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HomeMy WebLinkAbout1999-06-22; City Council; 15274; Agreements For Planchecking ServicesC-, OF CARLSBAD - AGENDA?ILL 4B# 1% 174 TITLE: A?PROVAL OF AGREEMENTS FOR VITG. 6122199 ENGINEERING PLANCHECKING SERVICES DEPT. ENG RECOMMENDED ACTION: Adopt Resolution No. 99 - 132. approving consultant agreements with Berryman & Henigar, Ellorin Consulting Engineers, Helming Engineers, and John Powell and Associates for engineering planchecking services. ITEM EXPLANATION: In 1993, responding to staff reductions and an increase in development activities, the Engineering Department identified the need to use consultants to provide planchecking services on an as-needed basis. Initially, a contract was prepared with Helming Engineering. In late 1994, the Engineering Department requested proposals from five firms to provide engineering planchecking services. Berryman & Henigar and Ellorin Consulting Engineers were initially selected from that group to provide services to the City. John Powell and Associates was on the initial list and is being recommended to provide these services to the City. The proposed agreement extends these contracts with the following modifications: Section 1: Additional requirements for checking improvement plans, including the additional task of checking water improvement plans. Section 3: Progress and Completion - The new agreement adds contract turnaround times for construction revisions to grading or improvement plans. Each of the firms has performed well in the past and has become familiar with City standards and processes. The learning curve to become an efficient and effective planchecker can be lengthy. Each consultant has demonstrated unique knowledge and competence related to city standards and procedures. The recommended four contracts satisfy the intent of those required for purposals for professional services. This recommendation is based on the demonstrated competence and professional qualifications necessary for the satisfactory performance of these service as required by City of Carlsbad Municipal Code 3.28.150. FISCAL IMPACT: Each contract is a not-to-exceed $200,000 per year for a total of $800,000. 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 be processed through to Council. Sufficient revenues have been appropriated in the Engineer Consultant Services account to cover anticipated costs for this fiscal year. EXHIBITS: 1. Resolution No. 99 -23% approving consultant agreements with Berryman & Henigar, Ellorin Consulting Engineers, Helming Engineers, and John Powell and Associates for engineering planchecking services. 2. Agreement for Engineering Planchecking Services with Berryman & Henigar. 3. Agreement for Engineering Planchecking Services with Ellorin Consulting Engineers. 4. Agreement for Engineering Planchecking Services with Helming Engineering, Inc. 5. Agreement for Engineering Planchecking Services with John Powell and Associates. 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 99-232 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT WITH BERRYMAN & HENIGAR, ELLORIN CONSULTING ENGINEERS, HELMING ENGINEERING AND JOHN POWELL AND ASSOCIATES FOR ENGINEERING PLANCHECKING SERVICES. WHEREAS, the City Council of the City of Carlsbad has reviewed the need for consultant planchecking services on an as-needed basis in order to maintain service levels; and WHEREAS, the City Council has determined that Berryman & Henigar, Ellorin Consulting Engineers, Helming Engineering and John Powell and Associates 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, Ellorin Consulting Engineers, Helming Engineering and John Powell, and Associates for engineering planchecking services, copies identified as Exhibits 2, 3,4, and 5 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 22 June * 1999 by the following vote, to wit: AYES: Council Members Lewis, Nygaard, Finnila, Hall & Kulchin II Al-TEST: KAREN R. KUNDTZ, Assistant City Clerk (SEAL) AGREEMENT FOR ENGINEERING PLANCHECKING SERVICES THIS AGREEMENT is made and entered into as of the 22 day of June , 192, by and between the CITY OF CARLSBAD, a municipal corporation, hereinafter referred to as “City”, and BERRYMAN AND HENIGAR, 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 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: I. Review submittal for completeness. 2. Examine plans, tour the site in the field, and become familiar with general concept as proposed by the project applicant for access, drainage, sewer and water facilities to the site. 3. Determine if the plans are in conformance with the applicable conditions of approval and the approved tentative map. -1 - rev. 2/26/99 4. 5. 6. 7. 8. 9. IO. 11. 12. 13. 14. Determine if the general format for the plan is in conformance with City of Carlsbad requirements. 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 services and the respective pipe sizing when requested. Coordinate with sewer and water agencies to ensure plan consistency. Check sight distances, 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, Carlsbad Municipal Water District Standards, and other applicable standards used by the City. Determine if the plans meet overall technical conformance and adherence to good design practice. Determine that the striping, signing, traffic signals, and all other traffic control equipment are shown on the plans 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 plans in conformance with the Carlsbad Municipal Code, City of Carlsbad Standards, and other applicable codes and standards used by the City. rev. 2/26/99 -2 - 4 15. 16. 17. 18. 19. 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. Determine that street medians, if required, are shown on the plans in conformance with the Carlsbad Municipal Code, City of Carlsbad Standards, City of Carlsbad Landscape Manual, and other applicable codes and standards used by the City. Determine the accuracy of the quantity calculations, the list of quantities and the engineer‘s cost estimate. 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. 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. 2. Review submittals for completeness. Examine plans, tour the site in the field, become familiar with the general concept as proposed by the project applicant. 3. Determine if the plans are in conformance with the applicable conditions of approval and the approved tentative map. 4. Determine if the plans meet overall technical conformance and adherence to good design practice. 5. Determine if the general format for the plan is in conformance with City of Carlsbad requirements. -3 - rev. 2/26/99 6. 7. a. 9. 10. 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. 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. i- 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 of 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. -4- rev. 2/26/99 11. 12. 13. 14. 15. 16. 17. 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 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 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. 2. Review submittal for completeness. Determine that the map is in conformance with applicable conditions of approval and the approved tentative map. 3. Check that the format is in compliance with the City of Carlsbad requirements. -5 - rev. 2/26/99 4. 5. 6. 7. a. 9. 10. 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 and/or 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. Owner’s Certificate signed and acknowledged by all parties having record title interests, including dedications and offers of dedications; b. C. d. Engineer’s or Surveyor’s Statement; City Engineer’s Statement of Approval; 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. 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. rev. 2/26/99 -6 - D. CHECKING WATER IMPROVEMENT PLANS 11. 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. 12. 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. I. Review- the submittals for completeness. 2. Examine the plans, tour the site in the field (as necessary), and become familiar with the general concepts as proposed by the project applicant for water, sewer, and reclaimed water facilities for the site. 3. Determine that the water improvement plans are in conformance with the CMWD’s check list, the standards for the design and construction of water, sewer, and reclaimed water facilities, and applicable codes. 4. Determine that the plans are in compliance with the conditions of approval, water, sewer and reclaimed water master plans, or other agreements as may apply. 5. Determine requirements for on-site and off-site water and sewer easements and whether they have been obtained/dedicated. 