HomeMy WebLinkAbout1992-07-07; City Council; 11773; CONSULTANT AGREEMENT FOR ENGINEERING SERVICESI
7/07/92 CONSULTANT AGREEMENT
FOR ENGINEERING SERVICES MTG.
DEPT. ENG
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CIT OF CARLSBAD - AGENB BILL
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RECOMMENDED ACTION:
Adopt Resolution No. qa-a 7 Engineering, Incorporated. approving a consultant agreement with
ITEM EXPLANATION:
In 1988, the City contacted a number of management service consultants to contract services. Based on review of the proposals submitted, staff s Doug1 as Helming of Helming Engineering, Incorporated, and three other fir permitted by a supplemental agreement, staff has renewed agreements with Engineering, Incorporated, on an annual basis based upon costs, City's nt demonstrated performance. Services with some firms were discontinued due performance.
The current agreement with Helming Engineering, Incorporated will ex August 5, 1992. Staff recommends authorizing a new one year agreeme provisions for three consecutive one year extensions. The agreement with Engineering, Incorporated is recommended because the firm is currently woi and familiar with projects which are underway. Maintaining an agreement w firm will provide continuity in work that needs to be accomplished.
The City has reduced utilization of management consultants over the past f
but the need still exists to have this service available on an as-needec In response to budget requirements, the Engineering Department is operat
a reduced staff. Having the ability to hire consultants on an as-needed ba assist current staff in managing the fluctuating workload and assist in mail service 1 eve1 s.
FISCAL IMPACT:
Funds are available in the Engineering Department operating budget an( needed, will be collected from developers by agreements in order to handle plan check services.
EXHIBITS:
1. Resolution No. q2-37 authorizing an agreement with Helming Engi Incorporated.
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RESOLUTION NO. 92-214
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HELMING ENGINEERING, INCORPORATED CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT WITH
WHEREAS, the City Council of the City of Carlsbad has reviewed thi
the utilization of consultant services to augment City staff in order tc
service levels; and
WHEREAS, the Ci ty Counci 1 has determi ned that He1 mi ng Ens
Incorporated has performed in a satisfactory manner; and
WHEREAS, the City Council recognizes the need to maintain the (
of work in progress by utilizing Helming Engineering, Incorporated.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
California, as foTlows:
1. That the above recitations are true and correct.
2. That an agreement with Helming Engineering, Incorporated,
which is attached as Exhibit 1, and made a part hereof, is hereby apl
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carl
Council held on the 7th day of July , 1992 by the folloi
to wit:
AYES:
NOES: None
ABSENT: None
Council Members Lewis, Kulchin, Larson, Stanton and Ny
ATTEST:
ALETHA L. RAUTENK-RANZ, City Clerk (SEAL)
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AGREEMENT FOR CONSULTANT PLANCHECKING SERVICES
THIS AGREEMENT, made and entered into as of the day of
, 19-, by and between the CITY OF CARLSBAD, a municipal corpoiati
hereinafter referred to as "City", and Helming Engineering Inc., a California Corporat:
hereinafter referred to as "Consultant".
RECITALS
City requires the services of an engineering consultant to provide the neces
services for plancheck of improvement plans, grading plans and final maps, and e
services that may be required; and Consultant possesses the necessary skills
qualifications to provide the services required by the City;
NOW, THEREFORE, in consideration of these recitals and the mutual cover
contained herein, City and Consultant agree as follows:
1. CONSULTANT'S OBLJGATIONS
A. PERSONNEL
The Consultant shall provide skilled and knowledgeable personnel satisfa
to the City. The consultant shall provide all equipment and standard engineering refe
materials necessary to perform as required herein.
B. CHECKING IMPROVEMENT PLANS:
Consultant shall perform the following work for each project:
1. Examine plans, tour the site in the field, and become familia
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general concepts as proposed by the project applicant for acce
drainage, sewer and water facilities to the site.
