Loading...
HomeMy WebLinkAbout1989-05-23; City Council; 10039; APPROVAL OF PLAN CHECK CONSULTANT LIST AND AGREEMENTSb 1 n : pt 5 -- g F 0 a 2 3 0 0 z I L DEP APPROVAL OF PLAN CHECK CONSULTANT LIST CITY CITY AGENP B'LL GImWF CARLSBAD - AB#-, TITLE: ~~~.Sla3lBq- DEPT. PLN AND AGREEMENTS RECOMMENDED ACTION: Adopt Resolution No. 87-/~~9 approving three consultant agreeme for landscape and irrigation plan checking and inspect services, and authorizing the maintenance of a list of qualif plan check consultants. ITEM EXPLANATION The services of a landscape plan check consultant are necess because staff expertise is limited in this area and m homeowner groups have encountered problems with landscape des and installation. Approval of a list of qualified firms which agree to prov landscape and irrigation plan checking and inspection servi on an as-needed basis will allow the City to utilize the fi depending upon the number of plans submitted for review. A request for proposals to provide these services was made four responses were received. The proposals were reviewed three firms were selected to form agreements with and to included on the list. The firms of Lawrence Black based on their experience and recommendations from past present employers. Staff will solicit additional firms for the list each year renew agreements with those on this list based upon costs demonstrated performance. Associates, Ralph Stone and Associates and KTU&A were selec ENVIRONMENTAL REVIEW None. FISCAL IMPACT Consultant fees will be recovered by incorporating landscape p check fees in the existing improvement plan review construction inspection fee schedule per Section 20.08.050 of Carlsbad Municipal Code. EXHIBITS 1) Resolution No. Sq-JS? approving three consultant agreeme for plan checking services and authorizing the maintenance a list of qualified plan check consultants. 2) Consultant Agreement with Lawrence Black and Associates 3) Consultant Agreement with Ralph Stone and Associates 4) Consultant Agreement with KTUtA 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 RESOLUTION NO. 89-159 0 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 con1 consultant plan checking services be made available in order to fu' obligations; and WHEREAS, there exists a need for maintaining a list of qualified providing plan checking services; and WHEREAS, satisfactory agreements have been negotiated with the Lawrence Black and Associates, Ralph Stone and Associates and KTU&A. NOW, THEREFORE BE IT RESOLVED, by the City Council of thc Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That the City Council hereby authorizes the Mayor to exf check agreements with Lawrence Black and Associates, Ra7ph Associates and KTU&A. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carl Council held on the 23rd day of May , 1989 by the vote, to wit: AYES: NOES: None ABSENT: None Council Members Lewis, Kulchin, Pettine, Mamaux and Lari / (f //]/ 4&$7[/-- --T, CLAUDE A, LEWIS, Mayor ATTEST: &isL. EN R. K%@ %T+ De ut)y City City Clerk Clerk (SEAL! u* 0 e AGREEMENT FOR CONSULTANT THIS AGREEMENT, made and entered into as of the day of , 1989, by and between the CITY OF CARLSBAD, a municipal corporat hereinafter referred to as "City" and Ralph Stone and Associates, herein; referred to as "Consultant." RECITALS City requires the services of Consultant to provide landscape irrigation plan checking and inspection consultant services for various appr pub1 ic and private development projects; and Consultant possesses the neces skills and qualifications to provide 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 PLAN CHECK A. Under the general direction of the Planning Department, review p for conformance with project conditions of approval and ( standards including the City's Landscape Guide1 ines Manual coordinate approval with other departments. 8. Transmit check prints to and from City until approved. C. Sign plans as complete and meeting City standards and condition approval and approve final cost estimate. D. Assist the Engineering Department in preparing standard agreen package, including security package. 1 0 * , E. Attend pre-construction meeting. F. Review construction changes, plan revisions, and construc G. H. conflicts. Review as-built drawings for approval. The consultant shall coordinate with the work as an extension of Staff. All plan checking shall be done at the City in the Commu Development Department. The consultant shall not, however considered a City employee or agent of the City. - INSPECTION A. Attend pre-construction meeting and any subsequent meeting: necessary. Inspection for the purposes of this agreement shall mean that Consultant shall visually verify at the project site that approved pl ans and specifications have been imp1 emented. Consultant will not be required to: measure thicknesses irrigation piping, verify chemical ingredients of irrigation pip conduct psi ratings or slump tests for concrete work at 28 d verify 90% compaction of soils, conduct horticultural soil test and land surveying to verify grades or invert grades. Inspect project through completion for compliance with City stand, and conditions of approval, including preparation of a punch 1 and review and approval of as-built plans. D. The Consultant shall supply the inspector with an appropr inspection vehicle. E. The Consultant will ensure that each inspector is equipped 1 appropriate safety attire. F. The Consultant will be responsible for preparing and scbnittin the City for approval, a weekly schedule for the inspector out1 ii the project assignments and estimated hours for each project. schedule shall take into consideration vacation time and substitution of replacement personnel. At the end of each week, schedule shall be completed by noting the actual hours worked on I project. 8. C. 2. CITY OBLIGATIONS A. The City shall provide working area at the Las Palmas drive buill and City Standards, Ordinance, Pol icy and direction in implemental of pl an revi ew. 2 0 0 B. Nothing in this agreement shall be construed to obligate Cit: provide any work to the Consultant. City reserves the right, at sole discretion, to assign plans for checking to Consultant, perform plan checks with its own forces or to assign plans checking to another consulting firm. 