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HomeMy WebLinkAbout1989-03-07; City Council; 9895; APPROVAL OF CONSULTANT AGREEMENT FOR PROVISION OF ENGINEERING PLANCHECK SERVICESD 8 hle 13, 2 9 .. z 0 6 5 a z 3 0 0 CITBOF CARLSBAD - AGENDWILL l;c I e< - AB# 9gqs TITLE: DEP CITY MTG. 3-7-89 APPROVAL OF CONSULTANT AGREEMENT FOR PROVISION OF ENGINEERING DEPT.h PLANCHECK SERVICES CITV RECOMMENDED ACTION: Adopt Resolution No. $9-9 Japproving two consultant agreements for planchecking sei authorizing the Mayor to execute same. ITEM EXPLANATION The 1988-89 Engineering Department Budget contains funds to provide for ( planchecking of improvement plans, grading plans, and final maps. City Council has 1 approved consultant agreements with Fraser Engineering, Helming Engineering an1 Associates to provide those services. These firms have not been able to supply the ( sufficient number of planchecking personnel required by the increase in developme1 A request for proposals to provide consultant planchecking was made and respo received from four firms. These firms responded that they would provide those servic following rates: Mario Ingrasi, sole proprietor - $40 per hour John A. Leathers, Jr., sole proprietor - $45 per hour The McIntire Group - $45 - $55 per hour Robert Bein, William Frost and Associates - $50 - $60 per hour Based on these proposals, staff recommends that Council approve consultant agreen Mario Ingrasi and John A. Leathers, Jr. for provision of planchecking services. FISCAL IMPACT: Sufficient funds are available in the 1988-89 Engineering Department Budget to ( necessary consultant services. EXHIBITS: 1. Resolution No. %ye' 'approving agreements with Mario Ingrasi and John A. Jr. for provision of consultant planchecking services. Consultant Agreement with Mario Ingrasi Consultant Agreement with John A. Leathers, Jr. 2. 3. - L 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 l8 19 20 21 22 23 24 25 26 27 28 0 0 RESOLUTION NO. 89-71 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A CONSULTANT AGREEMENT FOR ENGINEERING PLANCHECKING SERVICES. WHEREAS, the City Manager recommends and the City Council concurs I planchecking services must be made available in order for the City to fulfill its ot: WHEREAS, satisfactory agreements with Mario Ingrasi and John A. have been negotiated and; WHEREAS, sufficient funds are available in the 1988-89 Engineering Depa NOW, THEREFORE, be it resolved by the City Council of the City of Carlst as follows: 1. 2. That the above recitations are true and correct. That an Agreement between the City of Carlsbad and Mario 1 proprietor, for provision of planchecking services, a copy of which is attached (Exhit a part hereof, is hereby approved. 3. That an Agreement between the City of Carlsbad and John A. Leatl 1 proprietor, for provision of planchecking services, a copy of which is attached (Exhit I 1 a part hereof, is hereby approved. Ill Ill Ill Ill I// 111 Ill Ill i 1 2 3 4 5 6 7 8 9 10 11 l2 13 14 15 16 l? 18 19 20 21 22 23 24 25 26 27 28 e e 4. That the Mayor of the City of Carlsbad is hereby authorized and direct said agreement for and on behalf of the City of Carlsbad. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbac held on the 7th day of March , 1989 by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Pettine, Mamaux NOES: None ABSENT: None ATTEST: aeza',) ALETHA L. R5-b Clerk (SEAL) 0 0 AGREEMENT FOR CONSULTANT PLANCHECKING SERVICES THIS AGREEMENT, made and entered into as of the day of - , 1988, by and between th4 CITY OF CARLSRAD, a municipal corpora hereinafter referred to as "City" and Mr. John A. Leathers, Jr. , sole propric hereinafter referred to as "Consultant." RECITALS City requires the services of Consultant to provide the enginec consultant services for planchecking; 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 follows: 1. CONSULTANT'S OBLIGATIONS A. To perform plan study and map review duties as assigned by the Engineer or his designate. To provide personnel acceptable to the City Engineer during the t of 8:OO a.m. to 5:OO p.m., Monday through Friday, excluding hol ic The Consultant at his option may provide as few as 24 hours of in any one week. B. 1 e e 2. CITY OBLIGATIONS The City will provide working area at the Las Palmas Drive buildinc provide City Standards, Ordinance, Policy and direction in implementatic plan and map review. The City will provide 48 hours advance notice tc Consultant that Consultant’s services are required. 3. PROGRESS AND COMPLETION The work under this Agreement will begin immediately upon approval. Consultant will work on an “as-needed“ basis depending on the amount and of work that the City wishes to assign to him. 4. FEES TO BE PAID TO CONSULTANT Consultant shall be compensated far the actual time expended on project at the rate of $45.00 per hour. All work exceeding 8 hours per d( 40 hours per week shall be paid at the overtime rate of $67.50 per I Authorization must be obtained from the Consultants Supervisor prior tc ,overt i me work. 5. PAYMENT OF FEES Payment of fees shall be within thirty (30) days after receipt of in\ for services from Consultant. 