HomeMy WebLinkAbout2003-04-05; City Council; 7343; Plan Checking Services: Plan Review FeesCIT • CARLSBAD — AGEND. <LL
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BILE CONSULTANT AdREEMEMT FOR ENGIIJEERIMGPLA;I CHECKING SERVICES AND REVISION TOCITY CODE TO INCREASE PLA'J REVIEW FEE ,
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CITY ATTYJ/^3
RECOMMENDED ACTION:
Adopt Resolution No. "7/8 ^ approving an agreement with Willdan
Associates to perform engineering plan check services and introduce
Ordinance No. ^(off I increasing the improvement plan review fee.
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ITEM EXPLANATION
The Engineering Department is proposing to use a consultant
engineering firm to perform engineering improvement plan checking
services. Up to now this work has been done by City staff. Using a
consultant will provide the flexibility to provide a steady level of
service during both peak and slack periods. The consultant will be
able to provide a consistant two week plan check time regardless of
workload. The City will not be obligated, however, to send the
consultant work. Depending on the workload, the City Engineer may
choose to send all or none of the plan checking to the consultant at
his discretion.
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The firm of Willdan Associates was selected to do this work based on
both their qualifications and fee proposal. Proposals were also
received from the following:
CG Engineering
Inter-City Engineers, Inc.
PRC Toups Corp.
Berryman & Stephenson, Inc.
The firm of Esgil Corp., which currently does the City's building plan
checking, was invited to submit a proposal, but declined.
FISCAL IMPACT
In order to use a consultant, it is necessary to raise the improvement
plan review fee. The current fee is one percent of the value of the
improvements to be constructed. The proposed fee is on a sliding
scale from three percent for small projects to one percent for
projects valued at over $1,000,000. The fee schedule is listed in the
ordinance. The consultant will receive 75% of the fee collected. The
remaining 25% will be retained by the City for administrative costs,
review of plans for completeness, preparation of bonds and agreements,
etc.
o All the costs involved in this plan checking will be borne by the
developer. In exchange for a somewhat higher fee for projects valued
at less than one million dollars, the developer will be assured of a
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Page Two of AGENDA BILL NO. ^ 3 <-/ 3
quick plan check time. Fees will be paid into account number 01-00-
00-8807 and the consultant paid from this account which currently has
a balance of $29,590.50 in improvement plan check fees collected so
far this fiscal year.
As a comparison, the Cities of Oceanside and Poway, both of whom use a
consultant for plan checking, each charge a flat 3% of improvement
costs.
EXHIBITS
1. Resolution No. 7/$ 6> approving the consultant agreement
(agreement attached as Exhibit A).
2. Ordinance No. ^G> ft I approving an increase in the improvement
plan review fee.
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CABLSBAD, CALIFORNIA, APPROVING AN AGREEMENT
3 BETWEEN THE CITY OF CARLSBAD AND WILLDAN ASSOCIATES
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RESOLUTION NO, 7186
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
FOR ENGINEERING PLAN CHECK SERVICES AND AUTHORIZING
THE MAYOR TO EXECUTE SAID AGREEMENT.
The City Council of the City of'Carlsbad, California, does hereby
resolve as follows:
1. That the certain agreement between the City of Carlsbad and
Will dan Associates for engineering plan check services, a copy of which
is attached hereto, marked Exhibit 'A' and made a part hereof is hereby
approved.
2. That the Mayor of the City of Carlsbad is hereby authorized and
directed to execute said agreement for and on behalf of the City of Carlsbad.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council
of the City of Carlsbad, California held on the 12th day of April
1983, by the following vote, to wit;
AYES: Council Meiribers Casler, Lewis, Kulchin, Chick and Prescott
NOES: None
ABSENT: None
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ATTEST:
MARY H, C/SLER, Mayor
ALETHA L. RAUTENKRANZ, City Clerk
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(SEAL)
EXHIBIT "A"
AGREEMENT FOR ENGINEERING
PLAN CHECK SERVICES
THIS AGREEMENT, made and entered into as of the 24th
day of March __, 19 83 , by and between the CITY OF CARLSBAD,
a municipal corporation, hereinafter referred to as "City," and
WILLDAN ASSOCIATES, a California Corporation, hereinafter referred to
as "Consultant."
RECITALS
City requires the services of an engineering consultant to
provide the necessary engineering services for plan check of
subdivision improvement plans and other services that may be required;
and
Consultant possesses the necessary skills and qualifications
to provide the services required by City;
NOW, THEREFORE, in consideration of these recitals and the
mutual covenants contained herein. City and Consultant agree as
follows:
(1) CONSULTANT'5 OBLIGATIONS
In checking of improvement plans, Consultant shall perform
the following work for each project:
a. Examine plans, tour the site in the field, and become
familiar with general concepts as proposed by the
project applicant for access, drainage, sewer and water
facilities to the site.
b. Determine if the plans are in conformance with applicable
conditions of approval and the approved tentative map.
