conformance with appl icabl e City Codes, Stand,
discretionary approvals and written policies, that the!
consistent with any grading plans, final map and any 1
adjacent improvement documents filed at the City.
14.
C. CHECKING GRADING PLANS:
Consultant shall perform the following:
1. Examine plans, tour the site in the field, become familiar
the general concept as proposed by the project applican
Determine if the plans are in conformance with applicable
ditions of approval and the approved tentative map.
2.
3
c
$ e .,
3. Determine if the general format for the plan is in conforn
with City of Carlsbad requirements.
Compare the grading plan with the recommendations in the 5
report provided and check that the specifications and del
in the soils report are included in the plans. Make rc
mendation on necessity for additional soils review and rc
any such additional soils reports that are submitted.
Compare the grading plan with the grading shown on any ani
discretionary approvals and the conditions thereto appli
the appropriate City body.
-
4.
5.
6. Compare the grading plan with the improvement plans foi
project.
Compare the grading plan with the approved environmental ii
mation.
7.
8, Check for the following technical items:
a.
b.
c.
Set back from property line;
Identification of property and easement lines;
Amounts noted for excavation, fill, and import or e
(cubic yards) ;
d. Cut slope and fill slope ratios;
e. Existing contours;
f.
g.
Final grades shown by contours or spot elevations
Location of cut and placement of fill (daylight and
1 ines shown on the plan) :
h. Typical lot drainage;
i. Typical berm or swale at the top of the fill;
4
c
t e 0
j. Typical brow ditch;
k. Terrace drains;
1. Percent of grade of streets and driveways, lengt
vertical curves ; and
m. Horizontal and vertical site distance; cross check
with improvement pl ans.
Such other items that are contained in City Ordina
Standards, policies and resolutions that apply.
n.
0. Good engineering practice.
Check hydrology and hydraulic calculations, and the desi 9.
the drainage system.
10. Determi ne any diversions, concentrations or i ncrease
drainage flow, and any potential for damage to off
property resulting from such drainage. Check for ade
capacity of brow ditches and down drains.
11. Check for non-erosive velocities at point of dischar!
adequate energy dissipation.
Review erosion control measures and check for conformancc
applicable codes and the City's Model Erosion Control Ordi
attached to the Carl sbad Master Drainage Study.
12.
13. Provide the City with a completed checklist and a wr
certification that the plans are complete and techni
correct, and are in conformance with applicable City C
Standards, and written policies, that they are consistenl
any improvement plans, final map, and other adjacent imF
ment documents furnished by the City.
5
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D. CHECKING FINAL MAPS -
Consultant shall perform the following:
1. Determine that the map is in conformance with applic
conditions of approval and the approved tentative map.
2. Check that the format is in compliance with the Cit.
Carl sbad requirements.
Check Title Report and Subdivision Guarantee, and verify
all easements are noted on the map, the legal descrip
conforms with the map, and all parties required to sign
map have done so.
3.
4. Check traverse closure for lots, blocks, and boundaries
easements for acceptable closure.
5. Check all easements to which the lots are subject, inclu
use and reference i f a1 ready of record.
Check legal descriptions and plats for any off-site easemei
check ownership against title reports, and prepare deed in (
formance with City format.
Determine that the title sheet and/or Procedure of Survey SI
includes basis of bearings, number of lots, acreage of the
division, soils report note, and monumentation notes.
Determine that the following certificates and acknowledgeml
appear on the title sheet:
a. Owner's Certificate signed and acknowledged by
6.
7.
8.
parties having record title interest, including ded-
tions and offers of dedications;
b. Engineer's or Surveyor's Certificate;
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c.
d.
City Engineer's Certificate of Approval;
City Clerk's Certificate of Approval by City Council
Acceptance of Offer of Dedication; and
Such other affidavits, certificates, acknowledgeme
endorsements, and notari a1 seal s as required.
-
e.
9. Determine that map is in conformance with provisions of
Surveyor's Act, the Subdivision Map Act and any and
discretionary approvals and the conditions thereto appl ic
the appropriate City body.
10. Provide the City with a completed checklist and a wri
certification that the map is complete and technically COY
and is in conformance with applicable City Codes, Standa
and written policies; that it is consistent with any impv
ment plans, grading plans, and any other adjacent improve
documents furnished by the City.
2. CITY OBLIGATIONS
A. Upon initial receipt of a request for plan check, the City z
perform a preliminary review of the plans to ensure that complete plans
submitted before forwarding them to the Consultant.
B. City shall provide the Consultant with the following document:
1. A copy of "Title 20: Subdivisions" and "Title 11.06: I
vation and Grading" of the Carlsbad Municipal Code, ant
revisions as they are adopted.
A copy of "Carlsbad Standards.'' 2.
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3. A copy of any other written policies, standards, or crit -
adopted or used by City.
Working space, telephone, desk and chair at the City faci
designated per section l.A. herein.
4.
C. In addition to prints of the plans to be checked, the City
furnish to the Consultant the following:
1. A print of the grading plan and proposed final map of
project , i f appl i cab1 e.
A print of any adjacent improvement plans.
A copy of the tentative map and tentative map conditior
any other discretionary approval applicable.
D. Nothing in this agreement shall be construed to obligate Cit
provide any work to the Consultant. City reserves the right, at its sole
cretion, to assign plans for checking to Consultant, to perform plan checks
its own forces, or to assign plans for checking to another consulting firr
2.
3.
3. FEES TO BE PAID TO CONSULTANT
The Consultant shall be compensated for the actual time expended on
project. The compensation shall be based on the Consultants fee schi
effective at the time the work was done, provided however a copy of tht
schedule had previously been forwarded to the City Engineer.
4. PAYMENT OF FEES
On the first working day of each month, Consultant shall submit its in
Payment of approved itei for the work performed during the prior month.
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the invoice shall be mailed to the Consultant prior to the 25th day of the I
the invoice was submitted.