Determine if the plans are in conformance with applicable conditic
of approval and the approved tentative map.
2.
3, Check hydrology and hydraulic calculations, and the design of
storm drain system.
Determine any diversions, concentrations or increases in drain
flow, and any potential for damage to off-site property resulting fi
such drainage.
Determine requirements for off-site easements and whether they I-
been obtained.
Determine any encroachments on adjacent property.
4.
5.
6.
7. Check adequacy and availability of sewer and water service and
respective pipe sizing.
Check stopping sight distance, horizontal radius, and vertical CL
on streets.
Determine that the plans, as submitted, are in conformance witk
Carlsbad Municipal Code, the City of Carlsbad Standards, and c
applicable standards used by the City.
Detennhe that the striping, signing, traffic signals, and all (
traffic control equipment are shown on the plan in confomance
the Carlsbad Municipal Code, City of Carlsbad Standards, and
applicable codes and standards used by the City.
8.
9.
10.
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11. Determine that traffic control, detour, phasing, and all other sequen
plans are shown on the plan in conformance with the Carlsb
Municipal Code, City of Carlsbad Standards, and other applical
codes and standards used by the City.
Determine that the improvement plans are in conformance with 1
approved grading plan and final map, if applicable to the project?
copy of the grading plan and final map will be furnished with
improvement plans. The City may elect to check the grading plan
final map or include these plan checks within the Consulta
responsibilities.
Detedne the accuracy of the quantity calculations and the lis
quantities.
Provide the City with a completed checklist and written certific:
that the plans are complete and accurate, and are in conform
with applicable City Codes, Standards, discretionary approvals
written policies, that they are consistent with any grading plans,
map and any other adjacent improvement documents filed at the
12.
13.
14.
C. CHECKING GRADING PLANS:
Consultant shall perfom the following:
1. Examine plans, tour the site in the field, become familiar wit
general concept as proposed by the project applicant.
Determine if the plans are in conformance with applicable cond
of approval and the approved tentative map.
2.
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3. Determine if the general format for the plan is in conformance wi
City of Carlsbad requirements.
Compare the grading plan with the recommendations in the so
report provided and check that the specifications and details in t
soils report are included in the plans. Make recommendation
necessity for additional soils review and review any such additioi
soils reports that are submitted.
4.
5, Compare the grading plan with the grading shown on any and
discretionary approvals and the conditions thereto applied by
appropriate City body.
6. Compare the grading plan with the improvement plans for the projt
7. Compare the grading plan with the approved environmer
information.
Check for the following technical items:
a.
b.
c.
8.
Set back from property line;
tdentification of property and easement lines;
Amounts noted for excavation, fill, and import or export (c
yards) ;
d.
e. Existing contours;
f.
g.
Cut slope and fill slope ratios;
Final grades shown by contours or spot elevations;
Location of cut and placement or fill (daylight and limit
shown on the plan);
h. Typical lot drainage;
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i.
j- Typical brow ditch;
k. Terrace drains;
1.
Typical berm or swale at the top of the fill;
Percent of grade of streets and driveway, length of vertic
curves; and
Horizontal and vertical site distance; cross check this w
improvement plans.
m.
n. Such other items that are contained in City Ordinanc
Standards, policies and resolutions that apply.
0. Good engineering practice.
Check hydrology and hydraulic calculations, and the design of
drainage system.
Determine any diversion, concentrations or increases in drainage flc
and any potential for damage to off-site property resulting from si
drainage. Check for adequate capacity of brow ditches and da
drains.
Check for non-erosive velocities at point of discharge or adeqL
energy dissipation.
Review erosion control measures and check for conformance o
applicable codes and the City's Model Erosion Control Ordins
attached to the Carlsbad Master Drainage Study.
Provide the City with a completed checklist and a written certifica
that the plans are complete and technically correct, and arc
conformance with applicable City codes, Standards, and wri
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9.
10.
11.
12.
13.
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policies, that they are consistent with any improvement plans, fin
map, and other adjacent improvement documents furnished by tl
City.