6. Check existing and proposed CMWD easements, to include closure of the traverse, plats and legal descriptions as necessary. Approved plats and legal descriptions are to be transmitted to CMWD with a current title report for further processing. 7. Determine that the water improvement plans are in conformance with the grading plans and final map, if applicable to the project. a. Determine the accuracy of the quantity calculations, the list of quantities and the engineer’s cost estimate. 9. Check the water improvement plans for overall technical conformance and adherence to good design practice. -7 - rev. 2/26/99 10. Review plancheck submittals with CMWD staff to discuss significant review comments and/or unresolved issues. E. 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, dedication/quitclaim of easements, street vacations, or other projects. F. 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. 2. CITY OBLIGATIONS 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 -a - rev. 2/26/99 (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. 2. 3. 4. 5. 6. 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. A copy of the latest edition of the “Standards for Design and Construction of Public Works Improvements in the City of Carlsbad.” A copy of the latest edition of the “Carlsbad Rules & Regulations for Construction of Public Potable Water Mains”. A copy of the latest edition of the “Carlsbad Reclamation Rules & Regulations for Construction of Reclaimed Water Mains”. A copy of the latest edition of the “Carlsbad Standard Sewer System Design Criteria and Standard Drawings & Specifications”. 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: 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. rev. 2/26/99 -9 - 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. PROGRESS AND COMPLETION Contractor shall complete planchecks according to the following schedule: 1. First plancheck: complete and return to City within fifteen (15) workina davs of notice to pick up. 2. Second and third planchecks: complete and return to City within ten (IO) workina davs of notice to Dick up. 3. Mylar: complete and return to City within five (5) workina days of notice to pick UD. 4. Construction revisions to grading or improvement plans: complete and return to City within three (3) workina davs of notice to pick up. 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. FEES TO BE PAID TO CONTRACTOR The total amount of the fee for planchecking services for each set of plans shall be as shown in Exhibit “A”, Schedule of Fees, except as otherwise provided for in Section 3. rev. 2/26/99 -lO- During each year, beginning July 1, 1999, 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 pa able according to the following schedule: First plancheck camp eted Y 40% of total fee Second plancheck completed 25% of total fee Third plancheck corn leted 20% of total fee Plan or map approva P and submittal of written certification of plancheck 15%* of total fee * Actual amount may be adjusted so that 100% of total fee based on aoproved 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 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. DURATION OF CONTRACT 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, rev. 2/26/99 -11 - 6. PAYMENT OF FEES On the 5* working day of each month, Contractor shall submit his/her 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. FINAL SUBMISSIONS 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. a. CHANGES IN WORK 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 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 3.23172. Such Amendment to Agreement shall not render ineffective or invalidate unaffected portions of the agreement. rev. 2/26/99 -12 - 9. COVENANTS AGAINST CONTINGENT FEES 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, 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 CLAUSE The Contractor shall comply with the state and federal laws regarding nondiscrimination. 11. TERMINATION 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 rev. 2/26/99 -13 - 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; 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. CLAIMS AND LAWSUITS 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 seq., 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 -14 - rev. 2/26/99 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. M (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. & itial) 13. JURISDICTION The Contractor agrees and hereby stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this agreement is San Diego County, California. 14. STATUS OF THE 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 its employees or subcontractors. The City rev. 2/26/99 -15 - shall not be required to pay any workers’ compensation insurance or unemployment contributions on behalf of the Contractor or its 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 Consultants that are included in this agreement. 15. CONFORMITY TO LEGAL REQUIREMENTS 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. 16. OWNERSHIP OF DOCUMENTS 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, -16 - rev. 2/26/99 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 its records. 17. REPRODUCTION RIGHTS 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. 18. HOLD HARMLESS AGREEMENT 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 attorneys fees arising out of the performance of the work described herein caused 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. 19. 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. 20. 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 -17- rev. 2/26/99 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. 21. PROHIBITED INTEREST 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. 22. VERBAL AGREEMENT OR CONVERSATION 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. 23. SUCCESSORS OR ASSIGNS Subject to the provisions of Paragraph 17, “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. -18 - rev. 2/26/99 24. EFFECTIVE DATE This agreement shall be effective on and from the day and year first written above. 25. CONFLICT OF INTEREST 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 consultant. The disclosure category shall be categories I,3 and 4. 26. 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 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-Y and shall meet the City’s policy for insurance as stated in Resolution No. 91-403. A. Coveraaes and Limits. 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: rev. 2/26/99 -19 - 1. Comprehensive General Liability Insurance. $1 ,OOO,OOO 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 ,OOO,OOO 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 ,OOO,OOO per accident for bodily injury. 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. Additional 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. rev. 2/26/99 -20 - A 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 and the City may collect the same from the Contractor or deduct the amount paid from any sums due the Contractor under this agreement. 27. RESPONSIBLE PARTIES 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 Name Address For Contractor: Title Name Architect/ License No: Title Name Address Address City Engineer Llovd B. Hubbs 2075 Las Palmas Drive Carlsbad, CA 92009 Senior Vice President Keith Gillfillan PE 30434 Secretary/Senior Vice President Mat-v J. Berrvman Berryman and Henigar 11590 West Bernard0 Court, Suite 100 San Diego, CA 92127 -21 - rev. 2/26/99 A 28. BUSINESS LICENSE Contractor shall obtain and maintain a City of Carlsbad Business License for the duration of the contract. 29. ENTIRE AGREEMENT 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 writing executed by the party against which enforcement of such amendment, waiver or discharge is sought. Executed by Contractor this CONTRACTOR: day of Keith Gillfillan, Sr. Vice President (print name/title) ATTEST: Mary Berryman, secretary/ (print name/title) senior vie president A KAI?EN R. KUNDTZ, Assistant City Clerk (Proper notarial acknowledgment of execution by must be attached. Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant treasurer must sign for corporations. Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL rev. 2/26/99 -22 - EXHIBIT “A” SCHEDULE OF FEES BERRYMAN AND HENIGAR For Plancheck of: IMPROVEMENT PLANS Estimated Cost of Improvements up to $20,000 $20,001 to $50,000 $50,001 to $100,000 $100,001 to $250,000 $250,001 to $500,000 $500,001 to $1 ,ooo,ooo $1,000,001 and above 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 GRADING PLANS Amount 101 Cubic Yards or Less 101 to 1,000 Cubic Yards Fee $100 $400 1,001 to 10,000 Cubic Yards $1,000 10,001 to 100,000 Cubic Yards $1,600 100,001 to 200,000 Cubic Yards 200,001 Cubic Yards or More $2,400 $3,000 for the first 100 cubic yards plus $60 for each additional 100 cubic yards or fraction thereof. 