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5. COVENANTS AGAINST CONTINGENT FEES
The Consultant warrants that their firm has not employed or retainec
company or person, other than a bona fide employee working for the Consul
to solicit or secure this agreement, and that Consultant has not paid or a1
to pay any company or person, other than a bona fide employee, any fee,
mission, percentage, brokerage fee, gift, or any other consideration conti
upon, or resulting from, the award or making this agreement. For breac
violation of this warranty, the City shall have the right to annul this agre
without liability, or, in its discretion, to deduct from the agreement pri
consideration, or otherwise recover the full amount of such fee, commis
percentage, brokerage fee, gift or contingent fee.
6. NONDISCRIMINATION CLAUSE
The Consultant shall comply with the State and Federal Ordinances rega
nondiscrimination.
7. TERMINATION OF CONTRACT
In the event of the Consultant's failure to prosecute, deliver, or pe
the work as provided for in this Agreement, the City may terminate this Agre
for nonperformance by notifying the Consultant by certified mail of the t
nation of the Agreement. Final payment shall be in compliance with the Ca
Federal Regul at i ons.
8. DISPUTES
If a dispute should arise regarding the performance of work under
agreement, the following procedure shall be used to resolve any question 01
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or interpretation not otherwise settled by agreement between parties.
questions, if they become identified as a part of a dispute among per
operating under the provisions of this Agreement, shall be reduced to wri
by the principal of the Consultant or the City Engineer. A copy of such c
mented dispute shall be forwarded to both parties involved along with recommg
methods of resolution which would be of benefit to both parties. The
Engineer or principal receiving the letter shall reply to the letter along
a recommended method of resolution within ten (10) days. If the resolution
obtained is unsatisfactory to the aggrieved party, a letter outlining the dis
shall be forwarded to the City Council for their resolution through the Of
of the City Manager. The City Council may then opt to consider the dire
solution to the problem. In such cases, the action of the City Council 5
be binding upon the parties involved, although nothing in this procedure s
prohibit the parties seeking remedies available to them at law.
9. RESPONSIBILITY OF THE CONSULTANT
The Consultant is hired to render professional services to perform
checks and any payments made to Consultant are compensation solely for
services. Consultant shall provide certifications as required herein, prop
signed, by a Registered Civil Engineer’s number.
10. SUSPENSION OR TERMINATION OF SERVICES
This Agreement may be terminated by either party upon tendering th
In the event of such suspen (30) days written notice to the other party.
or termination, upon request of the City, Consultant shall assemble the
product and put same in order for proper filing and closing and deliver
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product to City. In the event of termination, the Consultant shall be paic
work performed to the termination date.
11. STATUS OF THE CONSULTANT
-
The Consultant shall perform the services provided for herein in Cor
tant’s own way as an independent contractor and in pursuit of Consult:
independent calling, and not as an employee of the City. Consultant shal
under control of the City only as to the result to be accomplished and
personnel assigned to the project, but shall consult with the City as pro\
for in the request for proposal,
The Consultant is an independent contractor of the City. The payment
to the Consultant pursuant to this Agreement shall be the full and coml
compensation to which the Consultant is entitled pursuant to this Agreei
The City shall not make any federal or state tax withholdings on behalf o
Consultant. The City shall not be required to pay any workers compens
insurance on behalf of the Consultant. The Consultant agrees to indemnif*
City for any tax, retirement contribution, social security, overtime pay1
workers compensation payment which the City may be required to make on b
of Consultant or any employee of Consultant for work done under this Agreei
The Consultant shall be aware of the requirements of the Immigration R
and Control Act of 1986 and shall comply with those requirements, includin
not limited to verifying the eligibility for employment of all agents, emplo
sub-contractors and consultants that are included in this agreement.
12. OWNERSHIP OF DOCUMENTS
All plans, studies, sketches, drawings, reports and specificatioi
herein required are the property of the City, whether the work for which
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are made be executed 6Y fiat. In the event this Agreement is terminated,
documents, plans, specifications, drawings, reports and studies shall
delivered forthwith to the City. Consultant shall have the right to make
(1) copy of the plans for his/her records. Any use of these materials on t
projects, if not completed on a timely basis, or any other projects, without
prior written consent of Consultant shall be at the sole risk of City.
__
13. HOLD HARMLESS AGREEMENT
The City, its officers, and employees shall not be liable for any cla
liabilities, penalties, fines, or any damage to goods, properties, or eff
of any person whatever, nor for personal injuries or death caused by or cla
to have been caused by, or resulting from, any intentional or negligent a
errors or omission of Consultant or Consultant’s agents, employees, or repres
atives. Consultant agrees to defend indemnify, and save free and harmless
City and its officers and employees against any of the foregoing liabilitie
claims of any kind and any cost and expense that is incurred by the Cit.
account of any of the foregoing liabilities, including liabilities or claim
reason of alleged defects in any plans and specifications.
14. ASSIGNMENT OF AGREEMENT
The Consultant shall not assign this Agreement or any part thereof or
monies due thereunder without the prior written consent of the City.
15. SUBCONTRACTING
If the Consultant shall subcontract any of the work to be performed u
this Agreement by the Consultant, Consultant shall be fully responsible to
City for the acts and omissions of Consultant’s subcontractor and of the per
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either directly or indirectly employed by the subcontractor, as Consul tan
for the acts and omissions of persons directly employed by Consultant. Not
contained in this Agreement shall create any contractual relationship bet
any subcontractor of Consultant and the City. The Consultant shall bind e
subcontractor and every subcontractor of a subcontractor by the terms of
Agreement applicable to Consultant's work unless specifically noted to
contrary in the subcontract in question approved in writing by the City.
16. PROHIBITED INTEREST
-
No official of the City who is authorized in such capacity on behal
the City to negotiate, make, accept, or approve, or take part in negotiat
making, accepting, or approving of any architectural, engineering, inspect
construction or material supply contractor, or any subcontractor in connec
with the construction of the project, shall become directly or indire
interested personally in this Contract or in any part thereof. No offi
employee, architect, attorney, engineer, or inspector of or for the Cit
exercise any executive, supervisory, or other similar functions in connec
with the performance of this Agreement shall become directly or indirc
interested personally in this Agreement or any part thereof.
