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HomeMy WebLinkAbout1997-11-04; City Council; 14113; Appropriation of funds to the Engineering Dept.BiB# /qi I I 3 TITLE: AGREEMENTS FOR ITG. 4/01/97 BERRYMAN & HENIGARAND CITY Amy. ENGINEERING PLANCHECK SERVICES WITH )EPT. ENG ELLORIN CONSULTING ENGINEERS CITY MOR. RECOMMENDED ACTION: Adopt Resolution No. 91- VAT approving consultant agreements with Berryman & Henigar and Ellorin Consulting Engineers for engineering plancheck services. ITEM EXPLANATION: In late 1994, responding to staff reductions and an increase in development activities, the services. Berryman & Henigar and Ellorin Consulting Engineers were selected from that group to Engineering Department requested proposals from five firms to provide engineering plancheck provide services to the City. These firms have been providing services under contract to the City for over two years. The proposed agreement extends these contracts with the following modifications: e Section 3: Progress and Completion - Contract turnaround times have been modified as follows: Second-and Third Plancheck 14 Calendar Days I 10 Working Days Mylar Final Submittals 14 Calendar Days I 5 Working Days e Section 3: Progress and Completion - The new agreement adds a 5% penalty for any that 90% of all planchecks meet the contract turnaround times. plancheck not returned within the contract limit and provides a 5% bonus each fiscal year e Attachment A: The Fee Schedule has been modified to better reflect the City's adopted fee schedule. In no case shall the consultant charge exceed fees. In the past, this was the case for some categories of services. e Attachment "A: The improvement plancheck schedule has increased to reflect the cover City administrative costs in addition to plancheck charges. increased level of service. In no case do fees exceed 80% of the City fee. Fee revenues e Each agreement has an annual limit of $200,000. The actual payments depend on the level of development activity. When demand exceeds the contract limit, staff will return to the Council with an amendment to increase the annual limit. e Each agreement is for one year with authorization for the City Manager to extend annually up to three years. Both firms have performed well in the past and have become familiar with City standards and processes. The new contract will provide incentives for more rapid service. At any time staff feels that service from the consultant has deteriorated to an unacceptable level, we will return to Council to terminate the contract and seek other firms to provide these services. The learning curve to become an efficient and effective planchecker can be lengthy. As long as the service is adequate and fees acceptable, staff will recommend continued service with these firms. Page 2 of Agenda Bill No. ::. 113 FISCAL IMPACT: Each contract is a not-to-exceed $200,000 per year for a total of $400,000. The services are paid as a percentage of fee revenues received and are, therefore, completely covered by annual fee revenues. Should service demands exceed the annual contract limit, a contract amendment will Consultant Services account to cover anticipated costs for this fiscal year. be processed through to Council. Sufficient revenues have been appropriated in the Engineer EXHIBITS: 1. Adopt Resolution No. 9 9 - ?, 3 approving consultant agreements with Berryman & Henigar and Ellorin Consulting Engineers for engineering plancheck services. 2. Consultant Agreement for Planchecking Services with Berryman & Henigar. 3. Consultant Agreement for Planchecking Services with Ellorin Consulting Engineers. . 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 RESOLUTION NO. 97-423 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT WITH BERRYMAN & HENIGAR AND ELLORIN CONSULTING FOR FNGlNFFRlNG PLANCHFCKING SERVICFS WHEREAS, the City Council of the City of Carlsbad has reviewed the need for consultant plancheck services on an as-needed basis in order to maintain service levels; and WHEREAS, the City Council has determined that Berryman & Henigar and Ellorin Consulting Engineers has the necessary qualifications; and WHEREAS, sufficient funds are available in the Engineering Department budget. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That an agreement between the City of Carlsbad and Berryman & Henigar and Ellorin Consulting Engineers for engineering planchecking services, copies identified as Exhibits 2 and 3. are hereby approved. 3. That the Mayor of the City of Carlsbad is hereby authorized and directed to execute said agreements for and on behalf of the City of Carlsbad. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the day of April , 1997 by the following vote, to wit: AYES: Council Members Lewis, Finnila, Nygaard, Kulchin, and Hall NOES: None ATTEST: 2 + hAn PLETHA L. RAUTENKRANZ, City Clerk (SEAL) c AGREEMENT FOR ENGINEERING PLANCHECKING SERVICES THIS AGREEMENT, made and entered into as of the 4th day of APRIL , 1997, by and between the CITY OF CARLSBAD, a municipal corporation, hereinafter referred to as "City", and BERRYMAN 8. HENIGAR. hereinafter referred to as "contractor". REClTACS City requires the services of an engineering Contractor to provide the necessary services for plancheck of improvement plans, grading and erosion control plans, final maps, parcel maps and other services that may be required; and Contractor possesses the necessary skills and qualifications to provide the services required by the City; NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. CONTRACTOR'S OBLIGATIONS The Contractor shall provide qualified professional engineering plancheck services and all facilities, equipment, and standard engineering reference materials necessary to perform as required herein. A. CHECKING IMPROVEMENT PLANS: Contractor shall perform the following work for each project: 1. Examine plans, tour the site in the field, and become familiar with general concepts as proposed by the project applicant for access, drainage, sewer and water facilities to the site. 1 rev. 8/26/96 c 2. 3. 4. 5. 6. 7. a. 9. IO. 11. Determine if the plans are in conformance with the applicable conditions of approval and the approved tentative map. Check hydrology and hydraulic calculations, and the design of the storm drain system in conformance with the City standards. Determine any diversions, concentrations or increases in drainage flow, and any potential for damage to off-site property resulting from such drainage. Determine requirements for off-site easements and whether they have been obtained. Determine any encroachments on adjacent property. Check adequacy and availability of sewer and water service and the respective pipe sizing when requested. Coordinate with sewer and water agencies to ensure plan consistency. Check stopping sight distance, horizontal radius, and vertical curves on streets. Coordinate sight distance requirements with landscape plans. Determine that the plans, as submitted, are in conformance with the Carlsbad Municipal Code, the City of Carlsbad Standards, and other applicable standards used by the City. Determine that the striping, signing, traffic signals, and all other traffic control equipment are shown on the plan in conformance with the Carlsbad Municipal Code, City of Carlsbad Standards, and other applicable codes and standards used by the City and in coordination with the City Traffic Engineer. Determine that traffic control, detour, phasing, and all other sequence plans are shown on the plan in conformance with the Carlsbad Municipal Code, City of Carlsbad Standards, and other applicable codes and standards used by the City. rev. 8/26/96 2 c 12. Determine that the improvement plans are in conformance with the approved grading plan and final map, if applicable to the project. A copy of the grading plan and final map will be furnished with the improvement plans. The City may elect to check the grading plan and final map or include these planchecks within the Contractor’s responsibilities. 13. Determine the accuracy of the quantity calculations, the list of quantities and the engineer’s cost estimate. 14. Provide the City with a completed checklist and written certification that the plans are complete and accurate, and are in conformance with applicable City Codes, Standards, discretionary approvals and written policies, that they are consistent with any grading plans, final map and any other adjacent improvement documents filed at the City. 15. Provide, upon request, technical information for letters, agreements, securities, easement documents and agenda bills with appropriate transmittal information. Submit all plancheck related documents to the City for the project file. B. CHECKING GRADING AND EROSION CONTROL PLANS: Contractor shall perform the following: 1. Examine plans, tour the site in the field, become familiar with the general concept as proposed by the project applicant. 2. Determine if the plans are in conformance with the applicable conditions of approval and the approved tentative map. 3. Determine if the general format for the plan is in conformance with City of Carlsbad requirements. 