HomeMy WebLinkAbout2003-06-03; City Council; 17188; Agreements for Engineering Planchecking Services\B# 17,188
ATG. 6/03/03
IEPT. ENG
1. Berryman and Henigar
2.
3. GVP Consultants
4. Helming Engineering
Post Buckley Schuh & Jernigan
CITY OF CARLSBAD - AGENDA BILL
TITLE:
APPROVAL OF AGREEMENTS FOR
EN G I N E E R I NG PLANC H EC KI N G SERVICES
$350,000 per year
$350,000 per year
$250,000 per year
$200,000 per year
k’O DEPT. HD. AN
CITY ATTY. e
CITY MGR. -?=-
RECOMMENDED ACTION:
Adopt Resolution No. 2003-136 approving agreements with Berryman and Henigar,
Post Buckley Schuh & Jernigan, GVP Consultants, and Helming Engineering 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. The City continues to develop rapidly in the northeast and southeast quadrants
and staff anticipates a continued demand of private development project reviews.
In April of 2003, City staff sent out a request for a statement of qualifications (SOQ’s) to seven
consultants for engineering planchecking services. City staff received a total of five SOQ’s. Of those
five, four firms were selected based on experience and knowledge of performing the variety of
municipal planchecking services needed by the City. The four consultants selected are: 1) Berryman
and Henigar; 2) Post Buckley Schuh & Jernigan; 3) GVP Consultants; and 4) Helming Engineering.
The time necessary to become an efficient and effective planchecker can be lengthy. All four of
these consultants have experience in performing planchecking services for the City of Carlsbad and
have become familiar with the Municipal Code, City Standards, policies and processes. Each
consultant has demonstrated unique knowledge and competence related to the City planchecking
needs. The four recommended contracts satisfy the intent required for as-needed professional
engineering services. The recommendation is based on demonstrated competence and
professional qualifications necessary for the satisfactory performance of these services as required
by City of Carlsbad Municipal Code 3.28.070.
Staff is recommending that the City approve all four agreements because of the anticipated demand
for services. The agreements will be for a one-year period ending on June 30, 2004, to coincide with
the fiscal year. The City Manager may extend the agreement for three consecutive one-year periods
based on the City’s need, satisfactory performance by the consultant, and appropriation of funds by
the City Council.
FISCAL IMPACT:
The not-to-exceed amounts for each consultant’s agreement are:
The services provided by the consultants are paid as a percentage of fee revenues received and
are, therefore, completely covered by annual fee revenues. Sufficient funds have been appropriated
in the Engineering Department Budget to cover the anticipated cost for this fiscal year. Should.
service demands exceed the annual contract limit, a contract amendment will be processed through
Council.
Page 2 of Agenda Bill No. 17 I 188
EXHIBITS:
1.
2.
3.
4.
5.
Resolution No. 2003-136 approving agreements with Berryman and Henigar,
Post Buckley Schuh & Jernigan, GVP Consultants, and Helming Engineering for engineering
planchecking services.
Agreement between the City of Carlsbad and Berryman and Henigar for engineering
planchecking services.
Agreement between the City of Carlsbad and Post Buckley Schuh & Jernigan for engineering
planchecking services.
Agreement between the City of Carlsbad and GVP Consultants for engineering planchecking
services.
Agreement between the City of Carlsbad and Helming Engineering for engineering planchecking
services.
DEPARTMENT CONTACT: Robert J. Wojcik, (760) 602-2733, bwoic@ci.carlsbad.ca.us
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RESOLUTION NO. 2003-136
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING AGREEMENTS WITH
BERRYMAN AND HENIGAR, POST BUCKLEY SCHUH &
JERNIGAN, GVP CONSULTANTS, AND HELMING ENGINEERING
FOR ENGINEERING PLANCHECKING SERVICES.
WHEREAS, the City Council of the City of Carlsbad, California, has reviewed and
determined the need for the utilization of engineering consultant services on an ongoing,
as-needed basis in order to maintain service levels; and
WHEREAS, the City Council has determined that Berryman and Henigar, Post Buckley
Schuh & Jernigan, GVP Consultants, and Helming Engineering have the necessary skills to fulfill
the City's need for engineering planchecking services; and
WHEREAS, sufficient funds are available in the Engineering Department Budget; and
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 agreements between the City of Carlsbad and Berryman and Henigar, Post
Buckley Schuh & Jernigan, GVP Consultants, and Helming Engineering, copies of which are
attached as Exhibit 2,3,4 and 5, and made a part hereof, are hereby approved.
3. That the Mayor of the City of Carlsbad is hereby authorized and directed to execute
the agreements with Berryman and Henigar, Post Buckley Schuh & Jernigan, GVP Consultants,
and Helming Engineering 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 3rd day of JUNE ,2003 by the following vote, to wit:
AYES: Council Members Le , Finnila, Kulchin, Hall, Packard A
4TTEST:
I -0RRAINE M. WdD, City Clerk ' (SEAL)
PWENG372
AGREEMENT FOR
ENGINEERING PLANCHECKING SERVICES
(BERRYMAN AND HENIGAR, INC.)
THIS AGREEMENT is made and entered into as of the &? 7 & day of 4- , 2003, by and between the CITY OF CARLSBAD, a municipal corporation, ("City"), and BERRYMAN & HENIGAR, INC., a California Corporation,
("Contractor").
RECITALS
A. City requires the professional services of a contractor that is experienced
B. Contractor has the necessary experience in providing professional
C. Selection of Contractor is expected to achieve the desired results in an
D. Contractor has submitted a proposal to City and has affirmed its
in engineering plancheck services,
services and advice related to engineering plancheck services.
expedited fashion.
willingness and ability to perform such work.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, City and Contractor agree as follows:
1. SCOPE OF WORK
City retains Contractor to perform, and Contractor agrees to render, those services
(the "Services") that are defined in attached Exhibit "A", which is incorporated by this
reference in accordance with this Agreement's terms and conditions.
2. STANDARD OF PERFORMANCE
While performing the Services, Contractor will exercise the reasonable professional
care and skill customarily exercised by reputable members of Contractor's profession
practicing in the Metropolitan Southern California Area, and will use reasonable
diligence and best judgment while exercising its professional skill and expertise.
39 - TERM
The term of this Agreement will be effective for a period of one (1) year from the date
first above written. The City Manager may amend the Agreement to extend it for
three (3) additional one (1) year periods or parts thereof in an amount not to exceed
three hundred fifty thousand dollars ($350,000) per Agreement year. Extensions will be
based upon a satisfactory review of Contractor's performance, City needs, and
appropriation of funds by the City Council. The parties will prepare a written amendment
indicating the effective date and length of the extended Agreement.
4. Time is of the essence for each and every provision of this Agreement. TIME IS OF THE ESSENCE
City Attorney Approved Version #04.01.02 1
5. COMPENSATION The fees payable to Contractor for Engineering Plancheck Services shall be made as
outlined in attached Exhibit "A".
6. STATUS OF CONTRACTOR
Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of
City. Contractor will be under control of City only as to the result to be accomplished,
but will consult with City as necessary. The persons used by Contractor to provide
services under this Agreement will not be considered employees of City for any
purposes.
The payment made to Contractor pursuant to the Agreement will be the full and
complete compensation to which Contractor is entitled. City will not make any federal or
state tax withholdings on behalf of Contractor or its agents, employees or
subcontractors. City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At the City's election, City may deduct the indemnification amount from any balance owing to Contractor.
7. SUBCONTRACTING
Contr'actor will not subcontract any portion of the Services without prior written approval
of City. If Contractor subcontracts any of the Services, Contractor will be fully
responsible to 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 Agreement will create any contractual relationship between any subcontractor of
Contractor and City. Contractor will be responsible for payment of subcontractors.
Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City.
8. OTHER CONTRACTORS
The City reserves the right to employ other Contractors in connection with the Services.
9. INDEMNIFICATION
Contractor agrees to indemnify and hold harmless the City 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 in whole or in part by any willful misconduct or negligent act or omission of the
Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable.
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The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City's self-
administered workers' compensation is included as a loss, expense or cost for the
purposes of this section, and that this section will survive the expiration or early
termination of this Agreement.
10. INSURANCE
Contractor will obtain and maintain for the duration of the Agreement 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 services by Contractor
or Contractor's agents, representatives, employees or subcontractors. The insurance
will 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".
10.1 Coveraqes and Limits.
Contractor will maintain the types of coverages and minimum limits indicated below,
unless City Attorney or City Manager approves a lower amount. These minimum
amounts of coverage will not constitute any limitations or cap on Contractor's
indemnification obligations under this Agreement. City, its officers, agents and
employees make no representation that the limits of the insurance specified to be
carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If
Contractor believes that any required insurance coverage is inadequate, Contractor will
obtain such additional insurance coverage, as Contractor deems adequate, at
Contractor's sole expense.
10.1.1 Commercial General Liabilitv Insurance. $1,000,000 combined
single-limit per occurrence for bodily injury, personal injury and property damage. If the
submitted policies contain aggregate limits, general aggregate limits will apply
separately to the work under this Agreement or the general aggregate will be twice the
required per occurrence limit.
10.1.2 Automobile Liability (if the use of an automobile is involved for
Contractor's work for City). $1,000,000 combined single-limit per accident for bodily
injury and property damage.
10.1.3 Workers' Compensation and Employer's Liability. Workers'
Compensation limits as required by the California Labor Code and Employer's Liability
limits of $1,000,000 per accident for bodily injury. Workers' Compensation and
Employer's Liability insurance will not be required if Contractor has no employees and
provides, to City's satisfaction, a declaration stating this.
10.1.4 Professional Liability. Errors and omissions liability appropriate to
Contractor's profession with limits of not less than $1,000,000 per claim. Coverage must
be maintained for a period of five years following the date of completion of the work.
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10.2. Additional Provisions. Contractor will ensure that the policies of insurance
required under this Agreement contain, or are endorsed to contain, the following
provisions:
10.2.1 The City will be named as an additional insured on General
Liability.
10.2.2 Contractor will obtain occurrence coverage, excluding Professional
Liability, which will be written as claims-made coverage.
10.2.3 This insurance will be in force during the life of the Agreement and
any extensions of it and will not be canceled without thirty (30) days prior written notice
to City sent by certified mail pursuant to the Notice provisions of this Agreement.
10.3 Providinq Certificates of Insurance and Endorsements. Prior to City's execution
of this Agreement, Contractor will furnish certificates of insurance and endorsements to
City.
10.4 Failure to Maintain Coveraqe. If Contractor fails to maintain any of these
insurance coverages, then City will have the option to declare Contractor in breach, or
may purchase replacement insurance or pay the premiums that are due on existing
policies in order to maintain the required coverages. Contractor is responsible for any
payments made by City to obtain or maintain insurance and City may collect these
payments from Contractor or deduct the amount paid from any sums due Contractor
under this Agreement.
10.5 Submission of Insurance Policies. City reserves the right to require, at anytime,
complete and certified copies of any or all required insurance policies and
endorsements.
11. BUSINESS LICENSE
Contractor will obtain and maintain a City of Carlsbad Business License for the term of
the Agreement, as may be amended from time-to-time.
12. ACCOUNTING RECORDS
Contractor will maintain complete and accurate records with respect to costs incurred
under this Agreement. All records will be clearly identifiable. Contractor will allow a
representative of City during normal business hours to examine, audit, and make
transcripts or copies of records and any other documents created pursuant to this
Agreement. Contractor will allow inspection of all work, data, documents, proceedings,
and activities related to the Agreement for a period of three (3) years from the date of
final payment under this Agreement.
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13. OWNERSHIP OF DOCUMENTS
All work product produced by Contractor or its agents, employees, and subcontractors
pursuant‘ to this Agreement-is the property of City. In the -event this Agreement is
terminated, all work product produced by Contractor or its agents, employees and
subcontractors pursuant to this Agreement will be delivered at once to City. Contractor
will have the right to make one (1) copy of the work product for Contractor’s records.
14. COPYRIGHTS
Contractor agrees that all copyrights that arise from the services will be vested in City
and Contractor relinquishes all claims to the copyrights in favor of City.
15. NOTICES
The name of the persons who are authorized to give written notices or to receive written
notice on behalf of City and on behalf of Contractof under this Agreement.
For City: For Contractor:
Name Robert J. Wojcik Name Keith Gillfillan
Title Deputy City Engineer Title Sr. Vice President
Dept Engineering
City of Carlsbad
Address 1635 Faraday Avenue Address 11590 W. Bernard0 Ct.
Phone No. (760) 602-2733 Phone No. (858) 451 -61 00
Carlsbad, CA 92008 . San Diego, CA 92127
Each party will notify the other immediately of any changes of address that would
require any notice or delivery to be directed to another address.
16. CONFLICT OF INTEREST
City will evaluate Contractor’s duties pursuant to this Agreement to determine whether
disclosure under the Political Reform Act and City’s Conflict of Interest Code is required
of Contractor or any of Contractor’s employees, agents, or subcontractors. Should it be
determined that disclosure is required, Contractor or Contractor‘s affected employees,
agents, or subcontractors will complete and file with the City Clerk those schedules
specified by City and contained in the Statement of Economic Interests Form 700.
Contractor, for Contractor and on behalf of Contractor‘s agents, employees,
subcontractors and consultants warrants that by execution of this Agreement, that they
have no interest, present or contemplated, in the projects affected by this Agreement.
Contractor further warrants that neither Contractor, nor Contractor’s agents, employees,
subcontractors and consultants have any ancillary real property, business interests or
income that will be affected by this Agreement or, alternatively, that Contractor will file
with the City an affidavit disclosing this interest.
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17. GENERAL COMPLIANCE WITH LAWS
Contractor will keep fully informed of federal, state and local laws and ordinances and
regulations which in any manner affect those employed by Contractor, or in any way
affect the performance of the Services by Contractor. Contractor will at all times observe
and comply with these laws, ordinances, and regulations and will be responsible for the
compliance of Contractor's services with all applicable laws, ordinances and regulations.
Contractor will be aware of. the requirements of the Immigration Reform and Control Act
of 1986 and will comply with those requirements, including, but not limited to, verifying
the eligibility for employment of all agents, employees, subcontractors and consultants
that the services required by this Agreement.
18. DISCRIMINATION AND HARASSMENT PROHIBITED
Contractor will comply with all applicable local, state and federal laws and regulations - prohibiting discrimination and harassment.
19. DISPUTE RESOLUTION
If a dispute should arise regarding the performance of the Services the following
procedure will be used to resolve any questions of fact or interpretation not otherwise
settled by agreement between the parties. Representatives of Contractor or City will
reduce such questions, and their respective views, to writing. A copy of such
documented dispute will be forwarded to both parties involved along with recommended
methods of resolution, which would be of benefit to both parties. The representative
receiving the letter will reply to the letter along with a recommended method of
resolution within ten (1 0) business days. If the resolution thus obtained is unsatisfactory
to the aggrieved party, a letter outlining the disputes will be forwarded to the City
Manager. The City Manager will consider the facts and solutions recommended by each
party and may then opt to direct a solution to the problem. In such cases, the action of
the City Manager will be binding upon the parties involved, although nothing in this
procedure will prohibit the parties from seeking remedies available to them at law.
