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HomeMy WebLinkAbout1990-03-06; City Council; 10511; APPROVAL OF CONSULTANT AGREEMENT FOR PLANCHECK SERVICES. P 2 K a 3 .. $ 2 F 5 4 z 3 0 0 CIWF CARLSBAD - AGENWILL AB# /< 3-11 TITLE: DEP CITY DEPTG CITY RECOMMENDED ACTION: APPROVAL OF CONSULTANT AGREEMENT FOR PLANCHECK SERVICES MTG. 2-fi-qn Adopt Resolution No. services with Mr. Ben B. Ellorin. %- 9’4 approving a consultant agreement for pli ITEM EXPLANATION: Mr. Ben B. Ellorin has provided plancheck services to the City as a temporary employed through Del Mar Technical Services (DMTS) for over one year. DM the City $45.20 per hour for Mr. Ellorin’s services. (The City also utilize consultant plancheckers through private engineering firms for $55.00 each pel The City is no longer obligated to employ Mr. Ellorin through DMTS since he h working in the Engineering Department for over 90 days. Mr. Ellorin has worked as a planchecker in the City longer than most COI plancheckers and almost one year longer than all full time City employee plancl The Engineering Department has recently hired three new Associate Civil Engin the Plancheck Division and Mr. Ellorin will be utilized to train a number ( employees. His and other consultant services will be phased out as the new err complete their training. Mr. Ellorin has agreed to provide his services directt City for $43.50. FISCAL IMPACE Employing Mr. Ellorin as an independent consultant planchecker as opposed to DMTS Will save the City approximately $3,500 per year. FXHIBITS: 1. Resolution No. ?@-#/ 2. Consultant Agreement for Plancheck Services. b 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 0 RESOLUTION NO. 90-44 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAFUSB, CALIFORNIA, APPROVING A CONSULTANT AGREEMENT F ENGINEERING PLANCHECKING SERVICES. WHEREAS, the City Manager recommends and the City Council co consultant planchecking services must be made available in order for the Cit its obligations; and WHEREAS, a satisfactory agreement with Ben B. Ellorin has been nego WHEREAS, sufficient funds are available in the 1988-89 Engineering C budget; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City o California, as follows: 1. 2. That the above recitations are true and correct. That an Agreement between the City of Carlsbad and Ben B. Ell( proprietor, for provision of planchecking services, a copy of which is attach< 2) and made a part hereof, is hereby approved. 3. That the Mayor of the City of Carlsbad is hereby authorized ar to execute said agreement for and on behalf of the City of Carlsbad. PASSED, APPROVED AND ADOPTED at a regular meeting of the Cai Council held on the 6th day of March , 1990 by the following vote, to AYES: Council Members Lewis, Kulchin, Pettine, and Lars NOES: None ABSENT: Council Member Mamau ATTEST: ALETHA L. RAUTENKRANZ, City Clerk 1 (SEAL) 0 0 AGREEMENT FOR CONSULTANT PLANCHECKING SERVICES THIS AGREEMENT, made and entered into as of the /az day of ihc -9 1990, by and between the CITY OF CARLSBAD, a municipal corpora hereinafter referred to as "City" and Ben B. Ellorin, hereinafter referred to as Tonsult RECITALS City requires the services of Consultant to provide engineering consultant ser for planchecking; and Consultant possesses the necessary skills and qualifications to provide the ser 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. B. To provide consultant services acceptable to the City Engineer on a needed basis during the hours of 8:OO a.m. to 5:OO p.m., Monday through Friday, exclu h o 1 id ay s . 2. CITY OBLIGATIONS The City will provide a work area and clerical support at the CommL Development Building as well as City Standards, Ordinance, Policy and direction in plementation of plan and map review. Nothing in this Agreement shall be construe obligate City to provide any work to the Consultant. 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 type of v 1 I 0 e that the City wishes to assign to Consultant. 4. FEES TO BE PAID TO CONSULTANT Consultant shall be compensated for the actual time expended on each proje the rate of $43.50 per hour. All work exceeding 8 hours per day or 40 hours per I shall be paid at the overtime rate of $65.25 per hour. Authorization must be obtz from the Consultant’s Supervisor prior to any overtime work. Consultant shall meet the Principal Civil Engineer in charge of the Plancheck Division during December of year to negotiate future rate increases. The City agrees to a twenty (20) percent inc in Consultants’s hourly rate if less than thirty-two (32) hours are worked during an] day work week due to a lack of demand for Consultant’s planchecking services. Const shall be reimbursed at the rate of twenty-five cents per mile for use of personal vehic the performance of his job. 5. PAYMENT OF FEES Payment of fees shall be within thirty (30) days after receipt of bi-weekly inv for services from Consultant. City agrees to notify Consultant of any disputed inv within ten (10) days after receipt of such invoice. 