17. VERBAL AGREEMENT OR CONVERSATION
No verbal agreement or conversation with any officer, agent, or empl
of the City, either before, during, or after the execution of this Agreer
shall affect or modify any of the terms or obligations herein contained nor
verbal agreement or conversation entitle the Consultant to any additional pa:
whatsoever under the terms of this Agreement.
18. SUCCESSORS OR ASSIGNS
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Subject to the provisions of Paragraph 13, "Hold Harmless Agreement,"
terms, conditions, and provisions hereof shall insure to and shall bind eac
the parties hereto, and each of their respective heirs, execut
administrators, successors, and assigns.
19. EFFECTIVE DATE
-
This Agreement shall be effective on and from the day and year first 2
written.
20. CONFLICT OF INTEREST
The Consultant shall file a Conflict of Interest Statement with the
Clerk of the City of Carlsbad. The Consultant shall report investment
interests in real property. The Consultant expressly affirms that he
perform no plan check services on any plans prepared by his firm or any 1
for applicants, which are also clients of the Consultant where there is
possibility of a conflict of interest. The Consultant shall immediately nc
the City Engineer of any circumstances which may lead to a conflict of intei
21. INSURANCE
The Consultant shall obtain and maintain a policy of comprehensive gel
liability insurance from an insurance company authorized to be in businei
the State of California, in an insurable amount of not less than one mi'
dollars ($1,000,000.00) per occurrence and annual aggregate. This insui
shall be in force during the life of this agreement and shall not be cancl
without thirty (30) days prior notice to City.
The City shall be named as an additionally insured on this policy.
Consultant shall furnish a certificate of said insurance to City upon req
22. EXTRA WORK
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The Consultant, in performing his services, shall not do extra work
excess of this agreement without the written permission of the City or
des igna t ed rep resent at i ve .
IN WITNESS WHEREOF, we have hereunto set our hands and seals.
d//a/.h / t4SdoCr.a k- t CITY OF CARLSBAD
CLAUDE A. LEWIS, Mayor
APPROVED AS TO FORM: ATTEST ED :
VINCENT F. BIONDO, JR. ALETHA RAUTENKRANZ
City Attorney City Clerk
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CONSULTANT AGREEMENT FOR
PLAN CHECKING SERVICES
-
THIS AGREEMENT, made and entered into as of the da
, 1988, by and between the CITY OF CARLSBAD, a munic
corporation, hereinafter referred to as “City“ and Helming Engineering Inc
California Corporation, hereinafter referred to as “Consultant.”
RECITALS
City requires the services of an engineering consultant to provide
necessary engineering services for plan check of improvement plans, grading I:
and final maps; and other services that may be required; and
Consultant possesses the necessary skills and qualifications to prc
the services required by City;
NOW, THEREFORE, in consideration of these recitals and the mutual cover
contained herein, City and Consultant agree as foll ows:
1. CONSULTANT’S OBLIGATIONS
A. WORK SITE AND PERSONNEL
The Consultant shall provide ski 11 ed and know1 edgeabl e persc
satisfactory to the City. Such personnel shall perform the office portic
their duties at City facilities during the hours directed by the City.
consultant shall provide all equipment and standard engineering refe
materials necessary to perform as required herein.
4.
@J @
B. CHECKING IMPROVEMENT PLANS:
-
Consultant shall perform the following work for each project:
1. Examine plans, tour the site in the field, and become fami’
with general concepts as proposed by the project applicant
access, drainage, sewer and water facilities to the site
2. Determine if the plans are in conformance with applic,
conditions of approval and the approved tentative map.
Check hydrology and hydraulic calculations, and the desig
the storm drain system.
3.
4. Determine any diversions, concentrations or increase5
drainage flow, and any potential for damage to off-
property resul ti ng from such drainage .
Determine requirements for off-site easements and whether
have been obtained.
Determi ne any encroachments on adjacent property.
Check adequacy and availability of sewer and water servicc
the respective pipe sizing.
Check stopping sight distance, horizontal radius, and verl
curves on streets.
Determine that the plans, as submitted, are in conformance
the Carlsbad Municipal Code, the City of Carlsbad Standi
and other applicable standards used by the City.
Determine that the striping, signing, traffic signals, an
5.
6,
7.
8.
9.
10.
other traffic control equipment are shown on the pli
conformance with the Carlsbad Municipal Code, City of Car
2
e e
Standards, and other applicable codes and standards usec
the City.
-
11. Determine that traffic control, detour, phasing, and all oi
sequence plans are shown on the plan in conformance with
Carlsbad Municipal Code, City of Carlsbad Standards, and 0'
applicable codes and standards used by the City.
Determine that the improvement plans are in conformance \
the approved grading plan and final map, if appl icable to
project. A copy of the grading plan and final map wil
furnished with the improvement plans. The City may elec
check the grading plan and final map or include these
checks within the Consultant's responsibilities.
Determine the accuracy of the quantity calculations and
list of quantities.
Provide the City with a completed checklist and written CE
fication that the plans are complete and accurate, and at
conformance with appl icabl e City Codes, Stand;
discretionary approvals and written policies, that they
consistent with any grading plans, final map and any c
adjacent improvement documents filed at the City.
12.
13.
14.
C. CHECKING GRADING PLANS:
Consultant shall perform the following:
1. Examine plans, tour the site in the field, become familiar
the general concept as proposed by the project applican
Determine if the plans are in conformance with applicable
ditions of approval and the approved tentative map.
2.
3
@ @
3. Determine if the general format for the plan is in conform
with City of Carlsbad requirements.
Compare the grading plan with the recommendations in the s
report provided and check that the specifications and det
in the soils report are included in the plans. Make re
mendation on necessity for additional soils review and re
any such additional soils reports that are submitted.
Compare the grading plan with the grading shown on any an(
discretionary approvals and the conditions thereto applic
the appropriate City body.
Compare the grading plan with the improvement plans for
project.
Compare the grading plan with the approved environmental ir
mat i on.
-
4.
5.
6.
7.
8. Check for the following technical items:
a.
b.
c.