4. Compare the grading plan with the recommendations in the soils report provided and check that the specifications and details in the soils report are included in the plans. Make recommendation on necessity for additional soils review and review any such additional soils reports that are submitted. rev. 8/26/96 3 6 5. Compare the grading plan with the grading shown on any and all discretionary approvals and the conditions thereto applied by the appropriate City body. 6. Compare the grading plan with the improvement plans for the project. 7. Compare the grading plan with the approved environmental information. 8. Check for the following technical items: a. b. C. d. e. f. 9. h. i. 1. k. 1. m. Set back from property line; Identification of property and easement lines; Amounts noted for excavation, fill, and import or export (cubic yards); Cut slope and fill slope ratios; Existing contours; Final grades shown by contours or spot elevations; Location of cut and placement or fill (daylight and limit lines shown on the 'plan); Typical lot drainage; Typical berm or swale at the top of the fill; Typical brow ditch; Terrace drains; Percent of grade of streets and driveway, length of vertical curves; and Horizontal and vertical site distance; cross check this with improvement plans. rev. 8/26/96 4 9. IO. 11. 12. 13. 14. 15. n. Such other items that are contained in City Ordinances, Standards, policies and resolutions that apply. 0. Good engineering practice. Check hydrology and hydraulic calculations, and the design of the drainage system for conformance with City Standards. Determine any diversion, concentrations or increases in drainage flow, and any potential for damage to off-site property resulting from such drainage. Check for adequate capacity of brow ditches and down drains. Check for non-erosive velocities at point of discharge or adequate energy dissipation. Review erosion control measu.res and check for conformance with applicable codes. Check landscape plans for conformance to the grading plans and for conformance with intersection sight corridors and corner cut- offs. Provide the City with a completed checklist and a written certification that the plans are complete and technically correct, and are in conformance with applicable City Codes, Standards, and written policies, that they are consistent with any improvement plans, final map, and other adjacent improvement documents furnished by the City. Provide, upon request, technical information for letters, agreements, securities, easement documents and agenda bill with appropriate transmittal information. Submit all plancheck related documents to the City for the project file. C. CHECKING FINAL MAPS AND PARCEL MAPS Contractor shall perform the following: 1. Determine that the map is in conformance with applicable conditions of approval and the approved tentative map. rev. 8/26/96 5 % 2. 3. 4. 5. 6. 7. 8. Check that the format is in compliance with the City of Carlsbad requirements. Check Title Report and Subdivision Guarantee, and verify that all easements are noted on the map, the legal description conforms with the map, and all parties required to sign the map have done so. Check traverse closure for lots, blocks, boundaries and easements for acceptable closure. Check all easements to which the lots are subject, including use and reference if already of record. Check legal descriptions and plats for any off-site easements; check ownership against title reports, and prepare deed in conformance with City format. Determine that the title sheet andlor Procedure of Survey sheet includes basis of bearings, number of lots, acreage of the subdivision, soils report note, and monumentation notes. Determine that the following certificates and acknowledgments appear on the title sheet: a. b. C. d. e. Owner's Certificate signed and acknowledged by all parties having record title interests, including dedications and offers of dedications; Engineer's or Surveyor's Statement; City Engineer's Statement of Approval; City Clerks Certificate of Approval by City Council and Acceptance of Offer of Dedication; and Such other affidavits, certificates, acknowledgments, endorsements, and notarial seals as required. rev. 8/26/96 6 9. Determine that map is in conformance with provisions of Land Surveyor's Act, the Subdivision Map Act and any and all discretionary approvals and the conditions thereto applied by the appropriate City body. IO. Provide the City with a completed checklist and a written certification that the map is complete and technically correct and is in conformance with applicable City Codes, Standards, and written policies; that it is consistent with any improvement plans, grading plans, and any other adjacent improvement documents furnished by the City. 11. Provide, upon request, technical information for letters, agreements, securities, easement documents, and agenda bills. Submit all plancheck related documents to the City for the project file. D. OTHER PLANCHECKING SERVICES Contractor may occasionally be requested to perform planchecking services for projects other than improvements or grading plans or final maps. The work may include plancheck of Adjustment Plats, Certificates of Compliance, Reversion to Acreage, or other projects. E. OTHER SERVICES Contractor may occasionally be requested to perform other engineering services including studies, reports, cost estimates, etc. A specific scope of work will be prepared by City for such work which will be done by Contractor for an agreed upon not-to-exceed fee unless otherwise agreed to in writing and approved by the City Engineer. rev. 8/26/96 7 . 2. - A. Upon initial receipt of a request for plancheck, the City shall perform a preliminary review of the plans to ensure that complete plan packages per the applicable City submittal checklist are submitted before forwarding them to the Contractor. B. Prior or concurrent with forwarding of the plans to the Contractor, City staff shall route to each affected department or agency, a complete set of plans and include the following as a minimum: copy of conforming tentative map or other ’ discretionary approval, copies of all applicable resolutions showing the conditions of approval, cost estimate, associated studies, corrected plans and previous checkprints (during resubmittal). Upon receipt of comments from affected departments or agency, City staff shall transmit the comments to the Contractor. C. City shall provide the Contractor with the following documents: 1. A copy of “Title 20: Subdivisions” and “Title 15.16: Grading and Erosion Control” of the Carlsbad Municipal Code, and all revisions as they are adopted. 2. A copy of the latest edition of “Standards for Design and Construction of Public Works Improvements in the City of . Carlsbad.” 3. A copy of any other written policies, standards, or criteria adopted or used by City. D. In addition to prints of the plans to be checked, the City will furnish to the Contractor the following: rev. 8/26/96 8 1. A print of the grading plan, improvement plan, and proposed final map of the project, if applicable. 2. A print of any adjacent improvement plans. 3. A copy of the conforming tentative map and tentative map conditions and/or any other discretionary approval applicable. E. Collect the necessary fees, securities and deposits required for the project from the applicant. F. Provide Contractor with access, use of City project files, data printouts, and conference rooms as appropriate. G. Nothing in this agreement shall be construed to obligate City to provide any work to the Contractor. City reserves the right, at its sole discretion, to assign plans for checking to Contractor, to perform planchecks with its own forces, or to assign plans for checking to another consulting firm. 3. PRoGRFss AND COMPLETION Contractor shall complete planchecks according to the following schedule: 1. First plancheck: complete and return tp City within fifteen (15) tice to 2. Second and third planchecks: complete and return to City within (10) workina davs of notice to D-. 3. Mylar: complete and return to City within five (51 workina davs d notice toDJck. rev. 8/26/96 9 Failure to meet the stipulated return times shall result in a 5% reduction in the payments due for that particular plancheck turnaround, resulting in an equal cost reduction in the fee due under Exhibit "A for the total plancheck. [Example: First plancheck turnaround late fee = (TOTAL FEE x 40%) x 95%] penalty would not be recovered at end of plancheck. 