HomeMy WebLinkAbout1993-11-16; City Council; 12473; CONSULTANT AGREEMENT WITH HELMING ENGINEERING, INCORPORATED FOR ENGINEERING SERVICESAB I# j a! 933 TITLE: CONSULTANT AGREEMENT WITH
MTG. 11/16/93
DEPT. ENG
H E LM I N G EN G IN E E RI N G , I N C ORP 0 RATED
FOR ENGINEERING SERVICES
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Cw OF CARLSBAD - AGEaA BILL T &
RECOMMENDED ACTION:
Adopt Resolution No. 43 -3/v approving a consultant agreement with
Engineering, Incorporated for general Civil Engineering support services.
ITEM €KbLANAT16N
On July 7, 1992, the City Council approved a one year consultant agreen
Helming Engineering, Incorporated to provide general engineering support I
check services on an as needed basis. The agreement authorized three consec
year extensions.
The City has updated the basic format for consultant agreements. In order to
to the new format and renew the consultant agreement with Helming Ens
Incorporated, staff is recommending that Council approve a new one year as
Due to budget constraints, staff is currently reviewing all consultant services to
the appropriate utilization of contract services. The current contract is rec
complete ongoing projects and to make services available until a full eval
complete. The contract is a time and materials contract with a not-to-exceed :
The City is not obligated to the full amount and will only authorize services as
This agreement provides for three consecutive one year extensions based on.
need and satisfactory performance by the consultant, as approved by the City I
The agreement with Helming Engineering, Incorporated is recommended becaus
is currently working on and familiar with projects which are underway. Maintz
agreement with this firm will provide continuity in work that needs to be accorn
FISCAL IMPACT
Funds are available in the Engineering Department operating budget and where
will be collected from developers by agreements, in order to handle special pli
services.
EXHIBITS
1. Resolution No. 93-317 approving an agreement with Helming Enc
Incorporated.
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RESOLUTION NO. 9 3 - 3 14
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT WITH
HELMING ENGINEERING, INCORPORATED
WHEREAS, the City Council of the City of Carlsbad has reviewed the nc
utilization of consultant services on an ongoing, as needed basis in order to main
levels; and
WHEREAS, the City Council has determined that Helming Engineering, lncor
performed in a satisfactory manner; and
WHEREAS, the City Council recognizes the need to maintain the continuit
progress by utilizing Helming Engineering, Incorporated.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City (
California, as follows:
1.
2.
That the above recitations are true and correct.
That an agreement with Helming Engineering, Incorporated, a cop!
attached as Exhibit 1, and made a part hereof, is hereby approved.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Coun
of Carlsbad, California held on the 16th day of NOVEMBER, 1993 by the fo
to wit: I
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AYES:
NOES: None
ABSENT: None
Council Members Lewis, Stanton, Kulchin, Nygaard, Fin1
1 *-ITEST:
I
28 ALETHA L. RAUTENK
(SEAL)
0 0
AGREEMENT FOR
CONSULTANT PIANCHECKING SERVICES
THIS AGREEMENT, made and entered into as of the 22nd day 0) NOVENT
, 19YJ by and between the CITY OF CARLSBAD, a municipal corporat
hereinafter referred to as "City", and HELMING ENGINEERING, INC., a Califo
Corporation, 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 o
services that may be required; and Consultant possesses the necessary skills
qualifications to provide the services required by the Clty;
NOW, THEREFORE, in consideration of these recitals and the mutual coven
contained herein, City and Consultant agree as follows:
1. CONSULTANT'S OBLIGATIONS
The Consultant shall provide qualified professional General Civil Enginet
support services including, but not limited to, preliminary and final design, right-of
engineering and plancheck services, all equipment and standard engineering refer(
materials necessary to perform as required herein:
A. CHECKING IMPROVEMENT PLANS:
Consultant shall perform the following work for each project:
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1. Examine plans, tour the site in the field, and become familiar H general concepts as proposed by the project applicant for acce drainage, sewer and water facilities to the site.