Set back from property line;
Identification of property and easement 1 ines;
Amounts noted for excavation, fill, and import or e.
(cubic yards) ;
d. Cut slope and fill slope ratios;
e. Existing contours;
f.
g.
Final grades shown by contours or spot elevations
Location of cut and placement of fill (daylight and
lines shown on the plan);
h. Typical lot drainage;
i. Typical berm or swale at the top of the fill;
4
@ @
j. Typical brow ditch;
k. Terrace drains;
1. Percent of grade of streets and driveways, lengtt
-
vertical curves ; and
Horizontal and vertical site distance; cross check *
with improvement pl ans.
Such other items that are contained in City Ordinan1
Standards, policies and resolutions that apply.
m.
n.
0. Good engineering practice.
Check hydrology and hydraulic calculations, and the desi<
the drainage system.
9.
10. Determine any diversions, concentrations or increase:
drainage flow, and any potential for damage to off-
property resulting from such drainage. Check for adec
capacity of brow ditches and down drains.
11. Check for non-erosive velocities at point of discharg
adequate energy dissipation.
Review erosion control measures and check for conformance
applicable codes and the City's Model Erosion Control Ordir
attached to the Carlsbad Master Drainage Study.
12.
13. Provide the City with a completed checklist and a wr
certification that the plans are complete and techni
correct, and are in conformance with applicable City C
Standards, and written policies, that they are consistent
any improvement plans, final map, and other adjacent imp
ment documents furnished by the City.
5
@
D. CHECKING FINAL MAPS -
Consultant shall perform the following:
1. Determine that the map is in conformance with applic:
conditions of approval and the approved tentative map.
2. Check that the format is in compliance with the City
Carl sbad requirements.
Check Title Report and Subdivision Guarantee, and verify
all easements are noted on the map, the legal descrip
conforms with the map, and all parties required to sign
map have done so.
3.
4. Check traverse closure for lots, blocks, and boundaries
easements for acceptable closure.
5. Check all easements to which the lots are subject, inclu
use and reference if already of record.
Check legal descriptions and plats for any off-site easemt
check ownership against title reports, and prepare deed in
formance with City format.
Determine that the title sheet and/or Procedure of Survey :
includes basis of bearings, number of lots, acreage of the
division, soils report note, and monumentation notes.
Determine that the following certificates and acknowledge1
appear on the title sheet:
a. Owner’s Certificate signed and acknowledged bj
parties having record title interest, including de
tions and offers of dedications;
b. Engineer’s or Surveyor’s Certificate;
6
6.
7.
8.
a e
c.
d.
City Engineer's Certificate of Approval ;
City Clerk's Certificate of Approval by City Council
-
Acceptance of Offer of Dedication; and
e. Such other affidavits, certificates, acknowledgemet
endorsements, and notarial seals as required.
Determine that map is in conformance with provisions of I 9.
Surveyor's Act, the Subdivision Map Act and any and
discretionary approvals and the conditions thereto appliec
the appropriate City body.
10. Provide the City with a completed checklist and a wri
certification that the map is complete and technically cor
and is in conformance with applicable City Codes, Standa
and written policies; that it is consistent with any impr
ment plans, grading plans, and any other adjacent improve
documents furnished by the City.
2. CITY OBLIGATIONS
A. Upon initial receipt of a request for plan check, the City s
perform a preliminary review of the plans to ensure that complete plans
submitted before forwarding them to the Consultant.
B. City shall provide the Consultant with the following document:
1. A copy of "Title 20: Subdivisions" and "Title 11.06: I
vation and Grading" of the Carlsbad Municipal Code, anc
revisions as they are adopted.
A copy of "Carlsbad Standards." 2.
7
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3. A copy of any other written policies, standards, or critr
~.
adopted or used by City.
Working space, telephone, desk and chair at the City faci'
designated per section l.A. herein.
4.
C. In addition to prints of the plans to be checked, the City \
furnish to the Consultant the following:
1. A print of the grading plan and proposed final map of
project, i f appl i cab1 e.
A print of any adjacent improvement plans.
A copy of the tentative map and tentative map condition
any other discretionary approval applicable.
D. Nothing in this agreement shall be construed to obligate Cit
2.
3.
provide any work to the Consultant. City reserves the right, at its sole
cretion, to assign plans for checking to Consultant, to perform plan checks
its own forces, or to assign plans for checking to another consulting fir!
3. FEES TO BE PA10 TO CONSULTANT
The Consultant shall be compensated for the actual time expended on
project. The compensation shall be based on the Consultants fee schc
effective at the time the work was done, provided however a copy of tht
schedule had previously been forwarded to the City Engineer.
4. PAYMENT OF FEES
On the first working day of each month, Consultant shall submit its in
Payment of approved ite for the work performed during the prior month.
8
e 1.
the invoice shall be mailed to the Consultant prior to the 25th day of the rnc
the invoice was submitted.
5. COVENANTS AGAINST CONTINGENT FEES
The Consultant warrants that their firm has not employed or retained
company or person, other than a bona fide employee working for the Consult;
to solicit or secure this agreement, and that Consultant has not paid or agi
to pay any company or person, other than a bona fide employee, any fee, (
mission, percentage, brokerage fee, gift, or any other consideration contin!
upon, or resulting from, the award or making this agreement. For breaci
violation of this warranty, the City shall have the right to annul this agree
without liability, or, in its discretion, to deduct from the agreement pric
consideration, or otherwise recover the full amount of such fee, commiss
percentage, brokerage fee, gift or contingent fee.
6. NONDISCRIMINATION CLAUSE
The Consultant shall comply with the State and Federal Ordinances regar
nondiscrimination.
7, TERMINATION OF CONTRACT
In the event of the Consultant’s failure to prosecute, deliver, or per
the work as provided for in this Agreement, the City may terminate this Agree
for nonperformance by notifying the Consultant by certified mail of the tr
nation of the Agreement. Final payment shall be in compliance with the Coc
Federal Regul at i ons .