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 type of work that the City wishes to assign to him. The performance of services by CONSULTANT shall not re1 ieve CONSULTANT . any obligation to correct any incomplete, inaccurate or defective worl no further cost to CITY, when such inaccuracies are due to the negligc of CONSULTANT, provided such work has not been accepted in writing by C 4. FEES TO BE PAID TO CONSULTANT The fee payable according to Paragraph 5, "Payment of Fees", shall bc the rate of fifty dollars ($50.00) per hour for plan check, seventy dol' ($70.00) per hour for Principal fifty-dollars ($50.00) per hour for f observation and twenty-five dollars ($25.00) per hour for clerical. other compensation for services will be allowed except those items COVI by supplemental agreements per Paragraph (6), "Changes in Work." 5. PAYMENT OF FEES Payment of fees shall be within thirty (30) days after receipt and apprc of monthly statements provided by consultant. 6. CHANGES IN WORK If, in the course of this Agreevent and design, changes seen merite: the Consultant or the City, and informal consultations with the other pi indicate that a change in the conditions of the Contract is warranted, Consultant or the City may request a change in Agreement. Such chai shall be processed by the City in the following manner: A letter outlii the required changes shall be forwarded to the City or Consultant to in, them of the proposed changes along with a statement of estimated chai in charges or time schedule. After reaching mutual agreement on proposal, a supplemental agreement shall be prepared by the City approved by the City Counci 1 . Such supplemental agreement shall not rer ineffective or invalidate unaffected portions of the agreement. Char requiring immediate action by the Consultant or City shall be orderec the City Engineer who will inform a principal of the Consultant's fir1 the necessity of such action and follow up with a supplemental agreer covering such work. 3 0 0 *. 7. DESIGN STANDARDS The Consultant shall review the plans and specifications in accordance the design standards of the City of Carlsbad and recognized current dl practices. Applicable City of Carlsbad Standards and Regional Stan1 obtained from the City of Carlsbad. shall be used where appropriate. Copies of such standards shal 8. COVENANTS AGAINST CONTINGENT FEES The Consultant warrants that their firm has not employed or retainei company or person, other than a bona fide employee working for Consultant, to solicit or secure this agreement, and that Consul tan. not paid or agreed to pay any company or person, other than a bona employee, any fee, commission, percentage, brokerage fee, gift, 01 other consideration contingent upon, or resulting from, the award or m this agreement. For breach or violation of this warranty, the City have the right to annul this agreement without liability, or, ir discretion, to deduct from the agreement price or consideration otherwise recover the full amount of such fee, commission, percen brokerage fee, gift or contingent fee. 9. NONDISCRIMINATION CLAUSE The Consultant shall comply with the State and Federal Ordinances regal nondiscrimination. 10. TERMINATION OF CONTRACT In the event of the Consultant’s failure to prosecute, deliver, or pel the work as provided for in this Agreement, the City may terminate Agreement for nonperformance by notifying the Consultant by certified of the termination of the Agreement. The Consultant, thereupon, has (5) working days to deliver said documents owned by the City and all in progress to the City P7anning Director. The City Planning Dirc shall make a determination of fact based upon the documents deliverc City of the percentage of work which the Consultant has performed v is usable and of worth to the City in having the Agreement complt Based upon that finding as reported to the City Council, the Council 2 determine the final payment of the Agreement. Final payment shall t compl i ance with the Code of Federal Regul at ions. 11. DISPUTES If a dispute should arise regarding the performance of work under agreement, the following procedure shall be used to resolve any ques of fact or interpretation not otherwise settled by agreement bet parties. Such questions, if they become identified as a part of a diz 4 0 0 A’ among persons operating under the provisions of this Agreement, sha- reduced to writing by the principal of the Consultant or the City Plai Director. A copy of such documents dispute shall be forwarded to parties involved along with recommended methods of resolution which \ be of benefit to both parties. The City Planning Director or prim receiving the letter shall reply to the letter along with a recommc method of resolution within ten (10) days. If the resolution this obt is unsatisfactory to the aggrieved party, a letter outlining the di shall be forwarded to the City Council for their resolution througt Office of the City Manager. The City Council may then opt to consider directed solution to the problem. In such cases, the action of the Council shall be binding upon the parties involved, although nothir this procedure shall prohibit the parties seeking remedies availabl them at law. 12. RESPONSIBILITY OF THE CONSULTANT The Consultant is hired to render professional services and any payr made to Consultant are compensation solely for such services. Consu’ shall certify as to the correctness of all designs and sign all plai specifications, and estimates furnished with Registered Lands Architect’s number. 13. SUSPENSION OR TERMINATION OF SERVICES This Agreement may be terminated without cause by either party at any prior to completion of the services contemplated hereunder by gi written notice of termination to the other party. Termination shall bc effective thirty (30) days from receipt of said notice to the other pi In the event this Agreement is terminated by either party, CONSULTANT : be paid for work performed to the termination date pursuant to Secl 4 and 5 of this Agreement. Compensation to be made in compliance witt Code of Federal Regul at i ons . 