4. WFS TO BE PAID TO COMBACTOR The total amount of the fee for planchecking services for each set of plans shall be as shown in Exhibit "A, Schedule of Fees, dated February 1997, except as otherwise provided for in Section 3. During each year, beginning July 1, 1997, should Contractor meet return times on 90% of all plancheck submittals. Contractor shall receive a 5% additional payment calculated on total billings during the fiscal year. Fee shall become payable according to the following schedule: First plancheck completed 40% of total fee Second plancheck completed 25% of total fee Third plancheck corn leted Plan or map approva P a submittal of written certification 20% of total fee of plancheck 15%' of total fee * Actual amount may be adjusted so that 100% of total fee based on ZQQKWXI quantities or cost estimates is paid. Changes in the fee schedule may be submitted by the Contractor to the City Engineer at the time of contract extension as provided in Section 5., DURATION OF CONTRACT. The City Engineer shall review the proposed rates and make a recommendation to the City Manager. The City Manager may grant an increase in the fees, not-to-exceed 5%. by amending the contract at the time of extension. The total to rev. 8/26/96 10 be paid to Contractor under this contract shall not exceed $200,000 per year unless this contract is amended. No other compensation for services will be allowed except for those items covered by supplemental agreements per Paragraph 8, "Changes in Work." 5. - This agreement shall extend for a period of one (1) year from date thereof. The contract may be extended by the City Manager for three (3) additional one (1) year periods or parts thereof, based upon a review of satisfactory performance and the City's needs. The parties shall prepare extensions in writing indicating effective date and length of the extended contract. 6. On the 5th working day of each month, Contractor shall submit hislher invoice for work performed during the prior month. Payment of approved items on the invoice shall be mailed to the Contractor within thirty (30) days after receipt of invoice if received by the above date. 7. - Concurrent with certification and approval of the final plancheck, the Contractor shall deliver to the City the following items: A. Completed checklists for City file. B. Complete City file documents. rev. 8/26/96 11 8. If, in the course of the contract, changes seem merited by the Contractor or the City, and informal consultations with the other party indicate that a change in the conditions of the contract is warranted, the Contractor or the City may request a change in contract. Such changes shall be processed by the City in the following manner: A letter outlining the required changes shall be forwarded to the City by Contractor or Contractor by City to inform them of the proposed changes along with a statement of estimated changes in charges or time schedule. A Standard Amendment to Agreement shall be prepared by the City and approved by the City according to the procedures described in Carlsbad Municipal Code Section 3.28.172. Such Amendment to Agreement shall not render ineffective or invalidate unaffected portions of the agreement. 9. COVFNANTS AGAINST CONTINGFNT FEE3 The Contractor warrants that their firm has not employed or retained any company or person, other than a bona fide employee working for the Contractor, to solicit or secure this agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this agreement. For breach or violation of this warranty, the City shall have the right to annul this agreement without liability, or, in its discretion, rev. 8/26/96 12 to deduct from the agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fees, gift, or contingent fee. IO. NONDISCRIMATION CI AUSE The Contractor shall comply with the state and federal laws regarding nondiscrimination. 11. INATION OF CONTRACT In the event of the Contractor's failure to prosecute, deliver, or perform the work as provided for in this contract, the City Manager may terminate this contract for nonperformance by notifying the Contractor by certified mail of the termination of the Contractor. The Contractor, thereupon, has five (5) working days to deliver said documents owned by the City and all work in progress to the City Engineer. The City Engineer shall make a determination of fact based upon the documents delivered to City of the percentage of work which the Contractor has performed which is usable and of worth to the City in having the contract completed. Based upon that finding as reported to the City Manager, the Manager shall determine the final payment of the contract. This agreement may be terminated by either party upon tendering thirty (30) days written notice to the other party. In the event of such suspension or termination, upon request of the City, the Contractor shall assemble the work product and put same in order for proper filing and closing and deliver said product to City. In the event of termination, the Contractor shall be paid for work performed to the termination date; rev. 8/26/96 13 however, the total shall not exceed the lump sum fee payable under Paragraph 4. The City Manager shall make the final determination as to the portions of tasks completed and the compensation to be made. 12. DISPUTFS If a dispute should arise regarding the performance of work under this agreement, the following procedure shall be used to resolve any question of fact or interpretation not otherwise settled by agreement between parties. Such questions, if they become identified as a part of a dispute among persons operating under the provisions of this contract, shall be reduced to writing by the principal of the Contractor or the City Engineer. A copy of such documented dispute shall be forwarded to both parties involved along with recommended methods of resolution which would be of benefit to both parties. The City Engineer or principal receiving the letter shall reply to the letter along with a recommended method of resolution within ten (10) days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the dispute shall be forwarded to the City Council for their resolution through the Office of the City Manager. The City Council may then opt to consider the directed solution to the problem. In such cases, the action of the City Council shall be binding upon the parties involved, although nothing in this procedure shall prohibit the parties seeking remedies available to them at law. rev. 8/26/96 14 13. CI AIMS AND I AWSUITS The Contractor agrees that any contract claim submitted to the City must be asserted as part of the contract process as set forth in this agreement and not in anticipation of litigation or in conjunction with litigation. The Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud and the Contractor may be subject to criminal prosecution. The Contractor acknowledges that California Government Code sections 12650 et sea.. the False Claims Act, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If the City of Carlsbad seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. The Contractor acknowledges that the filing of a false claim may subject the Contractor to an administrative debarment proceeding wherein the Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five years. The Contractor acknowledges debarment by another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor from the selection process. &(Initial) The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference. rev. 8/26/96 15 I? " * 14. SUSPFNSION OR TFRMINATION OF SERVICFS This agreement may be terminated by either party upon tendering thirty (30) days written notice to the other party. In the event of such suspension or termination, upon request of the City, the Contractor shall assemble the work product and put same in order to proper filing and closing and deliver said product to City. In the event of termination, the Contractor shall be paid for work performed to the termination date; however, the total shall not exceed the lump sum fee payable under Paragraph 4. The City shall make the final determination as to the portions of tasks completed and the compensation to be made. 15. STATUS OF THF CONTRACTOR The Contractor shall perform the services provided for herein in Contractor's own way as an independent Contractor and in pursuit of Contractor's independent calling, and not as an employee of the City. Contractor shall be under control of the City only as to the result to be accomplished, but shall consult with the City as provided for in the request for proposal. The persons used by the Contractor to provide services und,er this agreement shall not be considered employees of the City for any purposes whatsoever. The Contractor is an independent contractor of the City. The payment made to the Contractor pursuant to the contract shall be the full and complete compensation to which the Contractor is entitled. The City shall not make any federal or state tax withholdings on behalf of the Contractor or hidher employees or subcontractors. The City shall not be required to pay any workers' compensation insurance or rev. 8/26/96 16 unemployment contributions on behalf of the Contractor or hislher employees or subcontractors. The Contractor agrees to indemnify the City within 30 days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which the City may be required to make on behalf of the Contractor or any employee or subcontractor of the Contractor for work done under this agreement or such indemnification amount may be deducted by the City from any balance owing to the Contractor. The Contractor shall be aware of the requirements of the Immigration Reform and Control Act of 1986 and shall comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and Contractors that are included in this agreement. 