8. DISPUTES
If a dispute should arise regarding the performance of work under
agreement, the following procedure shall be used to resolve any question of
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or interpretation not otherwise settled by agreement between parties.
questions, if they become identified as a part of a dispute among per
operating under the provisions of this Agreement, shall be reduced to wri
by the principal of the Consultant or the City Engineer. A copy of such c
mented dispute shall be forwarded to both parties involved along with recommc
methods of resolution which would be of benefit to both parties. The
Engineer or principal receiving the letter shall reply to the letter along
a recommended method of resolution within ten (10) days. If the resolution
obtained is unsatisfactory to the aggrieved party, a letter outlining the di!
shall be forwarded to the City Council for their resolution through the 01
of the City Manager. The City Council may then opt to consider the dirt
solution to the problem. In such cases, the action of the City Council I
be binding upon the parties involved, although nothing in this procedure I
prohibit the parties seeking remedies available to them at law.
9. RESPONSIBILITY OF THE CONSULTANT
The Consultant is hired to render professional services to perform
checks and any payments made to Consultant are compensation solely for
services. Consultant shall provide certifications as required herein, pro1
signed, by a Registered Civil Engineer’s number.
10. SUSPENSION OR TERMINATION OF SERVICES
This Agreement may be terminated by either party upon tendering t
(30) days written notice to the other party. In the event of such suspe
or termination, upon request of the City, Consultant shall assemble the
product and put same in order for proper filing and closing and deliver
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product to City. In the event of termination, the Consultant shall be paid -
work performed to the termination date.
11. STATUS OF THE CONSULTANT
The Consultant shall perform the services provided for herein in Con
tant's own way as an independent contractor and in pursuit of Consulta
independent calling, and not as an employee of the City. Consultant shal
under control of the City only as to the result to be accomplished and
personnel assigned to the project, but shall consult with the City as prov
for in the request for proposal.
The Consultant is an independent contractor of the City. The payment
to the Consultant pursuant to this Agreement shall be the full and comF
compensation to which the Consultant is entitled pursuant to this Agreen
The City shall not make any federal or state tax withholdings on behalf of
Consultant. The City shall not be required to pay any workers compens;
insurance on behalf of the Consultant. The Consultant agrees to indemnifj
City for any tax, retirement contribution, social security, overtime payn
workers compensation payment which the City may be required to make on bt
of Consultant or any employee of Consultant for work done under this Agreen
The Consultant shall be aware of the requirements of the Immigration Rc
and Control Act of 1986 and shall comply with those requirements, inc?udin!
not limited to verifying the eligibility for employment of all agents, emploj
sub-contractors and consultants that are included in this agreement.
12. OWNERSHIP OF DOCUMENTS
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All plans, studies, sketches, drawings, reports and specification: -
herein required are the property of the City, whether the work for which
are made be executed or not. In the event this Agreement is terminated,
documents, plans, specifications, drawings, reports and studies shall
delivered forthwith to the City. Consultant shall have the right to make
(1) copy of the plans for his/her records.
13. HOLD HARMLESS AGREEMENT
The City, its agents, officers, and employees shall not be liable foi
claims, goods, properties, or effects of any person whatsoever, nor for per:
injuries or death caused by, or resulting from any negligent act or omissic
Consultant or Consultant’s agents, employees, or representatives. Consul
agrees to defend, indemnify, and save free and harmless the City and its ai
rized agents, officers, and employees against any of the foregoing liabili
or claims of any kind and any cost and expense that is incurred by the Cil
account of any of the foregoing liabilities or claims of any kind and any
and expense that is incurred by the City on account of any of the fore<
liabilities, including liabilities or claims by reason of defects in any I
and specifications, unless the liability or claim is due, or arises out 01
City’s Negligence.
14. ASSIGNMENT OF AGREEMENT
The Consultant shall not assign this Agreement or any part thereof o
monies due thereunder without the prior written consent of the City.
15. SUBCONTRACTING
12
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If the Consultant shall subcontract any of the work to be performed u
this Agreement by the Consultant, Consultant shall be fully responsible to
City for the acts and omissions of Consultant's subcontractor and of the per
either directly or indirectly employed by the subcontractor, as Consul tan
for the acts and omissions of persons directly employed by Consultant. Not
contained in this Agreement shall create any contractual relationship bet
any subcontractor of Consultant and the City. The Consultant shall bind e
subcontractor and every subcontractor of a subcontractor by the terms of
Agreement applicable to Consultant's work unless specifically noted to
contrary in the subcontract in question approved in writing by the City.
16. PROHIBITED INTEREST
-
No official of the City who is authorized in such capacity on behal
the City to negotiate, make, accept, or approve, or take part in negotiat
making, accepting, or approving of any architectural, engineering, inspect
construction or rnateri a1 supply contractor, or any subcontractor in connec
with the construction of the project, shall become directly or indire
interested personally in this Contract or in any part thereof. No offi
employee, architect, attorney, engineer, or inspector of or for the Cit
exercise any executive, supervisory, or other similar functions in connec
with the performance of this Agreement shall become directly or indirc
interested personally in this Agreement or any part thereof.
17. VERBAL AGREEMENT OR CONVERSATION
No verbal agreement or conversation with any officer, agent, or emp'
of the City, either before, during, or after the execution of this Agreer
shall affect or modify any of the terms or obligations herein contained nor
13
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verbal agreement or conversation entitle the Consultant to any additional pa:
whatsoever under the terms of this Agreement.
-
18. SUCCESSORS OR ASSIGNS
Subject to the provisions of Paragraph 13, "Hold Harm1 ess Agreement,
terms, conditions, and provisions hereof shall insure to and shall bind ea
the parties hereto, and each of their respective heirs, execu
administrators, successors, and assigns.