14. STATUS OF THE CGNSULTANT The Consultant shall perform the services provided for hereir Consultant’s own way as an independent contractor and in pursui Consultant‘s independent calling, and not as an employee of the C Consultant shall be under control of the City only as to the result 1 accomplished and the personnel assigned to the project, but shall cor with the City as provided for in the request for proposal. Except as City may specify in writing, CONSULTANT shall have no author expressed or implied, to act on behalf of CITY in any capacity whatso as an agent. CONSULTANT shall have no authority, expressed or imp1 pursuant to this Agreement, to bind CITY to any obligation whatsoeve 5 e 0 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 Agreement. The City shall not make any federal or state tax withholc on behalf of the consultant, The City shall not be required to pa: workers compensation insurance on behalf of the Consultant. The Consu agrees to indemnify the City for any tax, retirement contribution, s security, overtime payment, workers compensation payment which the may be required to make on behalf of Consultant or any employe Consultant for work done under this Agreement. The Consultant shall be aware of the requirements of the Immigration Rc and Control Act of 1986 and shall comply with those requirements, incli but not limited to verifying the eligibility for employment of all agl employees, sub-contractors and consultants that are included in agreement. 15. CONFORMITY TO LEGAL REQUIREMENTS The Consultant shall cause all drawings and specifications to confoi all applicable requirements of law: Federal, State and local. Consul shall provide all necessary supporting documents, to be filed with agencies whose approval is necessary. The City will provide copies of the approved plans to any other agenc 16. OWNERSHIP OF DOCUMENTS All plans, studies, sketches, drawings, reports and specification herein required are the property of the City, whether the work for \i they are made be executed or not. In the event this Agreemen terminated, all documents, plans, specifications, drawings, report: studies shall be delivered forthwith to the City. Consultant shall the right to make one (1) copy of the plans for his/her records. 17. HOLD HARMLESS AGREEMENT CONSULTANT shall be responsible for all injuries to persons and for damages to real or personal property of CITY or others, caused b resulting from negligent acts, errors, or omissions of consul1 consultant's employees or agents during the progress of, or connec with, the rendition of services hereunder. CONSULTANT shall defend, harmless and indemnify CITY and its authorized agents, officers employees against all costs and claims for damages to real or per: property, or personal injury to any third party, resulting from negligence of Consultant, consultant's employees or agent's arising of CONSULTANT'S performance or work under this Agreement .'I 6 0 0 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 If the Consultant shall subcontract any of the work to be performed I this Agreement by the Consultant, Consultant shall be fully respon to the City for the acts and omissions of Consultant's subcontractol of the persons either directly or indirectly employed by the subcontrac as Consultant is for the acts and omissions of persons directly empl by Consultant. Nothing contained in this Agreement shall create contractual re1 atioriship bctweerr any subcontractor of Consultant an( City. The Consultant shall bind every subcontractor and c subcontractor of a subcontractor by the terms of this Agreement applic to Consultant's work unless specifically noted to the contrary in subcontract in question approved in writing by the City. 20. 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 par engineering inspection, construction or material supply contractor, o subcontractor in connection with the construction of the project, s become directly or indirectly interested personally in this Contrac in any part thereof. No officer, employee, architect, attorney, engir or inspector of or for the City to exercise any executive, supervis or other similar functions in connection with the performance of Agreement shall become directly or indirectly interested personally in Agreement or any part thereof. negotiating, making, accepting, or approving of any archi tect\ 21. VERBAL AGREEMENT OR CONVERSATION No verbal agreement or cgnversation with any officer, agent, or empl of the City, either before, during, or after the execution of Agreement, shall affect or modify any of the terms or obligations hc contained nor such verbal agreement or conversation entitle the Consul to any additional payment whatsoever under the terms of this Agreemc 22. SUCCESSORS OR ASSIGNS Subject to the provisions of Paragraph 17, "Hold Harmless Agreement," terms, conditions, and provisions hereof shall insure to and shall each of the parties hereto, and each of their respective heirs, execut administrators, successors, and assigns. 7 0 e 23. EFFECTIVE DATE This Agreement shall be effective on and from the day and year first at written. 24. INSURANCE a) The Consultant shall obtain and maintain a policy of liabi insurance from an insurance company authorized to be in busines the State of California, in an insurable amount of not less than million dollars ($1,000,000). This insurance shall be in f during the life of this agreement and shall not be canceled wit ten (10) days prior written notice to the City. b) The City shall be named as an additional insured on this pol The Consultant shall furnish a certificate of said insurance to City upon request. 25. CONFLICT OF INTEREST The Consultant shall file a conflict of interest statement with the Clerk of the City of Carlsbad. The Consultant shall report investm or interest in real property. IN YITNESS YHEREOF, we have hereunto set our hands and seals. CITY OF CARLSBAD CLAUDE A. LEWlS, Mayor APPROVED AS TO FORM: ATTEST ED : VINCENT F. BIONDO, JR. ALETHA RAUTENKRANZ City Attorney City Clerk 8 0 e .