16. The Contractor shall cause all drawings and specifications to conform to all applicable requirements of law: federal, state and local. Contractor shall provide all necessary supporting documents, to be filed with any agencies whose approval is necessary. The City will provide copies of the approved plans to any other agencies. 17. QWE~!.!J All plans, studies, sketches, drawings, reports, and specifications as herein required are the property of the City, whether the work for which they are made be executed or not. In the event this contract is terminated, all documents, plans, rev. 8126196 17 specifications, drawings, reports, and studies shall be delivered forthwith to the City. Contractor shall have the right to make one (1) copy of the plans for hislher records. 18. R- The Contractor agrees that all copyrights which arise from creation of the work pursuant to this contract shall be vested in City and hereby agrees to relinquish all claims to such copyrights in favor of City. 19. HOI D HARM1 FSS AGRFFMFN'C Contractor agrees to indemnify and hold harmless the City of Carlsbad and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorney fees arising out of the performance of the work described herein caused in whole or in part by any willful misconduct or negligent act or omission of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, except where caused by the active negligence, sole negligence, or willful misconduct of the City of Carlsbad. Contractor shall at its own expense, upon written request by the City, defend any such suit or action brought against the City, its officers, officials, employees and volunteers. Contractor's indemnification of City shall not be limited by any prior or subsequent declaration by the contractor. 20. p The Contractor shall not assign this contract or any part thereof or any monies due thereunder without the prior written consent of the City. rev. 8/26/96 18 2 21. SUBCONTRACTlNG If the Contractor shall subcontract any of the work to be performed under this contract by the Contractor, Contractor shall be fully responsible to the City for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this contract shall create any contractual relationship between any subcontractor of Contractor and the City. The Contractor shall bind every subcontractor and every subcontractor of a subcontractor by the terms of this contract applicable to Contractor's work unless specifically noted to the contrary in the subcontract in question approved in writing by the City. 22. No official of the City who is authorized in such capacity on behalf of the City to negotiate, make, accept, or approve, or take part in negotiating, making, accepting, or approving of this agreement, shall become directly or indirectly interested personally in this contract or in any part thereof. No officer or employee of the City who is authorized in such capacity and on behalf of the City to exercise any executive, supervisory, or similar functions in connection with the performance of this contract shall become directly or indirectly interested personally in this contract or any part thereof. rev. 8/26/96 19 23. No verbal agreement or conversation with any officer, agent, or employee of the City, either before, during or after the execution of this contract, shall affect or modify any of the terms or obligations herein contained nor entitle the Contractor to any additional payment whatsoever under the terms of this contract. 24. Subject to the provisions of Paragraph 19, "Hold Harmless Agreement," all terms, conditions, and provisions hereof shall inure to and shall bind each of the parties hereto, and each of their respective heirs, executors, administrators, successors, and assigns. 25. .- This agreement shall be effective on and from the day and year first written above. 26. CONFLICT OF INTFRFST The Contractor shall file a conflict of interest statement with the City Clerk in accordance with the requirements of the City's conflict of interest code incorporating Fair Political Practices Commission Regulation 18700 as it defines A Contractor. The disclosure category shall be categories 1.3 and 4. 27. JNSUIWSE The Contractor shall obtain and maintain for the duration of the contract and any and all amendments insurance against claims for injuries to persons or damage to rev. 8/26/96 20 7? property which may arise out of or in connection with performance of the work hereunder by the Contractor, his agents, representatives, employees or subcontractors. Said insurance shall be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A-:V" and shall meet the City's policy for insurance as stated in Resolution No. 91403. A. Coverages and I Imlts. .. Contractor shall maintain the types of coverages and minimum limits indicated herein, unless a lower amount is approved by the City Attorney or City Manager: 1. Comprehensive General Liability Insurance. $1,000,000 combined single-limit per occurrence for bodily injury, personal injury and property damage. If the submitted policies contain aggregate limits, general aggregate limits shall apply separately to the work under this contract or the general aggregate shall be twice the required per occurrence limit. 2. Automobile Liability (if the use of an automobile is involved for Contractor's work for the City). $1,000,000 combined single-limit per accident for bodily injury and property damage. 3. Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the Labor Code of the State of California and Employer's Liability limits of $1,000,000 per accident for bodily injury. rev. 8/26/96 21 4. Professional Liability. Errors and omissions liability appropriate to the contractor's profession with limits of not less than $1,000,000 per claim. Coverage shall be maintained for a period of five years following the date of completion of the work. B. I Pronslons. .. Contractor shall ensure that the policies of insurance required under this agreement contain, or are endorsed to contain, the following provisions. 1. The City shall be named as an additional insured on all policies excluding Workers' Compensation and Professional Liability. 2. The Contractor shall furnish certificates of insurance to the City before commencement of work. 3. The Contractor shall obtain occurrence coverage. excluding Professional Liability which shall be written as claims-made coverage. 4. This insurance shall be in force during the life of the agreement and any extension thereof and shall not be canceled without 30 days prior written notice to the City sent by certified mail. 5. If the Contractor fails to maintain any of the insurance coverages required herein, then the City will have the option to declare the Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order that the required coverages may be maintained. The Contractor is responsible for any payments made by the City to obtain or maintain such insurance rev. 8/26/96 22 and the City may collect the same from the Contractor or deduct the amount paid from any sums due the Contractor under this agreement. 28. RESPONSlsLE PARTFS The name of the persons who are authorized to give written notices or to receive written notice on behalf of the City and on behalf of the Contractor in connection with the foregoing are as follows: For City: Title City Engineer Name Lloyd 8. Hubbs Address 2075 Las Palmas Drive Carlsbad. CA 92009 For Contractor: Title Senior Vice Fmsident Name Byron G. Tobey, Jr. Address Be- & Henigar, 11590 W. &mardo Ct. San Diego, CA 92127-1616 ArchitectlLicense Number: RCE 835567 ArchitectlLicense Number. 29. WSINFSS I ICFNSE Contractor shall obtain and maintain a City of Carlsbad Business License for the duration of the contract. 30. F-MENT This agreement, together with any other written document referred to or contemplated herein, embody the entire 'agreement and understanding between the parties relating'to the subject matter hereof. Neither this agreement nor any provision hereof may be amended, modified, w&ed or discharged except by an instrument in 6 rev. 8/26/96 23 writing executed by the party against which enforcement of such amendment, waiver or discharge is sought. Executed by Contractor this 10th day of March ,1997. CONTRACTOR: CITY OF CARLSBAD, a municipal BERRYMAN & HENIGAR By: (slgn her& Byron G. mbey, Jr., Sr. Vice Pres. (print nameltitle) ATTEST: Mary J. Berryman, Secretary/ (print name/title) br. vice pres. City Clerk (Proper notarial acknowledgment of execution by Contractor must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that offlder to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL City mey rev. 8/26/96 24 .