19. EFFECTIVE DATE
This Agreement shall be effective on and from the day and year first .
written e
20. CONFLICT OF INTEREST
The Consultant shall file a Conflict of Interest Statement with the
Clerk of the City of Carlsbad. The Consultant shall report investmenl
interests in real property. The Consultant expressly affirms that he
perform no plan check services on any plans prepared by his firm or any
for applicants, which are also clients of the Consultant where there i!
possibility of a conflict of interest. The Consultant shall immediately n
the City Engineer of any circumstances which may lead to a conflict of inte
21. INSURANCE
The Consultant shall obtain and maintain a policy of comprehensive gel
liability insurance from an insurance company authorized to be in busine!
the State of California, in an insurable amount of not less than one mi
dol 1 ars ($1,000,000.00) per occurrence and annual aggregate. Thi s i nsu
shall be in force during the life of this agreement and shall not be canci
without thirty (30) days prior notice to City.
14
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1.
1
The City shall be named as an additionally insured on this policy.
Consultant shall furnish a certificate of said insurance to City upon requ
22. EXTRA WORK
The Consultant, in performing his services, shall not do extra wor
excess of this agreement without the written permission of the City or
designated representative,
IN WITNESS WHEREOF, we have hereunto set our hands and seals.
&+M IucT Lf;J6~d~~~bu6~/~c CITY OF CARLSBAD
CLAUDE A. LEWIS, Mayor
APPROVED AS TO FORM: ATTESTED :
VINCENT F. BIONDO, JR. ALETHA RAUTENKRANZ City Attorney City Clerk
15
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CONSULTANT AGREEMENT FOR
PLAN CHECKING SERVICES
THIS AGREEMENT, made and entered into as of the d,
, 1988, by and between the CITY OF CARLSBAD, a munic
corporation, hereinafter referred to as "City" and Fraser Engineering Inc
California Corporation, hereinafter referred to as "Consultant ."
RECITALS
City requires the services of an engineering consultant to providc
necessary engineering services for plan check of improvement plans, grading I
and final maps; and other services that may be required; and
Consultant possesses the necessary skills and qualifications to prl
the services required by City;
NOW, THEREFORE, in consideration of these recitals and the mutual cove
contained herein, City and Consultant agree as follows:
1. CONSULTANT'S OBLIGATIONS
A. WORK SITE AND PERSONNEL
The Consultant shall provide ski1 1 ed and know1 edgeabl e pers
satisfactory to the City. Such personnel shall perform the office porti
their duties at City facilities during the hours directed by the City.
consultant shall provide a1 1 equipment and standard engineering refe
materi a1 s necessary to perform as required herein.
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B. CHECKING IMPROVEMENT PLANS:
Consultant shall perform the following work for each project:
1. Examine plans, tour the site in the field, and become fami
with general concepts as proposed by the project applicani
access, drainage, sewer and water facilities to the site
2. Determine if the plans are in conformance with applic
conditions of approval and the approved tentative map.
3. Check hydrology and hydraulic calculations, and the desi!
the storm drain system.
4. Determine any diversions, concentrations or increase
drainage flow, and any potential for damage to off.
property resulting from such drainage.
Determine requirements for off-si te easements and whether
have been obtained.
Determine any encroachments on adjacent property.
Check adequacy and availability of sewer and water servic
the respective pipe sizing.
Check stopping sight distance, horizontal radius, and ver'
curves on streets.
Determine that the plans, as submitted, are in conformance
the Carlsbad Municipal Code, the City of Carlsbad Stand
and other applicable standards used by the City.
Determine that the striping, signing, traffic signals, an
other traffic control equipment are shown on the pl:
conformance with the Carlsbad Municipal Code, City of Car
5.
6.
7.
8.
9.
10.
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Standards, and other applicable codes and standards use
the City.
Determine that traffic control, detour, phasing, and all c
sequence plans are shown on the plan in conformance wit1
Carlsbad Municipal Code, City of Carlsbad Standards, and (
applicable codes and standards used by the City.
Determine that the improvement plans are in conformance
the approved grading pl an and final map, if appl icable ti
project. A copy of the grading plan and final map wi’
furnished with the improvement plans. The City may elei
check the grading plan and final map or include these
checks within the Consultant’s responsibilities.
11.
12.
13. Determine the accuracy of the quantity calculations ant
list of quantities.
Provide the City with a completed checklist and written c
fication that the plans are complete and accurate, and a
conformance with applicable City Codes, Stand
discretionary approvals and written policies, that the,
consistent with any grading plans, final map and any
adjacent improvement documents filed at the City.
14.
C, CHECKING GRADING PLANS:
Consultant shall perform the following:
1. Examine plans, tour the site in the field, be.come familial
the general concept as proposed by the project applicar
Determine if the plans are in conformance with applicablc
ditions of approval and the approved tentative map.
2.
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3. Determine if the general format for the plan is in conform
with City of Carlsbad requirements.
Compare the grading plan with the recommendations in the s
report provided and check that the specifications and det
in the soils report are included in the plans. Make re
mendation on necessity for additional soils review and re
any such additional soils reports that are submitted.
Compare the grading plan with the grading shown on any anc
discretionary approvals and the conditions thereto appl ic
the appropriate City body.
Compare the grading plan with the improvement plans for
project .
Compare the grading plan with the approved environmental ir
mat i on.
4.
5.
6.
7.
8. Check for the following technical items:
a.
b,
c.
Set back from property line;
Identification of property and easement lines;
Amounts noted for excavation, fill, and import or e)
(cubic yards);
d. Cut slope and fill slope ratios;
e. Existing contours;
f.
g.
Final grades shown by contours or spot elevations
Location of cut and placement of fill (daylight and '
lines shown on the plan);
h. Typical lot drainage;
i, Typical berm or swale at the top of the fill;
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j. Typical brow ditch;
k. Terrace drains;
1. Percent of grade of streets and driveways, lengt
vert i ca7 curves ; and
m. Horizontal and vertical site distance; cross check
with improvement plans.
Such other items that are contained in City Ordinal
Standards, policies and resolutions that apply.
n.
0. Good engineering practice.
9. Check hydrology and hydraulic calculations, and the desi
the drainage system.
10. Determine any diversions, concentrations or increase
drainage flow, and any potential for damage to off
property resulting from such drainage. Check for adel
capacity of brow ditches and down drains.
11. Check for non-erosive velocities at point of dischars
adequate energy dissipation.
Review erosion control measures and check for conformance
applicable codes and the City's Model Erosion Control Ordi
attached to the Carlsbad Master Drainage Study.