* AGREEMENT FOR CONSULTANT THIS AGREEMENT, made and entered into as of the day of , 1989, by and between the CITY OF CARLSBAD, a municipal corporati hereinafter referred to as "City" and KTU&A, hereinafter referred to "Consultant. I' RECITALS City requires the services of Consultant to provide landscape irrigation plan checking and inspection consultant services for various appr pub1 ic and private development projects; and Ccnsultant possesses the neces skills and qualifications to provide the services required by City; tiOW, THEREFORE, in consideraticn of these recitals and the mutual cover cont.ained herein, City and Consultant agree as follows: 1. CONSULTANT'S OBLIGATIONS PLAC CHECK A. Under the general direction of the Planning Department, review I for conformance with project conditions of approval and standards including the City's Landscape Guidelines Manual coordinate approval with other departments. B. Transmit check prints to and from City until apprcved. C. Sign plans as com7lete and meeting City standards and conditic approval and approve final cost estimate. D. Assist the Engineering Department in preparing standard ay-2 package, including security package, 1 a 0 @. E. Attend pre-construction ineeting. F. Review construction changes, plan revisions, and construc conflicts, Review as-built drawings for approval. The consultant shall coordinate with the work as an extension of Staff. All plan checking shall be done at the City in the Commu Development Department. The consultant shall not, however considered a City employee or agent of the City. G. H. -- INSPECTION A. Attend pre-construction meeting and any subsequent meetings necessary. B. Inspection for the purposes of this agreement shall mean that Consultant shall visually verify at the project site that approved plans and specifications have been implemented. Consultant will not be required to: measure thicknesses irrigation piping, verify chemical ingredients of irrigation pip conduct psi ratings or slump tests for concrete work at 28 d verify 90% compaction of soils, conduct horticultural soil test and land surveying to verify grades or invert grades. Inspect project through completion for compliance with City standl and conditions of approval, including preparation of a punch 1 and review and approval of as-built plans. D. The Consultant shall supply the inspector with an appropr inspection vehicle. E. The Consultant will ensure that each inspector is equipped 1 apprcpriate safety attire. F. The Consiiltavt, will be responsible for propwin3 and submittir! the City for approval, a weekly schedule for the inspector out1 i the project assignments and estimated hours for each project. schedule shall take into consideration vacation time and substitution of replacement personnel. At the end of each week, schedule shall be completed by noting the actual hours worked on project. C. 2. CITY OBLIGATIONS A. The City shall provide working area at the Las Palmas drive builc and City Standards, Ordinance, Pol icy and direction in irnplementa of plan review. 2 e e .. B. Nothing in this ayreenent shall be construed to obligate Citj provide aiiy work to the Consultant. City reserves the rioht, at perform plan checks with its own forces or to assign plans sole discretion, to assign plans for checking to Consultant, checking to another consul ting firm. 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 type of work that the City wishes to assign to him. The performance of services by CONSLlLTANT shall not re1 ieve CONSULTANT any obligation to correct any incomplete, inaccurate or defective wor no further cost to CITY, when such inaccuracies are due to the negligr of CONSULTANT, provided such work has not been accepted in writing by C FEES TO BE PAID TO CONSULTANT The fee payable according to Paragraph 5, "Payment of Fees", shall bl the rate of thirty dollars ($30.00) per hour for clerical, forty-tl dollars and twenty-five cents ($43.25) per hour for Landscape Desigi forty-nine dollars and fifty cents ($49.50) per hour for Irriga Designer, seventy-three dollars ($73.00) per hour for Senior Associate eighty-six dollars and fifty cents ($86.50) per hour for Principal. other compensation for services will be allowed except those items cov by supplemental agreements per Paragraph (6), "Changes in Work." 4. 5. PAYMENT OF FEES Payment of fees shall be within thirty (30) days after receipt and appr of monthly statements provided by consultant. 6. CHANGES IN WORK If, in the course of this Agreement and design, changes seem merite the Consultant or the City, and informal consultations with the other p indicate that a change in the conditions of the Contract is warranted, Consultant or the City may request a change in Agreement. Such cha shall be processed by the City in the following manner: A letter outli the required changes shall be forwarded to the City or Consultant to in them of the proposed changes along with a statement of estimated cha in charges or time schedule. After reaching mutual agreement on proposal, a supplemental agreement shall be prepared by the City approved by the City Council. Such supplemental agreement shall not re ineffective or invalidate unaffected portions of the agreement. Cha requiring immediate action by the Consultant or City shall be ordere 3 e e the City Engineer who will inform a principal of the Consultant’s fir1 the necessity of such act,ion and follow up with a supplemental agreer covering such work. 7. DESIGN STANDARDS The Consultant shall review the plans and specifications in accordance ’ the design standards of the City of Carlsbad and recognized current de practices. Applicable City of Carlsbad Standards and Regional Stand shall be used where appropriate. Copies of such standards shall obtained from the City of Carlsbad. 8. CGiiEWNTS AGNMST COiliTiNGENT FEES The ConsultaGt warrants that their firm has not employed or retained company or person, other than a bona fide employee working for Consultant, to solicit or secure this agreement, and that Consultant not paid or agreed to pay any company or person, other than a bona employee, any fee, commission, percentage, brokerage fee, gift, or other consideration contingent upon, or resulting from, the award or ma this agreeinent. For breach or viclation of this warranty, the City s have the right to annul this agreement withoyt liability, or, in discretion, to deduct from the agreement price or consideration, otherwise recover the full amount of such fee, commission, percent brokerage fee, gift or contingent fee. 9. NONDISCRIMINATION CLAUSE The Consultant shall comply with the State and Federal Ordinances regar nondiscrimination. 