6. CHANGES IN WORK If, in the course of this Agreement, changes seem merited by the Consu’ or the City, and informal consultations with the other party indicate tl change in the conditions of the Contract is warranted, the Consultant 01 City may request a change in Agreement. Such changes shall be processed bj City in the following manner: A letter outlining the required changes shal forwarded to the City or Consultant to inform them of the proposed changes 2 with a statement of estimated changes in charges or time schedule. / 2 I) 0 reaching mutual agreement on the proposal, a supplemental agreement shal prepared by the City and approved by the City Council. Such supplemental a! ment shall not render ineffective or invalidate unaffected portions of agreement. Changes requiring immediate action by the Consultant or City I be ordered by the City Engineer who will inform a principal of the Consult firm of the necessity of such action and follow up with a supplemental agrel covering such work. 7. DESIGN STANDARDS The Consultant shall review the maps, studies, plans and specifica in accordance with the design standards of the City of Carlsbad and recog current design practices. Applicable City of Carlsbad Standards and Reg Standards shall be used where appropriate. Copies of such standards sha obtained from the City of Carlsbad. 8. COVENANTS AGAINST CONTINGENT FEES The Consultant warrants that their firm has not employed or retainel 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, co sion, percentage, brokerage fee, gift, or any other consideration conti upon, or resulting from, the award or making this agreement. For breal 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. 3 e 0 9. NONDISCRIMINATION CLAUSE The Consultant shall comply with the State and Federal Ordinances regar nondiscrimination. 10, 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 ter ation of the Agreement. The Consultant, thereupon, has five (5) working to deliver said documents owned by the City and all work in progress to the Engineer. The City Engineer shall make a determination of fact based upon documents delivered to City of the percentage of work which the Consultant performed which is usable and of worth to the City in having the Agree completed. Based upon that finding as reported to the City Council, the Cou shall determine the final payment of the Agreement. Final payment shall t: compliance with the Code of Federal Regulations. 11. DISPUTES If a dispute should arise regarding the performance of work under agreement, the following procedure shall be used to resolve any question of or interpretation not otherwise settled by agreement between parties. questions, if they become identified as a part of a dispute among pel operating under the provisions of this Agreement, shall be reduced to wr' by the principal of the Consultant or the City Engineer. A copy of such ( 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 4 e 0 obtained is unsatisfactory to the aggrieved party, a letter outlining the diz 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 dirc 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. 12. RESPONSIBILITY OF THE CONSULTANT The Consultant is hired to render professional services and any pay1 made to Consultant are compensation solely for such services. 13. SUSPENSION OR TERMINATION OF SERVICES This Agreement may be terminated by either party upon tendering ti In the event of such suspei (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 fil ing and closing and del iver product to City. In the event of termination, the Consultant shall be pai work performed on an hourly basis. The City shall make the final determin as to the portions of tasks completed and the compensation to be made. Comp tion to be made in compliance with the Code of Federal Regulations. No herein shall obligate the City to avail itself of the Consultant's servic any minimum or maximum amount of time during any week or month. 14. STATUS OF THE CONSULTANT The Consultant shall perform the services provided for herein in Co tant's own way as an independent contractor and in pursuit of Consult independent calling, and not as an employee of the City. Consultant sha under control of the City only as to the result to be accomplished an personnel assigned to the project, but shall consult with the City as pra 5 a e personnel assigned to the project, but shall consult with the City as prov for in the Consultant’s ob1 igations herein. The Consultant is an independent contractor of the City. The payment to the Consultant pursuant to this Agreement shall be the full and cornp compensation to which the Consultant is entitled pursuant to this Agreer 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 compensa 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 be of Consultant or any employee of Consultant for work done under this Agreen The Consultant shall be aware of the requirements of the Immigration RE and Control Act of 1986 and shall comply with those requirements, includins not limited to verifying the eligibility for employment of all agents, emploj sub-contractors and consultants that are included in this agreement. 