2. Determine if the plans are in conformance with applicable conditic of approval and the approved tentative map.
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 fr
such drainage.
Determine requirements for off-site easements and whether t have been obtained.
3.
4.
5.
6. Determine any encroachments on adjacent property.
7. Check adequacy and availability of sewer and water service and
respective pipe sizing.
Check stopping sight distance, horizontal radius, and vertical CUI
on streets.
Determine that the plans, as submitted, are in conformance with
Carlsbad Municipal Code, the City of Carlsbad Standards, and c
applicable standards used by the City.
Determine that the striping, signing, traffic signals, and all other ti
control equipment are shown on the plan in conformance witt
Carlsbad Municipal Code, City of Carlsbad Standards, and c
applicable codes and standards used by the City.
11. Determine that traffic control, detour, phasing, and all c
sequence plans are shown on the plan in conformance witt
Carlsbad Municipal Code, City of Carlsbad Standards, and (
applicable codes and standards used by the City.
Determine that the improvement plans are in conformance wit1
approved grading plan and final map, if applicable to the projec
copy of the grading plan and final map will be furnished wit1
improvement plans. The C'Q may elect to check the grading
and final map or include these plan checks within the Consull
responsibilities.
8.
9.
10.
12.
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13. Determine the accuracy of the quantity calculations and the lis quantities.
Provide the Crty with a completed checklist and written certifica
that the plans are complete and accurate, and are in conforma
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
14.
City.
B. CHECKING GRADING PLANS:
Consultant shall perform the following:
1. Examine plans, tour the site in the field, become familiar with
general concept as proposed by the project applicant.
Determine if the plans are in conformance with applicable condil
of approval and the approved tentative map.
Determine if the general format for the plan is in conformance
City of Carlsbad requirements.
Compare the grading plan with the recommendations in the
report provided and check that the specifications and details ir
soils report are included in the plans. Make recommendatioi
necessity for additional soils review and review any such addit
2.
3.
4.
soils reports that are submitted.
5. Compare the grading plan with the grading shown on any ar
discretionary approvals and the conditions thereto applied b!
appropriate City body.
Compare the grading plan with the improvement plans foi
project.
7. Compare the grading plan with the approved environr
information.
Check for the following technical items:
a.
6.
8.
Set back from property line;
b. Identification of property and easement lines;
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c. Amounts noted for excavation, fill, and import or export (cui yards);
d.
e. Existing contours;
f. Final grades shown by contours or spot elevations;
g. Location of cut and placement or fill (daylight and limit lir shown on the plan);
h. Typical lot drainage;
i.
j. Typical brow ditch;
k. Terrace drains;
1.
Cut slope and fill slope ratios;
Typical berm or swale at the top of the fill;
Percent of grade of streets and driveway, length of ver curves; and
Horizontal and vertical site distance; cross check this
improvement plans.
Such other items that are contained in City Ordinan
Standards, policies and resolutions that apply.
m.
n.
0. Good engineering practice.
Check hydrology and hydraulic calculations, and the design 01
drainage system.
Determine any diversion, concentrations or increases in draii
flow, and any potential for damage to off-site property resulting such drainage. Check for adequate capacity of brow ditches
down drains.
Check for non-erosive velocities at point of discharge or adec
energy dissipation.
Review erosion control measures and check for conformance
applicable codes and the City’s Model Erosion Control Ordin
attached to the Carlsbad Master Drainage Study.
9.
10.
11.
12.
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13. Provide the City with a completed checklist and a written certifical that the plans are complete and technically correct, and are
conformance with applicable City Codes, Standards, and wril
policies, that they are consistent with any improvement plans, 1
map, and other adjacent improvement documents furnished by
City.
C. CHECKING FINAL MAPS
Consultant shall perform the following:
1. Determine that the map is in conformance with applicable condit
of approval and the approved tentative map.