20. TERMINATION
In the event of the Contractor's failure to prosecute, deliver, or perform the Services,
City may terminate this Agreement for nonperformance by notifying Contractor by
certified mail of the termination. If City decides to abandon or indefinitely postpone the
work or services contemplated by this Agreement, City may terminate this Agreement
upon written notice to Contractor. Upon notification of termination, Contractor has five
(5) business days to deliver any documents owned by City and all work in progress to
City address contained in this Agreement. City will make a determination of fact based
upon the work product delivered to City and of the percentage of work that Contractor
has performed which is usable and of worth to City in having the Agreement completed.
Based upon that finding City will determine the final payment of the Agreement.
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Either party upon tendering thirty (30) days written notice to the other party may
terminate this Agreement. In this event and upon request of City, Contractor will
assemble the work product and put it in order for proper filing and closing and deliver it
to City. Contractor will be paid for work performed to the termination date; however, the
total will not exceed the lump sum fee payable under this Agreement. City will make the
final determination as to the portions of tasks completed and the compensation to be
made.
21. COVENANTS AGAINST CONTINGENT FEES
Contractor warrants that Contractor has not employed or retained any company or
person, other than a bona fide employee working for 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, City will 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 the fee, commission,
percentage, brokerage fees, gift, or contingent fee.
22. CLAIMS AND LAWSUITS
By signing this Agreement, Contractor agrees that any Agreement claim submitted to
City must be asserted as part of the Agreement process as set forth in this Agreement
and not in anticipation of litigation or in conjunction with litigation. Contractor
acknowledges that if a false claim is submitted to City, it may be considered fraud and
Contractor may be subject to criminal prosecution. Contractor acknowledges that
California Government Code sections 12650 et sea, the False Claims Act applies to
this Agreement and, 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 City seeks to recover penalties pursuant to the False Claims Act, it is
entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges
that the filing of a false claim may subject Contractor to an administrative debarment
proceeding as the result of which Contractor may be prevented to act as a Contractor
on any public work or improvement for a period of up to five (5) years. Contractor
acknowledges debarment by another jurisdiction is grounds for City to terminate this
Agreement.
23. JURISDICTIONS AND VENUE
Any action at law or in equity brought by either of the parties for the purpose of
enforcing a right or rights provided for by this Agreement will be tried in a court of
competent jurisdiction in the County of San Diego, State of California, and the parties
waive all provisions of law providing for a change of venue in these proceedings to any
other county.
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24. SUCCESSORS AND ASSIGNS
It is mutually understood and agreed that this Agreement will be binding upon City and
Contractor and their respective successors. Neither this Agreement or any part of it nor
any monies due or to become due under it may be assigned by Contractor without the
prior consent of City, which shall not be unreasonably withheld.
25. ENTIRE AGREEMENT
This Agreement, together with any other written document referred to or contemplated
by it, along with the purchase order for this Agreement and its provisions, embody the
entire Agreement and understanding between the parties relating to the subject matter
of it. In case of conflict, the terms of the Agreement supersede the purchase order.
Neither this Agreement nor any of its provisions may be amended, modified, waived or
discharged except in a writing signed by both parties.
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26. AUTHORITY
The individuals executing this Agreement and the instruments referenced in it on behalf
of Contractor each represent and warrant that they have the legal power, right and
actual authority to bind Contractor to the terms and conditions of this Agreement.
CONTRACTOR
BERRYMAN & HENIGAR, INC., a
California Corporation ,<
(print name/tiile)
qsign here)
ATTEST:
City Clerk
(print namehitle)
If required by City, proper notarial acknowledgment of execution by contractor
must be attached. If a Corporation, Agreement must be signed by one corporate
officer from each of the following two groups.
*Group A.
Chairman,
President, or
Vice-president
**Group B.
Secretary,
Assistant Secretary,
CFO or Assistant Treasurer
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, City Attorney
Deputy City Attorney 1
Ci!y Attorney Approved Version #04.01.02 9
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California } SS. County of 5j-I EVA0
Place Notary Seal Above
known to me
proved to me on the basis of satisfactory
evidence
to be the person@ whose nam@+/are
subscribed to the within instrument and
acknowledged to me that h&ke/they executed
the same in hd4erltheir authorized
and that by hic/hor/their
the instrument the perso@, or
the entity upon behalf of which the perso&)
acted, executed the instrument.
WlJPJESS my hand and official seal.
Signature of Notary Public
M_yhcccrwkA&,
OPTlONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name: ~
0 Individual
0 Corporate Officer - Title(s):
0 Partner - 0 Limited 0 General
Attorney in Fact
0 Trustee
0 Guardian or Conservator
Other:
Signer Is Representing: u
Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827 0 1999 National Notary Association - 9350 DE Solo Ave.. P.0. Box 2402 Chatsworth, CA 91313-2402 - w.natior7almlaIYaq
EX HI BIT "A"
ENGINEERING PLANCHECKING SERVICES
1. CONTRACTOR'S OBLIGATIONS
The Contractor shall provide qualified professional engineering plancheck services in
accordance with the "Project Engineer's Manual", latest edition, as published by the City's
Engineering Department, City "Standards for Design & Construction of Public Works
Improvements in the City of Carlsbad and shall provide 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 or site plan.
4. Determine if the general format for the plan is in conformance with City of
Carlsbad requirements, or modifications thereof.
5. Check hydrology and hydraulic calculations, and the design of the storm
drain system in conformance with the City standards, or modifications
thereof.
6. Determine any diversions, concentrations or increases in drainage flow,
and any potential for damage to off-site property resulting from such
drainage. If so, ensure project mitigates such diversions, concentrations,
or increases in drainage flow. Check for adequate capacity of inlets,
curbs, brow ditches and down drains.
7. Determine requirements for easements necessary to encompass the
facility and whether they have been obtained before plan approval.
8. Determine if any work is proposed that requires a temporary construction
or slope easement necessary to construct the improvements.
Easements must be obtained prior to plan approval.
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9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
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. All agency approvals must be
obtained prior to City approval.
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.
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, list of quantities, and
contingencies between the engineer's cost estimate and the plans.
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 project-related improvement documents filed at the
City.
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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.
20. Review project against latest State Storm Water Quality Regulations and
ensure project is incorporating post-development Best Management
Practices (BMP) measures to verify that pollutants of concern are
identified and that treatment BMP’s meet numeric sizing criteria pursuant
to Order 2001-01, or latest version. Review and require project Storm
Water Management Plans (SWMP), when required per Order 2001 -01.
21. Review Storm Water Pollution Prevention Plans (SWPPP’s), when
required per State Regional Water Quality Control Board regulations,
latest version. Ensure that project SWPPP’s identify the construction
BMP’s to be implemented during the course of the project. Utilize
checklists, prepared by the California Regional Water Quality Control
Board, to verify content and organization of SWPPP’s.
B. 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.
6. 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 recommendations on necessity for
additional soils review and review any such additional soils reports that
are submitted.
7. Compare the grading plan with the grading shown on any and all
discretionary approvals and the conditions thereto applied by the
appropriate City body.
8. Compare the grading plan with the improvement plans for the project.
9. Compare the grading plan with the approved environmental information.
3
10. Check for the following technical items:
a.
b.
C.
d.
e.
f.
9.
h.
1.
i-
k.
I.
m.
n.
0.
Setback from property line;
Identification of property and easement lines;
Amounts noted for excavation, fill, import, export, remedial (cubic
yards);
Cut slope and fill slope inclination 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 or slope;
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.
Verify compliance with City Ordinances, Standards, policies and
resolutions that apply to the subject plans.
Good engineering practice.
11. Check hydrology and hydraulic calculations, and the design of the
drainage system for conformance with City Standards, or modifications
thereof.
12. 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 inlets, curbs, brow ditches and
down drains.
13. Check for non-erosive velocities at point of discharge or adequate energy
dissipation.
4
14.
15.
16.
17.
18.
19.
Review erosion control plans and check for conformance with the
SWPPP, California BMP Handbook, Municipal Code, and California
Regional Board requirements.
Check landscape plans for conformance to the grading plans and for
conformance with intersection sight corridors and corner cut-offs. Verify
large trees are not proposed over proposed public facilities.
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 and that they
are consistent with any improvement plans, final map, and other adjacent
project-related 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.
Review project against latest State Storm Water Quality Regulations and
ensure project is incorporating post-development BMP measures to verify
that pollutants of concern are identified and that treatment BMP’s meet
numeric sizing criteria pursuant to Order 2001 -01 I or latest version.
Review and require project Storm Water Management Plans (SWMP),
when required per Order 2001 -01.
Review Storm Water Pollution Prevention Plans (SWPPP’s), when
required per State Regional Water Quality Control Board regulations,
latest version. Ensure that project SW PPP’s identify the construction
BMP’s to be implemented during the course of the project. Utilize
checklists, prepared by the California Regional Water Quality Control
Board, to verify content and organization of SWPPP’s.
C. CHECKING FINAL MAPS AND PARCEL MAPS
Contractor shall perform the following;
1. Review submittal for completeness.
2. Determine that the map is in conformance with applicable conditions of
approval and the approved tentative map or Tentative Parcel Map.
3. Check that the format is in compliance with the City of Carlsbad
Municipal Code Section 20, and County Map Processing Manual, latest
version, or any modifications thereof.
Check Title Report and Subdivision Guarantee, and verify that all
easements are noted on the map, the legal description conforms with the
map, and all parties required to sign the map have done so.
4.
5
5. Check traverse closure for lots, blocks, boundaries and easements for
acceptable closure.
6. Check all easements to which the lots are subject, including use and
reference if already of record.
7. Check legal descriptions and plats for any off-site easements; check
ownership against title reports, and prepare deed in conformance with
City format.
a. 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.
9. 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 dedication;
b. Engineer's or Surveyor's Statement;
c. City Engineer's Statement of Approval;
d. City Clerks Certificate of Approval by City Council and Acceptance
of Offer of Dedication; and
e. Such other affidavits, certificates, acknowledgements,
endorsements, and notarial seals as required by the Subdivision
Map Act and the Carlsbad Municipal Code.
f. Signature omission statement
10. 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.
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 project-related 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.
13. Check that the basis of bearings for the survey is in NAD 83 coordinates
pursuant to the City of Carlsbad Digital Submittal Requirements and
County Map Processing Manual.
6
14. Verify signature authorization against the title sheet of map to verify the signature(s) listed are authorized to bind the company or entity of the
owner.
D. CHECKING WATER, SEWER AND RECYCLED WATER IMPROVEMENT PLANS
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
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 Carlsbad Municipal Water District's (CMWD's) checklist, 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 obtaineddedicated.
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.
Review plancheck submittals with City staff to discuss significant review comments and/or unresolved issues.
Review public potable water distribution and transmission mains, laterals,
booster pump stations, and pressure reducing stations designs against Carlsbad Municipal Water District Standards, latest edition or revision thereof. Among other actions, but at minimum, Contractor shall review
point-of-connection, pipe layout, hydraulic grade line, pressure design, pipe material, critical bends, valves layout, meters, thrust blocks, stationing, cross-connects with recycled water, hydrant locations, blow-off and manual air release locations, automatic air release locations, depth of pipe, vertical conflicts, easements, accessibility, offset from curb, pressure at each lot, meter sizing, meter location, and fire services. Contractor shall coordinate with City for special design considerations.
7
12. Review public sewer lines and pump station designs against Carlsbad
Municipal Water District Standards, latest edition or revision thereof.
Among other actions, Contractor shall review point-of-connection, sewer
alignment, cleanout locations, access hole placement, depth of sewer,
gravity flow, easements, accessibility, sewer laterals, invert elevations,
vertical conflicts, and sewer lateral tables. Contractor shall coordinate
with City for special design considerations.
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 (during resubmittal). Upon receipt of comments from
affected departments or agency, City staff shall transmit the comments to the Contractor.
8
C. City shall provide the Contractor with the following documents:
1. A copy of "Title 20: Subdivisions" and "Title 15.16: Grading and Erosion
Control" of the Carlsbad Municipal Code, and all revisions as they are
adopted.
A copy of the latest edition of the "Standards for Design and Construction
of Public Works Improvements in the City of Carlsbad." 2.
3. A copy of the latest edition of the "Carlsbad Rules & Regulations for
Construction of Public Potable Water Mains".
4. A copy of the latest edition of the "Carlsbad Reclamation Rules &
Regulations for Construction of Reclaimed Water Mains".
5. A copy of the latest edition of the "Carlsbad Standard Sewer System
Design Criteria and Standard Drawings & Specifications".
6. A copy of any other written policies, standards, or criteria adopted or
used by City applicable to Contractor's planchecking services, as
described above.
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.
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.
9
H. Before improvement plans are assigned to Contractor, City shall review the cost
estimate, as prepared by the Engineer-of-work, and verify the "cost basis" (Basis) for Contractor
fees. Any items included in the cost estimate that the City decides the Contractor should not
review can be removed from the Basis, at the discretion of the City. City shall add remarks on
the plan check assignment sheet informing Contractor not to review specific portions of the
improvement plan. City will reduce the Contractor fees accordingly.
3. PROGRESS AND COMPLETION
Contractor shall complete planchecks according to the following schedule:
1. First plancheck: complete and return to City within fifteen (1 5) workinu davs of
notice to pick UP.
2. Second and third planchecks: complete and return to City within ten (10) workinq days of notice to Dick UD.
3. Mylar: complete and return to City within five (5) workinq davs of notice to Dick
Ye-
4. Construction revisions to grading or improvement plans: complete and return to City within three (3) workinn 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 I'l", Schedule of Fees, except as otherwise provided for in Section 3.
During each year, beginning July 1, 2003, 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.
10
Fee shall become payable according to the following schedule:
First plancheck completed
Second plancheck completed
Third plancheck completed
Plan or map approval and submittal of written certification
40% of total fee
25% of total fee
20% of total fee
15%* of total fee of plancheck
*Actual amount may be adjusted so that 100% of total fee based on City-amroved
quantities orxost estimates (or reductions to the estimate imposed by City) is paid. City
may reduce the final cost estimate used for final payment, if the estimate includes items
not plan checked by Contractor.
5. PAYMENT OF FEES
On the 5'h working day of each month, Contractor shall submit hidher 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.
Contractor shall bill for work performed on an invoice format as provided by the City.
6. 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. Copies of the approved technical documents for City files including, but not
limited to final map, grading plans, improvement plans, plats, legal descriptions, traverse
calculations, Covenents Codes & Restrictions (CC&R's), cost estimates, title reports,
hydrology/hydraulic studies, Storm Water Management Plans, Storm Water Pollution Prevention
Plans, Soils Reports, Geotechnical Reports, slope stability analysis, letter of permission for
offsite work, non interference letters, etc that were reviewed and approved as part of the project.
C. Certification of department approvals (e.g.: Planning, Traffic, Maintenance and
Operations, Design, etc.