10. TERMINATIOR OF CONTRACT In the owwt of the Consultant’s fz.ilulx to prnjeciite, de! ivw, or 2er’ the work as provided for in this Agreement, the City may terminate Agreement for nonperformance by noti fyi ng the Consul tant by cert i f i ed of the termination of the Agreement. The Consultant, thereupon, has (5) working days to deliver said documents owned by the City and all in progress to the City Planning Director. The City Planning Dire shall make a determination of fact based upon the documents delivere City of the percentage of work which the Consultant has performed w is usable and of worth to the City in having the Agreement comple Based upon that finding as reported to the City Council, the Council s determine the final payment of the Agreement. Final payment shall b compliance with the Code of Federal Regulations. 4 e 0 11. DISPUTES If a dispute should arise regarding the performance of work under agreement, the following procedure shall be used to resolve any ques of fact or interpretation not otherwise settled by agreement bet1 parties. Such questions, if they become identified as a part of a dis among persons operating under the provisions of this Agreement, shal reduced to writing by the principal of the Consultant or the City Plan parties involved along with recommended methods of resolution which w be of benefit to both parties. The City Planning Director or princ receiving the letter shall reply to the letter along with a recomme method of resolution within ten (10) days. If the resolution this obta is unsatisfactory to the a,yjrieved psrty, a i2thr cztl!n;ny the dis shail be forwarded to the City Council for their resolution through Office of the City Manager. The City Council nay then opt to consider directed solution to the problem. In such cases, the action of the Council shall be binding upon the parties involved, although nothin this procedure shall prohibit the parties seeking remedies availabl them at law. Director, A copy of such documents dispute shall be forwarded to 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. Consul shall certify as to the correctness of all designs and sign a11 plar specifications, and estimates furnished with Registered Land! Architect’s number. 13. SUSPENSION OR TERMINATION OF SERVICES This Agreement may be terminated without cause by either party at any prior to completion of the services contemplated hereunder by g written notice of termination to the other party. Termination shall bc effective thirty (30) days from rcceipt of said notice to the other pl In the event this Agreement is terminated by either party, CONSCLTAN1 be paid for work performcd to the termination date pursuant to Sec 4 and 5 of this Agreement. Compensation to be made in compliance wit Code of Federal Regulations. 14. STATlJS OF THE CONSULTANT The Consultant shall perform the services provided for herei Consultant’s own way as an independent contractcir and in pursu Consultant’s independent calling, and not as an employee of the Consultant shall be under control of the City only as to the result accomplished and the personnel assigned to the project, but shall cc with the City as provided for in the request for proposal. 5 0 0 Except as City may specify in writing, CONSULTANT shall have no author expressed or implied, to act on behalf of CITY in any capacity whatso as an agent. CONSULTANT shall have no authority, expressed or imp1 pursuant to this Agreement, to bind CITY to any obligation whatsoeve The Consultant is an independent contractor of the City. The payment to the Consultant pursuant to this Agreement shall be the full and comp compensation to which the Consultant is entitled pursuant to Agreement. The City shall not make any federal or state tax withhold on behalf of the consultant. The City shall not be required to pay workers compensation insurance on behalf of the Consultant. The Consul agrees to indemnify the City for any tax, retirement contribution, so security, overtime payment, workers compensation payment which the may be required to zake on beha?f of Conwltant or any employei Consultant for work done under this Agreement. The Consultant shall be aware of the requirements of the Immigration Re and Control Act of 1986 and shall comply with those requirements, inclul but not limited to verifying the eligibility for employment of all age employees, sub-contractors and consultants that are included in agreement. 15. CONFORMITY TO LEGAL REQUIREMENTS The Consultant shall cause all drawings and specifications to confor all applicable requirements of law: Federal, State and local. Consul shall provide all necessary supporting documents, to be filed with agencies whose approval is necessary. The City will provide copies of the approved plans to any other agenc 16. OWNERSHIP OF DOCUMENTS All plans, studies, sketches, drawings, reports and specification herejn reqiiired are the property sf the City, whether the work for w they are made be executed or not. In the event this Agreement terminated, a1 1 documents, plans, speci f icat i ons, drawings, reports studies shall be delivered forthwith to the City. Consultant shall the right to make one (1) copy of the plans for his/her records. 17. HOLD HARMLESS AGREEMENT CONSULTANT shall be responsible for all injuries to persons and for damages to real or personal property of CITY or others, caused b: resulting from negligent acts, errors, or omissions of consult consultant's employees or agents during the progress of, or connec with, the rendition of services hereunder. CONSULTANT shall defend, harmless and indemnify CITY and its authorized agents, officers 6 .- 0 0 employees against all costs and claims for damages to real or persc property, 01- personal injury to any third party, resulting from negligence IJF consultant, consultant's employees or agents, arising of CONSULTANT'S performance or work under this Agreement." 