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c. Check hydrology and hydraulic calculations and the design of
the storm drain system.
d. Determine any diversions, concentrations or increases in
drainage flow and any potential for damage to offsite
property resulting from such drainage.
e. Determine requirements for off-site easements and whether
they have been obtained.
f. Determine any encroachments on adjacent property.
g. Check adequacy and availability of sewer service and water
. pipe sizing.
h. Check stopping sight distance, horizontal radius and vertical
curves on streets.
i. Determine that the plans as submitted, are in conformance
with the Carlsbad Municipal Code, the City of Carlsbad
Standards and other applicable standards used by the City.
j. Determine that the improvement plans are in conformance with
the approved grading plan and final map which are to be
checked by the City and a copy furnished with the improvement
plans.
k. Determine the accuracy of the quantity calculations and the
list of quantities.
1. Pick up and deliver plans to and from the City office on a
schedule acceptable to the City Engineer.
m. Provide the City with written certification that the plans
are complete and accurate and are in conformance with
applicable City Codes, Standards, and written policies, that
then consistant with any grading plans, final map, and any
other adiacent improvement documents furnished by the City,
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CITY'S OBLIGATIONS
a. Upon initial receipt of a request for plan check, the City
shall perform a preliminary review of the plans to insure
that complete plans are submitted before forwarding them to
the consultant.
b. City shall provide the consultant with the following
documents:
1. A copy of "Title 20: Subdivisions" of the Carlsbad
Municipal Code.
.. 2. A copy of "Carlsbad Standards".
3. A copy of any other written policies, standards, or
criteria adopted or used by City.
c. In addition to prints of the plans to be checked, the City
will furnish to the Consultant the following:
1. A print of the grading plan and proposed final map of the
project.
2. A print of any adjacent improvements.
3. A copy of the tentative map and tentative map
conditions.
d. Nothing in this agreement shall be construed to obligate City
to provide any work to the Consultant. City reserves the
right, at its sole discretion, to send plans for checking for
checking to Consultant, to perform plan checks with its own
forces, or to send plans for checking to another consulting
firm.
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(3) PROGRESS AND COMPLETION
a. The consultant shall pick up plans for checking within two
working days from the date of notification by the City to do
so.
b. From the time of pick-up of plans from the City to delivery
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back to the City, the consultant shall complete each check
within the time specified below:
1. First check 10 working days
2. Second check 5 working days
3. Third check 5 working days
(4) FEES TO BE PAID TO CONSULTANT
a. The fee to be paid to the consultant shall be based on a
fixed percentage of the estimate of the cost of the
improvements. The estimate shall be based on the latest
edition of "Unit Prices for Checking Subdivisions and
. Permits" used by the City of San Diego unless the applicant
knows that a specific unit price should be higher, in which
casethe higher price shall be used. The City Engineer may
direct the applicant to use a different price or pricing
schedule should he determine the schedule used was
. inappropriate.
b. The schedule of fees to be paid to the Consultant for
improvement plan checking is as follows:
Estimated Cost of Improvements Consultant Fee
$~0to $20,000 2.25% ($150 minimum)
$20,000 to $50,000 1.88% ($450 minimum)
$50,000 to $100,000 1.50% ($940 minimum)
$100,000 to $250,000 1.31% ($1,500 minimum)
$250,000 to $500,000 1.13% ($3,275 minimum)
$500,000 to $1,000,000 0.94% ($5,650 minimum)
Over $1,000,000 0.75% ($9,400 minimum)
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(5) PAYMENT OF FEES
On the first working day of each month Consultant shall submit
it's invoice for the work performed during the prior month. Payment
of approved items on the invoice shall be mailed to the Consultant
prior to the 25th day of the month the invoice was submitted.
The Consultant shall be paid 90% of the plan check fee upon
completion of the first plan check for each set of plans. The balance
shall be paid to the Consultant upon completion of the plan checking
and submittal to the City of written certification that the plans are
complete on provided in paragraph (1) m.
(6) COVENANT AGAINST CONTINGENT FEES
Consultant warrants that it has not employed or retained any
company or person, other than a bona fide employee working for the
Consultant, to solicit or secure this agreement, and that Consultant
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 this agreement. For breach or violation of this
warranty, 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 fee, gift or contingent fee.