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. 23 Rev. June 1999 EXHIBIT “A” (Continued) Contractor Fee Final Map $2,000 Parcel Map $1,250 Adjustment Plat $450 Certificate of Correction $200 Dedication of Easement $250 Street Vacation (Summary) $400 Street Vacation $400 Quitclaim of Easement $250 Construction Change $200 Certificate of Compliance (in lieu of parcel map) $1,250 Certificate of Compliance Parcel $200 plus $5/acre plus $11 O/sheet Rev. June 1999 24 State of California County of San Diego On June ” lggg before me, Cheryl L Hollenbeck (Date) (Name, Title of Officer)’ personally appeared Keith Gillfillan and Mary Barryman (Name[s] of Signer[s]) ~ personally known to me -OR - (proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) ,Js&~ubscribed to the within instrument and acknowledged to me that Ty> ~_.-- executed the same in l%%a&%&authorized capacit ‘(ies), P and that by s eir signature(s) on the instrument the person(s), or entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal (This area for official notary seal) Title or Type of Document Agreement for Engineering Planchecking Services Date of Document No. of Pages 24 Signer(s) other than named above City Manager or Mayor or City Clerk AGREEMENT FOR ENGINEERING PLANCHECKING SERVICES THIS AGREEMENT is made and entered into as of the 22 day of June 9 192, 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 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. Review submittal for completeness. 2. Examine plans, tour the site in the field, and become familiar with general concept as proposed by the project applicant for access, drainage, sewer and water facilities to the site. 3. Determine if the plans are in conformance with the applicable conditions of approval and the approved tentative map. -1 - rev. 2/26/99 4. 5. 6. 7. 6. 9. 10. 11. 12. 13. 14. Determine if the general format for the plan is in conformance with City of Carlsbad requirements. 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 services and the respective pipe sizing when requested. Coordinate with sewer and water agencies to ensure plan consistency. Check sight distances, 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, Carlsbad Municipal Water District Standards, and other applicable standards used by the City. Determine if the plans meet overall technical conformance and adherence to good design practice. Determine that the striping, signing, traffic signals, and all other traffic control equipment are shown on the plans 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 plans in conformance with the Carisbad Municipal Code, City of Carlsbad Standards, and other applicable codes and standards used by the City. -2 - rev. 2/26/99 B. 15. 16. 17. 18. 19. 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. Determine that street medians, if required, are shown on the plans in conformance with the Carlsbad Municipal Code, City of Carlsbad Standards, City of Carlsbad Landscape Manual, and other applicable codes and standards used by the City. Determine the accuracy of the quantity calculations, the list of quantities and the engineer’s cost estimate. 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. 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. CHECKING GRADING AND EROSION CONTROL PLANS: Contractor shall perform the following: 1. Review submittals for completeness. 2. Examine plans, tour the site in the field, become familiar with the general concept as proposed by the project applicant. 3. Determine if the plans are in conformance with the applicable conditions of approval and the approved tentative map. 4. Determine if the plans meet overall technical conformance and adherence to good design practice. 5. Determine if the general format for the plan is in conformance with City of Carlsbad requirements. rev. 2/26/99 -3 - 6. 7. 8. 9. IO. 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. 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 of 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. -4 - rev. 2/26/99 11. 12. 13. 14. 15. 16. 17. 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 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 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. 2. Review submittal for completeness. Determine that the map is in conformance with applicable conditions of approval and the approved tentative map. 3. Check that the format is in compliance with the City of Carlsbad requirements. rev. 2/26/99 -5 - 4. 5. 6. 7. 8. 9. 10. 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 and/or 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. Owner’s Certificate signed and acknowledged by all parties having record title interests, including dedications and offers of dedications; b. C. d. Engineer’s or Surveyor’s Statement; City Engineer’s Statement of Approval; 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. 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. rev. 2/26/99 -6 - - II. 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. 12. 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. CHECKING WATER IMPROVEMENT PLANS. 1. 2. 3. 4. 5. 6. 7. a. 9. Review the submittals for completeness. Examine the plans, tour the site in the field (as necessary), and become familiar with the general concepts as proposed by the project applicant for water, sewer, and reclaimed water facilities for the site. Determine that the water improvement plans are in conformance with the CMWD’s check list, the standards for the design and construction of water, sewer, and reclaimed water facilities, and applicable codes. Determine that the plans are in compliance with the conditions of approval, water, sewer and reclaimed water master plans, or other agreements as may apply. Determine requirements for on-site and off-site water and sewer easements and whether they have been obtained/dedicated. Check existing and proposed CMWD easements, to include closure of the traverse, plats and legal descriptions as necessary. Approved plats and legal descriptions are to be transmitted to CMWD with a current title report for further processing. Determine that the water improvement plans are in conformance with the grading plans and final map, if applicable to the project. Determine the accuracy of the quantity calculations, the list of quantities and the engineer’s cost estimate. Check the water improvement plans for overall technical conformance and adherence to good design practice. -7 - rev. 2/26/99 IO. Review plancheck submittals with CMWD staff to discuss significant review comments and/or unresolved issues. E. 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, dedication/quitclaim of easements, street vacations, or other projects. F. 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. 2. CITY OBLIGATIONS 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 -8 - rev. 2/26/99 (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. 2. 3. 4. 5. 6. 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. A copy of the latest edition of the “Standards for Design and Construction of Public Works Improvements in the City of Carlsbad.” A copy of the latest edition of the “Carlsbad Rules & Regulations for Construction of Public Potable Water Mains”. A copy of the latest edition of the “Carlsbad Reclamation Rules & Regulations for Construction of Reclaimed Water Mains”. A copy of the latest edition of the “Carlsbad Standard Sewer System Design Criteria and Standard Drawings & Specifications”. 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: 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. -9 - rev. 2/26/99 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. PROGRESS AND COMPLETION Contractor shall complete planchecks according to the following schedule: 1. First plancheck: complete and return to City within fifteen (15) workina davs of notice to pick UD. 2. Second and third planchecks: complete and return to City within ten (IO) workina davs of notice to Dick UD. 3. Mylar: complete and return to City within five (5) workina davs of notice to Dick UD. 4. Construction revisions to grading or improvement plans: complete and return to City within three (3) workins davs of notice to Dick UD. 