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 If the Consultant sha:'I subccntract any oi the work to be performed u this Agreement by the Consultant, Consultant shall be fully respons to the City for the acts and omissions of Consultant's subcontractor of the persons either directly cr indirectly employed by the subcontrac as Consultant is for the acts and omissions of persons directly empl by Consultant. Nothing contained in this Agreement shall create contractual re1 ationship between any subcontractor of Consultant and City. The Consultant shall bind every subcontractor and e subcontractor of a subcontractor by the terms of this Agreement appl ic to Consultant's work unless specifically noted to the contrary ir; subcontract in question approved in writing by the City. 20. PROHIBITED INTEREX No official of the City who is authorized in such capacity on beha' the City to negotiate, make, accept, or approve, or take par negotiating, making, accepting, or approving of any architect1 engineering inspection, construction or material supply contractor, o subcontractor in ccnnectim with the construction of the project, become directly or indirectly interested personally in this Contrac cr inspector ~f or for the City to exercise any executive, sirpervi 01' r;ther sinilar functions. in connection with thz psrforniance of Agreement ahall become direct;y or indirectly interzsted personally ir Agreement or any part thereof. in any part thereof. No officer, employee, architect, attorney, engi 21. VERBAL. AGREEMENT OR CONVERSATION No verbal agreement or conversation with any officer, agent, or emr of the City, either before, during, or after the execution of Agreement, shall affect or xlodify any of the terms or obligztions b contained nor such verbal agreement or conversation entitle the Cons1 to any additional pzyment whatsoever under the terms of this Agreer 7 I* 0 0 22. SUCCESSORS OR ASSIGNS Subject to the provisions of Paragraph 17, "Hold Harmless Agreement," terms, conditions, and provisions hereof shall insure to and shall each of the parties hereto, and each of their respective heirs, execut administrators, successors, and assigns. 23. EFFECTIVE DATE This Agreement shall be effective on and from the day and year first a written. 24. INSURANCE a) The Consultant shall obtain and maintain a policy of liabi insurance from an insurance company authorized to be in busine: the State of California, in an insurable amount of not less that million dollars ($1,000,000). This insurance shall be in I during the life of this agreement and shall not be canceled wil ten (10) days prior written notice to the City. b) The City shall be named as an additional insured on this PO' The Consultant shall furnish a certificate of said insurance tc City upon request. 25. CONFLICT OF INTEREST The Consultant shall file a conflict of interest statement with the Clerk of the City of Carlsbad. The Consultant shall report investi or interest in real property. IN WITNESS WHEREOF, we have hereunto set our hands and seals. mJ *A CITY OF CARLSBAD BY : - CLAUDE A. LEWIS, Mayor - TITLE: Th&hdt APPROVED AS TO FORM: ATTEST ED : VINCENT F. BIONDO, JR. City Attorney City Clerk ALETHA RAUTENKRANZ 8 0 0 .' AGREEMENT FOR CONSULTANT THIS AGREEMENT, made and entered into as of the day of , 1989, by and between the CITY OF CARLSBAD, a municipal corpora hereinafter referred to as "City" and Lawrence B1 ack and Associates, herein referred to as "Consultant .'I RECITALS City requires the services of Consultant to provide landscape irrigation plan checking and inspection consultant services for various app public and private development projects; and Consultant possesses the nece skills and qualifications to provide 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 PLAN CHECK A. Under the general direction of the Planning Department, review j for conformance with project conditions of approval and standards including the city's Landscape Guide1 ines Manual coordinate approval with other departments. B. Transmit check prints to and from City until approved. C. Sign plans as complete and meeting City standards and conditio1 approval and approve final cost estimate. D. Assist the Engineering Department in preparing standard agrec package, incl udi ng security package. 1 0 e .. E. Attend pre-construction meeting. F. Review construction changes, plan revisions, and construc G. H. conflicts. Review as-built drawings for approval. The consultant shall coordinate with the work as an extension of Staff. All plan checking shall be done at the City in the Commi Development Department. The consultant shall not, however considered a City employee or agent of the City. - i I< S F ECi i Oii A. Attend pre-construction meeting and any subsequent meeting B. Inspection for the purposes of this agreement shall mean that Consultant shall visually verify at the project site that approved plans and specifications have been implemented. Consultant wi 11 not be required to: measure thi cknessei irrigation piping, verify chemical ingredients of irrigation pi[ conduct psi ratings or slump tests for concrete work at 28 ( veri fy 90% compact i on of soi 1 s, conduct hort i cul tural soi 1 tesl and land surveying to verify grades or invert grades. Inspect project through completion for compliance with City stanc and conditions of approval, including preparation of a punch 1 and review and approval of as-built plans. D. The Consultant shall supply the inspector with an appropi inspection vehicle. E. The Consultant will ensure that each inspector is equipped appropriate safety atti re. F. The Consultant will be responsible for preparing and submittit the City for approval, a weekly schedule for the inspector out1 the project assignments and estimated hours for each project. schedule shall take into consideration vacation time and substitution of replacement personnel. At the end of each week schedule shall be completed by noting the actual hours worked on project . necessary. C. 2. CITY OBLIGATIONS A. The City shall provide working area at the Las Palmas drive bui and City Standards, Ordinance, Policy and direction in implement of plan review. 2 .. 