Check that the format is in compliance with the City of Carls
requirements.
Check Tile Report and Subdivision Guarantee, and verify that tb
easements are noted on the map, the legal description confc
with the map, and all parties required to sign the map have dont
2.
3.
4. Check traverse closure for lots, blocks, and boundaries
easements 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; c
ownership against title reports, and prepare deed in conform
with City format.
Determine that the title sheet and/or Procedure of Survey z
includes basis of bearings, number of lots, acreage of
subdivision, soils report note, and monumentation notes.
Determine that the following certificates and acknowledgen
appear on the title sheet:
a. Owner’s Certificate signed and acknowledged by all p
having record title interests, including dedications and ( of dedications:
5.
6.
7.
8.
b. Engineer’s or Surveyor’s Certificate;
c. City Engineer’s Certificate of Approval;
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d. C’Q Clerk’s Certificate of Approval by City Council 2
e. Such other affidavits, certificates, acknowledgemer
Acceptance of Offer of Dedication; and
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
discretionary approvals and the conditions thereto applied by
appropriate City body.
Provide the City with a completed checklist and a written certifica
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 furnishec
the City.
IO.
D. PRELIMINARY AND FINAL ENGINEERING DESIGN
1. Perform topographic survey.
2.
3.
Utility research, coordination and design.
Preliminary engineering design and feasibility analysis including
estimates and analysis of benefits to land ownerships.
Hydrologic and hydraulic analysis and design of storm drain facili
Preparation of final design plans, specifications, and cost estim
in conformance with City Standards suitable for contract award
execution.
4.
5.
E. RIGHT-OF-WAY ENGINEERING SERVICES
1. Provision of legal descriptions and plats for roadway and I
easement documents.
Provision and review of appropriate title information on parcc
land to be acquired by the City.
Coordination with property owners in describing and obta
easement documents.
2.
3.
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4. Review and checking of easement and right-of-way documt
prepared by others for use by the City.
Perform cadastral survey and appropriate records of survey to loc; and monument properties as may be required by the City.
5.
2. CITY OBLIGATIONS
A. Upon initial receipt of a request for plancheck, the Caw shall perforn
preliminary review of the plans to ensure that complete plans are submitted befc
forwarding them to the Consultant.
B. City shall provide the Consultant with the following documents:
1. A copy of 'Tile 20: Subdivisions" and 'Title 11.06: Excavation l
Grading" of the Carlsbad Municipal Code, and all revisions as t
are adopted.
A copy of "Carlsbad Standards."
A copy of any other written policies, standard, or criteria adoptec
used by City.
2.
3.
C. In addition to prints of the plans to be checked, the City will furnish to
Consultant the following:
1. A print of the grading plan and proposed final map of the proje
applicable.
A print of any adjacent improvement plans.
A copy of the tentative map and tentative map conditions or
other discretionary approval applicable.
Any other reference material in possession of the City require
perform the provisions of this contract.
Nothing in this agreement shall be construed to obligate City to providc
work to the Consultant. City reserves the right, at its sole discretion, to assign plar
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2.
3.
4.
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checking to Consultant, to perform planchecks with its own forces, or to assign plans ‘
checking to another consulting firm.
3. FEES TO BE PAID TO CONSULTANT
The Consultant shall be compensated for actual time expended on each projf
The compensation shall be based on the Consultant’s fee schedule in effect at the ti
the work was done. The Consultant’s fee schedule shall be approved with the effeci
date of this contract (Exhibit A). Changes in the fee schedule shall be submitted by
Consultant to the City Engineer at the time of contract extension as providec
Section 4., DURATION OF CONTRACT. If the Clty Engineer accepts the rates,
contract may be amended and extended by the City Manager. The total to be paic
Consultant under this contract shall not exceed $2OO,OOO.