11
EXHIBIT "1 I'
SCHEDULE OF FEES
10,001 to 100,000 Cubic Yards
For plancheck of:
$1,700
1. IMPROVEMENT PLANS
Estimated Cost of Improvements
100,001 to 200,000 Cubic Yards
up to $20,000
$50,001 to $1 00,000
$500,001 to . $1,000,000
$20,001 to $50,000
$100,001 to $250,000 $250,001 to $500,000
$1,000,001 and above
$2,600
Contractor Fee
$120 for each additional $10,000 cubic
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% $1 0,000 minimum .75% $1 5,000 minimum
200,001 Cubic Yards or More
2. GRADING PLANS
$4,000 for the first 200,000 cubic yards plus
fraction thereof. for the first 10.000 cubic vards ~lus $90 for each additional 10.000 cubic vards I or fraction thereof.
for the first 100,000 cubic yards plus
3. Final Map
4. Parcel Map
5. Adjustment Plat 6. Certificate of Correction 7. Dedication of Easement
8. Street Vacation (Summary) 9. Street Vacation 10. Quitclaim of Easement
11. Construction Change 12. Certificate of Compliance (in lieu of parcel map) 13. Certificate of Compliance Parcel
Contractor Fee
$2,000 plus $5/acre
$1,250
$450
$200
$250 $400
$400 $250
$200 plus $1 1 O/sheet
$1,250 $200
12
~ ACORDe
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
1 Barney & Barney, LLC - CA License No. OC03950
Barney & Barney, Inc. - CA License No. OC24310
~ P.O. BOX 85638 COMPANIES AFFORDING COVERAGE
A
' San Diego, CA 92186-5638 xv &+- I TRAVELERS INDEMNITY CO. OF ILLINOIS LETTER
CERTIFICATE OF INSURANCE
C
co LTR
-
0830 DATE 5/28/03
JDlTlONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PA10 CLAIMS
TYPE OF INSURANCE 1 POLICYNUMBER I POLICY I POLICYEXPIRATION I LIMITS
GENERAL LIABILITY a COMMERCIAL GENERAL LIABILITY
0 CLAIMS MADE OCCUR w OWNERS (L CONTRACTORS PROT
I
INSURED I COMPANY B NO COVERAGE ON THIS DOCUMENT LFTTER
630 525D5655
Berryman & Henigar Enterprises
Berryman & Henigar, et al
11590 West Bemardo Court #IO0
San Diego, CA 92127-1624
1 213 1 102 1 213 1 I03
C
D
NO COVERAGE ON THIS DOCUMENT
NO COVERAGE ON THIS DOCUMENT
LETTER
LETTER
$"""'2.000.000 GENERAL AGGREGATE
PRODUCTS-COMP/OP AGG $"""'2,0D0.000
0
AUTOMOBILE LIABILITY
I I IMMIDDMY) I oATE(MM'DDm) I 1 EFFECTIVE OATE
FIRE DAMAGE (Any one fire)
MED EXPENSE (Any one person)
COMBINED SINGLE
$""""' 100,000
$**""""" 5,000
A
61 0 525D5655 1 213 1 102 12/31/03
A
LIMIT $"""'1,000,000
BODILY INJURY I
A
(Per person)
BODILY INJURY
A
0 $".."".."""*
UMBRELLA FORM I CUP525D5655 1 12/31/02 1 12/31/03
I
AGGREGATE I $"""'5,000,000
$"""'1,000,000 PERSONAL 8 ADV INJURY
EACHOCCURRENCE 1 $"""'1,000.000
@ ANYAUTO
ALL OWNED AUTOS
0 SCHEDULEDAUTOS
0 HIREDAUTOS
01 I $I.*..... *..* ..... I (Per accidenl) n NON-OWNED AUTOS I I I -
n GARAGE LIABILITY
I
0 PROPERTY DAMAGE ~...*"."..""" I I I
5.000000 I I EACH OCCURRENCE I $"*."' I I I -~ EXCESS LIABILITY
WORKERS' COMPENSATION
AND
EMPLOYERS' LIABILITY
UB 525D5711 (FL) 1/1/03
OTHER
NO COVERAGE
STATUTORY LIMITS I
1/1/04 EACH ACCIDENT I $"""$1 .ooo.ooo
DISEASE. POLICY LIMIT $"""$1 .ooo.ooo
-
DESCRIPTION OF OPERATlONS/LOCATlONSMHlCLES/SPEClAL ITEMS '1 0 days notice Df Cancellation applies to nofl-payment
RE: Engineering Planchecking Services as contracted
CE RTlFl CAT€ H 0 LDE R CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO
City of Carlsbad
Engineering Department, Donna Harvey, Mgmt Asst
1635 Faraday Ave
Carlsbad, CA 92008
MAIL 9 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR
LIABILITY OF ANY KINO UPON THE COMPANY. ITS AGENTS OR
@ilia A. Mora
ACORO 25-S (7190) OACORD CORPORATION 1990
THE CERTIFICATE HOLDER IS NAMED AS ADDITIONAL INSURED PER THE ATTTACHED ENDORSEMENT
Berryman & Henigar Enterprises
Named Insured:
Berryman & Henigar Enterprises
Berryman & Henigar, Inc.
BHE Technical Staffing
BHE Medical Staffing
Vasey Engineering Company, Inc.
Govpa rt ner. corn
Harbor Engineering Company
Schedule of Locations:
1 1590 W. Bernard0 Ct., Ste. 100
San Diego, CA 92127-1624
2001 East First Street
Santa Ana, CA 92705-4020
6150 Stoneridge Mall Road, Ste. 370
Pleasanton, CA 94588-3241
674 NE 5~'~ Street
Crystal River, FL 34429
Harbor Engineering
1615 Huffingham Road
Jacksonville, FL 32216
1414 SW Martin L King Jr Ave.
Ocala, FL 34474-31 29
1221 W. Colonial Drive, Ste. 300
Orlando, FL 32804-71 56
60 E. Third Ave., #240
San Mateo, CA 94403
3200 Commonwealth Blvd., Ste. 101
Tallahassee, FL 32303
1412 Tech Boulevard
Tampa, FL 33619
771 1 Military Trail North, Ste. 2016
Palm Beach Gardens, FL 33410
78-060 Calle Estado, Suite 11
LaQuinta, CA 92253
4840 W. University Avenue, Ste. A-1
Las Vegas, NV 89103-3829
720 3'd Ave., Ste. 1200
Seattle, WA 981 04-1 820
42-2 Cobia Street
Panacea, FL 32346
3006 Fuhrman Avenue East
Seattle, WA 981 02
COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
XTEND ENDORSEMENT
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
GENERAL DESCRIPTION OF COVERAGE - This endorsement broadens coverage. The following listing is a
general coverage description only. Read all the
PROVISIONS of this endorsement carefully to determine rights, duties. and what is and is not covered.
Limitations and exclusions may apply to these coverages.
C.
D.
BLANKET WAIVER OF SUBROGATION
We waive any right to recovery we may have against any person or organization because of payments we make for injury or damage arising out of premises owned or occupied by or rented or loaned to you; ongoing operations performed by you or on your behalf, done under a contract with that
person or organization; "your work"; or "your products". We waive this right only where you have
agreed to do so as part of a written contract, executed by you prior to loss.
OR LESSORS OF PREMISES
WHO IS AN INSURED (Section It) is amended to
include as an insured any person or organization
(referred to below as "additional insured") with
whom you have agreed in a written contract,
executed prior to loss, to name as an additional insured, but only with respect to liability arising out
of the ownership, maintenance or use of that part of
any premises leased to you, subject to the following provisions:
1. Limits of Insurance. The limits of insurance afforded to the additional insured shall be the
limits which you agreed to provide, or the limits shown on the Declarations, whichever is less.
The insurance afforded to the additional insured does not apply to:
a. Any "occurrence" that takes place after you
cease to be a tenant in that premises;
b. Any premises for which coverage is excluded by endorsement: or
c. Structural alternations, new construction or demolition operations performed by or on behalf of such additional insured.
The insurance afforded to the additional insured is excess over any valid and collectible insurance available to such additional insured, unless you have agreed in a written contract for this insurance to apply on a primary or contributory basis.
'
BLANKET ADDITIONAL INSURED - MANAGERS
2.
3.
E. BLANKET ADDITIONAL INSURED - LESSOR OF
LEASED EQUIPMENT
WHO IS AN INSURED (Section II) is amended to include as an insured any person or organization
(referred to below as "additional insured") with whom you have agreed in a written contract, executed prior to loss, to name as an additional
insured, but only with respect to their liability arising out of the maintenance, operation or use by you of
equipment leased to you by such additional insured, subject to the following provisions:
Limits of Insurance. The limits of insurance
afforded to the additional insured shall be the limits which you agreed to provide, or the limits shown on the Declarations, whichever is less.
The insurance afforded to the additional insured does not apply to:
a. Any "occurrence" that takes place after the equipment lease expires; or
b. "Bodily Injury" or "property damage" arising out of the sole negligence of such additional insured.
The insurance afforded to the additional insured
is excess over any valid and collectible insurance available to such additional insured, unless you have agreed in a written contract for this insurance to apply on a primary or contributory basis.
CG D1 86 09 99 Copyright, Insurance Services Office, Inc., 1999 Page 2 of 5
COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BLANKET ADDITIONAL INSURED - OWNERS, LESSEES
OR CONTRACTORS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
A.
B.
PROVISIONS:
WHO IS AN INSURED (SECTION II) is
Additional
a.
apply:
or
b.
amended to include as an insured any person or organization (called hereafter "additional
insured") whom you have agreed in a written
contract, executed prior to loss, to name as
additional insured, but only with respect to
liability arising out of "your work" or your
ongoing operations for that additional insured
performed by you or for you.
With respect to the insurance afforded to
Insureds the following conditions
Limits of Insurance - The following
limits of liability apply,
i. The limits which you
agreed to provide;
ii. The limits shown-on the
declarations, whichever is
less.
This insurance is excess over any
valid and collectible insurance
unless you have
agreed in a written contract for this
insurance to apply on a primary or contributory basis.
C. This insurance does not apply:
a. on any basis to any person or
organization for whom you have
purchased an Owners and
Contractors Protective policy.
b. To "bodily injury", "property
damage," "personal injury," or
"advertising injury" arising out of
the rendering of or the failure to render any professional services
by or for you, including:
i. The preparing, approving
or failing to prepare or
approve maps, drawings,
opinions, reports, surveys,
change. orders, designs or
specifications; and
ii. Supervisory, inspection or
engineering services.
Additional Insured: City of Carlsbad, its officials, employees and volunteers
CG D105 04 94 Copyright, The Travelers Indemnity Company, 1994.
Includes Copyrighted Material from Insurance Services Office, Inc. Page 1 of 1
POLICY NUMBER: 810 525D5655
COMMERCIAL AUTO
ISSUE DATE: 5/28/03
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY
ADDITIONAL INSURED
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM
Paragraph c. of the WHO IS AN INSURED Provision 1. No liability is assumed by that person or
includes the person or organization indicated below, organization for the payment of any premiums but only for his, her or its liability because of acts or stated in the policy or earned under the policy.
omissions of an "insured" under paragraphs a. orb. of that provision, subject to the following additional provisions:
2. In the event of cancellation of the policy, written notice of cancellation will be mailed by us to that person or organization.
Person or Organization
The City of Carlsbad, Engineering Dept.
Address
1635 Faraday Ave, Carlsbad, CA 92008
CA 13 01 02 99 Page 1 of 1
PRODUCER
Dealey, Renton & Associates
P. 0. Box 10550
Santa Ana, CA 92711-0550
71 4 427-681 0
INSURED
Berryman 81 Henigar Enterprises
11590 W. Bernard0 Court, #lo0
San Diego, CA 92127-1624
THIS CERTIFICATE IS ISSUED AS A MAlTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE -
INSURERA: Security Ins. Co. of Hartford // 4 c/
INSURER 8:
SR TR
I INSURER C: I
POLICY EFFECTIVE TYPE OF INSURANCE POLICY NUMBER DATE (MNVDWYYI
GENERAL LIABILITY -
COMMERCIAL GENERAL LIABILITY
I INSURER D: I
I LIMITS
I I INSURER E: I
EACHOCCURRENCE
FIRE DAMAGE (Any one fire)
ME0 EXP (Any one person)
PERSONAL 8 ADV INJURY
GENERAL AGGREGATE
PRODUCTS -COMPK)P AGG
:OVERAGES
s
$
$
$
$
$
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
AUTO ONLY . EA ACC
OTHERTHAN AUTO ONLY:
EACHOCCURRENCE
AGGREGATE
DENT $
$
AGG $
s
$
n I I
11/21/03
2
GEN'L AGGREGATE LIMITAPPLIES PER: 7 poLlcy~~~~ T n LOC
AUTOMOBILE LIABILITY
ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON-OWNED AUTOS
$ WC STATU- OTH- TORY LIMITS
E.L. EACH ACCIDENT 5
E.L. DISEASE. EA EMP .OYEE $
E.L. DISEASE -POLICY LIMIT S
$1,000,000 Per Claim
$2,000,000 Ann1 Aggr.
GARAGE LIABILITY
ANY AUTO k
AEE0227989
EXCESS LIABILITY 3 OCCUR c] CLAIMS MADE
DEDUCTIBLE
RETENTION $
WORKERS COMPENSATION AND EMPLOYERS LIABILITY
11/21/02 4 + OTHER Professional
iability
ESCRlPTlON OF DPERATIONS/LOCATIONYEHlCLES/EXCLUSlONS ADDED BY ENDORSEMENTBPECIAL PROVlSl le: Engineering Plan Checking Services as contracted. (Job# 15954.00)
I
I I I
BODILY INJURY (Per person)
BODILY INJURY (Per accident)
PROPERTY DAMAGE (Per accident)
City of Carlsbad
Att: Donna Harvey, Mgmt Assistant
1635 Faraday Avenue
Carlsbad, CA 92008
Engineering Department NOTICETOTHE CERTIFICATE HOLDERNWEDTOTHE LEFT,
00 Y
all
PWENG373
AGREEMENT FOR
ENGINEERING PLANCHECKING SERVICES
(POST, BUCKLEY, SCHUH & JERNIGAN, INC.)
THIS AGREEMENT is made and entered into as of the 5d day of , 20@, by and between the CITY OF CARLSBAD, a municipal
corporation, ("City"), and POST, BUCKLEY, SCHUH & JERNIGAN, INC., a Florida
Corporation, ("Contractor").
JIMG
RECITALS
A. City requires the professional services of a contractor that is experienced
B. Contractor has the necessary experience in providing professional
C. Selection of Contractor is expected to achieve the desired results in an
D. Contractor has submitted a proposal to City and has affirmed its
in engineering plancheck services.
services and advice related to engineering plancheck services.
expedited fashion.
willingness and ability to perform such work.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, City and Contractor agree as follows:
1. SCOPE OF WORK
City retains Contractor to perform, and Contractor agrees to render, those services
(the "Services") that are defined in attached Exhibit "A", which is incorporated by this
reference in accordance with this Agreement's terms and conditions.
2. STANDARD OF PERFORMANCE
While performing the Services, Contractor will exercise the reasonable professional
care and skill customarily exercised by reputable members of Contractor's profession
practicing in the Metropolitan Southern California Area, and will use reasonable
diligence and best judgment while exercising its professional skill and expertise.