15. CONFORMITY TO LEGAL REOUIREMENTS The Consultant shall annotate all drawings and specifications to cor to all applicable requirements of law: Federal, State and local. 16. OWNERSHIP OF DOCUMENTS 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 shal delivered forthwith to the City. Consultant shall have the right to makc (1) copy of the plans for his/her records. 6 0 e 17. HOLD HARMLESS AGREEMENT The City, its agents, officers and employees shall not be liable for claims, liabilities, penalties, fines, or any damage to goods, properties effects of any person whatever, nor for personal injuries or death caused or resulting from, or claimed to have been caused by, or resulting from, any or omission of Consultant or Consultant’s agents, employees or representati Consultant agrees to defend, indemnify, and save free and harmless the City its authorized agents, officers and employees against any of the foreg liabilities or claims of any kind and any cost and expense that is incurre the City on account of any of the foregoing liabilities, including liabili or claims by reason of alleged defects in any plans and specifications, un the.liability or claim is due, or arises out of, solely to the City’s neglige 18. 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. 19. SUBCONTRACTING The Consultant shall not subcontract any portion of the work unless I written agreement has been obtained from the City. If the Consultant ! subcontract any of the work to be performed under this Agreement by the Coi tant, Consultant shall be fully responsible to the City for the acts and ( sions of Consultant’s subcontractor and of the persons either directly 01 directly employed by the subcontractor, as Consultant is for the acts and ( sions of persons directly employed by Consultant. Nothing contained in Agreement shall create any contractual re1 ationship between any subcontr of Consultant and the City. The Consultant shall bind every subcontracto every subcontractor of a subcontractor by the terms of this Agreement appl i 7 0 0 to Consultant's work unless specifically noted to the contrary in the subcon in question approved in writing by the City. 20. PROHIBITED INTEREST No official of the City who is authorized in such capacity on beha the City to negotiate, make, accept, or approve, or take part in negotia making, accepting, or approving of any architectural j engineering inspec construction or material supply contractor, or any subcontractor in conne with the construction of the project, shall become directly or indirectly rested personally in this Contract or in any part thereof. No officer, empl architect, attorney, engineer, or inspector of or for the City to exercis executive, supervisory, or other similar functions in connection with the ormance of this Agreement shall become directly or indirectly interested p nally in this Agreement or any part thereof. 21. 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 verbal agreement or conversation entitle the Consultant to any additional pa whatsoever under the terms of this Agreement. 22. SUCCESSORS OR ASSIGNS Subject to the provisions of Paragraph 17, "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 admi ni st ra t ors , successors, and assigns 4 8 0 0 23. EFFECTIVE DATE This Agreement shall be effective on and from the day and year first a written. 24. 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. IN WITNESS WHEREOF, we have hereunto set our hands and seals. CITY OF CARLSBAD 0 pc+> JOHN Sol e LEATH Proprietor S, aka Mayor CLAUDE A. LEWIS JOHN A, g47HEa5, JR. ATTEST ED : ALETHA RAUTENKRANZ City Clerk 9 e @ AGREEMENT FOR CONSULTANT PLANCHECKING 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 Mr. Mario Ingrasci, sole proprie hereinafter referred to as "Consultant." RECITALS . City requires the services of Consultant to provide the enginec consultant services for pl anchecking; and Consultant possesse's the necessary skills and qualifications to prc the services required by City; NOW, THEREFORE, in consideration of these recitals and the mutual covet contained herein, City and Consultant agree as follows: 1. CONSULTANT'S OBLIGATIONS A. To perform plan study and map review duties as assigned by the Engineer or his designate. B. To provide personnel acceptable to the City Engineer during the of 8:OO a.m. to 5:OO p.m., Monday through Friday, excluding hol i The Consultant at his option may provide as few as 24 hours 01 in any one week. 1 0 0 2. CITY OBLIGATIONS The City will provide working area at the Las Palmas Drive building provide City Standards, Ordinance, Pol icy and direction in implementatio plan and map review. The City will provide 48 hours advance notice to Consultant that Consultant's services are required. 