4. DURATION OF CONTRACT
This contract shall extend for a period of one (1) year from date thereof and I
be extended by the City Manager for three (3) additional one (1) year periods or F
thereof, based upon a review of satisfactory performance and the City’s needs.
5. PAYMENT0 F FEES
Payment of fees shall be within thirty (30) days after receipt of invoice for sen
from Consultant.
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6. CHANGES IN WORK
if, in the course of the contract, changes seem merited by the Consultant or the C
and informal consultations with the other party indicate that a change in the conditil
of the contract is warranted, the Consultant or the City may request a change in contr
Such changes shall be processed by the City in the following manner: A letter outlir
the required changes shall be forwarded to the City by Consuttant to inform them of
proposed changes along with a statement of estimated changes in charges or i
schedule. A supplemental agreement shall be prepared by the City and approved bl
City according to the procedures described in Carlsbad Municipal Code Section 3.28.
Such supplemental agreement shall not render ineffective or invalidate unaffected pori
of the agreement.
7. COVENANTS AGAINST CONTINGENT FEES
The Consultant warrants that their firm has not employed or retained any coml
or person, other than a bona fide employee working for the Consultant, to solic
secure this agreement, andthat Consultant has not paid or agreed to pay any com
or person, other than a bona fide employee, any fee, commission, percentage, broke
fee, gift, or any other consideration contingent upon, or resultjng from, the awa
making of this agreement. For breach or violation of this warranty, the City shall ha\
right to annul this agreement without liability, or, in its discretion, to deduct fror
agreement price or consideration, or otherwise recover, the full amount of sucl
commission, percentage, brokerage fees, gift, or contingent fee.
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8. NONDISCRIMINATION CLAUSE
The Consultant shall comply with the state and federal laws regardi
nondiscrimination,
9. TERMINATION OF CONTRACT
In the event of the Consultant’s failure to prosecute, deliver, or perform the work
provided for in this contract, the City may terminate this contract for nonperformance
notifying the Consultant by certified mail of the termination of the Consultant. -
Consultant, thereupon, has five (5) working days to deliver said documents owned by
City and all work in progress to the City. The City shall make a determination of
based upon the documents delivered to City of the percentage of work which
Consultant has performed which is usable and of worth to the City in having the cont
completed. Based upon that finding as reported to the City Manager, the Manager E
determine the final payment of the contract.
10. DISPUTES
If a dispute should arise regarding the performance of work under this agreerr
the following procedure shall be used to resolve any question of fact or interpretatior
otherwise settled by agreement between parties. Such questions, if they bec
identified as a part of a dispute among persons operating under the provisions o
contract, shall be reduced to writing by the principal of the Consultant or the
Engineer. A copy of such documented dispute shall be forwarded to both pi
involved along with recommended methods of resolution which would be of benc
both parties. The City Engineer or principal receiving the letter shall reply to the
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along with a recommended method of resolution within ten (10) days, If the resolutii
thus obtained is unsatisfactory to the aggrieved party, a letter outlining the dispute st-
be forwarded to the City Council for their resolution through the Office of the C
Manager. The City Council may then opt to consider the directed solution to 1
problem. In such cases, the action of the City Council shall be binding upon the part
involved, although nothing in this procedure shall prohibit the parties seeking remec
available to them at law.
i 1. SUSPENSION OR TERMINATION OF SERVICES
This agreement may be terminated by either party upon tendering thirty (30) d
written notice to the other party. In the event of such suspension or termination, ul
request of the City, the Consultant shall assemble the work product and put samc
order for proper filing and closing and deliver said product to City. In the ever
termination, the Consultant shall be paid for work performed to the termination c
however, the total shall not exceed the lump sum fee payable under paragraph 3.
City shall make the final determination as to the portions of tasks completed and
compensation to be made.
12. STATUSOF 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 b8 under control of the city only i
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the result to be accomplished, but shall consult with the City as provided for in ti
request for proposal.