12.
13. Provide the City with a completed checklist and a wr
certification that the plans are complete and techni
correct, and are in conformance with applicable City C
Standards, and written policies, that they are consistent
any improvement plans, final map, and other adjacent imp
ment documents furnished by the City.
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D. CHECKING FINAL MAPS
Consultant shall perform the following:
1. Determine that the map is in conformance with applic
conditions of approval and the approved tentative map.
2. Check that the format is in compliance with the Cit:
Carlsbad requirements.
3. Check Title Report and Subdivision Guarantee, and verify
all easements are noted on the map, the legal descrir
conforms with the map, and all parties required to sigr
map have done so.
4. Check traverse closure for lots, blocks, and boundaries
easements for acceptable closure.
5. Check all easements to which the lots are subject, incli
use and reference if a1 ready of record.
Check legal descriptions and plats for any off-site easemr
check ownership against title reports, and prepare deed in
formance with City format.
Determine that the title sheet and/or Procedure of Survey
includes basis of bearings, number of lots, acreage of the
division, soils report note, and monumentation notes.
Determine that the following certificates and acknowledge
appear on the title sheet:
a. Owner’s Certificate signed and acknowledged bj
parties having record title interest, including de
tions and offers of dedications;
b. Engineer’s or Surveyor’s Certificate;
6
6.
7.
8.
(D 0
c.
d.
City Engineer's Certificate of Approval ;
City Clerk's Certificate of Approval by City Council
Acceptance of Offer of Dedication; and
e. Such other affidavits, certificates, acknowledgemei
endorsements, and notarial seals as required.
9. Determine that map is in conformance with provisions of
Surveyor's Act, the Subdivision Map Act and any and
discretionary approvals and the conditions thereto appl ie
the appropriate City body.
10. Provide the City with a completed checklist and a wri
certification that the map is complete and technically cor
and is in conformance with applicable City Codes, Standa
and written policies; that it is consistent with any impr
ment plans, grading plans, and any other adjacent improve
documents furnished by the City.
2. CITY OBLIGATIONS
A. Upon initial receipt of a request for plan check, the City 5
perform a preliminary review of the plans to ensure that complete plans
submitted before forwarding them to the Consultant.
B. City shall provide the Consultant with the following document
1. A copy of "Title 20: Subdivisions" and "Title 11.06:
vation and Grading" of the Carlsbad Municipal Code, an
revisions as they are adopted.
A copy of "Carlsbad Standards." 2.
7
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3. A copy of any other written policies, standards, or crite
adopted or used by City.
4. Working space, telephone, desk and chair at the City facil
designated per section l.A. herein.
C. In addition to prints of the plans to be checked, the City 1
furnish to the Consultant the following:
1. A print of the grading plan and proposed final map of
project, if applicable.
A print of any adjacent improvement plans.
A copy of the tentative map and tentative map condition
any other discretionary approval applicable.
D. Nothing in this agreement shall be construed to obligate Cit
provide any work to the Consultant. City reserves the right, at its sole
cretion, to assign plans for checking to Consultant, to perform plan checks
its own forces, or to assign plans for checking to another consulting firn
2.
3.
3. FEES TO BE PAID TO CONSULTANT
The Consultant shall be compensated for the actual time expended on
project. The compensation shall be based on the Consultants fee sch
effective at the time the work was done, provided however a copy of thc
schedule had previously been forwarded to the City Engineer.
4. PAYMENT OF FEES
On the first working day of each month, Consultant shall submit its ip
Payment of approved ite for the work performed during the prior month.
8
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the invoice shall be mailed to the Consultant prior to the 25th day of the rnc
the invoice was submitted.
-
5. COVENANTS AGAINST CONTINGENT FEES
The Consultant warrants that their firm has not employed or retained
company or person, other than a bona fide employee working for the Consult
to solicit or secure this agreement, and that Consultant has not paid or ag
to pay any company or person, other than a bona fide employee, any fee,
mission, percentage, brokerage fee, gift, or any other consideration contin
upon, or resulting from, the award or making this agreement. For breac
violation of this warranty, the City shall have the right to annul this agree
without liability, or, in its discretion, to deduct from the agreement pric
consideration, or otherwise recover the full amount of such fee, commiss
percentage, brokerage fee, gift or contingent fee.
6. NONDISCRIMINATION CLAUSE
The Consultant shall comply with the State and Federal Ordinances regar
nondiscrimination.
7, TERMINATION OF CONTRACT
In the event of the Consultant’s failure to prosecute, deliver, or per
the work as provided for in this Agreement, the City may terminate this Agre
for nonperformance by notifying the Consultant by certified mail of the t
nation of the Agreement. Final payment shall be in compliance with the Co
Federal Regul ati ons.
8. DISPUTES
If a dispute should arise regarding the performance of work under
agreement, the following procedure shall be used to resolve any question of
9
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or interpretation not otherwise settled by agreement between parties.
questions, if they become identified as a part of a dispute among per
operating under the provisions of this Agreement, shall be reduced to wri
by the principal of the Consultant or the City Engineer. A copy of such d
mented dispute shall be forwarded to both parties involved along with recomme
methods of resolution which would be of benefit to both parties. The
Engineer or principal receiving the letter shall reply to the letter along
a recommended method of resolution within ten (10) days. If the resolution
obtained is unsatisfactory to the aggrieved party, a letter outlining the dis
shall be forwarded to the City Council for their resolution through the Of
of the City Manager. The City Council may then opt to consider the dirc
solution to the problem. In such cases, the action of the City Council 5
be binding upon the parties involved, although nothing in this procedure 5
prohibit the parties seeking remedies available to them at law.
9. RESPONSIBILITY OF THE CONSULTANT
The Consultant is hired to render professional services to perform
checks and any payments made to Consultant are compensation solely for
services.
signed, by a Registered Civil Engineer’s number.