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. FEES TO BE PAID TO CONTRACTOR The total amount of the fee for planchecking services for each set of plans shall be as shown in Exhibit “A”, Schedule of Fees, except as otherwise provided for in Section 3. -10 - rev. 2/26/99 During each year, beginning July 1, 1999, 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 pa able according to the following schedule: First plancheck camp eted Y 40% of total fee Second plancheck completed 25% of total fee Third plancheck corn Plan or map approva P leted 20% of total fee of plancheck and submittal of written certification 15%* of total fee * Actual amount may be adjusted so that 100% of total fee based on aDDrOVed 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 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. DURATION OF CONTRACT 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. -11 - rev. 2/26/99 6. PAYMENT OF FEES On the 51h working day of each month, Contractor shall submit his/her 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. FINAL SUBMISSIONS 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. 8. CHANGES IN WORK 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 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. -12 - rev. 2/26/99 9. COVENANTS AGAINST CONTINGENT FEES 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, to deduct from the agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fees, gilt, or contingent fee. IO. NONDISCRIMINATION CLAUSE The Contractor shall comply with the state and federal laws regarding nondiscrimination. 11. TERMINATION 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 -13 - rev. 2126199 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; 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. CLAIMS AND LAWSUITS 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 -14 - rev. 2/26/99 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 groundtior 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. 27 and 3.32.028 pertaining to false claims are incorporated herein by reference. d (Initial) 13. JURISDICTION The Contractor agrees and hereby stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this agreement is San Diego County, California. 14. STATUS OF THE 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 its employees or subcontractors. The City -15- rev. 2/26/99 shall not be required to pay any workers’ compensation insurance or unemployment contributions on behalf of the Contractor or its 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 Consultants that are included in this agreement. 15. CONFORMITY TO LEGAL REQUIREMENTS 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. 16. OWNERSHIP OF DOCUMENTS 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, -16- rev. 2/26/99 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 its records. 17. REPRODUCTION RIGHTS 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. 18. HOLD HARMLESS AGREEMENT 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 attorneys fees arising out of the performance of the work described herein caused 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. 19. 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. 20. 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 rev. 2/26/99 -17 - 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. 21. PROHIBITED INTEREST 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. 22. VERBAL AGREEMENT OR CONVERSATION 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. 23. SUCCESSORS OR ASSIGNS Subject to the provisions of Paragraph 17, “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. rev. 2/26/99 -18 - 24. EFFECTIVE DATE . This agreement shall be effective on and from the day and year first written above. 25. CONFLICT OF INTEREST 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 consultant. The disclosure category shall be categories 1, 3 and 4. 26. 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 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-Y and shall meet the City’s policy for insurance as stated in Resolution No. 91-403. A. Coveraoes and Limits. 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: -19 - rev. 2/26/99 1. Comprehensive General Liability Insurance. $1 ,OOO,OOO 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 ,OOO,OOO 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 ,OOO,OOO per accident for bodily injury. 4. Professional Liability. Errors and omissions liability appropriate to the contractor’s profession with limits of not less than $1 ,OOO,OOO per claim. Coverage shall be maintained for a period of five years following the date of completion of the work. B. Additional 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. rev. 2/26/99 -20 - 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 and the City may collect the same from the Contractor or deduct the amount paid from any sums due the Contractor under this agreement. 27. RESPONSIBLE PARTIES 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 B. Hubbs Address 2075 Las Palmas Drive Carlsbad, CA 92009 For Contractor: Title Name Address Principal Ellorin Consulting Engineers 1046 Commerce St. Ste E San Marcos, CA 92069 Architect/License Number: CA RCE 36393 -21 - rev. 2/26/99 28. BUSINESS LICENSE Contractor shall obtain and maintain a City of Carlsbad Business License for the duration of the contract. 29. ENTIRE AGREEMENT 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 writing executed by the party against which enforcement of such amendment, waiver or discharge is sought. Executed by Contractor this ,,?A day of JUM- CONTRACTOR: ATTEST: (sign her&) a+-- (print name/title)’ KAREN R. KUNDTZ, Assistant City Clerk (Proper notarial acknowledgment of execution by must be attached. Chairman, president or vice-president and secretary, assistant secretary, CFO treasurer must sign for corporations. Otherwise, the corporation must attach certified by the secretary or assistant secretary under corporate seal empowering signing to bind the corporation.) or assistant a resolution the officer(s) APPROVED AS TO FORM: RONALD R. BALL rev. 2/26/99 EXHIBIT “A” SCHEDULE OF FEES ELLORIN CONSULTING ENGINEERS For Plancheck of: IMPROVEMENT PLANS Estimated Cost of Improvements up to E’E $20,001 to $50,001 to y&g $100,001 to $250,001 to $500:000 $500,001 to $1 ,ooo,ooo $1,000,001 and above 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 GRADING PLANS Amount 101 Cubic Yards or Less 101 to 1,000 Cubic Yards Fee $100 $400 1,001 to 10,000 Cubic Yards $1,000 10,001 to 100,000 Cubic Yards $1,600 100,001 to 200,000 Cubic Yards 200,001 Cubic Yards or More $2,400 $3,000 for the first 100 cubic yards plus $60 for each additional 100 cubic yards or fraction thereof. 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. 23 Rev. June 1999 EXHIBIT “A” (Continued) Contractor Fee Final Map $2,000 Parcel Map $1,250 Adjustment Plat $450 Certificate of Correction $200 Dedication of Easement $250 Street Vacation (Summary) $400 Street Vacation $400 Quitclaim of Easement $250 Construction Change $200 Certificate of Compliance (in lieu of parcel map) $1,250 Certificate of Compliance Parcel $200 plus $5/acre plus $11 O/sheet 24 Rev. June 1999 State of California County of San Diego 1 On b - 1(-q? before me, s)uE wo $oad- mT&2!f m&\c (Date) (Name, Title of Officer) personally appeared ‘t3ErJ 13 GLbLId (Name[s] of Signer[s]) c personally known to me -OR - (proved to me on the basis of satisfactory evidence) to be the person$ whose name$ are subscribed to the within instrument and acknowledged to me that @she/they executed the same inaer/their authorized capacity(i$), and that by @er/their signature&) on the instrument the person$, or entity upon behalf of which the person@ acted, executed the instrument. WITNESS my hand and official seal CJ Sig ature of Notary L JULIE ANN SHANNON COMM. #I 176126 : NOTARY PUBLIC-CALIFORNIA -i SAN DIE’30 COUNTY My Cmm Expires Msr.31.2002 Q) v (This area for official notary seal) Title or Type of Document Date of Documen Signer(s) other than named above AGREEMENT FOR ENGINEERING PLANCHECKING SERVICES THIS AGREEMENT is made and entered into as of the 22 day of June , 192, by and between the CITY OF CARLSBAD, a municipal corporation, hereinafter referred to as “City”, and HELMING ENGINEERING, INC., 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 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. Review submittal for completeness, 2. Examine plans, tour the site in the field, and become familiar with general concept as proposed by the project applicant for access, drainage, sewer and water facilities to the site. 3. Determine if the plans are in conformance with the applicable conditions of approval and the approved tentative map. -1 - rev. 2/26/99 4. 5. 6. 7. Determine requirements for off-site easements and whether they have been obtained. 8. Determine any encroachments on adjacent property. 