3- - TERM
The term of this Agreement will be effective for a period of one (1) year from the date
first above written. The City Manager may amend the Agreement to extend it for
three (3) additional one (1) year periods or parts thereof in an amount not to exceed
three hundred fifty thousand dollars ($350,000) per Agreement year. Extensions will be
based upon a satisfactory review of Contractor's performance, City needs, and
appropriation of funds by the City Council. The parties will prepare a written amendment
indicating the effective date and length of the extended Agreement.
4.
Time is of the essence for each and every provision of this Agreement.
TIME IS OF THE ESSENCE
City Attorney Approved Version #04.01.02
1
5. COMPENSATION
The fees payable to Contractor for Engineering Plancheck Services shall be made as
outlined in attached Exhibit "A".
6. STATUS OF CONTRACTOR
Contractor will perform the Services in Contractor's own way as an independent
contractor and in pursuit of Contractor's independent calling, and not as an employee of
City. Contractor will be under control of City only as to the result to be accomplished,
but will consult with City as necessary. The persons used by Contractor to provide
services under this Agreement will not be considered employees of City for any
purposes.
The payment made to Contractor pursuant to the Agreement will be the full and
complete compensation to which Contractor is entitled. City will not make any federal or
state tax withholdings on behalf of Contractor or its agents, employees or
subcontractors. City will not be required to pay any workers' compensation insurance or
unemployment contributions on behalf of Contractor or its employees or subcontractors.
Contractor agrees to indemnify City within thirty (30) days for any tax, retirement
contribution, social security, overtime payment, unemployment payment or workers'
compensation payment which City may be required to make on behalf of Contractor or
any agent, employee, or subcontractor of Contractor for work done under this
Agreement. At the City's election, City may deduct the indemnification amount from any
balance owing to Contractor.
7. SUBCONTRACTING
Contractor will not subcontract any portion of the Services without prior written approval
of City. If Contractor subcontracts any of the Services, Contractor will be fully
responsible to 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 Agreement will create any contractual relationship between any subcontractor of
Contractor and City. Contractor will be responsible for payment of subcontractors.
Contractor will bind every subcontractor and every subcontractor of a subcontractor by
the terms of this Agreement applicable to Contractor's work unless specifically noted to
the contrary in the subcontract and approved in writing by City.
8. OTHER CONTRACTORS
The City reserves the right to employ other Contractors in connection with the Services.
9.
Contractor agrees to indemnify and hold harmless the City 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 in whole or in part by any willful misconduct or negligent act or omission of the
Contractor, any subcontractor, anyone directly or indirectly employed by any of them or
anyone for whose acts any of them may be liable.
I N DE M N I FI CAT10 N
City Attorney Approved Version #04.01.02
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The parties expressly agree that any payment, attorney's fee, costs or expense City
incurs or makes to or on behalf of an injured employee under the City's self-
administered workers' compensation is included as a loss, expense or cost for the
purposes of this section, and that this section will survive the expiration or early
termination of this Agreement.
10. INSURANCE
Contractor will obtain and maintain for the duration of the Agreement 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 services by Contractor
or Contractor's agents, representatives, employees or subcontractors. The insurance
will 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".
10.1 Coveraqes and Limits.
Contractor will maintain the types of coverages and minimum limits indicated below,
unless City Attorney or City Manager approves a lower amount. These minimum
amounts of coverage will not constitute any limitations or cap on Contractor's
indemnification obligations under this Agreement. City, its officers, agents and
employees make no representation that the limits of the insurance specified to be
carried by Contractor pursuant to this Agreement are adequate to protect Contractor.
If Contractor believes that any required insurance coverage is inadequate, Contractor
will obtain such additional insurance coverage, as Contractor deems adequate,
at Contractor's sole expense.
10.1.1 Commercial General Liability Insurance. $1,000,000 combined
single-limit per occurrence for bodily injury, personal injury and property damage. If the
submitted policies contain aggregate limits, general aggregate limits will apply
separately to the work under this Agreement or the general aggregate will be twice the
required per occurrence limit.
10.1.2 Automobile Liability (if the use of an automobile is involved for
Contractor's work for City). $1,000,000 combined single-limit per accident for bodily
injury and property damage.
10.1.3 Workers' Compensation and Emplover's Liabilitv. Workers'
Compensation limits as required by the California Labor Code and Employer's Liability
limits of $1,000,000 per accident for bodily injury. Workers' Compensation and
Employer's Liability insurance will not be required if Contractor has no employees and
provides, to City's satisfaction, a declaration stating this.
10.1.4 Professional Liabilitv. Errors and omissions liability appropriate to
Contractor's profession with limits of not less than $1,000,000 per claim. Coverage must
be maintained for a period of five years following the date of completion of the work.
City Attorney Approved Version #04.01.02 3
10.2. Additional Provisions. Contractor will ensure that the policies of insurance
required under this Agreement contain, or are endorsed to contain, the following
provisions:
10.2.1 The City will be named as an additional insured' on General
Liability.
10.2.2 Contractor will obtain occurrence coverage, excluding Professional
Liability, which will be written as claims-made coverage.
10.2.3 This insurance will be in force during the life of the Agreement and
any extensions of it and will not be canceled without thirty (30) days prior written notice
to City sent by certified mail pursuant to the Notice provisions of this Agreement.
10.3 Providina Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to
City.
10.4 Failure to Maintain Coveraae. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing
policies in order to maintain the required coverages. Contractor is responsible for any
payments made by City to obtain or maintain insurance and City may collect these
payments from Contractor or deduct the amount paid from any sums due Contractor
under this Agreement.
10.5 Submission of Insurance Policies. City reserves the right to require, at anytime, complete and certified copies of any or all required insurance policies and
endorsements.
11. BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time.
12. ACCOUNTING RECORDS
Contractor will maintain complete and accurate records with respect to costs incurred
under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of City during normal business hours to examine, audit, and make
transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.
13. OWNERSHIP OF DOCUMENTS
All work product produced by Contractor or its agents, employees, and subcontractors
pursuant to this Agreement is the property of City. In the event this Agreement is
terminated, all work product produced by Contractor or its agents, employees and
subcontractors pursuant to this Agreement will be delivered at once to City. Contractor
will have the right to make one (1) copy of the work product for Contractor's records.
City Attorney Approved Version #04.01.02
4
14. COPYRIGHTS
Contractor agrees that all copyrights that arise from the services will be vested in City
and Contractor relinquishes all claims to the copyrights in favor of City.
15. NOTICES
The name of the persons who are authorized to give written notices or to receive written
notice on behalf of City and on behalf of Contractor under this Agreement.
For City: For Contractor:
Name Robert J. Wojcik
Title Deputy City Engineer -- Dept Engineering
City of Carlsbad
-~ ha Address 1635 Faraday Avenue Address \qc MA[.fi&
Carlsbad, CA 92008 2 wi 9\AU
Phone No. (760) 602-2733 Phone No. 7bQ 773’ rl\ .13
Each party will notify the other immediately of any changes of address that would
require any notice or delivery to be directed to another address.
16. CONFLICT OF INTEREST
City will evaluate Contractor’s duties pursuant to this Agreement to determine whether
disclosure under the Political Reform Act and City’s Conflict of Interest Code is required
of Contractor or any of Contractor’s employees, agents, or subcontractors. Should it be
determined that disclosure is required, Contractor or Contractor’s affected employees,
agents, or subcontractors will complete and file with the City Clerk those schedules
specified by City and contained in the Statement of Economic Interests Form 700.
Contractor, for Contractor and on behalf of Contractor’s agents, employees,
subcontractors and consultants warrants that by execution of this Agreement, that they
have no interest, present or contemplated, in the projects affected by this Agreement.
Contractor further warrants that neither Contractor, nor Contractor’s agents, employees,
subcontractors and consultants have any ancillary real property, business interests or
income that will be affected by this Agreement or, alternatively, that Contractor will file
with the City an affidavit disclosing this interest.
17. GENERAL COMPLIANCE WITH LAWS
Contractor will keep fully informed of federal, state and local laws and ordinances and
regulations which in any manner affect those employed by Contractor, or in any way
affect the performance of the Services by Contractor. Contractor will at all times observe
and comply with these laws, ordinances, and regulations and will be responsible for the
compliance of Contractor’s services with all applicable laws, ordinances and regulations.
Contractor will be aware of the requirements of the Immigration Reform and Control Act
of 1986 and will comply with those requirements, including, but not limited to, verifying
the eligibility for employment of all agents, employees, subcontractors and consultants
that the services required by this Agreement.
5 City Attorney Approved Version #04.01.02
18. DISCRIMINATION AND HARASSMENT PROHIBITED
Contractor will comply with all applicable local, state and federal laws and regulations
prohibiting discrimination and harassment.
19. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following
procedure will be used to resolve any questions of fact or interpretation not otherwise
settled by agreement between the parties. Representatives of Contractor or City will
reduce such questions, and their respective views, to writing. A copy of such
documented dispute will be forwarded to both parties involved along with recommended
methods of resolution, which would be of benefit to both parties. The representative
receiving the letter will reply to the letter along with a recommended method of
resolution within ten (1 0) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The City Manager will consider the facts and solutions recommended by each
party and may then opt to direct a solution to the problem. In such cases, the action of
the City Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law.
20. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services,
City may terminate this Agreement for nonperformance by notifying Contractor by
certified mail of the termination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five
(5) business days to deliver any documents owned by City and all work in progress to City address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement.
Either party upon tendering thirty (30) days written notice to the other party may
terminate this Agreement. In this event and upon request of City, Contractor will
assemble the work product and put it in order for proper filing and closing and deliver it
to City. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be
made.
21. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for 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, City will have the right to annul
this Agreement without liability, or, in its discretion,
or consideration, or otherwise recover, the full
percentage, brokerage fees, gift, or contingent fee.
to deduct from the Agreement price amount of the fee, commission,
City Attorney Approved Version #04.01.02
6
22. CLAIMS AND LAWSUITS
By signing this Agreement, Contractor agrees that any Agreement claim submitted to
City must be asserted as part of the Agreement process as set forth in this Agreement
and not in anticipation of litigation or in conjunction with litigation. Contractor
acknowledges that if a false claim is submitted to City, it may be considered fraud and
Contractor may be subject to criminal prosecution. Contractor acknowledges that
California Government Code sections 12650 et sea, the False Claims Act applies to
this Agreement and, 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 City seeks to recover penalties pursuant to the False Claims Act, it is
entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges
that the filing of a false claim may subject Contractor to an administrative debarment
proceeding as the result of which Contractor may be prevented to act as a Contractor
on any public work or improvement for a period of up to five (5) years. Contractor
acknowledges debarment by another jurisdiction is grounds for City to terminate this
Agreement.
23. JURISDICTIONS AND VENUE
Any action at law or in equity brought by either of the parties for the purpose of
enforcing a right or rights provided for by this Agreement will be tried in a court of
competent jurisdiction in the County of San Diego, State of California, and the parties
waive all provisions of law providing for a change of venue in these proceedings to any
other county.
24. SUCCESSORS AND ASSIGNS
It is mutually understood and agreed that this Agreement will be binding upon City and
Contractor and their respective successors. Neither this Agreement or any part of it nor
any monies due or to become due under it may be assigned by Contractor without the
prior consent of City, which shall not be unreasonably withheld.
25. ENTIRE AGREEMENT
This Agreement, together with any other written document referred to or contemplated
by it, along with thepurchase order for this Agreement and its provisions, embody the
entire Agreement and understanding between the parties relating to the subject matter
of it. In case of conflict, the terms of the Agreement supersede the purchase order.
Neither this Agreement nor any of its provisions may be amended, modified, waived or
discharged except in a writing signed by both parties.
\\\
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City Attorney Approved Version #04.01.02
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26. AUTHORITY
The individuals executing this Agreement and the instruments referenced in it on behalf
of Contractor each represent and warrant that they have the legal power, right and
actual authority to bind Contractor to the terms and conditions of this Agreement.
CONTRACTOR
POST, BUCKLEY, SCHUH &
JERNIGAN, INC., a Florida
Corporation
(sign here) ATTEST:
-- (print namdtitle) J
*'By:
City Clerk
(sign here)
(print namdtitle)
If required by City, proper notarial acknowledgment of execution by contractor
must be attached. If a Corporation, Agreement must be signed by one corporate
officer from each of the following two groups.
*Group A.
Chairman,
President, or
Vice-president
**Group B.
Secretary,
Assistant Secretary,
CFO or Assistant Treasurer
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, City Attorney
By:
uty City Attorney
LORRAINE M. W&D
City Attorney Approved Version #04.01.02
8
EXHIBIT “AI
ENGINEERING PLANCHECKING SERVICES
1. CONTRACTOR’S OBLIGATIONS
The Contractor shall provide qualified professional engineering plancheck services in
accordance with the “Project Engineer’s Manual”, latest edition, as published by the City’s
Engineering Department, City “Standards for Design & Construction of Public Works
Improvements in the City of Carlsbad and shall provide 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 or site plan.
4. Determine if the general format for the plan is in conformance with City of
Carlsbad requirements, or modifications thereof.
5. Check hydrology and hydraulic calculations, and the design of the storm
drain system in conformance with the City standards, or modifications
thereof.
6. Determine any diversions, concentrations or increases in drainage flow,
and any potential for damage to off-site property resulting from such
drainage. If so, ensure project mitigates such diversions, concentrations,
or increases in drainage flow. Check for adequate capacity of inlets,
curbs, brow ditches and down drains.
7. Determine requirements for easements necessary to encompass the
facility and whether they have been obtained before plan approval.
8. Determine if any work is proposed that requires a temporary construction
or slope easement necessary to construct the improvements.
Easements must be obtained prior to plan approval.
1
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
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. All agency approvals must be
obtained prior to City approval.
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.
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, list of quantities, and
contingencies between the engineer's cost estimate and the plans.
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 project-related improvement documents filed at the
City.
2
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.
20. Review project against latest State Storm Water Quality Regulations and
ensure project is incorporating post-development Best Management
Practices (BMP) measures to verify that pollutants of concern are
identified and that treatment BMP’s meet numeric sizing criteria pursuant
to Order 2001 -01 , or latest version. Review and require project Storm
Water Management Plans (SWMP), when required per Order 2001 -01.
21. Review Storm Water Pollution Prevention Plans (SWPPP’s), when
required per State Regional Water Quality Control Board regulations,
latest version. Ensure that project SWPPP’s identify the construction
BMP’s to be implemented during the course of the project. Utilize
checklists, prepared by the California Regional Water Quality Control
Board, to verify content and organization of SWPPP’s.
6. 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
Ca rlsbad requirements.
6. 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 recommendations on necessity for
additional soils review and review any such additional soils reports that
are submitted.
7. Compare the grading plan with the grading shown on any and all
discretionary approvals and the conditions thereto applied by the
appropriate City body.
8. Compare the grading plan with the improvement plans for the project.
9. Compare the grading plan with the approved environmental information.
3
10. Check for the following technical items:
a.
b.
C.
d.
e.
f.
g.
h.
i.
i.
k.
1.
m.
n.
0.