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(7) TERMINATION OF CONTRACT
In the event of the Consultant's failure to prosecute, deliver,
or perform the work as provided for in this contract, the City may
terminate this contract for nonperformance by notifying the Consultant
by certified mail of the termination of the contract. The Consultant,
thereupon, has five 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 Consultant has
performed which is usable and of worth to the City in having the
contract completed. Based upon that finding as reported to the City
Council, the Council shall determine the final payment of the
contract.
(8) DISPUTES
If a dispute should arise regarding the performance of work
under this agreement, the following procedure shall be used to resolve
any question of fact or interpretation not otherwise settled by
agreement between parties. Such questions, if they become identified
as a part of a dispute among persons-operating under the provisions of
this contract, shall be reduced to writing by the principal of the
Consultant or the City Engineer. A copy of such documented dispute
shall be forwarded to both parties involved along with recommended
methods of resolution which would be of benefit to both parties. The
City Engineer or principal receiving the letter shall reply to the
letter along with a recommended method of resolution within ten days.
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If the resolution thus obtained is unsatisfactory to the aggrieved
party, a letter outlining the dispute shall be forwarded to the City
Council for their resolution through the office of the City Manager.
The City Council may then opt to consider the directed solution to the
problem. In such cases, the action of the City Council shall be
binding upon the parties involved, although nothing in this procedure
shall prohibit the parties seeking remedies available to them at law.
(9) RESPONSIBILITY OF THE CONSULTANT
The Consultant is hired to render professional services to
perform plan checks and any payments made to Consultant are
compensation solely for such services. Consultant shall provide
certifications as required herein properly signed and with Registered
Civil Engineer's number.
(10) SUSPENSION OR TERMINATION OF SERVICES
This agreement may be terminated by either party upon tendering
30 days written notice to the other party. In the event of such
suspension or termination, upon request of the City, the Consultant
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 Consultant shall be paid for work performed to the
termination date. The City shall make the final determination as to
the portions of tasks completed and the compensation to be made.
(11) STATUS OF THE CONSULTANT
The Consultant shall perform the services provided for herein in
a manner of Consultant's own choice, as an independent contractor and
in pursuit of Consultant's independent calling, and not as an employee
of the City.
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Consultant shall be under control of the City only as to the result to
be accomplished and the personnel assigned to the project. However,
Consultant shall confer with the City as provided for in this
agreement.
(12) CONFORMITY TO LEGAL REQUIREMENTS
The Consultant shall cause all drawings and specifications to
conform to all applicable requirements of law: Federal, State, and
local.
(13) OWNERSHIP OF DOCUMENTS
All plans, studies, sketches, drawings, reports and
specifications as herein used and 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,
specifications, drawings, reports and studies shall be delivered
forthwith to the City.
(14) HOLD HARMLESS AGREEMENT
The City, its agents, officers and employees shall not be liable
for any claims, liabilities, penalties, fines, or any damage to goods,
properties, or effects of any person whatever, nor for personal
injuries or death caused by, or resulting from, or claimed to have
been caused by, or resulting from, any act or omission of Consultant
or Consultant's agents, employees or representatives done pursuant to
or in furtherance of Consultants duties under this agreement.
Consultant agrees to defend, indemnify and save free and harmless the
City and its authorized agents, officers, and employees against any of
the foregoing liabilities or claims of any kind and any cost and
expense
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that is incurred by the City on account of any of the foregoing
liabilities, including liabilities or claims by reason of alleged
defects in any plans and specifications/ unless the liability or claim
is due, or arises out of, solely to the City's active negligence.
(15) ASSIGNMENT OF CONTRACT
The Consultant shall not assign this contract or any part
thereof or any monies due thereunder without the prior written consent
of the City.
(16) SUBCONTRACTING
If the Consultant shall subcontract any of the work to be
performed under this contract by the Consultant, Consultant shall be
fully responsible to the City for the acts and omissions of
Consultant's subcontractor and of the persons either directly or
indirectly employed by the subcontractor, as Consultant is for the
acts and omissions of persons directly employed by Consultant.
Nothing contained in this contract shall create any contractual
relationship between any subcontractor of Consultant and the City.
The Consultant shall bind every subcontractor and every subcontractor
of a subcontractor by the terms of this contract applicable to
Consultant's work unless specifically noted to the contrary in the
subcontract in question approved in writing by the City.
(17) 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 any
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architectural, engineering inspection, construction or material supply
contractor, or any subcontractor in connection with the construction
of the project, shall become directly or indirectly interested
personally in this contract or in any part thereof. No officer,
employee, architect, attorney, engineer, or inspector of or for the
City who is authorized in such capacity and on behalf of the City to
exercise any executive, supervisory, or other similar functions in
connection with the performance of this contract shall become directly
or indirectly interested personally in this contract or any part
thereof.