9. Check adequacy and availability of sewer and water services and the respective pipe sizing when requested. Coordinate with sewer and water agencies to ensure plan consistency. 10. 11. 12. 13. 14. Determine if the general format for the plan is in conformance with City of Carlsbad requirements. 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. Check sight distances, 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, Carlsbad Municipal Water District Standards, and other applicable standards used by the City. Determine if the plans meet overall technical conformance and adherence to good design practice. Determine that the striping, signing, traffic signals, and all other traffic control equipment are shown on the plans 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 plans in conformance with the Carlsbad Municipal Code, City of Carlsbad Standards, and other applicable codes and standards used by the City. rev. 2126199 -2 - 15. 16. 17. 18. 19. 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. Determine that street medians, if required, are shown on the plans in conformance with the Carlsbad Municipal Code, City of Carlsbad Standards, City of Carlsbad Landscape Manual, and other applicable codes and standards used by the City. Determine the accuracy of the quantity calculations, the list of quantities and the engineer’s cost estimate. 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. 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. 2. Review submittals for completeness. Examine plans, tour the site in the field, become familiar with the general concept as proposed by the project applicant. 3. Determine if the plans are in conformance with the applicable conditions of approval and the approved tentative map. 4, Determine if the plans meet overall technical conformance and adherence to good design practice. 5. Determine if the general format for the plan is in conformance with City of Carlsbad requirements. -3 - rev. 2/26/99 6. 7. 8. 9. 10. 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. 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. i- 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 of 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. 2/26/99 -4 - 11. 12. 13. 14. 15. 16. 17. 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 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 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. 2. Review submittal for completeness. Determine that the map is in conformance with applicable conditions of approval and the approved tentative map. 3. Check that the format is in compliance with the City of Carlsbad requirements. -5 - rev. 2/26/99 - 4. 5. 6. 7. 8. 9. 10. 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 and/or 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. Owner’s Certificate signed and acknowledged by all parties having record title interests, including dedications and offers of dedications; b. C. d. Engineer’s or Surveyor’s Statement; City Engineer’s Statement of Approval; 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. 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 approoriate Citv bodv. -6 - rev. 2126199 11. 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. 12. 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. CHECKING WATER IMPROVEMENT PLANS 1. Review the submittals for completeness. 2. Examine the plans, tour the site in the field (as necessary), and become familiar with the general concepts as proposed by the project applicant for water, sewer, and reclaimed water facilities for the site. 3. Determine that the water improvement plans are in conformance with the CMWD’s check list, the standards for the design and construction of water, sewer, and reclaimed water facilities, and applicable codes. 4. Determine that the plans are in compliance with the conditions of approval, water, sewer and reclaimed water master plans, or other agreements as may apply. 5. Determine requirements for on-site and off-site water and sewer easements and whether they have been obtained/dedicated. 6. Check existing and proposed CMWD easements, to include closure of the traverse, plats and legal descriptions as necessary. Approved plats and legal descriptions are to be transmitted to CMWD with a current title report for further processing. 7. Determine that the water improvement plans are in conformance with the grading plans and final map, if applicable to the project. 8. Determine the accuracy of the quantity calculations, the list of quantities and the engineer’s cost estimate. 9. Check the water improvement plans for overall technical conformance and adherence to good design practice. -7 - rev. 2/26/99 E. 10. Review plancheck submittals with CMWD staff to discuss significant review comments and/or unresolved issues. 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, dedication/quitclaim of easements, street vacations, or other projects. F. 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. 2. CITY OBLIGATIONS 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 -8 - rev. 2126199 (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. 2. 3. 4. 5. 6. 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. A copy of the latest edition of the “Standards for Design and Construction of Public Works Improvements in the City of Carlsbad.” A copy of the latest edition of the “Carlsbad Rules & Regulations for Construction of Public Potable Water Mains”. A copy of the latest edition of the “Carlsbad Reclamation Rules & Regulations for Construction of Reclaimed Water Mains”. A copy of the latest edition of the “Carlsbad Standard Sewer System Design Criteria and Standard Drawings & Specifications”. 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: 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. -9 - rev. 2/26/99 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. PROGRESS AND COMPLETION Contractor shall complete planchecks according to the following schedule: 1. First plancheck: complete and return to City within fifteen (15) workino davs of notice to Dick UD. 2. Second and third planchecks: complete and return to City within ten (I 0) workina davs of notice to Dick UD. 3. Mylar: complete and return to City within five (5) workina davs of notice to pick UD. 4. Construction revisions to grading or improvement plans: complete and return to City within three (3) workino davs of notice to pick UD. 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. FEES TO BE PAID TO CONTRACTOR The total amount of the fee for planchecking services for each set of plans shall be as shown in Exhibit “A,,, Schedule of Fees, except as otherwise provided for in Section 3. -10 - rev. 2/26/99 During each year, beginning July I, 1999, 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 pa able according to the following schedule: First plancheck camp eted Y 40% of total fee Second plancheck completed 25% of total fee Third plancheck corn Plan or map approva P leted 20% of total fee of plancheck and submittal of written certification 15%* of total fee * Actual amount may be adjusted so that 100% of total fee based on aoproved 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 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. DURATION OF CONTRACT 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 (I) 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. -11 - rev. 2/26/99 6. PAYMENT OF FEES On the 5”’ working day of each month, Contractor shall submit his/her 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. FINAL SUBMISSIONS 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. 8. CHANGES IN WORK 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 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. rev. 2/26/99 -12 - 9. COVENANTS AGAINST CONTINGENT FEES 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, 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. 10. NONDISCRIMINATION CLAUSE The Contractor shall comply with the state and federal laws regarding nondiscrimination. 11. TERMINATION 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 rev. 2/26/99 -13 - 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; 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. CLAIMS AND LAWSUITS 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 seq., 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 rev. 2/26/99 -14 - 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. mnitial) 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. i& (Initial) 13. JURISDICTION The Contractor agrees and hereby stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this agreement is San Diego County, California. 