Setback from property line;
Identification of property and easement lines;
Amounts noted for excavation, fill, import, export, remedial (cubic
yards);
Cut slope and fill slope inclination 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 or slope;
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.
Verify compliance with City Ordinances, Standards, policies and
resolutions that apply to the subject plans.
Good engineering practice.
11. Check hydrology and hydraulic calculations, and the design of the
drainage system for conformance with City Standards, or modifications
thereof.
12. 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 inlets, curbs, brow ditches and
down drains.
13. Check for non-erosive velocities at point of discharge or adequate energy
dissipation.
4
14.
15.
16.
17.
18.
19.
Review erosion control plans and check for conformance with the
SWPPP, California BMP Handbook, Municipal Code, and California
Regional Board requirements.
Check landscape plans for conformance to the grading plans and for
conformance with intersection sight corridors and corner cut-offs. Verify
large trees are not proposed over proposed public facilities.
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 and that they
are consistent with any improvement plans, final map, and other adjacent
project-related 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.
Review project against latest State Storm Water Quality Regulations and
ensure project is incorporating post-development BMP measures to verify
that pollutants of concern are identified and that treatment BMP’s meet
numeric sizing criteria pursuant to Order 2001 -01 , or latest version.
Review and require project Storm Water Management Plans (SWMP),
when required per Order 2001 -01.
Review Storm Water Pollution Prevention Plans (SWPPP’s), when
required per State Regional Water Quality Control Board regulations,
latest version. Ensure that project SWPPP’s identify the construction
BMP’s to be implemented during the course of the project. Utilize checklists, prepared by the California Regional Water Quality Control
Board, to verify content and organization of SWPPP’s.
C. CHECKING FINAL MAPS AND PARCEL MAPS
Contractor shall perform the following;
1. Review submittal for completeness.
2. Determine that the map is in conformance with applicable conditions of
approval and the approved tentative map or Tentative Parcel Map.
3. Check that the format’ is in compliance with the City of Carlsbad
Municipal Code Section 20, and County Map Processing Manual, latest
version, or any modifications thereof.
4. 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.
5. Check traverse closure for lots, blocks, boundaries and .easements for
acceptable closure.
6. Check all easements to which the lots are subject, including use and
reference if already of record.
7. Check legal descriptions and plats for any off-site easements; check
ownership against title reports, and prepare deed in conformance with
City format.
8. 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.
9. 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 dedication;
b. Engineer's or Surveyor's Statement;
c. City Engineer's Statement of Approval;
d. City Clerk's Certificate of Approval by City Council and Acceptance
of Offer of Dedication; and
e. Such other affidavits, certificates, acknowledgements,
endorsements, and notarial seals as required by the Subdivision
Map Act and the Carlsbad Municipal Code.
f. Signature omission statement
10. 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.
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 project-related 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.
13. Check that the basis of bearings for the survey is in NAD 83 coordinates
pursuant to the City of Carlsbad Digital Submittal Requirements and
County Map Processing Manual.
6
14. Verify signature authorization against the title sheet of map to verify the signature(s) listed are authorized to bind the company or entity of the owner.
D. CHECKING WATER, SEWER AND RECYCLED WATER IMPROVEMENT
PLANS
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
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 Carlsbad Municipal Water District's (CMWD's) checklist, 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 obtaineddedicated.
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.
Review plancheck submittals with City staff to discuss significant review comments and/or unresolved issues.
Review public potable water distribution and transmission mains, laterals,
booster pump stations, and pressure reducing stations designs against
Carlsbad Municipal Water District Standards, latest edition or revision thereof. Among other actions, but at minimum, Contractor shall review point-of-connection, pipe layout, hydraulic grade line, pressure design, pipe material, critical bends, valves layout, meters, thrust blocks, stationing, cross-connects with recycled water, hydrant locations, blow-off and manual air release locations, automatic air release locations, depth
of pipe, vertical conflicts, easements, accessibility, offset from curb, pressure at each lot, meter sizing, meter location, and fire services. Contractor shall coordinate with City for special design considerations.
7
12. Review public sewer lines and pump station designs against Carlsbad
Municipal Water District Standards, latest edition or revision thereof.
Among other actions, Contractor shall review point-of-connection, sewer
alignment, cleanout locations, access hole placement, depth of sewer,
gravity flow, easements, accessibility, sewer laterals, invert elevations,
vertical conflicts, and sewer lateral tables. Contractor shall coordinate
with City for special design considerations.
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.
6. Prior or concurrent with forwarding of the plans to the Contractor, City staff shall
route to each affected department or agency, a complete set of plans and include the following
as a minimum: copy of conforming tentative map or other discretionary approval, copies of all
applicable resolutions showing the conditions of. approval, cost estimate, associated studies,
corrected plans and previous checkprints (during resubmittal). Upon receipt of comments from
affected departments or agency, City staff shall transmit the comments to the Contractor,
8
C. City shall provide the Contractor with the following documents:
1. A copy of "Title 20: Subdivisions" and "Title 15.16: Grading and Erosion
Control" of the Carlsbad Municipal Code, and all revisions as they are
adopted.
2. A copy of the latest edition of the "Standards for Design and Construction
of Public Works Improvements in the City of Carlsbad."
3. A copy of the latest edition of the "Carlsbad Rules & Regulations for
Construction of Public Potable Water Mains".
4. A copy of the latest edition of the "Carlsbad Reclamation Rules &
Regulations for Construction of Reclaimed Water Mains".
5. A copy of the latest edition of the "Carlsbad Standard Sewer System
Design Criteria and Standard Drawings & Specifications".
6. A copy of any other written policies, standards, or criteria adopted or
used by City applicable to Contractor's planchecking services, as
described above.
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.
Collect the necessary fees, securities and deposits required for the project from
I
E.
the applicant.
F. Provide Contractor with access, use of City project files, data printouts, and
conference rooms as appropriate.
G. Nothing in this agreement shall be construed to obligate City to provide any work
to the Contractor. City reserves the right, at its sole discretion, to assign plans for checking to
Contractor, to perform planchecks with its own forces, or to assign plans for checking to another
consulting firm.
9
H. Before improvement plans are assigned to Contractor, City shall review the cost
estimate, as prepared by the Engineer-of-work, and verify the "cost basis" (Basis) for Contractor
fees. Any items included in the cost estimate that the City decides the Contractor should not
review can be removed from the Basis, at the discretion of the City. City shall add remarks on
the plan check assignment sheet informing Contractor not to review specific portions of the
improvement plan. City will reduce the Contractor fees accordingly.
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 days of notice to pick UD.
2. Second and third planchecks: complete and return to City within ten (10) working
daw of notice to pick UP.
Mylar: complete and return to City within five (5) workina days of notice to Dick
42.
3.
4. Construction revisions to grading or improvement plans: complete and return to City within three (3) working days of notice to Dick 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 "i", Schedule of Fees, except as otherwise provided for in Section 3.
During each year, beginning July 1, 2003, 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.
10
Fee shall become payable according to the following schedule:
First plancheck completed
Second plancheck completed
Third plancheck completed
Plan or map approval and submittal of written certification
40% of total fee
25% of total fee
20% of total fee
15%* of total fee of plancheck
*Actual amount may be adjusted so that 100% of total fee based on Citv-amroved
quantities or cost estimates (or reductions to the estimate imposed by City) is paid. City
may reduce the final cost estimate used for final payment, if the estimate includes items
not plan checked by Contractor.
5. PAYMENT OF FEES
On the 5” working day of each month, Contractor shall submit hidher 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.
Contractor shall bill for work performed on an invoice format as provided by the City.
6. 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.
6. Copies of the approved technical documents for City files including, but not
limited to final map, grading plans, improvement plans, plats, legal descriptions, traverse
calculations, Covenents Codes & Restrictions (CC&R’s), cost estimates, title reports,
hydrology/hydraulic studies, Storm Water Management Plans, Storm Water Pollution Prevention
Plans, Soils Reports, Geotechnical Reports, slope stability analysis, letter of permission for
offsite work, non interference letters, etc that were reviewed and approved as part of the project.
C. Certification of department approvals (e.g.: Planning, Traffic, Maintenance and
Operations, Design, etc.
11
EXHIBIT "1
SCHEDULE OF FEES
101 Cubic Yards or Less 101 to 1,000 Cubic Yards
1,001 to 10,000 Cubic Yards
For plancheck of:
$1 00 $400
$1,000
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
1. IMPROVEMENT PLANS
Estimated Cost of Improvements Contractor Fee
10.001 to 100.000 Cubic Yards
up to $20,001 to
$100,001 to
$1,000,001
$50,001 to
$250,001 to $500,001 to
$1,700 I for the first 10,000 cubic yards plus $90
2. GRADING PLANS
100,001 to 200,000 Cubic Yards
200,001 Cubic Yards or More
$20,000 $50,000 $1 00,000 $250,000 $500,000 $1,000,000 and above
for each additional 10,000 cubic yards or fraction thereof. for the first 100,000 cubic yards plus $120 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.
$2,600
$4,000
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% $1 0,000 minimum .75% $1 5,000 minimum
' ,.I' Amount ' "Fe& I 1
3.
4. 5.
6.
7.
8.
9.
Final Map Parcel Map Adjustment Plat
Certificate of Correction Dedication of Easement Street Vacation (Summary) Street Vacation
Contractor Fee
$2,000 plus $5/acre $1,250
$450
$200
$250 $400
$400 10. Quitclaim of Easement $250 11. Construction Change $200 plus $1 1 Okheet
12. Certificate of Compliance (in lieu of parcel map) $1,250 $200 13. Certificate of Compliance Parcel
12
CALIFORNIA ALL=PURPOSE ACKNOWLEDGMENT
I State of California I ss. County of
On a.? Ldh? , before me,
%Date 2 Name and Title of ORicer (e g , "Ja&Joe. Notary Public") n
personally appeared wcud 6. Cu,PlcA- - ,
Narne(6of Sgner(s)
ersonally known to me -$" 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 he/she/they executed
the same in hislherltheir 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.
7
Place Notary Seal Above
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
0 Individual
0 Corporate Officer -Title@):
0 Partner - 0 Limited 0 General
0 Attorney in Fact
0 Trustee
0 Guardian or Conservator
0 Other:
Signer Is Representing:
0 1999 National Nolary Asswiatlon - 9350 De Sofo Am.. PO. Box 2402 * Chatsworth, CA 91313-2402 *nvw!!alionalnotary.org Prod. No. 5907 Reorder Call Toll-Free 1-800-876-6827
I CONFERS NO RlGATS UPON THE CERTIRCA'IB HOLDER. TKAS CERTIFTCATE
DOES NOT AMEND. EXCEM) OR ALTER THE COVERAGE AFFORDED BY TKE
POLICIES BELOW
Collinsworth, Alter, Nielson,
Fowler & Dowlina,lnc. IWMCIDIA)
5979 NW 151 Street, Suite 105
Miami Lakes, FL 33014 LETTER A Continental Casualty Co A XV
Post Buckley Schuh & Jernigan
Inc. dlbla PowelllPBSLJ
2001 NW 107 Avenue
TYPE OF PIISUR*NCE POLICY NUMBER
AJL OWNED AUTOS
GARACE WBILITY
BE21 3 1608 EXCESS LIABlLlTW
wc247a4326a WORKERS COMPENSATION
AND
EMPLOYER'S LlALULlTY
OTHER P42302
Professional1
Pollution Liab
Claims-Made Form
9130102
9130102
9130102
IAMED ABOVE FOR THE POLICY PERIOD VMGMWITHRESF'ECTTOWHICHTBIS KIN IS SUBJECT TO ALL TKE T%BMS,
CmW A-CAm 2000000
2000000 PZODCOMP/OP ACG.
mRs & ADV. WVRY 1000000
EACH OCCURRENCE 1000000
RREDAMAGE(0nePCrr) 1000000
MED. Em. (olrr Rd 25000
MMBPW SMGLE 1000000 LIMIT
9/30/03
9130103
BODILY WVRY
PROPERTY DAMAGE
$1 ,000,000 limits
ea clairnlannual agg I
DESCRJ'FTXON OF Ol%RATIONS/LOCATIONSIYEAICLES/SPECIAL ITEMS RE: All Operations
SEE ATTACHED I
I
i
City of Carlsbad, California
Attn: Donna Harvey
!SHOULD ANT OF THE ABOVE DESCRIBED POLICIIIES BE CANCELLED BEFORE TBE
EXPIRATlON DATE TREREOF, THE ISSUING COMPANY WlI-4, ENDEAVOR TO
MAIL 30
LEFT, BUT FAILURE TO Ma SUCH NOTICE SRALL IMPOSE NO OBLIGATION OR
LIABILITY OF ANY KIM) UPON THE COMPANY, ITS AGENTS OR REPRESENTATCYES.
DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
1635 Faraday Drive
AVTHORKZED RE
NAMED INSURED: Post, Buckley, Suhuh & Jernigan, Inc. d/b/a Powell
PBS&J
CERTIFICATE HOLDER: City of Carlsbad, it's Officials, Employees, and
Volunteers.
'City of Carlsbad ,it's Officials, Employees, and Volunteers are named additional insured on the general liablity, excluding professional
services.
Insurance evidenced by this certificate shall be primary.
Issuing companies will provide 30 days of cancellation, non-renewal and/or materia; reduction of coverage/lirnits.
f ieral Liability contains waiver of subrogation in favor of City of C-rlsbad, it's officials, employees, and volunteers.
E ; SIG DESCRlFTlON
Setvices, Not Efsewhere Qassified
POST, BUCKLEV, SCHUH 8 JEF?NIGAN, IN
+ CA 92024-3746
KEEP FOR YOUR RECORDS
BUSINESS TAX RECEIPT
Bus. NO. 121 1589
DATEISSUED ,
12/24/2002
08.160 $50.00
$0.00 BALANCE
TAXES PAID IN ACCORDANCE WITH CITY BUSINESS TAX ORDINANCE
CITY OF CARLSBAD
c
CORPORATE RESOLUTION
OF
POST, BUCKLEY, SCHUH & JERNIGAN, INC.,
d/b/a PBS&J
At a regularly scheduled meeting of the Board of Directors of POST,
BUCKLEY, SCHUH & JERNIGAN, WC., d/b/a PBS&J on January20,2001
at which a quorum was present and voting, the following resolution was
approved,
RESOLVED, that the beIow named officers are authorized to execute
documents on behalf of Post, Buckley, Schuh & Jernigan, Inc., d/b/a PBS&J:
John M. Powell
Gasper A. Chifici Vice President
Paul E. Cooley Vice President
Charles A. Griffin, Jr. Vice President
Lawrence D. Pierce Vice President
Senior Vice President
Date: February 8.2001
' Richaid M. Grubel, Secretary
PWENG370
AGREEMENT FOR
ENGINEERING PLANCHECKING SERVICES
(GVP CONSULTANTS)
THIS AGREEMENT is made and entered into as of the /o day of
, 20&, by and between the CITY OF CARLSBAD, a municipal 3iNG
corporation, ("City"), and GVP CONSULTANTS, a sole proprietor, ("Contractor").