- EXHIBIT “A” SCHEDULE OF FEES BERRYMAN & HENIGAR For Plancheck of: IMPROVEMENT PLANS Estimated Cost of ImDrovements Contractor Fee up to $20,000 $20,001 to $50,000 $100,001 to $250,000 $50,001 to $100,000 $250,001 to $500.001 to $1 .ooo.ooo $500,000 $1,000,001 and above GRADING PLANS Amount 101 Cubic Yards or Less 101 to 1,000 Cubic Yards 1,001 to 10,000 Cubic Yards 10,001 to 100,000 Cubic Yards 100,001 to 200,000 Cubic Yards 200,001 Cubic Yards or More 5.0% $200 minimum 4.0% $1,000 minimum 3.0% $2,000 minimum 2.5% $3,000 minimum 2.0% $6,250 minimum .75% $15,000 minimum 1.5% $10,000 minimum - Fee $1 00 $400 $1,000 $1,600 $2,400 $3,000 for the first 100 cubic yards plus $60 for each additional thereof. 100 cubic yards or fraction for the first 1,000 cubic yards plus $60 for each additional 1,000 cubic yards or fraction thereof. for the first 10,000 cubic yards plus $60 for each additional 10,000 cubic yards or fraction thereof. for the first 100.000 cubic yards plus $60 for each additional 10.000 cubic yards or fraction thereof. for the first 200,000 cubic yards plus $60 for each additional 100,000 cubic yards or fraction thereof. 25 Rev. March 1997 . EXHIBIT “A” (Continued) Parcel Map Final Map Adjustment Plat Certificate of Correction Dedication of Easement Street Vacation (Summary) Street Vacation Quitclaim of Easement Construction Change Certificate of Compliance (in lieu of parcel map) Certificate of Compliance Parcel Contractor Fee $2,000 plus $5/acre $1,250 $300 $200 $200 $400 $400 $200 $150 Der plan sheet $1,250 $200 Rev. March 1997 26 - I CALIFORNIA ALL-PURPL ,E ACKNOWLEDGMENT personally appeared ~VL~IO (r. Tbsrv 5c. 4 Mwv 5. =rne.rd =personally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the penw whose namuis//e subscribed to the within instrument and acknowledged to me that he/she/tt executed the same in his/hemr authorized capacitvnes), and that by hidhemsignamon the instrument the pea. or the entity upon behalf of which the perm acted, executed the instrument. WITNESS my hand and official seal. Name((11 of Slpnsr(s) OPTIONAL Though the information below is not required by law h may pmva valuable to persons relying on the document and could prevent fraudulent removal and reanachment of Mis form to anoMer document. Description of Attached Document Title or Type of Document Document Date: 3- &- 7 Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) - Signer's Name: Individual 0 Corporate Officer Title(s): 0 Partner - 0 Limited 0 General 0 Attomev-in-Fact 0 Trustee 0 Guardian or Conservator 0 Other: Signer Is Representing: Signer's Name: 0 Individual 0 Corporate Officer Title(s): 0 Partner - 0 Limited 0 General 0 Attornev-in-Fact 0 Trustee. 0 Guardian or Conservator 0 Other: Signer Is Representing: I I AGREEMENT FOR ENGINEERING PLANCHECKING SERVICES THIS AGREEMENT, made and entered into as of the 4th day of APRIL 1997, by and between the CITY OF CARLSBAD, a municipal corporation, hereinafter referred to as "City", and ELLORIN CONSULTING ENGINEERS, hereinafter referred to as "contractor". RECITALS City requires the services of an engineering Contractor to provide the necessary services for plancheck of improvement plans, grading and erosion control plans, final maps, parcel maps and other services that may be required; and Contractor possesses the necessary skills and qualifications to provide the setvices required by the City; NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: I. CONTRACTOR'S OBLIGATIONS The Contractor shall provide qualified professional engineering plancheck services and all facilities, equipment, and standard engineering reference materials necessary to perform as required herein. A. CHECKING IMPROVEMENT PLANS: Contractor shall perform the following work for each project: 1. Examine plans, tour the site in the field, and become familiar with general concepts as proposed by the project applicant for access, drainage, sewer and water facilities to the site. 1 rev. 8/26/96 2. 3. 4. 5. 6. 7. 8. 9. IO. 11. Determine if the plans are in conformance with the applicable conditions of approval and the approved tentative map. Check hydrology and hydraulic calculations, and the design of the storm drain system in conformance with the City standards. Determine any diversions, concentrations or increases in drainage flow, and any potential for damage to off-site property resulting from such drainage. Determine requirements for off-site easements and whether they have been obtained. Determine any encroachments on adjacent property. Check adequacy and availability of sewer and water service and the respective pipe sizing when requested. Coordinate with sewer and water agencies to ensure plan consistency. Check stopping sight distance, horizontal radius, and vertical curves on streets. Coordinate sight distance requirements with landscape plans. Determine that the plans, as submitted, are in conformance with the Carlsbad Municipal Code, the City of Carlsbad Standards, and other applicable standards used by the City. Determine that the striping, signing, traffic signals, and all other traffic control equipment are shown on the plan in conformance with the Carlsbad Municipal Code, City of Carlsbad Standards, and other applicable .codes and standards used by the City and in coordination with the City Traffic Engineer. Determine that traffic control, detour, phasing, and all other sequence plans are shown on the plan in conformance with the Carlsbad Municipal Code, City of Carlsbad Standards, and other applicable codes and standards used by the City. rev. 8/26/96 2 12. Determine that the improvement plans are in conformance with the approved grading plan and final map. if applicable to the project. A copy of the grading plan and final map will be furnished with the improvement plans. The City may elect to check the grading plan and final map or include these planchecks within the Contractor’s responsibilities. 13. Determine the accuracy of the quantity calculations, the list of quantities and the engineer‘s cost estimate. 14. Provide the City with a completed checklist and written certification that the plans are complete and accurate, and are in conformance with applicable City Codes, Standards, discretionary approvals and written policies, that they are consistent with any grading plans, final map and any other adjacent improvement documents filed at the City. 15. Provide, upon request, technical information for letters, agreements, securities, easement documents and agenda bills with appropriate transmittal information. Submit all plancheck related documents to the City for the project file. 6. CHECKING GRADING AND EROSION CONTROL PLANS: Contractor shall perform the following: 1. Examine plans, tour the site in the field, become familiar with the general concept as proposed by the project applicant. 2. Determine if the plans are in conformance with the applicable conditions of approval and the approved tentative map. 3. Determine if the general format for the plan is in conformance with City of Carkbad requirements. 4. Compare the grading plan with the recommendations in the soils report provided and check that the specifications and details in the soils report are included in the plans. Make recommendation on necessity for additional soils review and review any such additional soils reports that are submitted. rev. 8/26/96 3 5. 6. 7. 8. Compare the grading plan with the grading shown on any and all discretionary approvals and the conditions thereto applied by the appropriate City body. Compare the grading plan with the improvement plans for the project. Compare the grading plan with the approved environmental information. Check for the following technical items: a. b. C. d. e. f. 9. h. I. j. k. I. m. Set back from property line; Identification of property and easement lines: Amounts noted for excavation, fill, and import or export (cubic yards); Cut slope and fill slope ratios; Existing contours; Final grades shown by contours or spot elevations; Location of cut and placement or till (daylight and limit lines shown on the plan); Typical lot drainage; Typical berm or swale at the top of the fill; Typical brow ditch: Terrace drains: Percent of grade of streets and driveway, length of vertical curves: and Horizontal and vertical site distance; cross check this with improvement plans. rev. 8/26/96 4 9. 10. 11. 12. 13. 14. 15. n. Such other items that are contained in City Ordinances, Standards, policies and resolutions that apply. 0. Good engineering practice. Check hydrology and hydraulic calculations, and the design of the drainage system for conformance with City Standards. Determine any diuersion, concentrations or increases in drainage flow, and any potential for damage to off-site property resulting from such drainage. Check for adequate capacity 'of brow ditches and down drains. Check for non-erosive velocities at point of discharge or adequate energy dissipation. Review erosion control measures and check for conformance with applicable codes. Check landscape plans for conformance to the grading plans and for conformance with intersection sight corridors and comer cut- offs. Provide the City with a completed checklist and a written certification that the plans are complete and technically correct, and are in conformance with applicable City Codes, Standards, and written policies, that they are consistent with any improvement plans, final map, and other adjacent improvement documents furnished by the City. Provide, upon request, technical information for letters, agreements, securities, easement documents and agenda bill with appropriate transmittal information. Submit all plancheck related documents to the City for the project file. C. CHECKING FINAL MAPS AND PARCEL MAPS Contractor shall perform the following: 1. Determine that the map is in conformance with applicable conditions of approval and the approved tentative map. rev. 8/26/96 5 L 2. Check that the format is in compliance with the City of Carlsbad requirements. 