D. CHECKING FINAL MAPS
Consultant shall perform the following:
1. Determine that the map is in conformance with applicable conditio
of approval and the approved tentative map.
Check that the format is in compliance with the City of Carlsb
requirements.
Check Title Report and Subdivision Guarantee, and verify that the
easements are noted on the map, the legal description conforms w
the map, and all parties required to sign the map have done so.
Check traverse closure for lots, blocks, and boundaries and easeme
for acceptable closure.
Check all easements to which the lots are subject, including use
reference if already of record.
Check legal descriptions and plats for any off-site easements; cf
ownership against title reports, and prepare deed in conformance 7
City format.
Determine that the title sheet and/or Procedure of Survey s
includes basis of bearings, number of lots, acreage of the subdivi5
soils report note, and monumentation notes.
Determine that the following certificates and acknowledgem
appear on the title sheet:
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2.
3.
4.
5.
6.
7.
.
8.
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a. Owner's Certificate signed and acknowledged by all parti
having record title interests, including dedications and offers
dedications;
b. Engineeis or Surveyor's Certificate;
c.
d.
City Engineer's Certificate of Approval;
City Clerk's Certificate of Approval by City Council i
Acceptance of Offer of Dedication; and
e. Such other affidavits, certificates, acknowledgemei
endorsements, and notarial seals as required.
9. Determine that map is in conformance with provisions of L;
Surveyor's Act, the Subdivision Map Act and any and all discretion
approvals and the conditions thereto applied by the appropriate (
body.
Provide the City with a completed checklist and a written certificai
that the map is complete and technically correct and is
conformance with applicable City Codes, Standards, and wri
policies; that it is consistent with any improvement plans, grac
plans, and any other adjacent improvement documents fumishec
the City.
10.
2. CllY OBLIGATIONS
A. Upon ;nitid receipt of a request for plancheck, the City shall perfor
preliminary review of the plans to ensure that complete plans are subm
before forwarding them to the Consultant.
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B. City shall provide the Consultant with the following documents:
1. A copy of 'Title 20: Subdivisions" and "Title 11.06: Excavation ai
Grading" of the Carlsbad Municipal Code, and all revisions as they a
adopted.
A copy of "Carlsbad Standards."
A copy of any other written policies, standard, or criteria adopted
used by City.
2.
3.
C. In addition to prints of the plans to be checked, the City will furnish to I
Consultant the following:
1. A print of the grading plan and proposed final map of the projecl
applicable.
2. A print'of any adjacent improvement plans,
3. A copy of the tentative map and tentative map conditions or any ot
discretionary approval applicable.
D. Nothing in this agreement shall be construed to obligate City to provide
work to the Consultant. City reserves the right, at its sole discretion
assign plan for checking to Consultant, to perform planchecks with its (
forces, or to assign plans for checking to another consulting firm.
3. FEES To BE PAID TO CONSULTANT
The Consultant shall be compensated for the actual time expended on each prc
The compensation shall be based on the Consultants fee schedule effective at the th
work was done, provided however a copy of the fee schedule had previously
forwarded to the City Engineer.
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4. PAYMENT OF FEES
On the first working day of each month, consultant shall submit its invoice for tl
work performed during the prior month. Payment of approved items on the invoice sh
be mailed to the Consultant prior to the 25th day of the month the invoice was submittt
5. COVENANTS AGAINST CONTINGENT FEES
The Consultant warrants that their firm has not employed or retained any compa
or person, other than a bona fide employee working for the Consultant, to solicit or seci
this agreement, and that Consultant has not paid or agreed to pay any company or pers
other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift
any other consideration contingent upon, or resulting from, the award or making of 1
agreement. For breach or violation of this warranty, the City shall have the right to an
this agreement without liability, or, in its discretion, to deduct from the agreement p
or consideration, or otherwise recover, the full amount of such fee, commiss
percentage, brokerage fees, gift, or contingent fee. .