The Consultant is an independent contractor of the City. The payment made to t
Consultant pursuant to the contract shall be the full and complete compensation to whi
the Consultant is entitled. The City shall not make any federal or state tax withholdir
on behalf of the Consultant or its employees or subcontractors. The City shall not
required to pay any workers' compensation insurance on behalf of the Consultant or
employees or sub-contractors. The Consultant agrees to indemnrfy the City for any t
unemployment benefit, retirement contribution, social security, overtime payment,
workers' compensation payment which the City may be required to make on behalf of
Consultant or any employee or subcontractor of the Consultant for work done under
agreement.
The Consultant shall be aware of the requirements of the Immigration Reform l
Control Act of 1986 and shall comply with those requirements. including. but not lim
to, verifying the eligibility for employment of all agents, employees, subcontractors
consultants that are included in this agreement.
13. OWNERSHIP OF DOCU MENTS
All plans, studies, sketches, drawings, reports, and specifications as herein reqi
are the properjr of the City, whether the work for which they are made be execute
not. In the event this contract is terminated, all documents, plans, specificati
drawings, reports, and studies shall be delivered forthwith to the C'Q. Consukant
have the right to make one (1) copy of the plans for hisher records.
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14. REPRODUCTION RIGHTS
The Consultant agrees that all copyrights which arise from creation of the WI
pursuant to this contract shall be vested in City and hereby agrees to relinquish all clai
to such copyrights in favor of City.
15. HOLD HARMLESS AGREEMENT
The City, its officers, and employees shall not be liable for any claims, liabili
penalties, fines, or any damage to goods, properties, or effects of any person whate
nor for personal injuries or death caused by, or resulting from, any intentional or negli!
acts, errors or omissions of Consultant or Consultant's agents, employees,
representatives. Consultant agrees to defend, indemnify, and save free and harmles:
City and its offkers and employees against any of the foregoing claims. liabili
penalties or fines, including liabilities or claims by reason of alleged defects in any F
and specifications, and any cost, expense or attorney's fees which are incurred b!
City on account of any of the foregoing.
16. ASSIGNMENT OF CONTRACT
The Consuttant shall not assign this contract or any part thereof or any monie:
thereunder without the prior written consent of the City.
17. su BCONTRACTI NG
If the Consultant shall subcontract any of the work to be performed unde
contract by the Consultant, Consultant shall be fully responsible to the City for thc
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and omissions of Consultant’s subcontractor and of the persons either directly
indirectly employed by the subcontractor, as Consultant is for the acts and omissions
persons directly employed by consultant. Nothing contained in this contract shall crei
any contractual relationship between any subcontractor of Consultant and the City. T
Consultant shall bind every subcontractor and every subcontractor of a subcontractor
the terms of this contract applicable to Consultant’s work unless specifically noted to ‘
contrary in the subcontract in question approved in writing by the City.
18. PROHIBITED INTEREST
No official of the City who is authorized in such capacity on behalf of the Ch
negotiate, make, accept, or approve, or take part in negotiating, making, accepting
approving of this agreement, shall become directly or indirectly interested personall
this contract or in any part thereof. No officer or employee of the City who is author:
in such capacity and on behatf of the City to exercise any executive, supervisor)
similar functions in connection with the performance of this contract shall become dirc
or indirectly interested personalty in this contract or any part thereof.
19. VERBAL AGREEMENT OR CONVERSATION
No verbal agreement or conversation with any officer, agent, or employee of the
either before, during or after the execution of this contract, shall affect or modify a
the terms or obligations herein contained nor entitle the Consultant to any addi
payment whatsoever under the terms of this contract.
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20. SUCCESSORS OR ASSIGNS
Subject to the provisions of Paragraph 15, "Hold Harmless Agreement," all tern
conditions, and provisions hereof shall inure to and shall bind each of the parties here
and each of their respective heirs, executors, administrators, successors, and assigi
21. EFFECTIVE DATE
This agreement shall be effective on and from the day and year first written abc
22. CONFLICT OF INTEREST
The consultant shall file a conflict of interest statement with the city cler
accordance with the requirements of the City of Carlsbad conflict of interest code.
disclosure categories shall be Category 1.