3. Check Title Report and Subdivision Guarantee, and verify that all easements are noted on the map, the legal description conforms with the map. and all parties required to sign the map have done so. 4. Check traverse closure for lots, blocks, boundaries and easements for acceptable closure. 5. Check all easements to which the lots are subject, including use and reference if already of record. 6. Check legal descriptions and plats for any off-site easements; check ownership against title reports, and prepare deed in conformance with City format. 7. Determine that the title sheet and/or Procedure of Survey sheet includes basis of bearings, number of lots, acreage of the subdivision, soils report note, and monumentation notes. 8. Determine that the following certificates and acknowledgments appear on the title sheet: a. Owner's Certificate signed and acknowledged by all parties having record title interests, including dedications and offers of dedications: b. Engineer's or Surveyor's Statement; c. City Engineer's Statement of Approval; d. City Clerk's Certificate of Approval by City Council and Acceptance of Offer of Dedication; and e. Such other affidavits, certificates. acknowledgments, endorsements, and notarial seals as required. rev. 8/26/96 6 L 9. Determine that map is in conformance with provisions of Land Surveyor's Act, the Subdivision Map Act and any and all discretionary approvals and the conditions thereto applied by the appropriate City body. 10. Provide the City with a completed checklist and a written certification that the map is complete and technically correct and is in conformance with applicable City Codes, Standards, and written policies; that it is consistent with any improvement plans, grading plans, and any other adjacent improvement documents furnished by the City. 11. Provide, upon request, technical information for letters, agreements, securities, easement documents, and agenda bills. Submit all plancheck related documents to the City for the project file. D. OTHER PLANCHECKING SERVICES Contractor may occasionally be requested to perform planchecking services for projects other than improvements or grading plans or final maps. The work may include plancheck of Adjustment Plats, Certificates of Compliance, Reversion to Acreage, or other projects. E. OTHER SERVICES Contractor may occasionally be requested to perform other engineering services including studies, reports, cost estimates, etc. A specific scope of work will be prepared by City for such work which will be done by Contractor for an agreed upon not-to-exceed fee unless othemise agreed to in writing and approved by the City Engineer. rev. 8/26/96 7 2. A. Upon initial receipt of a request for plancheck, the City shall perform a preliminary review of the plans to ensure that complete pian packages per the applicable City submittal checklist are submitted before forwarding them to the Contractor. B. Prior or concurrent with forwarding of the plans to the Contractor, City staff shall route to each affected department or agency, a complete set of plans and include the following as a minimum: copy of conforming tentative map or other discretionary approval, copies of all applicable resolutions showing the conditions of approval, cost estimate, associated studies, corrected plans and previous checkprints (during resubmittal). Upon receipt of comments from affected departments or agency, City staff shall transmit the comments to the Contractor. C. City shall provide the Contractor with the following documents: 1. A copy of “Title 20: Subdivisions” and “Title 15.16: Grading and Erosion Control” of the Carlsbad Municipal Code, and all revisions as they are adopted. 2. A copy of the latest edition of “Standards for Design and Construction of Public Works Improvements in the City of Carlsbad.” 3. A copy of any other written policies, standards, or criteria adopted or used by City. D. In addition to prints of the plans to be checked, the City will furnish to the Contractor the following: rev. 8/26/96 8 1. A print of the grading plan, improvement plan, and proposed final map of the project, if applicable. 2. A print of any adjacent improvement plans. 3. A copy of the conforming tentative map and tentative map conditions and/or any other discretionary approval applicable. E. Collect the necessary fees, securities and deposits required for the project from the applicant. F. Provide Contractor with access, use of City project files, data printouts, and conference rooms as appropriate. G. Nothing in this agreement shall be construed to obligate City to provide any work to the Contractor. City reserves the right, at its sole discretion, to assign plans for checking to Contractor, to perform planchecks with its own forces, or to assign plans for checking to another consulting firm. 3. Contractor shall complete planchecks according to the following schedule: 1. First plancheck: complete and return to City within f&k) 2. Second and third planchecks: complete and return to City within ten I1 O! wm davs Qfaotice to piU. 3. Mylar: complete and return to City within five (5) wm davs of mtice to Dick clp. rev. 8/26/96 9 Failure to meet the stipulated return times shall result in a 5% reduction in the payments due for that particular plancheck turnaround, resulting in an equal cost reduction in the fee due under Exhibit “A for the total plancheck. [Example: First plancheck turnaround late fee = (TOTAL FEE x 40%) x 95%] penalty would not be recovered at end of plancheck. 4. E!FS TO BF PAID TO CONTRACTOR The total amount of the fee for planchecking services for each set of plans shall be as shown in Exhibit “A”, adule of Fees. dated February 1997, except as otherwise provided for in Section 3. During each year, beginning July 1, 1997, should Contractor meet return times on 90% of all plancheck submittals, Contractor shall receive a 5% additional payment calculated on total billings during the fiscal year. Fee shall become payable according to the following schedule: First plancheck completed 40% of total fee Second plancheck completed 25% of total fee Third plancheck corn leted 20% of total fee Plan or map approva submittal of written certification of plancheck 15%* of total fee Actual amount may be adjusted so that 100% of total fee based on P quantities or cost estimates is paid. Changes in the fee schedule may be submitted by the Contractor to the City Engineer at the time of contract extension as provided in Section 5., DURATION OF CONTRACT. The City Engineer shall review the proposed rates and make a recommendation to the City Manager. The City Manager may grant an increase in the fees, not-to-exceed 5%, by amending the contract at the time of extension. The total to rev. 8/26/96 10 be paid to Contractor under this contract shall not exceed $200.000 per year unless this contract is amended. No other compensation for services will be allowed except for those items covered by supplemental agreements per Paragraph 8, "Changes in Work." 5. P This agreement shall extend for a period of one (1) year from date thereof. The contract may be extended by the City Manager for three (3) additional one (1) year periods or parts thereof, based upon a review of satisfactory performance and the City's needs. The parties shall prepare extensions in writing indicating effective date and length of the extended contract. 6. On the 5* working day of each month, Contractor shall submit hislher invoice for work performed during the prior month. Payment of approved items on the invoice shall be mailed to the Contractor within thirty (30) days after receipt of invoice if received by the above date. 7. - Concurrent with certification and approval of the final plancheck. the Contractor shall deliver to the City the following items: A. Completed checklists for City file. B. Complete City file documents. rev. 8/26/96 11 8. If, in the course of the contract, changes seem merited by the Contractor or the City, and informal consultations with the other party indicate that a change in the conditions of the contract is warranted, the Contractor or the City may request a change in contract. Such changes shall be processed by the City in the following manner: A letter outlining the required changes shall be forwarded to the City by Contractor or Contractor by City to inform them of the proposed changes along with a statement of estimated changes in charges or time schedule. A Standard Amendment to Agreement shall be prepared by the City and approved by the City according to the procedures described in Carlsbad Municipal Code Section 3.28.172. Such Amendment to Agreement shall not render ineffective or invalidate unaffected portions of the agreement. 