14. STATUS OF THE CONTRACTOR The Contractor shall perform the services provided for herein in Contractors 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 its employees or subcontractors. The City rev. 2/26/99 shall not be required to pay any workers’ compensation insurance or unemployment contributions on behalf of the Contractor or its 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 Consultants that are included in this agreement. 15. CONFORMITY TO LEGAL REQUIREMENTS 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. 16. OWNERSHIP OF DOCUMENTS 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. 2/26/99 -16 - 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 its records. 17. REPRODUCTION RIGHTS 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. 18. HOLD HARMLESS AGREEMENT 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 attorneys fees arising out of the performance of the work described herein caused 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. 19. 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. 20. 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 Contractor3 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 -17 - rev. 2/26/99 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. 21. PROHIBITED INTEREST 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. 22. VERBAL AGREEMENT OR CONVERSATION 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. 23. SUCCESSORS OR ASSIGNS Subject to the provisions of Paragraph 17, “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. rev. 2/26/99 -18 - 24. EFFECTIVE DATE This agreement shall be effective on and from the day and year first written above. 25. CONFLICT OF INTEREST 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 consultant. The disclosure category shall be categories 1, 3 and 4. 26. 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 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-Y and shall meet the City’s policy for insurance as stated in Resolution No. 91-403. A. Coveraaes and Limits. 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: -19 - rev. 2/26/99 1. Comprehensive General Liability Insurance. $1 ,OOO,OOO 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 ,OOO,OOO 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 ,OOO,OOO per accident for bodily injury. 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. Additional 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. rev. 2/26/99 -20 - 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 and the City may collect the same from the Contractor or deduct the amount paid from any sums due the Contractor under this agreement. 27. RESPONSIBLE PARTIES 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 Name Address City Engineer Lloyd B. Hubbs 2075 Las Palmas Drive Carlsbad, CA 92009 For Contractor: Title Name Address President Doug Helming 5650 El Camino Real, Suite 200 Carlsbad. CA 92008 Architect/License Number: rev. 2/26/99 -21 - 28. BUSINESS LICENSE Contractor shall obtain duration of the contract. and maintain a City of Carlsbad Business License for the 29. ENTIRE AGREEMENT 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 writing executed by the party against which enforcement of such amendment, waiver or discharge is sought. . 9’ dayof J- Executed by Contractor this ,1999. CONTRACTOR: By: (sign here) (print name/title) ATTEST: / AMHA L-EMRANZ City Clerk v (Proper notarial acknowledgment of execution by KAREN RW ““m”~$%e%%%&8? City ‘lerk Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant treasurer must sign for corporations. Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation.) APPROVED AS TO FORM: rev. 2/26/99 -22 - EXHIBIT “A” SCHEDULE OF FEES HELMING ENGINEERING, INC. For Plancheck of: IMPROVEMENT PLANS Estimated Cost of Improvements up to !%~:~ $20,001 to $50,001 to m&b;; $100,001 to $250,001 to $500:000 $500,001 to $1 ,ooo,ooo $1’000,001 and above 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 GRADING PLANS Amount 101 Cubic Yards or Less 101 to 1,000 Cubic Yards Fee $100 $400 1,001 to 10,000 Cubic Yards $1,000 10,001 to 100,000 Cubic Yards $1,600 100,001 to 200,000 Cubic Yards $2,400 200,001 Cubic Yards or More $3,000 for the first 100 cubic yards plus $60 for each additional 100 cubic yards or fraction thereof. 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. Rev. June 1999 23 EXHIBIT “A” (Continued) Contractor Fee Final Map $2,000 Parcel Map $1,250 Adjustment Plat $450 Certificate of Correction $200 Dedication of Easement $250 Street Vacation (Summary) $400 Street Vacation $400 Quitclaim of Easement $250 Construction Change $200 Certificate of Compliance (in lieu of parcel map) $1,250 Certificate of Compliance Parcel $200 plus @/acre plus $11 O/sheet Rev. June 1999 24 personally appeared Cl personally known to me -OR- whose name(s) Witness my hand and official seal. ISEAU &d 9 ISIGNATURE OF NOTARY) I RIGHT THUMBPRINT ~opthul~ CAPACITY CLAIMED BY SIGNERIS) OINDIVlDUALlSI OCORPORATE _ OFFICERIS) ITmwl OPARTNEFW OLIMITED q GENERAL OAlTORNEY IN FACT OTRlJSTEE(SI OGUARO~AN~~~NSERVATOR q OTHER: SIGNER IS REPRESENTING: (Name of hrmnbl or Entitylied RIGHT THUMBPRINT (Optiond) II CAPACITY CLAIMED BY SIGNERIS) OlN0lvlDUA~is1 OCORPORATE ATTENTION NOTARY OFFICERW The information requested below and in the column to the right is OPTIONAL. lnnfsl Recording of this document is not required by law and is also optional. It could, however, prevent fraudulent attachment of this certificate to any unauthorized document. THIS CERTIFICATE MUST BE AlTACHEO TO THE DOCUMENT DESCRIBED AT RIGHT: SinerId Other Than Named Abow OPARTNER6) OLIMITED OGENERAL OATTORNEY IN FACT OTRUSTEE(SI q GUAROlANlCONSERVATOR Q OOTHER: SIGNER IS REPRESENTING: tNsme of Parsonlr) or Entityhr) WGLCOTTS FORM 03240 Rev. 3-94 lprice chsa %?A) Q 1994 WOLCOTTS CORMS. INC. Au PWOSE ACKNOWLEDGMENT WITII SIGNER CAPAClrYREPRESENTATlON/TWO FINGERPRINTS RESOLUTION OF BOARD OF DIRECTORS OF HELMING ENGINEERING, INC. RESOLVED, that Douglas L. Helming, President of this Corporation be and hereby is authorized and empowered to enter into Contracts and Agreements in the name and in behalf of this Corporation. I, Nancy A. Helming, do hereby certif) that I am the duly elected and qualified Secretary and the keeper of the records and the corporate seal of Helming Engineering, Inc., a corporation organized and existing under the laws of the State of California, and that the above is a true and correct copy of a resolution duly adopted at a meeting of the Board of Directors thereof, convened and held in accordance with the law and the Bylaws of said Corporation on September 19, 1989, and that such resolution is now in till force and effect. IN WITNESS WHEREOF, I have a.tIixed my name as Secretary and caused the corporate seal of said corporation to be afTixed , this 9th day of June, 1999. Nanc$ A Hel~g, Secretary AGREEMENT FOR ENGINEERING PLANCHECKING SERVICES THIS AGREEMENT is made and entered into as of the 22 day of June , 192, by and between the CITY OF CARLSBAD, a municipal corporation, hereinafter referred to as “City”, and JOHN POWELL AND ASSOCIATES, INC., 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 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. Review submittal for completeness. 2. Examine plans, tour the site in the field, and become familiar with general concept as proposed by the project applicant for access, drainage, sewer and water facilities to the site. 3. Determine if the plans are in conformance with the applicable conditions of approval and the approved tentative map. -1 - rev. 2/26/99 4. 5. 6. 7. 8. 9. IO. 11. 12. 13. 14. Determine if the general format for the plan is in conformance with City of Carlsbad requirements. 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 services and the respective pipe sizing when requested. Coordinate with sewer and water agencies to ensure plan consistency. Check sight distances, 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, Carlsbad Municipal Water District Standards, and other applicable standards used by the City. Determine if the plans meet overall technical conformance and adherence to good design practice. Determine that the striping, signing, traffic signals, and all other traffic control equipment are shown on the plans 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 plans in conformance with the Carlsbad Municipal Code, City of Carlsbad Standards, and other applicable codes and standards used by the City. -2 - rev. 2/26/99 15. 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. 16. Determine that street medians, if required, are shown on the plans in conformance with the Carlsbad Municipal Code, City of Carlsbad Standards, City of Carlsbad Landscape Manual, and other applicable codes and standards used by the City. 17. Determine the accuracy of the quantity calculations, the list of quantities and the engineer’s cost estimate. 