3. PROGRESS AND COMPLETION The work under this Agreement will begin immediately upon approval. Consultant will work on an "as-needed" basis depending on the amount and of work that the City wishes to assign to him. 4. FEES TO BE PAID TO CONSULTANT Consultant shall be compensated for the actual time expended on project at the rate of $40.00 per hour. All work exceeding 8 hours per d 40 hours per week shall be paid at the overtime rate of $45.00 per Authorization must be obtained from the Consultants Supervisor prior t overtime work. 5. PAYMENT OF FEES Payment of fees shall be within thirty (30) days after receipt of in for services from Consultant. 6. CHANGES IN WORK If, in the course of this Agreement, changes seem merited by the Consb or the City, and informal consultations with the other party indicate t change in the conditions of the Contract is warranted, the Consultant ( City may request a change in Agreement. Such changes shall be processed ' City in the following manner: A letter outlining the required changes sh forwarded to the City or Consultant to inform them of the proposed changes with a statement of estimated changes in charges OP time schedule. 2 0 e reaching mutual agreement on the proposal ? a supplemental agreement shall prepared by the City and approved by the City Council. Such supplemental agj ment shall not render ineffective or invalidate unaffected portions of agreement. Changes requiring immediate action by the Consultant or City SI be ordered by the City Engineer who will inform a principal of the Consulta firm of the necessity of such action and follow up with a supplemental agree covering such work. 7. DESIGN STANDARDS The Consultant shall review the maps, studies, plans and specificat in accordance with the design standards of the City of Carlsbad and recogn current design practices. Applicable City of Carlsbad Standards and Regi Standards shall be used where appropriate. Copies of such standards shal obtained from the City of Carlsbad. a. 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 Consul1 to solicit or secure this agreement, and that Consultant has not paid or ar to pay any company or person, other than a bona fide employee, any fee, COI sion, 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. 3 e e 9. NONDISCRIMINATION CLAUSE The Consultant shall comply with the State and Federal Ordinances regar nondiscrimination. IO. 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 ter ation of the Agreement. The Consultant, thereupon, has five (5) working to deliver said documents owned by the City and all work in progress to the Engineer. The City Engineer shall make a determination of fact based upor documents delivered to City of the percentage of work which the Consultanl performed which is usable and of worth to the City in having the Agrec completed. Based upon that finding as reported to the City Council, the Cot shall determine the final payment of the Agreement. Final payment shall t compl i ance with the Code of Federal Regulations. 11. DISPUTES If a dispute should arise regarding the performance of work under agreement, the following procedure shall be used to resolve any question of or interpretation not otherwise settled by agreement between parties. questions, if they become identified as a part of a dispute among pe operating under the provisions of this Agreement, shall be reduced to wr by the principal of the Consultant or the City Engineer. A copy of such mented dispute shall be forwarded to both parties involved along with recomn methods of resolution which would be of benefit to both parties. The Engineer or principal receiving the letter shall reply to the letter alon! a recommended method of resolution within ten (10) days. If the resolutioi 4 0 e 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 s be binding upon the parties involved, although nothing in this procedure s prohibit the parties seeking remedies available to them at law. 12. RESPONSIBILITY OF THE CONSULTANT The Consultant is hired to render professional services and any payn made to Consultant are compensation solely for such services. 13. SUSPENSION OR TERMINATION OF SERVICES This Agreement may be terminated by either party upon tendering tt (30j days written notice to the other party. In the event of such susper or termination, upon request of the City, Consultant shall assemble the product and put same in order for proper filing and closing and del iver product to City. In the event of termination, the Consultant shall be paic work performed on an hourly basis. The City shall make the final determini as to the portions of tasks completed and the compensation to be made. Cornpc tion to be made in compliance with the Code of Federal Regulations. No1 herein shall obligate the City to avail itself of the Consultant's servicf any minimum or maximum amount of time during any week or month. 