HomeMy WebLinkAbout1990-03-06; City Council; 10511; APPROVAL OF CONSULTANT AGREEMENT FOR PLANCHECK SERVICES.
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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.
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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)
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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
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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
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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
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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.
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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
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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
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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.
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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
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