RECITALS
A. City requires the professional services of a contractor that is experienced
B. Contractor has the necessary experience in providing professional
C. Selection of Contractor is expected to achieve the desired results in an
D. Contractor has submitted a proposal to City and has affirmed its
in engineering plancheck services.
services and advice related to engineering plancheck services.
expedited fashion.
willingness and ability to perform such work.
NOW, THEREFORE] in consideration of these recitals and the mutual covenants
contained herein, City and Contractor agree as follows:
1. SCOPE OF WORK
City retains Contractor to perform, and Contractor agrees to render, those services
(the "Services") that are defined in attached Exhibit "A, which is incorporated by this
reference in accordance with this Agreement's terms and conditions.
2. STANDARD OF PERFORMANCE
While performing the Services, Contractor will exercise the reasonable professional
care and skill customarily exercised by reputable members of Contractor's profession
practicing in the Metropolitan Southern California Area, and will use reasonable
diligence and best judgment while exercising its professional skill and expertise.
TERM 3- - The term of this Agreement will be effective for a period of one (1) year from the date
first above written. The City Manager may amend the Agreement to extend it for
three (3) additional one (1) year periods or parts thereof in an amount not to exceed
two hundred fifty thousand dollars ($250,000) per Agreement year. Extensions will be
based upon a satisfactory review of Contractor's performance, City needs, and
appropriation of funds by the City Council. The parties will prepare a written amendment
indicating the effective date and length of the extended Agreement.
4.
Time is of the essence for each and every provision of this Agreement.
TIME IS OF THE ESSENCE
City Attorney Approved Version #04.01.02
1
5. COMPENSATION
The fees payable to Contractor for Engineering Plancheck Services shall be made as - outlined in attached Exhibit "A". -
6. STATUS OF CONTRACTOR
Contractor will perform the Services in Contractor's own way as an independent
contractor and in pursuit of Contractor's independent calling, and not as an employee of
City. Contractor will be under control of City only as to the result to be accomplished,
but will consult with City as necessary. The persons used by Contractor to provide
services under this Agreement will not be considered employees of City for any
purposes.
The payment made to Contractor pursuant to the Agreement will be the full and
complete compensation to which Contractor is entitled. City will not make any federal or
state tax withholdings on behalf of Contractor or its agents, employees or
subcontractors. City will not be required to pay any workers' compensation insurance or
unemployment contributions on behalf of Contractor or its employees or subcontractors.
Contractor agrees to indemnify City within thirty (30) days for any tax, retirement
contribution, social security, overtime payment, unemployment payment or workers'
compensation payment which City may be required to make on behalf of Contractor or
any agent, employee, or subcontractor of Contractor for work done under this
Agreement. At the City's election,.City may deduct the indemnification amount from any
balance owing to Contractor.
7. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval
of City. If Contractor subcontracts any of the Services, Contractor will be fully
responsible to 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 Agreement will create any contractual relationship between any subcontractor of
Contractor and City. Contractor will be responsible for payment of subcontractors.
Contractor will bind every subcontractor and every subcontractor of a subcontractor by
the terms of this Agreement applicable to Contractor's work unless specifically noted to
the contrary in the subcontract and approved in writing by City.
8. OTHER CONTRACTORS
The City reserves the right to employ other Contractors in connection with the Services.
9. INDEMNIFICATION
Contractor agrees to indemnify and hold harmless the City 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 in whole or in part by any willful misconduct or negligent act or omission of the
Contractor, any subcontractor, anyone directly or indirectly employed by any of them or
anyone for whose acts any of them may be liable.
City Attorney Approved Version #04.01.02 2
The parties expressly agree that any payment, attorney's fee, costs or expense City
incurs or makes to or on behalf of an injured employee under the City's self-
administered workers' compensation is included as a loss, expense or cost for the
purposes of this section, and that this section will survive the expiration or early
termination of this Agreement.
10. INSURANCE
Contractor will obtain and maintain for the duration of the Agreement 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 services by Contractor
or Contractor's agents, representatives, employees or subcontractors. The insurance
will 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-:VI'.
10.1 Coveraqes and Limits.
Contractor will maintain the types of coverages and minimum limits indicated below,
unless City Attorney or City Manager approves a lower amount. These minimum
amounts of coverage will not constitute any limitations or cap on Contractor's
indemnification obligations under this Agreement. City, its officers, agents and
employees make no representation that the limits of the insurance specified to be
carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If
Contractor believes that any required insurance coverage is inadequate, Contractor will
obtain such additional insurance coverage, as Contractor deems adequate, at
Contractor's sole expense.
10.1.1 Commercial General Liabilitv Insurance. $1,000,000 combined
single-limit per occurrence for bodily injury, personal injury and property damage. If the
submitted policies contain aggregate limits, general aggregate limits will apply
separately to the work under this Agreement or the general aggregate will be twice the
required per occurrence limit.
10.1.2 Automobile Liability (if the use of an automobile is involved for
Contractor's work for City). $1,000,000 combined single-limit per accident for bodily
injury and property damage.
10.1.3 Workers' Compensation and Emplover's Liability. Workers'
Compensation limits as required by the California Labor Code and Employer's Liability
limits of $1,000,000 per accident for bodily injury. Workers' Compensation and
Employer's Liability insurance will not be required if Contractor has no employees and
provides, to City's satisfaction, a declaration stating this.
10.1.4 Professional Liability. Errors and omissions liability appropriate to
Contractor's profession with limits of not less than $1,000,000 per claim. Coverage must
be maintained for a period of five years following the date of completion of the work.
City Attorney Approved Version #04.01.02
3
10.2. Additional Provisions. Contractor will ensure that the policies of insurance
required under this Agreement contain, or are endorsed to contain, the following
provisions:
10.2.1 The City will be named as an additional insured on General
Liability.
10.2.2 Contractor will obtain occurrence coverage, excluding Professional
Liability, which will be written as claims-made coverage.
10.2.3 This insurance will be in force during the life of the Agreement and
any extensions of it and will not be canceled without thirty (30) days prior written notice
to City sent by certified mail pursuant to the Notice provisions of this Agreement.
10.3 Providinq Certificates of Insurance and Endorsements. Prior to City's execution
of this Agreement, Contractor will furnish certificates of insurance and endorsements to
City.
10.4 Failure to Maintain Coveraqe. If Contractor fails to maintain any of these
insurance coverages, then City will have the option to declare Contractor in breach, or
may purchase replacement insurance or pay the premiums that are due on existing
policies in order to maintain the required coverages. Contractor is responsible for any
payments made by City to obtain or maintain insurance and City may collect these
payments from Contractor or deduct the amount paid from any sums due Contractor
under this Agreement.
10.5 Submission of Insurance Policies. City reserves the right to require, at anytime,
complete and certified copies of any or all required insurance policies and
endorsements.
11. BUSINESS LICENSE
Contractor will obtain and maintain a City of Carlsbad Business License for the term of
the Agreement, as may be amended from time-to-time.
12. ACCOUNTING RECORDS
Contractor will maintain complete and accurate records with respect to costs incurred
under this Agreement. All records will be clearly identifiable. Contractor will allow a
representative of City during normal business hours to examine, audit, and make
transcripts or copies of records and any other documents created pursuant to this
Agreement. Contractor will allow inspection of all work, data, documents, proceedings,
and activities related to the Agreement for a period of three (3) years from the date of
final payment under this Agreement.
City Attorney Approved Version #04.01.02
4
13. OWNERSHIP OF DOCUMENTS
All work product produced by Contractor or its agents, employees, and subcontractors
pursuant to this Agreement is the property of City. In the event this Agreement is
terminated, all work product produced by Contractor or its agents, employees and
subcontractors pursuant to this Agreement will be delivered at once to City. Contractor
will have the right to make one (1) copy of the work product for Contractor’s records.
14. COPYRIGHTS
Contractor agrees that all copyrights that arise from the services will be vested in City
and Contractor relinquishes all claims to the copyrights in favor of City.
15. NOTICES
The name of the persons who are authorized to give written notices or to receive written
notice on behalf of City and on behalf of Contractor under this Agreement.
For City: For Contractor:
Title Deputy City Engineer Title T)ubw
Dept Engineering
City of Carlsbad
Name Robert J. Wojcik Name c31w K. Sa4-I@5Ll
Address 1635 Faraday Avenue Address 3764 rs&& _- n PI. Carlsbad, CA 92008 cud e,,4 w‘m
Phone No. (760) 602-2733 Phone No. (7”) - 72O-05CX3
Each party will notify the other immediately of any changes of address that would
require any notice or delivery to be directed to another address.
16. CONFLICT OF INTEREST
City will evaluate Contractor’s duties pursuant to this Agreement to determine whether
disclosure under the Political Reform Act and City’s Conflict of Interest Code is required
of Contractor or any of Contractor’s employees, agents, or subcontractors. Should it be
determined that disclosure is required, Contractor or Contractor’s affected employees,
agents, or subcontractors will complete and file with the City Clerk those schedules
specified by City and contained in the Statement of Economic Interests Form 700.
Contractor, for Contractor and on behalf of Contractor’s agents, employees,
subcontractors and consultants warrants that by execution of this Agreement, that they
have no interest, present or contemplated, in the projects affected by this Agreement.
Contractor further warrants that neither Contractor, nor Contractor’s agents, employees,
subcontractors and consultants have any ancillary real property, business interests or
income that will be affected by this Agreement or, alternatively, that Contractor will file
with the City an affidavit disclosing this interest.
City Attorney Approved Version #04.01.02 5
17. GENERAL COMPLIANCE WITH LAWS
Contractor will keep fully informed of federal, state and local laws and ordinances and
regulations which in any manner affect those employed by Contractor, or in any way
affect the performance of the Services by Contractor. Contractor will at all times observe
and comply with these laws, ordinances, and regulations and will be responsible for the
compliance of Contractor's services with all applicable laws, ordinances and regulations.
Contractor will be aware of the requirements of the Immigration Reform and Control Act
of 1986 and will comply with those requirements, including, but not limited to, verifying
the eligibility for employment of all agents, employees, subcontractors and consultants
that the services required by this Agreement.
18. DISCRIMINATION AND HARASSMENT PROHIBITED
Contractor will comply with all applicable local, state and federal laws and regulations
prohibiting discrimination and harassment.
19. DISPUTE RESOLUTION
If a dispute should arise regarding the performance of the Services the following
procedure will be used to resolve any questions of fact or interpretation not otherwise
settled by agreement between the parties. Representatives of Contractor or City will
reduce such questions, and their respective views, to writing. A copy of such
documented dispute will be forwarded to both parties involved along with recommended
methods of resolution, which would be of benefit to both parties. The representative
receiving the letter will reply to the letter along with a recommended method of
resolution within ten (1 0) business days. If the resolution thus obtained is unsatisfactory
to the aggrieved party, a letter outlining the disputes will be forwarded to the City
Manager. The City Manager will consider the facts and solutions recommended by each
party and may then opt to direct a solution to the problem. In such cases, the action of
the City Manager will be binding upon the parties involved, although nothing in this
procedure will prohibit the parties from seeking remedies available to them at law.
20. TERMINATION
In the event of the Contractor's failure to prosecute, deliver, or perform the Services,
City may terminate this Agreement for nonperformance by notifying Contractor by
certified mail of the termination. If City decides to abandon or indefinitely postpone the
work or services contemplated by this Agreement, City may terminate this Agreement
upon written notice to Contractor. Upon notification of termination, Contractor has five
(5) business days to deliver any documents owned by City and all work in progress to
City address contained in this Agreement. City will make a determination of fact based
upon the work product delivered to City and of the percentage of work that Contractor
has performed which is usable and of worth to City in having the Agreement completed.
Based upon that finding City will determine the final payment of the Agreement..
City Attorney Approved Version #04.01.02 6
Either party upon tendering thirty (30) days written notice to the other party may
terminate this Agreement. In this event and upon request of City, Contractor will
assemble the work product and put it in order for proper filing and closing and deliver it
to City. Contractor will be paid for work performed to the termination date; however, the
total will not exceed the lump sum fee payable under this Agreement. City will make the
final determination as to the portions of tasks completed and the compensation to be
made.
21. COVENANTS AGAINST CONTINGENT FEES
Contractor warrants that Contractor has not employed or retained any company or
person, other than a bona fide employee working for 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, City will 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 the fee, commission,
percentage, brokerage fees, gift, or contingent fee.
22. CLAIMS AND LAWSUITS
By signing this Agreement, Contractor agrees that any Agreement claim submitted to
City must be asserted as part of the Agreement process as set forth in this Agreement
and not in anticipation of litigation or in conjunction with litigation. Contractor
acknowledges that if a false claim is submitted to City, it may be considered fraud and
Contractor may be subject to criminal prosecution. Contractor acknowledges that
California Government Code sections 12650 et seq., the False Claims Act applies to
this Agreement and, 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 City seeks to recover penalties pursuant to the False Claims Act, it is
entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges
that the filing of a false claim may subject Contractor to an administrative debarment
proceeding as the result of which Contractor may be prevented to act as a Contractor
on any public work or improvement for a period of up to five (5) years. Contractor
acknowledges debarment by another jurisdiction is grounds for City to terminate this
Agreement.
.23. JURISDICTIONS AND VENUE
Any action at law or in equity brought by either of the parties for the purpose of
enforcing a right or rights provided for by this Agreement will be tried in a court of
competent jurisdiction in the County of San Diego, State of California, and the parties
waive all provisions of law providing for a change of venue in these proceedings to any
other county .
7 City Attorney Approved Version #04.01.02
24. SUCCESSORS AND ASSIGNS
It is mutually understood and agreed that this Agreement will be binding upon City and
Contractor and their respective successors. Neither this Agreement or any part of it nor
any monies due or to become due under it may be assigned by Contractor without the
prior consent of City, which shall not be unreasonably withheld.
25. ENTIRE AGREEMENT
This Agreement, together with any other written document referred to or contemplated
by it, along with thepurchase order for this Agreement and its provisions, embody the
entire Agreement and understanding between the parties relating to the subject matter
of it. In case of conflict, the terms of the Agreement supersede the purchase order.
Neither this Agreement nor any of its provisions may be amended, modified, waived or
discharged except in a writing signed by both parties.
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City Attorney Approved Version #04.01.02
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26. AUTHORITY
The individuals executing this Agreement and the instruments referenced in it on behalf
of Contractor each represent and warrant that they have the legal power, right and
actual authority to bind Contractor to the terms and conditions of this Agreement.
CONTRACTOR
GVP CONSULTANTS, a
sole proprietor
ATTEST:
(print namehitle) A
**By:
(sign here) City Clerk
(print namehitle)
If required by City, proper notarial acknowledgment of execution by contractor
must be attached, If a Corporation, Agreement must be signed by one corporate
officer from each of the following two groups.
*Group A.
Chairman,
President, or
Vice-president
**Group 6.
Secretary,
Assistant Secretary,
CFO or Assistant Treasurer
Otherwise, the corporation must attach a resolution certified by the secretary or
assistant secretary under corporate seal empowering the officer(@ signing to bind the
corporation.