6. NONDISCRIMINATION CLAUSE
The Consultant shall comply with the state and federal laws regar
nondiscrimination.
7. TERMINATION OF CONTRACT
In the event of the Consultant's failure to prosecute, deliver, or perform the wo
provided for in this contract, the City may terminate this Agreement for nonperfom
by notifying the Consultant by certified mail of the termination of the Agreement.
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Consultant, thereupon, has five (5) working days to deliver said documents owned by t'
City and all work in progress to the City. The City shall make a determination of k
based upon the documents delivered to City of the percentage of work which t
Consultant has performed which is usable and of worth to the City in having the contri
completed. Based upon that finding as reported to the City Manager, the Manager sh
determine the final payment of the contract.
8. DISPUTES
If a dispute should arise regarding the performance of work under this agreement,
following procedure shall be used to resolve any question of fact or interpretation
otherwise settled by agreement between parties. Such questions, if they become identi
as a part of a dispute among persons operating under the provisions of this contract, s
be reduced to writing by the principal of the Consultant or the City Enheer. A cop
such documented dispute shall be forwarded to both parties involved along i
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 wit
recommended method of resolution within ten (10) days. If the resolution thus obta
is unsatisfactory to the aggrieved party, a letter outlining the dispute shall be forwa
to the City Council for their resolution through the Office of the City Manager. The
Council may them opt to consider the directed solution to the problem. In such case:
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.
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9. RESPONSIBILlTY OF THE CONSULTANT
The Consultant is hired to render professional services to perform plancheck and a
payments made to Consultant are compensation solely for such services. Consultant sh
provide certifications as required herein, properly signed, by a Registered Civil Enginee
number.
10. SUSPENSION OR TERMINATION OF SERVICES
This agreement may be terminated by either party upon tendering thirty (30) di
written notice to the other party. In the event of such suspension or termination, UF
request of the City, the Consultant shall assemble the work product and put same in or
for proper filing and closing and deliver said product to City. In the event of terminatj
the Consultant shall be paid for work performed to the termination date. The City SI
make the final determination as to the portions of tasks completed and the compensal
to be made.
11. STATUS OF THE CONSULTANT
The Consultant shall perform the services provided for herein in Consultant's own 1
as an independent contractor and in pursuit of Consultant's independent calling, and
as an employee of the City. Consultant shall be under control of the City only as tc
result to be accomplished, but shall consult with the City as provided for in the reques
proposal.
The Consultant is an independent contractor of the City. The payment made tc
Consultant pursuant to the contract shall be the full and complete compensation to M
the Consultant is entitled. The City shall not make any federal or state tax dthhok
on behalf of the Consultant. The City shall not be required to pay any WOI
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compensation insurance on behalf of the Consultant. The Consultant agrees to indemn:
the City for any tax, retirement contribution, social security, overtime payment, or worke
compensation payment which the City may be required to make on behalf of t
Consultant or any employee of the Consultant for work done under this agreement.
The Consultant shall be aware of the requirements of the Immigration Reform 2
Control Act of 1986 and shall comply with those requirements, including, but not limi
to, verifying the eligibility for employment of all agents, employees, subcontractors i
consultants that are included in this agreement.
12. OWNERSHIP OF DOCUMENTS
All plans, studies, sketches, drawings, reports, and specifications as herein required
the property of the City, whether the work for which they are made be executed or
In the event this contract is terminated, all documents, plans, specifications, drawi
reports, and studies shall be delivered forthwith to the City. Consultant shall have
right to make one (1) copy of the plans for his/her records.
13. REPRODU(JII0N RIGHTS
The Consultant agrees that all copyrights which arise from creation of the 7
pursuant to this contract shall be vested in City and hereby agrees to relinquish all cl
to such copyrights in favor of City.