0 B. Nothing in this agreement shall be construed to obligate Citj provide any work to the Consultant. City reserves the right, at sole discretion, to assign plans for checking to Consultant, perform plan checks with its own forces or to assign plans checking to another consulting firm. 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 type of work that the City wishes to assign to him. The performance of services by CONSULTANT shall not rei i eve CONSULTANT any obligation to correct any incomplete, inaccurate or defective wor no further cost to CITY, when such inaccuracies are due to the neglig of CONSULTANT, provided such work has not been accepted in writing by C 4. FEES TO BE PAID TO CONSULTANT The fee payable according to Paragraph 5, "Payment of Fees", shall b the rate of fifty dollars ($50.00) per hour. No other compensation services will be allowed except those items covered by suppleme agreements per Paragraph (6), "Changes in Work." 5. PAYMENT OF FEES Payment of fees shall be within thirty (30) days after approval of final documents. 6. CHANGES IN WORK If, in the course of this Agreement and design, changes seem merite the Consultant or the City, and informal consultations with the other F indicate that a cnange in the conditions of the Contract is warranted Consultant or the City may request a change in Agreement. Such chi shall be processed by the City in the following manner: A letter outli the required changes shall be forwarded to the City or Consultant to ir them of the proposed changes along with a statement of estimated chi in charges or time schedule. After reaching mutual agreement on proposal, a supplemental agreement shall be prepared by the City approved by the City Council. Such supplemental agreement shall not rt ineffective or invalidate unaffected portions of the agreement. Chi requiring immediate action by the Consultant or City shall be orderc the City Engineer who will inform a principal of the Consultant's fi> covering such work. the necessity of such action and follow up with a supplemental agrei 3 0 e ,. 7. DESIGN STANDARDS The Consultant shall review the plans and specifications in accordance 1 the design standards of the City of Carlsbad and recognized current de practices. Applicable City of Carlsbad Standards and Regional Stand shall be used where appropriate. Copies of such standards shall obtained from the City of Carlsbad. 8. 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 Consultant, to solicit or secure this agreement, and that Consultant not paid or agreed to pay any company or person, other than a bona employee, any fee, commission, percentage, brokerage fee, gift, or other consideration contingent upon, or resulting from, the award or mal this agreement. For breach or violation of this warranty, the City SI have the right to annul this agreement without liability, or, in discretion, to deduct from the agreement price or consideration, otherwise recover the full amount of such fee, commission, percent brokerage fee, gift or contingent fee. 9. NONDISCRIMINATION CLAUSE The Consultant shall comply with the State and Federal Ordinances regarl 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 Agreement for nonperformance by not i fyi ng the Consultant by cert i f i ed of the termination of the Agreement. The Consultant, thereupon, has (5) working days to deliver said documents owned by the City and a11 in progress to the City PianninG Director. Tne City Planning Dire shall make a determination of fact based upon the documents deliverec City of the percentage of work which the Consultant has performed wI is usable and of worth to the City in having the Agreement comple' Based upon that finding as reported to the City Council, the Council SI determine the final payment of the Agreement. Final payment shall bi compl i ance wi t h the Code of Federal Regul at i ons . 11. DISPUTES If a dispute should arise regarding the performance of work under agreement, the following procedure shall be used to resolve any ques of fact or interpretation not otherwise settled by agreement bet parties. Such questions, if they become identified as a part of a dis 4 0 0 i* among persons operating under the provisions of this Agreement, shal reduced to writing by the principal of the Consultant or the City Plan Director. A copy of such documents dispute shall be forwarded to 1 parties involved along with recommended methods of resolution which WI be of benefit to both parties. The City Planning Director or princ receiving the letter shall reply to the letter along with a recomme~ method of resolution within ten (10) days. If the resolution this obta is unsatisfactory to the aggrieved party, a letter outlining the dis shall be forwarded to the City Council for their resolution through Office of the City Manager. The City Council may then opt to consider directed solution to the problem. Council shall be binding upon the parties involved, although nothin! this procedure shall prohibit the parties seeking remedies availablc them at law. In such cases, the action of the 12. RESPONSIBILITY OF THE CONSULTANT The Consultant is hired to render professional services and any paymi made to Consultant are compensation solely for such services. Consul shall certify as to the correctness of all designs and sign all plan specifications, and estimates furnished with Registered Civil Engine number. 13. SUSPENSION OR TERMINATION OF SERVICES This Agreement may be terminated by either party upon tendering thirty , days written notice to the other party. In the event of such suspen: or termination, upon request of the City, Consultant shall assemble work product and put same in order for proper filing and closing deliver said product to City. In the event of termination, the Consul1 shall be paid for work performed to the termination date; however, total shall not exceed the guaranteed total maximum. The City shall r the final determination as to the portions of tasks completed and the the compensation to be made. Compensation to be made in compliance \ the Code of Federal Regulations. 