9. COVFNANTS AGAINST CONTINGENT FEES The Contractor warrants that their firm has not employed or retained any company or person, other than a bona tide employee working for the Contractor, to solicit or secure this agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this agreement. For breach or violation of this warranty, the City shall have the right to annul this agreement without liability, or, in its discretion, rev. 8/26/96 12 to deduct from the agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fees, gift, or contingent fee. IO. NONDISCRIMINATION€ The Contractor shall comply with the state and federal laws regarding nondiscrimination. 11. F- In the event of the Contractor's failure to prosecute, deliver, or perform the work as provided for in this contract, the City Manager may terminate this contract for nonperformance by notifying the Contractor by certified mail of the termination of the Contractor. The Contractor, thereupon, has five (5) working days to deliver said documents owned by the City and all work in progress to the City Engineer. The City Engineer shall make a determination of fact based upon the documents delivered to City of the percentage of work which the Contractor has performed which is usable and of worth to the City in having the contract completed. Based upon that finding as reported to the City Manager, the Manager shall determine the final payment of the contract. This agreement may be terminated by either party upon tendering thirty (30) days written notice to the other party. In the event of such suspension or termination, upon request of the City, the Contractor shall assemble the work product and put same in order for proper filing and closing and deliver said product to City. In the event of termination, the Contractor shall be paid for work performed to the termination date; rev. 8/26/96 13 43 however, the total shall not exceed the lump sum fee payable under Paragraph 4. The City Manager shall make the final determination as to the portions of tasks completed and the compensation to be made. 12. DlSPUTES If a dispute should arise regarding the performance of work under this agreement, the following procedure shall be used to resolve any question of fact or interpretation not otherwise settled by agreement between parties. Such questions, if they become identified as a part of a dispute among persons operating under the provisions of this contract, shall be reduced to writing by the principal of the Contractor or the City Engineer. A copy of such documented dispute shall be forwarded to both parties involved along with recommended methods of resolution which would be of benefit to both parties. The City Engineer or principal receiving the letter shall reply to the letter along with a recommended method of resolution within ten (IO) days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the dispute shall be forwarded to the City Council for their resolution through the Office of the City Manager. The City Council may then opt to consider the directed solution to the problem. In such cases, the action of the City Council shall be binding upon the parties involved, although nothing in this procedure shall prohibit the parties seeking remedies available to them at law. rev. 8/26/96 14 13. CLAlMS AND I AWSUITS The Contractor agrees that any contract claim submitted to the City must be asserted as part of the contract process as set forth in this agreement and not in anticipation of litigation or in conjunction with litigation. The Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud and the Contractor may be subject to criminal prosecution. The Contractor acknowledges that California Government Code sections 12650 &sa&, the False Claims Act, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If the City of Carlsbad seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. The Contractor acknowledges that the filing of a false claim may subject the Contractor to an administrative debarment proceeding wherein the Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five years. The Contractor acknowledges debarment by another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor from the selection process. yfnitial) The provisions of C rlsbad Municipal Code sections 3.32.025, 3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference. , 15 rev. 8/26/96 L15 This agreement may be terminated by either patty upon tendering thirty (30) days written notice to the other party. In the event of such suspension or termination, upon request of the City, the Contractor shall assemble the work product and put same in order to proper filing and closing and deliver said product to City. In the event of termination, the Contractor shall be paid for work performed to the termination date; however, the total shall not exceed the lump sum fee payable under Paragraph 4. The City shall make the final determination as to the portions of tasks completed and the compensation to be made. 15. STATUS OF THF CONTRACTOR The Contractor shall perform the services provided for herein in Contractor's own way as an independent Contractor and in pursuit of Contractor's independent calling, and not as an employee of the City. Contractor shall be under control of the City only as to the result to be accomplished, but shall consult with the City as provided for in the request for proposal. The persons used by the Contractor to provide services under this agreement shall not be considered employees of the City for any purposes whatsoever. The Contractor is an independent contractor of the City. The payment made to the Contractor pursuant to the contract shall be the full and complete compensation to which the Contractor is entitled. The City shall not make any federal or state tax withholdings on behalf of the Contractor or hidher employees or subcontractors. The City shall not be required to pay any workers' compensation insurance or rev. 8/26/96 16 unemployment contributions on behalf of the Contractor or hislher employees or subcontractors. The Contractor agrees to indemnify the City within 30 days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which the City may be required to make on behalf of the Contractor or any employee or subcontractor of the Contractor for work done under this agreement or such indemnification amount may be deducted by ttie City from any balance owing to the Contractor. The Contractor shall be aware of the requirements of the Immigration Reform and Control Act of 1986 and shall comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and Contractors that are included in this agreement. 16. CONFORMITY TO LEGAL RFQUIRFMFNTS The Contractor shall cause all drawings and specifications to conform to all applicable requirements of law: federal, state and local. Contractor shall provide all necessary supporting documents, to be filed with any agencies whose approval is necessary. The City will provide copies of the approved plans to any other agencies. 17. QWNFWP OF DOCWI!XCS All plans, studies, sketches, drawings, reports, and specifications as herein required are the property of the City, whether the work for which they are made be executed or not. In the event this contract is terminated, all documents, plans. rev. 8/26/96 17 specifications, drawings, reports, and studies shall be delivered forthwith to the City. Contractor shall have the right to make one (1) copy of the plans for hislher records. 18. REPRODUCTlONs The Contractor agrees that all copyrights which arise from creation of the work pursuant to this contract shall be vested in City and hereby agrees to relinquish all claims to such copyrights in favor of City. 19. HOI D HARWFSS AGRFFKWI Contractor agrees to indemnify and hold harmless the City of Carlsbad and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorney fees arising out of the performance of the work described herein caused in whole or in part by any willful misconduct or negligent act or omission of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, except where caused by the active negligence, sole negligence, or willful misconduct of the City of Carlsbad. Contractor shall at its own expense, upon written request by the City, defend any such suit or action brought against the City, its officers, officials, employees and volunteers. Contractor's indemnification of City shall not be limited by any prior or subsequent declaration by the Contractor. 