18. 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. 19. 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. 2. 3. 4. 5. Review submittals for completeness. Examine plans, tour the site in the field, become familiar with the general concept as proposed by the project applicant. Determine if the plans are in conformance with the applicable conditions of approval and the approved tentative map. Determine if the plans meet overall technical conformance and adherence to good design practice. Determine if the general format for the plan is in conformance with City of Carlsbad requirements. -3 - rev. 2/26/99 6. 7. a. 9. 10. 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. 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 of 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. -4 - rev. 2/26/99 C -4 11. 12. 13. 14. 15. 16. 17. 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 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 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. 2. Review submittal for completeness. Determine that the map is in conformance with applicable conditions of approval and the approved tentative map. 3. Check that the format is in compliance with the City of Carlsbad requirements. -5 - rev. 2/26/99 4. 5. 6. 7. 8. 9. 10. 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 and/or 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. Owner’s Certificate signed and acknowledged by all parties having record title interests, including dedications and offers of dedications; b. C. d. Engineers 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 e. Such other affidavits, certificates, acknowledgments, endorsements, and notarial seals as required. 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. rev. 2/26/99 -6 - D. CHECKING WATER IMPROVEMENT PLANS 11. 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. 12. 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. 1. Review the submittals for completeness. 2. Examine the plans, tour the site in the field (as necessary), and become familiar with the general concepts as proposed by the project applicant for water, sewer, and reclaimed water facilities for the site. 3. Determine that the water improvement plans are in conformance with the CMWD’s check list, the standards for the design and construction of water, sewer, and reclaimed water facilities, and applicable codes. 4. Determine that the plans are in compliance with the conditions of approval, water, sewer and reclaimed water master plans, or other agreements as may apply. 5. Determine requirements for on-site and off-site water and sewer easements and whether they have been obtained/dedicated. 6. Check existing and proposed CMWD easements, to include closure of the traverse, plats and legal descriptions as necessary. Approved plats and legal descriptions are to be transmitted to CMWD with a current title report for further processing. 7. Determine that the water improvement plans are in conformance with the grading plans and final map, if applicable to the project. 8. Determine the accuracy of the quantity calculations, the list of quantities and the engineer’s cost estimate. 9. Check the water improvement plans for overall technical conformance and adherence to good design practice. -7 - rev. 2/26/99 10. Review plancheck submittals with CMWD staff to discuss significant review comments and/or unresolved issues. E. 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, dedication/quitclaim of easements, street vacations, or other projects. F. 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. 2. CITY OBLIGATIONS 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 -8 - rev. 2/26/99 (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. 2. 3. 4. 5. 6. 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. A copy of the latest edition of the “Standards for Design and Construction of Public Works Improvements in the City of Carlsbad.” A copy of the latest edition of the “Carlsbad Rules & Regulations for Construction of Public Potable Water Mains”. A copy of the latest edition of the “Carlsbad Reclamation Rules & Regulations for Construction of Reclaimed Water Mains”. A copy of the latest edition of the “Carlsbad Standard Sewer System Design Criteria and Standard Drawings & Specifications”. 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: 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. rev. 2/26/99 -9 - 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. PROGRESS AND COMPLETION Contractor shall complete planchecks according to the following schedule: 1. First plancheck: complete and return to City within fifteen (15) workina davs of notice to Dick UD. 2. Second and third planchecks: complete and return to City within ten (I 0) workina davs of notice to Dick UD. 3. Mylar: complete and return to City within five (5) workina davs of notice to Dick UD. 4. Construction revisions to grading or improvement plans: complete and return to City within three (3) workina davs of notice to Dick UD. 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. FEES TO BE PAID TO CONTRACTOR The total amount of the fee for planchecking services for each set of plans shall be as shown in Exhibit “A”, Schedule of Fees, except as otherwise provided for in Section 3. rev. 2/26/99 -10 - During each year, beginning July 1, 1999, 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 pa able according to the following schedule: First plancheck camp eted Y 40% of total fee Second plancheck completed 25% of total fee Third plancheck corn Plan or map approva P leted 20% of total fee of plancheck and submittal of written certification 15%* of total fee * Actual amount may be adjusted so that 100% of total fee based on approved 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 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. DURATION OF CONTRACT 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. -11 - rev. 2/26/99 6. PAYMENT OF FEES On the 5th working day of each month, Contractor shall submit his/her 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. FINAL SUBMISSIONS 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. 8. CHANGES IN WORK 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 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. -12 - rev. 2/26/99 9. COVENANTS AGAINST CONTINGENT FEES 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, 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. 10. NONDISCRIMINATION CLAUSE The Contractor shall comply with the state and federal laws regarding nondiscrimination. 11. TERMINATION 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 -13 - rev. 2/26/99 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; 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. CLAIMS AND LAWSUITS 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 -14 - rev. 2/26/99 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 g r the City of Carisbad to disqualify the Contractor from the selection proce The provisions rlsbad Municipal Code sections 3.32.025, 3.32.026, 3.22.027 and 3.32.028 pertaining to false claims are incorporated herein by reference. JURISDICTION The Contractor agrees and hereby stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this agreement is San Diego County, California. 14. STATUS OF THE 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 its employees or subcontractors. The City -15 - rev. 2/26/99 shall not be required to pay any workers’ compensation insurance or unemployment contributions on behalf of the Contractor or its 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 Consultants that are included in this agreement. 15. CONFORMITY TO LEGAL REQUIREMENTS 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. 16. OWNERSHIP OF DOCUMENTS 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. 2/26/99 -16 - 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 its records. 17. REPRODUCTION RIGHTS 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. 18. HOLD HARMLESS AGREEMENT 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 attorneys fees arising out of the performance of the work described herein caused 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. 19. 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. 20. 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 -17 - rev. 2/26/99 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. 21. PROHIBITED INTEREST 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. 22. VERBAL AGREEMENT OR CONVERSATION 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. 