14. STATUS OF THE CONSULTANT The Consultant shall perform the services provided for herein Consultant’s own way as an independent contractor and in pursuit Consultant’s independent calling, and not as an employee of the C Consultant shall be under control of the City only as to the result tc accomplished and the personnel assigned to the project, but shall con! with the City as provided for in the request for proposal. Except as City may specify in writing, CONSULTANT shall have no author, expressed or implied, to act on behalf of CITY in any capacity whatsoc as an agent. CONSULTANT shall have no authority, expressed or impl. pursuant to this Agreement, to bind CITY to any obligation whatsoevei 5 e (I) .* The Consultant is an independent contractor of the City. The payment to the Consultant pursuant to this Agreement shall be the full and comp compensation to which the Consultant is entitled pursuant to Agreement. The City shall not make any federal or state tax withhold on behalf of the consultant, The City shall not be required to pay workers compensation insurance on behal f of the Consultant. The Consul agrees to indemnify the City for any tax, retirement contribution, sol security, overtime payment, workers compensation payment which the 1 may be required to make on behalf of Consultant or any employec Consultant for work done under this Agreement. The Consultant shall be aware of the requirements of the Immigration Re and Control Act of 1986 and shall comply with those requirements, inclul but riot limited to verifying the eligibility for employment of all age employees, sub-contractors and consultants that are incl uded in agreement. 15. CONFORMITY TO LEGAL REQUIREMENTS The Consultant shall cause all drawings and specifications to conforr all applicable requirements of law: Federal, State and local. Consul. shall provide all necessary supporting documents, to be filed with agencies whose approval is necessary. The City will provide copies of the approved plans to any other agenc 16. OWNERSHIP OF DOCUMENTS All plans, studies, sketches, drawings, reports and specifications herein required are the property of the City, whether the work for wt they are made be executed or not. In the event this Agreement terminated, all documents, plans, specifications, drawings, reports the right to make one (1) copy of the plans for his/her records. studies shall be delivered forthwith to the City. Consultant shall t 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, properti or effects of any person whatever, not for personal injuries or de caused by, or resulting from, or claimed to have been cause by, resulting from, any act or omission of Consultant or Consultant’s ager employees or representatives. Consultant agrees to defend, indemnify, save free and harmless the City and its authorized agents, officers employees against any of the foregoing liabilities or claims of any k and any cost and expense that is incurred by the City on account of of the foregoing liabilities, including liabilities or claims by rea of alleged defects in any plans and specifications, unless the liabil or claim is due, or arises out of, solely to the City’s negligence. 6 0 e 1 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 If the Consultant shall subcontract any of the work to be performed UI this Agreement by the Consultant, Consultant shall be fully respons to the City for the acts and omissions of Consultant's subcontractor of the persons either directly or indirectly employed by the subcontrac' as Cmsultant is for the acts and ornissions of persons directly ernpli by Consultant. Nothing contained in this Agreement shall create contractual re1 ationship between any subcontractor of Consultant and City. The Consultant shall bind every subcontractor and el subcontractor of a subcontractor by the terms of this Agreement applic; to Consultant's work unless specifically noted to the contrary in subcontract in question approved in writing by the City. 20. PROHIBITED INTEREST No official of the City who is authorized in such capacity on behalf the City to negotiate, make, accept, or approve, or take part negotiating, making, accepting, or approving of any architectur engineering inspection, construction or material supply contractor, or subcontractor in connection with the construction of the project, sh become directly or indirectly interested personally in this Contract in any part thereof. No officer, employee, architect, attorney, engine or inspector of or for the City to exercise any executive, supervisa or other similar functions in connection with the performance of t Agreement shall become directly or indirectly interested personally in t Agreement or any part thereof. 21. VERBAL AGREEMENT OR CONVERSATION No verbal agreement or conversation with any officer, agent, or emplo of the City, either before, during, or after the execution of t Agreement, shall affect or modify any of the terms or obligations her contained nor such verbal agreement or conversation entitle the Consult to any additional payment whatsoever under the terms of this Agreemen 22. SUCCESSORS OR ASSIGNS Subject to the provisions of Paragraph 17, "Hold Harmless Agreement," terms, conditions, and provisions hereof shall insure to and shall b each of the parties hereto, and each of their respective heirs, executo administrators, successors, and assigns. 7 0 0 < 23. EFFECTIVE DATE This Agreement shall be effective on and from the day and year first a written. 24. INSURANCE a) The Consultant shall obtain and maintain a policy of liabi insurance from an insurance company authorized to be in busines the State of California, in an insurable amount of not less than million dollars ($1,000,000). This insurance shall be in fl during the life of this agreement and shal! not be canceled wit: ten (io) days prior written wtice to the City. b) The City shall be named as additional insured on this policy. Consultant shall furnish a certificate of said insurance to the ( upon request. 25. CONFLICT OF INTEREST The Consultant shall file a conflict of interest statement with the C Clerk of the City of Carlsbad. The Consultant shall report investme or interest in real property. IN WITNESS WHEREOF, we have hereunto set our hands and seals. CITY OF CARLSBAD CLAUDE A, LEWIS, Mayor BY: L'%m?&- dd MZ2+ TITLE: 0- L- ATTESTED : APPROVED AS TO FORM: VINCENT F. BIONDO, JR. ALETHA RAUTENKRANZ City Attorney City Clerk 8