20. ASSIGNMENT OF CONTRACT The Contractor shall not assign this contract or any part thereof or any monies due thereunder without the prior written consent of the City. rev. 8/26/96 18 21. SUBCONTRACTING If the Contractor shall subcontract any of the work to be performed under this contract by the Contractor, Contractor shall be fully responsible to the City for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this contract shall create any contractual relationship between any subcontractor of Contractor and the City. The Contractor shall bind every subcontractor and every subcontractor of a subcontractor by the terms of this contract applicable to Contractor's work unless specifically noted to the contrary in the subcontract in question approved in writing by the City. 22. PROHIBITFD INTFRFST No official of the City who is authorized in such capacity on behalf of the City to negotiate, make, accept, or approve, or take part in negotiating, making, accepting, or approving of this agreement, shall become directly or indirectly interested personally in this contract or in any part thereof. No officer or employee of the City who is authorized in such capacity and on behalf of the City to exercise any executive, supervisory, or similar functions in connection with the performance of this contract shall become directly or indirectly interested personally in this contract or any part thereof. rev. 8/26/96 19 23. No verbal agreement or conversation with any officer, agent, or employee of the City, either before, during or after the execution of this contract, shall affect or modify any of the terms or obligations herein contained nor entitle the Contractor to any additional payment whatsoever under the terms of this contract. 24. WJ Subject to the provisions of Paragraph 19, "Hold Harmless Agreement," all terms, conditions, and provisions hereof shall inure to and shall bind each of the parties hereto, and each of their respective heirs, executors, administrators, successors, and assigns. 25. JWXmE This agreement shall be effective on and from the day and year first written above. 26. CONFLICT OF INTFRFST The Contractor shall file a conflict of interest statement with the City Clerk in accordance with the requirements of the City's conflict of interest code incorporating Fair Political Practices Commission Regulation 18700 as it defines A Contractor. The disclosure category shall be categories 1, 3 and 4. 27. INSURANCE The Contractor shall obtain and maintain for the duration of the contract and any and all amendments insurance against claims for injuries to persons or damage to rev. 8/26/96 20 property which may arise out of or in connection with performance of the work hereunder by the Contractor, his agents, representatives, employees or subcontractors. Said insurance shall be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A-:V" and shall meet the City's policy for insurance as stated in Resolution No. 91403. , A. .. s and I mts. Contractor shall maintain the types of coverages and minimum limits indicated herein, unless a lower amount is approved by the City Attorney or City Manager: 1. Comprehensive General Liability Insurance. $1,000,000 combined single-limit per occurrence for bodily injury, personal injury and property damage. If the submitted policies contain aggregate limits, general aggregate limits shall apply separately to the work under this contract or the general aggregate shall be twice the required per occurrence limit. 2. Automobile Liability (if the use of an automobile is involved for Contractor's work for the City). $1,000,000 combined single-limit per accident for bodily injury and property damage. 3. Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the Labor Code of the State of California and Employer's Liability limits of $1,000,000 per accident for bodily injury. rev. 8/26/96 21 4. Professional Liability. Errors and omissions liability appropriate to the contractor’s profession with limits of not less than $1,000,000 per claim. Coverage shall be maintained for a period of five years following the date of completion of the work. B. tonal Provisions. Contractor shall ensure that the policies of insurance required under this agreement contain, or are endorsed to contain, the following provisions. 1. The City shall be named as an additional insured on all policies excluding Workers’ Compensation and Professional Liability. 2. The Contractor shall furnish certificates of insurance to the City before commencement of work. 3. The Contractor shall obtain occurrence coverage, excluding Professional Liability which shall be written as claims-made coverage. 4. This insurance shall be in force during the life of the agreement and any extension thereof and shall not be canceled without 30 days prior written notice to the City sent by certified mail. 5. If the Contractor fails to maintain any of the insurance coverages required herein, then the City will have the option to declare the Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order that the required coverages may be maintained. The Contractor is responsible for any payments made by the City to obtain or maintain such insurance rev. 8/26/96 22 * .' and the City may collect the same from the Contractor or deduct the amount paid from any sums due the Contractor under this agreement. 28. The name of the persons who are authorized to give written notices or to receive written notice on behalf of the City and on behalf of the Contractor in connection with the foregoing are as follows: For City: For Contractor: ArchitecVLicense Number: ArchitecVLicense Number: Title Name Address Title Name Address City Engineer Lloyd B. Hubbs 2075 Las Palmas Drive Carlsbad, CA 92009 %I tJ c lPkL B* ELUkd IoK L/@Dk UISlk DE- #=IO6 skh) wmm. CA w&q 29. BUSINFSS LICFNSE Contractor shall obtain and maintain a City of Carlsbad Business License for the duration of the contract. 30. F-5 This agreement, together with any other written document referred to or contemplated herein, embody the entire agreement and understanding between the parties relating to the subject matter hereof. Neither this agreement nor any provision hereof may be amended, modified, waived or discharged except by an instrument in rev. 8/26/96 23 writing executed by the party against which enforcement of such amendment, waiver or discharge is sought. Executed by Contractor this /a* day of 4Arch ,19w CONTRACTOR: CITY OF CARLSBAD, a municipal ELLORIN CONSULTING . By: )3/& (sign hefe) dl/+-- ALETHA L. RAUTE (print name/title) City Clerk (Proper notarial acknowledgment of execution by Contractor must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach’ a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL City eY BY n“d2.L vtyy%torney rev. 8/26/96 24 up to $50,001 to $20,001 to $100,001 to $250,001 to $500,001 to $1,000.001 $20,000 $50,000 $100,000 $250,000 $500.000 $l;ooo;ooo and above EXHIBIT “A” SCHEDULE OF FEES ELLORIN CONSULTING ENGINEERS For Plancheck of: IMPROVEMENT PLANS Estimated Cost of ImDrovements GRADING PLANS Amount 101 Cubic Yards or Less 101 to 1,000 Cubic Yards 1,001 to 10.000 Cubic Yards 10,001 to 100,000 Cubic Yards 100,001 to 200,000 Cubic Yards 200.001 Cubic Yards or More Contractor Fee 5.0% $200 minimum 4.0% $1,000 minimum 3.0% $2.000 minimum 2.5% $3,000 minimum 2.0% $6,250 minimum 1.5% $10,000 minimum .75% $15,000 minimum - Fee $1 00 $400 $1,000 $1,600 $2,400 $3,000 for the first 100 cubic yards plus $60 for each additional thereof. 100 cubic yards or fraction for the first 1,000 cubic yards plus $60 for each additional thereof. 1.000 cubic yards or fraction for the first 10,000 cubic yards plus $60 for each additional 10,000 cubic yards or fraction thereof. for the first 100,000 cubic yards plus $60 for each additional 10.000 cubic yards or fraction thereof. for the first 200,000 cubic yards plus $60 for each additional 100,000 cubic yards or fraction thereof. Rev. March 1997 25 55 - : EXHIBIT “A” (Continued) Final Map Adjustment Plat Parcel Map Certificate of Correction Dedication of Easement Street Vacation (Summary) Street Vacation Quitclaim of Easement Construction Change Certificate of Compliance Parcel Certificate of Compliance (in lieu of parcel map) Contractor Fee $2.000 plus $5/acre $1,250 $300 $200 $200 $400 $400 $200 $150 per plan sheet $1,250 $200 Rev. March 1997 26 - - personally known to me - OR - rovedma sis of satisfactory evidence to be the personk 7? whose namewswbscribed to the within instrument and acknowledg'ed to me that he/S&Ueyexecuted the same in his-authorized capacimnd that by or the entity upon behalf of which the persomcted, his/twe4b&signaturmn the instrument the perso- executed the instrument. WITNESS my hand and official seal. Though the inlonation below is not required by law, it may prove valuable to persons reiying on the document and could prevent fraudulent removal and reattachment of this lorm to another document. Y, ..V.." Description of Attached Document fi J Document Date: Number of Pages: Signer(s) Other Than Named Above: - Capacity(ies) Claimed by Signer(s) 0. fit, \n 'fj ndividual Title(s): Corporate Officer - - Partner - 3 Limited General - Attorney-in-Fact - Z Trustee - Guardian or Conservator I Other: - I I Signer Is Representing: I I ~ Signer's Name: J Individual 5 Corporate Officer C Partner - 0 Limited 0 General Title(.$: E Attorney-in-Fact c? Trustee Z Guardian or Conservator 3 Other: I I Signer Is Representing: - -