23. SUCCESSORS OR ASSIGNS Subject to the provisions of Paragraph 17, “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. rev. 2/26/99 -18 - 24. EFFECTIVE DATE This agreement shall be effective on and from the day and year first written above. 25. CONFLICT OF INTEREST 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 consultant. The disclosure category shall be categories 1, 3 and 4. 26. 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 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. 91-403. A. Coveraaes and Limits. 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: -19- rev. 2/26/99 1. Comprehensive General Liability Insurance. $1 ,OOO,OOO 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 ,OOO,OOO 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 ,OOO,OOO per accident for bodily injury. 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. Additional 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. -20 - rev. 2/26/99 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 and the City may collect the same from the Contractor or deduct the amount paid from any sums due the Contractor under this agreement. 27. RESPONSIBLE PARTIES 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 Name City Engineer Llovd B. Hubbs Address 2075 Las Palmas Drive Carlsbad. CA 92009 For Contractor: Title Name Address President John M. Powell 175 Calle Magdalena, Suite 101 Encinitas, CA 92024 Architect/License Number: -21 - rev. 2/26/99 28. BUSINESS LICENSE Contractor shall obtain and maintain a City of Carlsbad Business License for the duration of the contract. 29. ENTIRE AGREEMENT 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 writing executed by the party against which enforcement of such amendment, waiver or discharge is sought. Executed by Contractor this 44-b dayof XbQe ,190 . CONTRACTOR: JOHN POWELL & ASSOCIATES, INC., I,/ srws: &% t- (print name/title) ATTEST: By: (sign here) (print name/title) KAREN R. KUNDTZ, Assistant City Clerk (Proper notarial acknowledgment of execution by must be attached. Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant treasurer must sign for corporations. Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL -22 - rev. 2/26/99 EXHIBIT “A” SCHEDULE OF FEES JOHN POWELL AND ASSOCIATES, INC. For Plancheck of: IMPROVEMENT PLANS Estimated Cost of lmorovements up to $20,000 $20,001 to $50,000 $50,001 to I;%E $100,001 to $250,001 to !§500:000 $500,001 to $1 ,ooo,ooo $1,000,001 and above 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 GRADING PLANS Amount 101 Cubic Yards or Less 101 to 1,000 Cubic Yards Fee $100 $400 1,001 to 10,000 Cubic Yards $1,000 10,001 to 100,000 Cubic Yards $1,600 100,001 to 200,000 Cubic Yards $2,400 200,001 Cubic Yards or More $3,000 for the first 100 cubic yards plus $60 for each additional 100 cubic yards or fraction thereof. 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. Rev. June 1999 23 EXHIBIT “A” (Continued) Contractor Fee Final Map $2,000 Parcel Map $1,250 Adjustment Plat $450 Certificate of Correction $200 Dedication of Easement $250 Street Vacation (Summary) $400 Street Vacation $400 Quitclaim of Easement $250 Construction Change $200 Certificate of Compliance (in lieu of parcel map) $1,250 Certificate of Compliance Parcel $200 plus $5/acre plus $1 I O/sheet Rev. June 1999 24 I l State of California 3 C ALL-PURPOSE ACKNOWLEDGMENT ~~~e~e~e-e~m~e~)e-m~o~~~e-e~m~~~e~~~~ County of ss. n iQr0 l u f I On u&4 \-4%4 before me, h&A M. MNI’\CJ , l CDATe) (NOTARY) ’ L I personally appeared , bhr, m. PQ~~A SIGNER(S) ersonally known to me - OR- 0 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that h&he/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. hdTdmmL.A NOTARY’SkIGNATURE OPTIONAL INFORMATION The information below is not required by law. However, it could prevent fraudulent attachment of this aclcuowl- edgment to an unauthorized document. CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTIONOF ATTACHED DOCUMENT cl INDIVIDUAL cl CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT T’TWS) q PARTNER(S) cl A’lTORNEY-IN-FACT 0 TRUSTEE(S) 0 GUARDIAN/CONSERVATOR Cl OTHER: NUMBER OF PAGES DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OP PERSON(S) OR ENIlTY(IES) OTHER eve -e-e-e-e-o- e-e-e- *-e-e-m-e-e-a-e 3 APAM VALLEY-SIERRA, 800-362-3369 \ \ - .__ . . ,;. $ RESOLUTION ADOPTED BY UNANIMOUS WRITTEN CONSENT OF DIRECTORS OF JOHN POWELL & ASSOCIATES, INC. A California Corporation The undersigned, being the only members of the Board of Directors of John Powell & Associates, Inc., A California Corporation, do by this writing, consent to take the following actions and adopt the following Resolutions without a formal meeting of the Board: Be it resolved that: John M. Powell, in his capacity as President, has the authority to contractually commit the corporation without prior knowledge, consent or action of the Board of Directors. We direct that this consent by filed with the Minutes of the proceedings of the Board of Directors of the corporation. This unanimous written consent is executed pursuant to section 307(c) of the Corporations Code of the State of California, U.S.A., and the Bylaws of the corporation, which authorize the taking of action by the Board of Directors by written unanimous consent without a meeting. Dated: d?/?~ cmm /I I Dated: b/7 1’7 Y Dated: 09s . ENCINITAS, CA POWELL, RORY G. 1824 WILSTONE AV ENCINITAS, CA 92024 92024 760-942-i 803 CORP. OFFICE 760-942-l 803 JOHN POWELL C ASSOCIATES, INC. 175 CALLE MAGDALENA #lO 1 ENCINITAS, CA FEE-SCHEDULE PB CALLE MAGDALENA LICENSE MUST SE POSTED ON BlJS itJES.5 PREMISES ’ NrjTiFY _ B !_I .c, I N E S S L I C E N S E OFF1 CE IF yij[J CHANGE LrJCATION OR CEASE OFERAT iON, City June 29,1999 Helming Engineering, Inc. 5650 El Camino Real, Suite 200 Carlsbad, CA 92008 CONTRACT FOR ENGINEERING PLANCHECKING SERVICES I Enclosed for your reference are copies of Carlsbad City Council Agenda Bill No. 15,274 and Resolution No. 99-232. These documents went before the City Council on June 22, 1999, where the Resolution was adopted, approving the contract referenced above. Also enclosed is an original and fully executed contract for your files. If you have questions concerning the contract, please contact Bob Wojcik, in the Engineering Department, at (760) 438-l 161 extension 4333. Kathleen D. Shoup ’ Sr. Office Specialist 1200 Carlsbad Village Drive * Carlsbad, CA 92008-1989 * (760) 434-2808 a9 City of Carlsbad June 29,1999 John Powell & Associates 175 Calle Magdalena, Suite 101 Encinitas, CA 92024 I CONTRACT FOR ENGINEERING PLANCHECKING SERVICES I Enclosed for your reference are copies of Carlsbad City Council Agenda Bill No. 15,274 and Resolution No. 99-232. These documents went before the City Council on June 22, 1999, where the Resolution was adopted, approving the contract referenced above. Also enclosed is an original and fully executed contract for your files. If you have questions concerning the contract, please contact Bob Wojcik, in the Engineering Department, at (760) 438-l 161 extension 4333. ,z ,. x” I -f---‘--iT- I^ &Q&(, t.i j.:. ; .-. Kathleen D. Shoup Sr. Office Specialist 1200 Carlsbad Village Drive - Carlsbad, CA 92008-l 989 * (760) 434-2808 a9 City of Carlsbad June 29,1999 Berryman & Henigar 11590 West Bernard0 Court, Suite 100 San Diego, CA 92127 I CONTRACT FOR ENGINEERING PLANCHECKING SERVICES I Enclosed for your reference are copies of Carlsbad City Council Agenda Bill No. 15,274 and Resolution No. 99-232. These documents went before the City Council on June 22, 1999, where the Resolution was adopted, approving the contract referenced above. Also enclosed is an original and fully executed contract for your files. If you have questions concerning the contract, please contact Bob Wojcik, in the Engineering Department, at (760) 438-l 161 extension 4333. yg&& . c :;J) pg.+ ; 7;;x’ Kathleen D. Shoup Sr. Office Specialist 1200 Carlsbad Village Drive - Carlsbad, CA 92008-l 989 - (760) 434-2808 @ June 29,1999 Ellorin Consulting Engineers 1046 Commerce Street, Suite E San Marcos, CA 92069 I CONTRACT FOR ENGINEERING PLANCHECKING SERVICES I Enclosed for your reference are copies of Carlsbad City Council Agenda Bill No. 15,274 and Resolution No. 99-232. These documents went before the City . Council on June 22, 1999, where the Resolution was adopted, approving the contract referenced above. Also enclosed is an original and fully executed contract for your files. If you have questions concerning the contract, please contact Bob Wojcik, in the Engineering Department, at (760) 438-l 161 extension 4333. ,’ :. .-F-F’ ‘, .Yd - c,- ,y- ,x.. & c ;_ l _ ; ~!,j~.~c-.~: ;u” Kathleen D. Shoup ’ Sr. Office Specialist 1200 Carlsbad Village Drive * Carlsbad, CA 92008-l 989 - (760) 434-2808 @