6. CHANGES IN WORK If, in the course of this Agreement and design, changes seem merited b: Consultant or the City, and informal consultations with the other party indicate t change in the conditions of the Contract is warranted, the Consultant or the City request a change in Agreement. Such changes shall be processed by the City in the fc ing manner: A letter outlining the required changes shall be forwarded to the CI Consultant to inform them of the proposed changes along with a statement of estin changes in charges or time schedule. After reaching mutual agreement on the pro] a supplemental agreement shall be prepared by the City and approved by the City CO Such supplemental agreement shall not render ineffective or invalidate unaffected PO of the agreement. Changes requiring immediate action by the Consultant or City sh 2 0 e ordered by the City Engineer who will inform a principal of the Consultant’s firm o necessity of such action and follow up with a supplemental agreement covering such v 7. DESIGN STANDARDS The Consultant shall review maps, studies, plans and specifications in accord with the design standards of the City of Carlsbad and recognized current design prac AppIicabIe City of Carlsbad Standards and Regional Standards shall be used u appropriate. Copies of such standards shall be obtained from the City of Carlsbad. 8. COVENANTS AGAINST CONTINGENT FEES The Consultant warrants that their firm has not employed or retained any corn or person, other than a bona fide employee working for the Consultant, to solicit or st this agreement, and that Consultant has not paid or agreed to pay any company or pe other than a bona fide employee, any fee, commission, percentage, brokerage fee, gi any other consideration contingent upon, or resulting from, the award or making this a ment. For breach or violation of this warranty, the City shall have the right to annu agreement without liability, or, in its discretion, to deduct from the agreement pric consideration, or 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 rega nondiscrimination. 10. DISPUTES If a dispute should arise regarding the performance of work under this agree: the following procedure shall be used to resolve any question of fact or interpretatio otherwise settled by agreement between parties. Such questions, if they become iden as a part of a dispute among persons operating under the provisions of this Agree] shall be reduced to writing by the principal of the Consultant or the City Engineer. A of such documented dispute shall be forwarded to both parties involved along 3 e m recommended methods of resolution which would be of benefit to both parties. The Engineer or principal receiving the letter shall reply to the letter along with a re( mended method of resolution within ten (10) days. If the resolution thus obtah unsatisfactory to the aggrieved party, a letter outlining the dispute shall be forwarde the City Council for their resolution through the Office of the City Manager. The Council may then opt to consider the directed solution to the problem. In such cases action of the City Council shall be binding upon the parties involved, although nothi this procedure shall prohibit the parties seeking remedies available to them at law. 11. RESPONSIBILITY OF THE CONSULTANT The Consultant is hired to render professional services and any payments mac Consultant are compensation solely for such services. 12. SUSPENSION OR TERMINATION OF SERVICES This Agreement may be terminated by either party upon tendering thirty (30) written notice to the other party. In the event of such suspension or termination, request of the City, Consultant shall assemble the work product and put same in orde proper filing and closing and deliver said product to City. In the event of terminatior Consultant shall be paid for work performed to the termination date on an hourly 1 The City shall make the final determination as to the portions of tasks completed an compensation to be made. Compensation to be made in compliance with the Coc Federal Regulations, 13. STATUS OF THE CONSULTANT The Consultant shall perform the services provided for herein in Consultant’s way as an independent contractor and in pursuit of Consultant’s independent calling not as an employee of the City. Consultant shall be under control of the City only the result to be accomplished and the personnel assigned to the project, but shall cc with the City as provided for in the consultant’s obligations herein. 4 e e A The Consultant is an independent contractor of the City. The payment made tc Consultant pursuant to this Agreement shall be the full and complete compensatio which the Consultant is entitled pursuant to this Agreement. The City shall not make federal or state tax withholdings on behalf of the Consultant. The City shall nc required to pay any workers compensation insurance on behalf of the Consultant. Consultant agrees to indemnify the City for any tax, retirement contribution, social sec overtime payment, workers Compensation payment which the City may be required to I on behalf of Consultant or any employee of Consultant for work done under this A ment. The Consultant shall be aware of the requirements of the Immigration Reforn Control Act of 1986 and shall comply with those requirements, including but not liI to verifylng the eligibility for employment of all agents, employees, sub-contractor5 consultants that are included in this agreement. 