(18) 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 such verbal agreement or conversation entitle the
Consultant to any additional payment whatsoever under the terms of
this contract.
(19) SUCCESSORS OR ASSIGNS
Subject to the provisions of paragraph (14), Hold Harmless
Agreement, all terms, conditions, and provisions hereof shall insure
to and shall bind each of the parties hereto, and each of their
respective heirs, executors, administrators, successors and assigns.
(20) EFFECTIVE DATE
This agreement shall be effective on and from the day and year
first above written.
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(21) CONFLICT OF INTEREST
The Consultant shall file a conflict of interest statement with
the City Clerk of the City of Carlsbad. The Consultant shall report
investments or interests in real property located within the City of
Carlsbad.
The Consultant expressly affirms that he will perform no plan
check services on any plans prepared by his firm or any plans for
applicants which are also clients of the Consultant where there is any
possibility of a conflict of interest. The Consultant shall
immediately notify the City Engineer of any circumstances which may
lead to a conflict of interest.
(22) INSURANCE
The Consultant shall obtain and maintain a policy of liability
insurance from an insurance company authorized to be in business in
the State of California, in an insurable amount not less than one
million dollars ($1,000,000). This insurance shall be in force during
the life of this agreement and shall not be cancelled without ten (10)
days prior notice to City.
The City shall be named as an additionally insured on this
policy. The Consultant shall furnish a certificate of said insurance
to City upon request.
(23) EXTRA WORK
The ^Consultant, in performing his services, shall not do extra
work in excess of this agreement without the written permission of the
City or its designated representative.
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(24) WORKING DAY DEFINITION
For the purpose of measuring plan check performance, the working
days specified in Section 4 starts on the work day after the
Consultant is notified the plans are ready for pickup, and includes
the day plans are delivered back to the City by the Consultant. Work
days do not include Saturdays, Sundays, or City holidays.
IN WITNESS WHEREOF, we have here unto set our hands and seals.
CITY OF CARLSBAD WILDAN ASSOCIATES
U •
Mayor
]//
Title
ATTEST:
X (f\
City Clerk
APPROVED AS TO FORM:
tant/.City Attorney
ORDINANCE NO,9681
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA, AMENDING TITLE 20, CHAPTER 20.08
OF THE CARLSBAD MUNICIPAL CODE BY THE AMENDMENT OF
SECTION 20.08.050 TO REVISE THE IMPROVEMENT PLAN
REVIEW FEE
The City Council of the City of Carlsbad, California,
does ordain as follows:
SECTION 1: That Title 20, Chapter 20.08 of the Carlsbad
Municipal code is amended by the amendment of Section 20.08.050
to read as follows:
"20.08.050••Improvement plan_review and construction
inspection fees. All construction and installation of
improvements shall be subject to plan review and inspection by
the City Engineer or other appropriate department, and the
subdivider shall arrange for inspection prior to starting
construction or installation of the improvements. The costs to
the City in examining improvement plans, inspecting improvements
and monuments shall be paid by the subdivider. An improvement
plan review fee based on the approved engineer's estimate of the
total improvement costs, shall be paid to the engineering
department upon submittal of improvement plans for review as
follows:
ESTIMATED COST OF IMPROVEMENTS FEE
9
20,
50,
100,
250,
500,
Over
0
000
000
000
000
000
1,
to
to
to
to
to
to
000,
$
1,
000
20
50
100
250
500
000
f
r
t
t
i
i
000
000
000
000
000
000
3.0% ($200 minimum)
2.5% (600 minimum)
2.0% (1,250 minimum)
1.75% (2,000 minimum)
1.5% (4,375 minimum)
1.25% (7,500 minimum)
1.0% (12,500 minimum)
An improvement construction inspection fee of two percent of the
approved engineer's estimate of the total improvement costs shall
be paid prior to approval of the final map or the commencement of
construction of the improvements, whichever occurs first."
EFFECTIVE DATE: This ordinance shall be effective
thirty days after its adoption, and the City Clerk shall certify
to the adoption of this ordinance and cause it to be published
at least once in the Carlsbad Journal fifteen days after its
adoption.
INTRODUCED AND FIRST READ at a regular meeting of the
Carlsbad City Council held the 12th day of April 1983.
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PASSED AND ADOPTED at a regular meeting of said
City Council held the day of , 1983, by
the following vote, to wit:
AYES:
NOES:
ABSENT:
MARY H. CASLER, Mayor
ATTEST:
ALETHA L. RAUTENKRANZ, City Clerk
(Seal)