14. HOLD HARMLESS AGREEMENT
The City, its officers, and employees shall not be liable for any claims, liabi
penalties, fines, or any damage to goods, properties, or effects of any person whateve
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for personal injuries or death caused by, or resulting from, any intentional or neglige
acts, errors or omissions of Consultant or Consultant's agents, employees,
representatives. Consultant agrees to defend, indermtj, and save free and harmless t'
City and its officers and employees against any of the foregoing claims, liabilities, penalt
or fines, including liabilities or claims by reason of alleged defects in any plans a
specifications, and any cost, expense or attorney's fees which are incurred by the City
account of any of the foregoing.
15. ASSIGNMENT OF AGREEMENT
The Consultant shall not assign this Agreement or any part thereof or any monies (
thereunder without the prior written consent of the City.
16. SUBCONTRACITNG
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 indire
employed by the subcontractor, as Consultant is for the acts and omissions of pen
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 noted tc
contrary in the subcontract in question approved in writing by the City.
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17. PROHIBITED INTEREST
No offichl of the City who ;s authorized ;1 such capacity on behalf of the City
negotiate, make, accept, or approve, or take part in negotiating, making, accepting,
approving of this agreement, shall become directly or indirectly interested personally in t'
contract or in any part thereof. No officer or employee of the City who is authorized
such capacity and on behalf of the City to exercise any executive, supervisory, or simi
functions in connection with the performance of this contract shall become directly
indirectly interested personally in this contract or any part thereof.
18. JXIRAWORK
The Consultant, in performing his services, shall not do extra work in excess of
agreement without the written permission of the City or its designated representativt
19. SUCCESSORS OR ASSIGNS
Subject to the provisions of Paragraph 14, "Hold Harmless Agreement," all tei
conditions, and provisions hereof shall insure to and shall bind each of the parties hei
and each of their respective heirs, executors, administrators, successors, and assigns.
20. EFFEm DATE
This agreement shall be effective on and from the day and year first above writter
may be extended for three (3) consecutive one (1) year periods upon satisfa
performance and City needs.
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21. CONFLICT OF INTEREST
The Consultant shall file a Conflict of Interest Statement with the City Clerk
accordance with the requirements of the City of Carlsbad Conflict of Interest Code. TI
Consultant shall report investments or interests in real property. The Consultant expresz
affirms that he will perform no plancheck services on any plans prepared by his firm or a
plans for applicants, which are also clients of the consultant where there is any possibil
of a conflict of interest. The Consultant shall immediately notify the City Engineer of a
circumstances which may lead to a conflict of interest.
22. INSURANCE
The Consultant shall obtain and maintain policies of general liability insurance, th
hundred thousand dollars ($300,000) automobile liability insurance, and a combined PO
of worker's compensation and employers liability insurance from an insurance comp
authorized to do business in the State of California which meets the requirements of (
Council Resolution No, 91-403 in an insurable amount of not less than one million dol
($1,000,000) each, unless a lower amount is approved by the City Attorney or the '
Manager. This insurance shall be in force during the life of this agreement and shall
be canceled without thlrty (30) days prior written notice to the City sent by certified I
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The City shall be named as an additional insured on these policies. The Consulta
shall furnish certificates of insurance to the City before commencement of work.
Executed by Consultant this day of 9 19-
CONSULTANT: CITY OF CARLSBAD, a municipal
corporation of the State of California Helmin[ Enaineerinn, Inc,
(name of Consultant)
By:
City Manager or Mayor
ATTEST:
By: &/J& e
Doualas - L. Helming
(print name here)
President ALETHA L. RAUTENKRANZ
(title and organization of signatory) City Clerk
(Proper notarial acknowledgment of execution by CONSULTANT must be attached.)
(President or vice-president and secretary or assistant secretary must sign for corporati
If only one officer signs, the corporation must attach a resolution certified by the secre
or assistant secretary under corporate seal empowering that officer to bind
corporation.)
APPROVED AS TO FORM:
RONALD R. BALL
Acting City Attorney PUR. Q-2
Deputy City Attorney BY
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