23. INSURANCE
The Consultant shall obtain and maintain policies of general liability insur:
automobile liability insurance, and a combined policy of worker's compensation
employers liability insurance from an insurance company authorized to do business i
State of California which meets the requirements of City Council Resolution No. 9
in an insurable amount of not less than one million dollars ($l,OOO,OOO) each, unll
lower amount is approved by the City Attorney or the City Manager. This insurance
be in force during the life of this agreement and shall not be canceled without thiq
days prior written notice to the City sent by certified mail.
....
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7 - CALIFORNI B4 LL-PURPOSE ACKNOW EDGEMENT m
COUNTY OF FAb y) \ E..
)
)
. STATE OF CALIFORNIA
-
On /yhA%/p beforeme, -ka(--h ' 5-y- /-. /iT&/JcA
NAME TITLE OF OFFICER E G 'JANE DOE NOTARY PUBLIC'
' * .? ', r--' ,(A c - - - \
personally known to me (or proved to me on the basis of satisfacioh evidence) to be the'person(s) whose name(
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their
capacity(ies), and that by his/her/thelr signature(s) on the instrument the person(s), or the entity upon behalf of LC
person(s) acted, executed the instrument.
personally appeared, -! 'nG(&',-f ---LI 5
. L- -A&- - - rc""" Pznzi!A A,Odagc
1 ^-i 165 W&Q
I- -- -/e-'- ---I
Y b
.I 0 <- 197 -L (SEAL) B -. - OPTIONAL INFORMATION
TITLE OR TYPE OF DOCUMENT L /JSUrn?JT
DATE OF DOCUMENT /?/gF "%b& OF PAGES - / 7
StGNER(S) OTHER THAN NAMED AB VE
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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 z 2 day of OCrn~CE I 19-
CONSULTANT:
Helmina Enaineerina. Inc.
(name of Consultant)
CITY OF CARLSBAD, a municipal
corporation of the State of California
By:
ATTEST:
By: JJ/&/ I.I
Doualas L. Helmina
(print name here)
XGS roe u 7- B-
7&
(tit e and organization of signatory) ALETHA L RAUTENKRANZ
M,dS ~&ldE€Iw~~ I luc. Ci Clerk
(Proper notarial acknowledgment of execution by CONSULTANT must be attached
(President or vice-president and secretary or assistant secretary must sign
corporations. If only one officer signs, the corporation must attach a resolution cerl
by the secretary or assistant secretary under corporate seal empowering that Officr
bind the corporation.)
APPROVED AS TO FORM:
RONALD R. BALL City Attorney
BY (J'/LA
7 Deputy City Addrney
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HELMING
1947 CAMINO VlDA ROBLE SUITE 107 - CARiSSA; --
16191 431-5999 . FAX 6’s -ENGINEERING, €NC I
I I Effective January 1,1993
I SCHEDULE OF CURRENT HOURLY RATES
1
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OFFICE: I ‘I
I 1 Principal Engineer $ 1oo.co
Project EngineerlManager $ 85.00
Assoaate Engineer $ 70.00
Survey Analyst $ 70.00
Designer $ 60.00
Drafisperson $ 50.00
$ 28.00
I
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I1 Administrative Aide
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I FIELD:
Field Supervisor $ 65.00
1-Person Survey Crew $ 65.00
$ 150.00 3-Person Survey Crew
2-Person Survey Crew $ 110.00
I1
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I/ REIMBURSABLE EXPENSES: ,I
‘I
I Blueprinting and reproduction cost + 10%
TelephoneFax cost + 1O0h
Electric Equipment cost + 1O0h
Postage cost
cost + 1O0A
I1 Travel $6.341mile Subcontracting services
Materials -- - cost !I
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