Consultant shall provide certifications as required herein, pro[
10. SUSPENSION OR TERMINATION OF SERVICES
This Agreement may be terminated by either party upon tendering tl
(30) days written notice to the other party. In the event of such suspei
or termination, upon request of the City, Consultant shall assemble the
product and put same in order for proper filing and closing and deliver
10
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L
product to City. In the event of termination, the Consultant shall be paic
work performed to the termination date.
11. STATUS OF THE CONSULTANT
The Consultant shall perform the services provided for herein in Cor
tant's own way as an independent contractor and in pursuit of Consult:
independent calling, and not as an employee of the City. Consultant shal
under control of the City only as to the result to be accomplished and
personnel assigned to the project, but shall consult with the City as pro\
for in the request for proposal.
The Consultant is an independent contractor of the City. The payment
to the Consultant pursuant to this Agreement shall be the full and coml
compensation to which the Consultant is entitled pursuant to this Agreer
The City shall not make any federal or state tax withholdings on behalf 0'
Consultant. The City shall not be required to pay any workers cornpens(
insurance on behalf of the Consultant. The Consultant agrees to indemnif:
City for any tax, retirement contribution, social security, overtime payi
workers compensation payment which the City may be required to make on bc
of Consultant or any employee of Consultant for work done under this Agreei
The Consultant shall be aware of the requirements of the Immigration Ri
and Control Act of 1986 and shall comply with those requirements, includin
not limited to verifying the eligibility for employment of all agents, emplo,
sub-contractors and consultants that are included in this agreement.
12. OWNERSHIP OF DOCUMENTS
11
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All plans, studies, sketches, drawings, reports and specifications
herein required are the property of the City, whether the work for which *
are made be executed or not. In the event this Agreement is terminated,
documents, plans, specifications, drawings, reports and studies shall
delivered forthwith to the City. Consultant shall have the right to make
(1) copy of the plans for his/her records.
c
13. HOLD HARMLESS AGREEMENT
The City, its agents, officers, and employees shall not be liable for
claims, goods, properties, or effects of any person whatsoever, nor for pers
injuries or death caused by, or resulting from any negligent act or omissic
Consultant or Consultant's agents, employees, or representatives. Consul
agrees to defend, indemnify, and save free and harmless the City and its ai
rized agents, officers, and employees against any of the foregoing liabili
or claims of any kind and any cost and expense that is incurred by the Ci'
account of any of the foregoing liabilities or claims of any kind and any
and expense that is incurred by the City on account of any of the fore!
liabilities, including liabilities or claims by reason of defects in any 1
and specifications, unless the liability or claim is due, or arises out o
City's Negligence.
14. ASSIGNMENT OF AGREEMENT
The Consultant shall not assign this Agreement or any part thereof c
monies due thereunder without the prior written consent of the City.
15. SUBCONTRACTING
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If the Consultant shall subcontract any of the work to be performed ut
this Agreement by the Consultant, Consultant shall be fully responsible to
City for the acts and omissions of Consultant's subcontractor and of the per:
either directly or indirectly employed by the subcontractor, as Consul tan.
for the acts and omissions of persons directly employed by Consultant. Not1
contained in this Agreement shall create any contractual relationship bet1
any subcontractor of Consultant and the City. The Consultant shall bind e
subcontractor and every subcontractor of a subcontractor by the terms of
Agreement applicable to Consultant's work unless specifically noted to
contrary in the subcontract in question approved in writing by the City.
16. PROHIBITED INTEREST
No official of the City who is authorized in such capacity on behal
the City to negotiate, make, accept, or approve, or take part in negotiat
making, accepting, or approving of any architectural, engineering, inspect
construction or material supply contractor, or any subcontractor in connec
with the construction of the project, shall become directly or indirc
interested personally in this Contract or in any part thereof. No off.
employee, architect, attorney, engineer, or inspector of or for the Cit
exercise any executive, supervisory, or other similar functions in connel
with the performance of this Agreement shall become directly or indin
interested personally in this Agreement or any part thereof.
17. VERBAL AGREEMENT OR CONVERSATION
No verbal agreement or conversation with any officer, agent, or emp
of the City, either before, during, or after the execution of this Agree
shall affect or modify any of the terms or obligations herein contained nor
13
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verbal agreement or conversation entitle the Consultant to any additional pa) - whatsoever under the terms of this Agreement,
18. SUCCESSORS OR ASSIGNS
Subject to the provisions of Paragraph 13, "Hold Harm1 ess Agreement,
terms, conditions, and provisions hereof shall insure to and shall bind ea1
the parties hereto, and each of their respective heirs, execu
administrators, successors, and assigns.
19. EFFECTIVE DATE
This Agreement shall be effective on and from the day and year first
written.
20. CONFLICT OF INTEREST
The Consultant shall file a Conflict of Interest Statement with the
Clerk of the City of Carlsbad. The Consultant shall report investmen'
interests in real property. The Consultant expressly affirms that he
perform no plan check services on any plans prepared by his firm or any
for applicants, which are also clients of the Consultant where there i
possibility of a conflict of interest. The Consultant shall immediately n
the City Engineer of any circumstances which may lead to a conflict of inte
21. INSURANCE
The Consultant shall obtain and maintain a pol icy of comprehensive ge
liability insurance from an insurance company authorized to be in busine
the State of California, in an insurable amount of not less than one mi
dollars ($1,000,000.00) per occurrence and annual aggregate. This ins1
shall be in force during the life of this agreement and shall not be can(
without thirty (30) days prior notice to City.
14
.
z a 7)
The City shall be named as an additionally insured on this policy.
Consultant shall furnish a certificate of said insurance to City upon requr
22. EXTRA WORK
The Consultant, in performing his services, shall not do extra work
excess of this agreement without the written permission of the City or
designated representative.
IN WITNESS WHEREOF, we have hereunto set our hands and sealsl
- ((. i- CITY OF CARLSBAD I
,I 41 :f ?{c.,l ~ ?-- , BY: \_ -c- CLAUDE A. LEWIS, Mayor
TITLE: ~PC. J,c\c-; r- t
APPROVED AS TO FORM: ATTEST ED :
VINCENT F. BIONDO, JR. ALETHA RAUTENKRANZ
City Attorney City Clerk
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