14. STATUS OF THE CONSULTANT The Consultant shall perform the services provided for herein in Coi tant's own way as an independent contractor and in pursuit of Consult independent calling, and not as an employee of the City. Consultant sha' under control of the City only as to the result to be accomplished an( personnel assigned to the project, but shall consult with the City as pro 5 e * personnel assigned to the project, but shall consult with the City as proi for in the Consultant’s obligations herein. 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 oi Consultant. The City shall not be required to pay any workers cornpens( insurance on behalf of the Consultant. The Consultant agrees to indemnif: City far any tax, retirement contribution, social security, overtime pay1 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 Agree1 The Consultant shall be aware of the requirements of the Immigration RI and Control Act of 1986 and shall comply with those requirements, includini not limited to verifying the eligibility for employment of all agents, emplo. sub-contractors and consultants that are included in this agreement. 15. CONFORMITY TO LEGAL REQUIREMENTS . The Consultant shall annotate all drawings and specifications to co to all applicable requirements of law: 16. OWNERSHIP OF DOCUMENTS Federal, State and local. All plans, studies, sketches, drawings, reports and specificatior 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 shal delivered forthwith to the City. Consultant shall have the right to mak (1) copy of the plans for his/her records. 6 e a 17. HOLD HARMLESS AGREEMENT The City, its agents, officers and employees shall not be liable for claims, liabilities, penalties, fines, or any damage to goods, properties effects of any person whatever, nor for personal injuries or death caused or resulting from, or claimed to have been caused by, or resulting from, ani or omission of Consultant or Consultant's agents, employees or representati Consultant agrees to defend, indemnify, and save free and harmless the Citj its authorized agents, officers and employees against any of the fore( liabilities or claims of any kind and any cost and expense that is incurrc the City on account of any of the foregoing liabilities, including liabil. or claims by reason of alleged defects in any plans and specifications, UT the. liability or claim is due, or arises out of, solely to the City's negligc 18. ASSIGNMENT OF AGREEMENT The Consultant shall not assign this Agreement or any part thereof 01 monies due thereunder without the prior written consent of the City. 19. SUBCONTRACTING The Consultant shall not subcontract any portion of the work unless 1 written agreement has been obtained from the City. If the Consultant ' subcontract any of the work to be performed under this Agreement by the Coi tant, Consultant shall be fully responsible to the City for the acts and 1 sions of Consultant's subcontractor and of the persons either directly 0' directly employed by the subcontractor, as Consultant is for the acts and sions of persons directly employed by Consultant. Nothing contained in Agreement shall create any contractual re1 ationship between any subcontr of Consultant and the City. The Consultant shall bind every subcontracto every subcontractor of a subcontractor by the terms of this Agreement appl i 7 1)) 0 to Consultant's work unless specifically noted to the contrary in the subcon in question approved in writing by the City. 20. PROHIBITED INTEREST No official of the City who is authorized in such capacity on beha the City to negotiate, make, accept, or approve, or take part in negotia making, accepting, or approving of any architectural, engineering inspec construction or material supply contractor, or any subcontractor in conne with the construction of the project, shall become directly or indirectly rested personally in this Contract or in any part thereof. No officer, empl architect, attorney, engineer, or inspector of or for the City to exercis executive, supervisory, or other similar functions in connection with the ormance of this Agreement shall become directly or indirectly interested I: nally in this Agreement or any part thereof. 21. VERBAL AGREEMENT OR CONVERSATION No verbal agreement or conversation with any officer, agent, or emF of the City, either before, during, or after the execution of this Agrec shall affect or modify any of the terms or obligations herein contained no) verbal agreement or conversation entitle the Consultant to any additional pi whatsoever under the terms of this Agreement. 22. SUCCESSORS OR ASSIGNS Subject to the provisions of Paragraph 17, "Hold Harmless Agreement terms, conditions, and provisions hereof shall insure to and shall bind e the parties hereto, and each of their respective heirs, exec administrators, successors, and assigns. 8 @ @ I This Agreement shall be effective on and from the day and year first a written. 24. 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. IN WITNESS WHEREOF, we have hereunto set our hands and seals. CITY OF CARLSBAD MARIO I RASC CLAUDE A. LEUIS Mayor BY: &L+!)b Sol e Proprietor APPROVED AS TO FORM: ATTEST ED : ALETHA RAUTENKRANZ City Clerk 9