14. CONFORMITY TO LEGAL REQUIREMENTS The Consultant shall annotate all drawings and specifications to conform 1 applicable requirements of law: Federal, State and local. 15. OWNERSHIP OF DOCUMENTS All plans, studies, sketches, drawings, reports and specifications as herein req are the property of the City, whether the work for which they are made be executc not. In the event this Agreement is terminated, all documents, plans, specifica drawings, reports and studies shall be delivered forthwith to the City. Consultant shall the right to make one (1) copy of the plans for hisher records. 16. HOLD HARMLESS AGREEMENT The City, its agents, officers and employees shall not be liable for any c1 liabilities, penalties, fines, or any damage to goods, properties, or effects of any p whatever, nor for personal injuries or death caused by, or resulting from, or claim have been caused by, or resulting from, any act or omission of Consultant or Consul 5 e 0 agents, employees or representatives. Consultant agrees to defend, indemnify, and : free and harmless the City and its authorized agents, officers and employees against of the foregoing liabilities or claims of any kind and any cost and expense that is incu by the City on account of any of the foregoing liabilities, including liabilities or claim ream of alleged defects in any plans and specifications, unless the liability OT claim is or arises out of, solely to the City’s negligence. 17. ASSIGNMENT OF AGREEMENT The Consultant shall not assign this Agreement or any part thereof or any mc due thereunder without the prior written consent of the City. 18. SUBCONTRACTING If the Consultant shall subcontract any of the work to be performed under Agreement by the Consultant, Consultant shall be fully responsible to the City for the and omissions of Consultant’s subcontractor and of the persons either directly or indir employed by the subcontractor, as Consultant is for the acts and omissions of per directly employed by Consultant. Nothing contained in this Agreement shall create contractual relationship between any subcontractor of Consultant and the City. Consultant shall bind every subcontractor and every subcontractor of a subcontractc the terms of this Agreement applicable to Consultant’s work unless specifically note the contrary in the subcontract in question approved in writing by the City. 19. PROHIBITED INTEREST No official of the City who is authorized in such capacity on behalf of the Cii negotiate, make, accept, or approve, or take part in negotiating, making, acceptinl approving of any architectural, engineering inspection, construction or material su contractor, or any subcontractor in connection with the construction of the project, become directly or indirectly interested personally in this Contract or in any part the No officer, employee, architect, attorney, engineer, or inspector of or for the City wl authorized in such capacity and on behalf of the City to exercise any executive, supervi 6 * 0 4 or other similar functions in connection with the performance of this Agreement become directly or indirectly interested personally in this Agreement or any part the 20. VERBAL AGREEMENT OR CONVERSATION No verbal agreement or conversation with any officer, agent, or employee o City, either before, during, or after the execution of this Agreement, shall affect or m any of the terms or obligations herein contained nor shall verbal agreement or convers entitle the Consultant to any additional payment whatsoever under the terms of Agreement. 21. SUCCESSORS OR ASSIGNS Subject to the provisions of Paragraph 16, "Hold Harmless 'Agreement,'' all tc conditions, and provisions hereof shall insure to and shall bind each of the parties he and each of their respective heirs, executors, administrators, successors, and assigns. 22. EFFECTIVEDATE This Agreement shall be effective on and from the day and year first above wn 23. CONFLICT OF INTEREST The Consultant shall file a Conflict of Interest Statement with the City Clerk oj City of Carlsbad in accordance with the requirements of the City of Carlsbad Conflic Interest Code. 24. INSURANCE The Consultant shall obtain and maintain a policy of liability insurance fron insurance company authorized to be in business in the State of California, in an insur amount of not less than one million dollars ($l,OOO,OOO). This insurance shall be in f during the life of this agreement and shall not be cancelled without thirty (30) days r notice to the City. The City shall be named as additionally insured on this policy. The Consultant ! furnish a certificate of said insurance to the City upon request. 7 0 0 4 IN WITNESS WHEREOF, we have hereunto set our hands and seals. CITY OF CARLSBAD APPROVED AS TO FORM: ATTEST: ALETHA L. RA City Clerk 8