APPROVED AS TO FORM:
RONALD R. BALL, City Attorney
/)beputy City Attorney
City Attorney Approved Version #04.01.02
9
State of California )
County of San Diego ) 1
On, May 23, 2003, before me, Belinda R. Guzman, Jotary Public, personally appeared
Glen K. Van Peski, personally known me to be the person whose name is subscribed to
the within instrument and acknowledged to me that he executed the same in his
authorized capacity, and that by his signature on the instrument the person, or entity upon
behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal
~ Signature of Notary
(This area for
official notary seal)
Title or Type of Document Agreement for Professional Engineering Services (GVP
Consultants)
Date of Document 5/22/03 No. of Pages 21
Signer@) other than named above none
EXHIBIT “A”
ENGINEERING PLANCHECKING SERVICES
1. CONTRACTOR’S OBLIGATIONS
The Contractor shall provide qualified professional engineering plancheck services in
accordance with the “Project Engineer’s Manual”, latest edition, as published by the City’s
Engineering Department, City “Standards for Design & Construction of Public Works
Improvements in the City of Carlsbad and shall provide 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 or site plan.
4. Determine if the general format for the plan is in conformance with City of
Carlsbad requirements, or modifications thereof.
5. Check hydrology and hydraulic calculations, and the design of the storm
drain system in conformance with the City standards, or modifications
thereof.
6. Determine any diversions, concentrations or increases in drainage flow,
and any potential for damage to off-site property resulting from such
drainage. If so, ensure project mitigates such diversions, concentrations,
or increases in drainage flow. Check for adequate capacity of inlets,
curbs, brow ditches and down drains.
7. Determine requirements for easements necessary to encompass the
facility and whether they have been obtained before plan approval.
8. Determine if any work is proposed that requires a temporary construction
or slope easement necessary to construct the improvements.
Easements must be obtained prior to plan approval.
1
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. All agency approvals must be
obtained prior to City approval.
10. Check sight distances, horizontal radius, and vertical curves on streets.
Coordinate sight distance requirements with landscape plans.
11. 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.
12. Determine if' the plans meet overall technical conformance and
adherence to good design practice.
13. 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.
14. 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.
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, list of quantities, and
contingencies between the engineer's cost estimate and the plans.
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 project-related improvement documents filed at the
City.
2
1 9. 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.
20. Review project against latest State Storm Water Quality Regulations and
ensure project is incorporating post-development Best Management
Practices (BMP) measures to verify that pollutants of concern are
identified and that treatment BMP’s meet numeric sizing criteria pursuant
to Order 2001-01 , or latest version. Review and require project Storm
Water Management Plans (SWMP), when required per Order 2001 -01.
21. ’ Review Storm Water Pollution Prevention Plans (SWPPP’s), when
required per State Regional Water Quality Control Board regulations,
latest version. Ensure that project SW PPP’s identify the construction
BMP’s to be implemented during the course of the project. Utilize
checklists, prepared by the California Regional Water Quality Control
Board, to verify content and organization of SWPPP’s.
8. 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.
6. 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 recommendations on necessity for
additional soils review and review any such additional soils reports that
are submitted.
7. Compare the grading plan with the grading shown on any and all
discretionary approvals and the conditions thereto applied by the
appropriate City body.
8. Compare the grading plan with the improvement plans for the project.
9. Compare the grading plan with the approved environmental information.
3
10. Check for the following technical items:
a.
b.
C.
d.
e.
f.
9.
h.
i.
j-
k.
I.
m.
n.
0.
Setback from property line;
Identification of property and easement lines;
Amounts noted for excavation, fill, import, export, remedial (cubic
yards);
Cut slope and fill slope inclination 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 or slope;
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.
Verify compliance with City Ordinances, Standards, policies and
resolutions that apply to the subject plans.
Good engineering practice.
11. Check hydrology and hydraulic calculations, and the design of the
drainage system for conformance with City Standards, or modifications
thereof.
12. 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 inlets, curbs, brow ditches and
down drains.
13. Check for non-erosive velocities at point of discharge or adequate energy
dissipation.
4
14. Review erosion control plans and check for conformance with the
SW PPP, California BMP Handbook, Municipal Code, and California
Regional Board requirements.
15. Check landscape plans for conformance to the grading plans and for
conformance with intersection sight corridors and corner cut-off s. Verify
large trees are not proposed over proposed public facilities.
16. 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 and that they
are consistent with any improvement plans, final map, and other adjacent
project-related improvement documents furnished by the City.
17. 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.
18. Review project against latest State Storm Water Quality Regulations and
ensure project is incorporating post-development BMP measures to verify
that pollutants of concern are identified and that treatment BMP’s meet
numeric sizing criteria pursuant to Order 2001 -01, or latest version.
Review and require project Storm Water Management Plans (SW MP),
when required per Order 2001 -01.
19. ’ Review Storm Water Pollution Prevention Plans (SWPPP’s), when
required per State Regional Water Quality Control Board regulations,
latest version. Ensure that project SW PPP’s identify the construction
BMP’s to be implemented during the course of the project. Utilize
checklists, prepared by the California Regional Water Quality Control
Board, to verify content and organization of SWPPP’s.
C. CHECKING FINAL MAPS AND PARCEL MAPS
Contractor shall perform the following;
1. Review submittal for completeness.
2. Determine that the map is in conformance with applicable conditions of
approval and the approved tentative map or Tentative Parcel Map.
3. Check that the format is in compliance with the City of Carlsbad
Municipal Code Section 20, and County Map Processing Manual, latest
version, or any modifications thereof.
4. 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.
5
5. Check traverse closure for lots, blocks, boundaries and easements for
acceptable closure.
6. Check all easements to which the lots are subject, including use and
reference if already of record.
7. Check legal descriptions and plats for any off-site easements; check
ownership against title reports, and prepare deed in conformance with
City format.
8. 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.
9. 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 dedication;
b. Engineer's or Surveyor's Statement;
c. City Engineer's Statement of Approval;
d. City Clerk's Certificate of Approval by City Council and Acceptance
of Offer of Dedication; and
e. Such other affidavits, certificates, acknowledgements,
endorsements, and notarial seals as required by the Subdivision
Map Act and the Carlsbad Municipal Code.
f. Signature omission statement
10. 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.
1 1. 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 project-related 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.
13. Check that the basis of bearings for the survey is in NAD 83 coordinates
pursuant to the City of Carlsbad Digital Submittal Requirements and
County Map Processing Manual.
6
D.
14. Verify signature authorization against the title sheet of map to verify the
signature(s) listed are authorized to bind the company or entity of the
owner.
CHECKING WATER, SEWER AND RECYCLED 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 Carlsbad Municipal Water District’s (CMWD’s) checklist, 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 obtaineddedicated.
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.
10. Review plancheck submittals with City staff to discuss significant review comments and/or unresolved issues.
11. Review public potable water distribution and transmission mains, laterals, booster pump stations, and pressure reducing stations designs against Carlsbad Municipal Water District Standards, latest edition or revision thereof. Among other actions, but at minimum, Contractor shall review
point-of-connection, pipe layout, hydraulic grade line, pressure design, pipe material, critical bends, valves layout, meters, thrust blocks, stationing, cross-connects with recycled water, hydrant locations, blow-off and manual air release locations, automatic air release locations, depth
of pipe, vertical conflicts, easements, accessibility, offsets from curb, pressure at each lot, meter sizing, meter location, and fire services. Contractor shall coordinate with City for special design considerations.
7
12. Review public sewer lines and pump station designs against Carlsbad
Municipal Water District Standards, latest edition or revision thereof.
Among other actions, Contractor shall review point-of-connection, sewer
alignment, cleanout locations, access hole placement, depth of sewer,
gravity flow, easements, accessibility, sewer laterals, invert elevations,
vertical conflicts, and sewer lateral tables. Contractor shall coordinate
with City for special design considerations.
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,
dedicatiodquitclaim 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 (during resubmittal). Upon receipt of comments from
affected departments or agency, City staff shall transmit the comments to the Contractor.
8
C. City shall provide the Contractor with the following documents:
1. A copy of "Title 20: Subdivisions" and "Title 15.16: Grading and Erosion
Control" of the Carlsbad Municipal Code, and all revisions as they are
adopted.
2. A copy of the latest edition of the "Standards for Design and Construction
of Public Works Improvements in the City of Carlsbad."
3. A copy of the latest edition of the "Carlsbad Rules & Regulations for
Construction of Public Potable Water Mains".
4. A copy of the latest edition of the "Carlsbad Reclamation Rules &
Regulations for Construction of Reclaimed Water Mains".
5. A copy of the latest edition of the "Carlsbad Standard Sewer System
Design Criteria and Standard Drawings & Specifications".
6. A copy of any other written policies, standards, or criteria adopted or
used by City applicable to Contractor's planchecking services, as
described above.
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.
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.
9
H. Before improvement plans are assigned to Contractor, City shall review the cost
estimate, as prepared by the Engineer-of-work, and verify the "cost basis" (Basis) for Contractor
fees. Any items included in the cost estimate that the City decides the Contractor should not
review can be removed from the Basis, at the discretion of the City. City shall add remarks on
the plan check assignment sheet informing Contractor not to review specific portions of the
improvement plan. City will reduce the Contractor fees accordingly.
3. PROGRESS AND COMPLETION
Contractor shall complete planchecks according to the following schedule:
1. First plancheck: complete and return to City within fifteen (15) workinq davs of notice to pick up.
2. Second and third planchecks: complete and return to City within ten (10) workinq davs of notice to pick UD.
3. Mylar: complete and return to City within five (5) working days of notice to Dick
42-
4. Construction revisions to grading or improvement plans: complete and return to City within three (3) workinq 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 "1 ", Schedule of Fees, except as otherwise provided for in Section 3.
During each year, beginning July 1, 2003, 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.
10
Fee shall become payable according to the following schedule:
First plancheck completed
Second plancheck completed
Third plancheck completed
Plan or map approval and submittal of written certification
40% of total fee
25% of total fee
20% of total fee
15%* of total fee of plancheck
"Actual amount may be adjusted so that 100% of total fee based on Citv-approved
quantities or cost estimates (or reductions to the estimate imposed by City) is paid. City
may reduce the final cost estimate used for final payment, if the estimate includes items
not plan checked by Contractor.
5. PAYMENT OF FEES
On the 5'h working day of each month, Contractor shall submit hidher 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.
Contractor shall bill for work performed on an invoice format as provided by the City.
6. 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. Copies of the approved technical documents for City files including, but not
limited to final map, grading plans, improvement plans, plats, legal descriptions, traverse
calculations, Covenents Codes & Restrictions (CC&R's), cost estimates, title reports,
hydrology/hydraulic studies, Storm Water Management Plans, Storm Water Pollution Prevention
Plans, Soils Reports, Geotechnical Reports, slope stability analysis, letter of permission for
offsite work, non interference letters, etc that were reviewed and approved as part of the project.
C. Certification of department approvals (e.g.: Planning, Traffic, Maintenance and
Operations, Design, etc.
11
EXHIBIT “1 I’
-- 101 to 1,000 Cubic Yards $400
SCHEDULE OF FEES
for the first 100 cubic yards plus $60 for each additional 100 cubic vards or
For plancheck of:
1,001 to 10,000 Cubic Yards
10,001 to 100,000 Cubic Yards
100,001 to 200,000 Cubic Yards
1. IMPROVEMENT PLANS
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 $90 for each additional 10,000 cubic yards or fraction thereof.
for the first 100,000 cubic yards plus $120 for each additional $10.000 cubic
$1,000
$1,700
$2,600
Estimated Cost of Improvements
$20,001 to $50,000
$100,001 to $250,000 $250,001 to $500,000
$1,000,001 and above
up to $20,000
$50,001 to $1 00,000
$500,001 to $1,000,000
200,001 Cubic Yards or More
Contractor Fee
5.0% $200 minimum
4.0% $1,000 minimum 3.0% $2,000 minimum
2.5% $3,000 minimum 2.0% $6,250 minimum 1.5% $1 0,000 minimum .75% $1 5,000 minimum
$4,000 I for the first 200,000 cubic vards ~lus
2. GRADING PLANS
$60 for each additionat 1OO;OOO cbbic yards or fraction thereof.
Contractor Fee
3. Final Map
4. Parcel Map 5. Adjustment Plat 6. Certificate of Correction
7. Dedication of Easement
8. Street Vacation (Summary)
9. Street Vacation
10. Quitclaim of Easement
11. Construction Change 12. Certificate of Compliance (in lieu of parcel map) 13. Certificate of Compliance Parcel
$2,000 plus $5/acre $1,250 $450 $200 $250 $400
$400
$250
$200 plus $1 1 O/sheet $1,250 $200
12
ACoRDTM CERTIFICATE OF LlABCLlTY INSURANCE
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING 4NY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR WAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH 'OLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
DATE (MMIDDNY)
DEC 6 02
PRODUCER MICHAEL J. HALL & COMPANY NE INSURANCE SERVICES
19578 1OTH AVENUE N.E.
POULSBO WA 98370 PHONE: (360) 598-3700
FAX: (360) 598-3703 Agency Lic#: 0792445
INSURED GVP CONSULTANTS 3764 CAVERN PLACE CARLSBAD CA 92008
AUTOMOBILE LIABILITY
ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS A
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE NAlC #
INSURER A LUMBERMENS MUTUAL CASUALTY COMPANY
INSURER B AMERICAN MANUFACTURERS INSURAN
INSURER C.
INSURER D.
INSURER E.
1,000,00c 1 OCT2102 1 OCT2103 1 COMBINED SINGLE LIMIT (Ea accident) 1 7RE82309640
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Is I EACH OCCURRENCE
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CLAIMS MADE FORM ~1,000,000 AGGREGATE
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WGRS COMPENSATION AND EMPLOYERS' LIABILITY
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EL. CISEASE-Ed EMPLOYEE
CERTIFICATE HOLDER I x I ADDITIONAL INSURED INSURER L€ITER: -
CITY OF CARLSBAD ENGINEERING DEPT 1635 FARADAY AVENUE CARLSBAD, CA 92008
ACORD 25 (2001/08) Certificate #
. CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED. OR MATERIALLY CHANGED, BEFORE THE U(PIRATI0N DATE THEREOF, THE ISSUING COMPANY WILL MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT.
AUTHORIZED REPRESENTATIVE z- 7&
161 65 ASHLEY HURD
POLICY NUMBER: 7RE823096-00 COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED-OWNERS, LESSEES OR
CONTRACTORS (Form B)
This endorsement modifies insurance provided under the following:
COM M E RCl AL G EN ERAL LlABl LITY COMMERCIAL AUTO LIABILITY
SCHEDULE
Name of Person or Organization; CITY OF CARLSBAD, (AND/OR IF APPLICABLE-THE CITY OF
CARLSBAD REDEVELOPMENT AGENCY, HOUSING AUTHORITY OR
CARLSBAD MUNICIPAL WATER DISTRICT) ITS OFFICIALS,
EMPLOYEES AND VOLUNTEERS
(If no entry appears above. information required to complete this endorsement will be shown in the
Declarations as applicable to this endorsement.)
WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization
shown in the Schedule, but only with respect to liability arising out of "your work' for that insured by
or for you
CG 20 10 11 85 Copyright. Insurance Services Office, Inc.. 1984
Certificate # 16165
POLICY NUMBER: 7RE823096-00 COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ THIS CAREFULLY
ADDITIONAL INSURED PRIMARY COVERAGE
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
This insurance is primary for the person or organization shown in the schedule, but only with respect to liability arising out of your
work or that insured by or for you. Other insurance afforded to that insured will apply as excess and not contribute as primary to the
insurance afforded by this endorsement.
All other endorsement provisions, conditions and exclusions of this insurance shall remain unchanged and apply to the additional
insured and described below.
SCHEDULE
ADDITIONAL INSURED
CARLSBAD REDEVELOPMENT AGENCY, HOUSING AUTHORITY OR
CARLSBAD MUNICIPAL WATER D ISTRl CT) ITS OFF IC IALS,
EMPLOYEES AND VOLUNTEERS
CITY OF CARLSBAD, (AND/OR IF APPLICABLE-THE CITY OF
NAMED INSURED GVP CONSULTANTS
3764 CAVERN PLACE
CARLSBAD CA 92008
CONTRACT/PROJECT
Certificate # 161 65
I SUPPLEMENT TO CERTIFICATE OF LIABILITY INS #I6165 DEC 6 02
DESCRIPTION OF OPERATlONSlLOCATlONSNEHlCLESlSPEClAL ITEMS
PROJECT: PLAN CHECKING SERVICES
CERTIFICATE HOLDER IS AN ADDITIONAL INSURED ON THE COMMERCIAL GENERAL LIABILITY AND AUTOMOBILE LIABILITY POLICIES AS RESPECTS LIABILITY ARISING OUT OF ACTIVITIES BY, OR ON BEHALF OF THE NAMED INSURED.
THIS INSURANCE IS PRIMARY INSURANCE AND ANY OTHER INSURANCE MAINTAINED BY THE ADDITIONAL INSUREDS SHALL BE EXCESS ONLY AND NON CONTRIBUTING WITH THIS INSURANCE.
A WAIVER OF SUBROGATION APPLIES TO THE GENERAL LIABILITY a THE AUTO LIABILITY POLICY IN FAVOR OF THE ADDITIONAL
INSURED.
Certificate # 16165
Mav.30. 2003 12:18PM
IMPORTANT NOTICE CONCERNING YOUR RIGHTS
UNDER A CUT-THROUGH AGREEMENT
NATIONAL INDEMNITY COMPANY
Insurance Policy (me "Pdicf) to which this notice applles: QLOl8938-00
Insurer (the gCompan)r): LUMBERMENS MUTUAL CASUALTY CO.
Policy Inception Date: 12/01E001
Poficy No.: QLOl893840
Named Insured (the "Insured').: GVP Consultants
The Notice Inception Date is 12/01/2001
For value received, National Indemnity Company (hereinafter referred b as 'National Indemnity@) agrees that in the event the Company does not pay amounts otherwke payable under the Polfcy as a result of a court of competent jurisdiction or the state insuranw regulatory authority in the Cornpanfs domiciliary state ("insurance regulatory
authorrty') issuing an order finding such Company to be insolvent or entering an order to the Company which legally prohibits the Company from paylng Policy amounts otherwise payable because of the Company's financial conditlon, then National Indemnity will pay on behalf of the Company 100% of any amount payable by the Company under the Policy that has not been previously paid by the Company, subject always to the other terms,
conditions, exclusions and timitations of the Policy. National Indemnity will meke such payment directly to the Insured (or to its mortgagees, assignees or loss payees, as their interests may appear) in the event of first-party covemges, or diredly to the claimant or claimants to whom the Insured is legally liable in the event of thidpatty coverages. As 8 condition of National Indemnity's payment obligation. the Insured, after rscsiving actual notice of the receivership or insolvency of the Company, shall provide prompt written notice to National Indemnity, attention:
Kernper Gut-Through, at Its statutory Home Mice as on record with the National Association of Insurance Commkionars, of any claim or suit for which National Indemnity may be liable by reason of thk agreement herein. As a condition pmcedent to payment hereunder, National Indemnity shall be deemed to have all the rights of the
Company and be subrogated to all the rights of the Insured to the extent of such payment.
In the case of thlrd-party liability coverages, payment shall be due hereunder only after any one of the following
three conditions is met: (1) the claimant obtains a judgment against the Insured or the Company after actual tnal by
8 court of competsnt jurisdiction; or (2) the cWmt enters into a settlement with the lnsured or the Company
approved by National Indemnity; or (3) the claimant enters into a settlement with the Insured or the Company approved by the Company prior to it being declared insotvent or prohibited from paying amounts due under the Policy. None of these conditions shalt apply to first-party coverages, including but not limited to any state workers' compensation or similar federal compensation coverages that may be provided by the Pollcy.
IL 80 38 (Ed. 12 02) Page 1 of 2 PrlnW in U,S.A
Ma~~30. 2003 12:19PM
Upon Ihhe Company being dedared insolvent or being legally prohibited fm paying Policy amounts otherwise
payable because of the Companfs financial condition by a court of competent jurisdiction or insurance regulatory authority or upon any insurance regulator assuming any control over the Company's claims handling process. National Indemnity has the right, but not the duty, to assume any obligation the Company may have to provide a defense to the Insured, if such an obligation is created by the Policy. If National lndemnlty does not assume such
obligation, it will reimburse fhe Insured for the reasonable cost of such defense to the extent that the Company
would have been obliged to pay such cost under its obligation to defend. National indemnity and the insured will
cooperate in the selection of defense munsel at tns commencement of Ikigation. Nothing herein shall make National Indemnity the Insurer under the Policy. National Indemnity's obligation hereunder is limited to the Company's obligations under the Poky and shall not include any payment an'sing under claims of bad faith, extra contractual obligations or payments in excess of policy limits
In the event the Notice Inception Date TS later than the Poliiy Inception Date. then this Notice does not apply b any damagee., offense vr loss of any nature for which coverage is otherwise provided under the Policy if such damages, offense of loss 'mrnmences" in whole or in part prior to the Notice Inception Date, even if such damages, offense or loss continues, is alleged to continue, or is deemed to continue on or after the Notice Inception Date. For the purposes of this Notice only, 'commencesm shall mean: (i) first occurs, is alleged to ftrst ooour or Is deemed to first ocwr; or (ii) incepts, is alleged to incept or is deemed to incept; or (iii) first manifests, is alleged to have first
manifested, or is deemed to have first manifested. "Commence' is the earllest point in time of (i), (ii) or (iii). National
Indemnity has no Iiibili to make payments or relmburse any person for payments if the payments worn incurred in
connection with or were in any way related to suah excluded damagas, uffense or loss
NATIONAL INDEMNITY COMPANY LUMBERMENS MUTUAL CASUALTY GO..
President Chairman and Chief Executive Officer
IL bo 38 (Ed. 12 02) Printed in U.S.A.
Mav.30. 2003 12:19PM No I 0287 P. 8/9
IMPORTANT NOTICE CONCERNING YOUR RIGHTS
UNDER A CUT-THROUGH AGREEMENT
NATIONAL INDEMNITY COMPANY
Insurance Poky (the "Polroyl) to which this notice applies: 7FiES23096-00
Insurer (me %ompanf): AMERICAN MANUFACTURERS MUTUAL
Policy Inception Date: 10l2112602
Policy No.: 7REB23096-00
Named Insured (the "Insuredw): GLEN VAN PESKI DBAr
The Notice Inception Oats is 12/23/2002
For value received, National Indemnity Company (hereinafter referred to as 'National Indemnity') agrees that in the event the Company does not pay mounts otherwise payable under the Policy as a rssuk of a court of competent
jurisdiction or the state insum regulatory auhority in the Companfs domiciliary state ("insurance regulatory
authority") issuing an order finding such Company to be insolvent or entering an order to the Company which
legally prohibits the Company from paying Policy amounts otherwise payable because of the Company's finenckl condition, then National Indemnity will pay on behalf of the Company 100% of any amount payable by the
Company under the Policy that has not been previously paid by the Company, subject always to the other terms,
conditions, exclusions and fimltations of the Policy. National Indemnity will make such payment directly to the Insured (or to its mortgagees, assignees or loss payees, as their interests may appear) in the event of first-patty ooverages, or diredy to the claimant or claimants to whom the Insured is legally liable in he event of third-party coverages. As a condition of Nabonal Indemnity's payment obligation, the Insured, after receiving actual notice of
the ncsivership or insolvency of the Company, shall provide prompt written notice to Natlonal Indemnity, attention: Kernper Cut-Through, at. its statutory Home Office 'as on record with the National Association of Insurance Commissioners, of any claim or suit for which National Indemnity may be liable by reason of this agreement herein. As a condition precedent to payment hereunder, National Indemnity shall be deemed to have all the rights of the Company and be subrogated to alJ the rights of the Insured to !he extent of such payment.
In the case of third-party liability coverages, payment shall be due hereunder only after my one of the following
three conditions is met: (1) the claimant obtains a judgment against the Insured or the Company after actwl trial by
a court of competent judsdictlon; or (2) the alaimant enters into a settlement with the Insured or the Company
approved by Nanonal Indemnily: or (3) the claimant enters into a settlement with #e Insured or the Company approved by the Company prior to it being declared insolvent or prohibited from paying amounts due under the
Polky- None of these conditions shall apply to first-party coverages, including but not limited to any state workers' compensation or similar federal compensation coverages that may be provided by the Policy.
lL 80 38 (Ed. 12 02) Page 1 of 2 Printed in U.S.A.
Mav.30. 2003 12:IgPM
Upon the Company being declared insolvent or being legally prohibited from paying Policy amounts otherwise
payable because of the Company's financial condition by a court of competent jurisdiction or insurance regulatory authority or upon any insurance regulator assuming any control over the Companfs claims handling process, National Indemnity has the right, but not the duty, to assume any obligation the Company may have to provide a
defense to the Insured, if such an obligation is created by the Policyr If National Indemnity does not as$Crme such oblfgation, it will reimburse the insured for the reasonable cost of such defense to the extent that the Company
would have been obUged to pay such cost under its obligation to defend. National Indemnity and the Insured wilt cooperate in the selection of defense counsel at the commencement of ligation. Nothing herein shall make National lndemnily the insurer under the Policy. National Indemnity's obligation hereunder Is limited to the Company's obligations under the Policy and shall not include any payment arising under daims of bad faith, extra contractual obligations or payments in excess of policy limits.
In the event the Notice Inception Date is later than the Policy lnceptlon Date, then this Notice does not apply to any damages. offense or loss of any nature for which coverage is otherwise provided under the Policy if such damages, offense or loss 'commences" in whde or in parl prior to the Notice Inception Date. even if such damages. offense
or loss continues, is alleged to continue, or is deemed to continue on or after the Notice Inception Date. For the
purpose3 of this Notice only, "cornmencesm shall mean: (i) first occurs, is alleged to first occur or Is deemed to first
occur; or (ii) incepts, is alleged to incept or is deemed to incept; or (In) first manifests, is alleged to have first
manifested, or is deemed to have first manifested. "Commence" is the earllest point in time of (i), (ii) or (iii). National Indemnity has no liability to make payments or reimburse any person for payments if the payments were incurred in
ConneCtjon with or were in any way related to such excluded damages, offense or loss.
NATIONAL INDEMNITY COMPANY AMERICAN MANUFACTURERS MUTUAL
Prdsident Chairman and Chief Executive Oni
IL 80 38 (Ed. 12 02)
PWENG371
AGREEMENT FOR
ENGINEERING PLANCHECKING SERVICES
(HELMING ENGINEERING, INC.)
THIS AGREEMENT is made and entered into as of the 2 3 7h day of
, 2003, by and between the CITY OF CARLSBAD, a municipal
corporation, ("City"), and HELMING ENGINEERING, INC., a California Corporation,
("Contractor").
Jut&
RECITALS
A. City requires the professional services of a contractor that is experienced
B. Contractor has the necessary experience in providing professional
C. Selection of Contractor is expected to achieve the desired results in an
D. Contractor has submitted a proposal to City and has affirmed its
in engineering plancheck services.
services and advice related to engineering plancheck services.
expedited fashion.
willingness and ability to perform such work.
NOW, THEREFOREl in consideration of these recitals and the mutual covenants
contained herein, City and Contractor agree as follows:
1. SCOPE OF WORK
City retains Contractor to perform, and Contractor agrees to render, those services
(the Services") that are defined in attached Exhibit "A", which is incorporated by this
reference in accordance with this Agreement's terms and conditions.
2. STANDARD OF PERFORMANCE
While performing the Services, Contractor will exercise the reasonable professional
care and skill customarily exercised by reputable members of Contractor's profession
practicing in the Metropolitan Southern California Area, and will use reasonable
diligence and best judgment while exercising its professional skill and expertise.
3. - TERM
The term of this Agreement will be effective for a period of one (1) year from the date
first above written. The City Manager may amend the Agreement to extend it for
three (3) additional one (1) year periods or parts thereof in an amount not to exceed
two hundred thousand dollars ($200,000) per Agreement year. Extensions will be based
upon a satisfactory review of Contractor's performance, City needs, and appropriation of
funds by the City Council. The parties will prepare a written amendment indicating the
effective date and length of the extended Agreement.
City Attorney Approved Version #04.01.02
1
4. TIME IS OF THE ESSENCE
Time is of the essence for each and
5. COMPENSATION
The fees payable to Contractor for
outlined in attached Exhibit "A".
every provision of this Agreement.
Engineering Plancheck Services shall be made as
6. STATUS OF CONTRACTOR
Contractor will perform the Services in Contractor's own way as an independent
contractor and in pursuit of Contractor's independent calling, and not as an employee of
City. Contractor will be under control of City only as to the result to be accomplished,
but will consult with City as necessary. The persons used by Contractor to provide
services under this Agreement will not be considered employees of City for any
purposes.
The payment made to Contractor pursuant to the Agreement will be the full and
complete compensation to which Contractor is entitled. City will not make any federal or
state tax withholdings on behalf of Contractor or its agents, employees or
subcontractors. City will not be required to pay any workers' compensation insurance or
unemployment contributions on behalf of Contractor or its employees or subcontractors.
Contractor agrees to indemnify City within thirty (30) days for any tax, retirement
contribution, social security, overtime payment, unemployment payment or workers'
compensation payment which City may be required to make on behalf of Contractor or
any agent, employee, or subcontractor of Contractor for work done under this
Agreement. At the City's election, City may deduct the indemnification amount from any
balance owing to Contractor.
7. SUBCONTRACTING
Contractor will not subcontract any portion of the Services without prior written approval
of City. If Contractor subcontracts any of the Services, Contractor will be fully
responsible to 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 Agreement will create any contractual relationship between any subcontractor of
Contractor and City. Contractor will be responsible for payment of subcontractors.
Contractor will bind every subcontractor and every subcontractor of a subcontractor by
the terms of this Agreement applicable to Contractor's work unless specifically noted to
the contrary in the subcontract and approved in writing by City.
8. OTHER CONTRACTORS
The City reserves the right to employ other Contractors in connection with the Services.
9. INDEMNIFICATION
Contractor agrees to indemnify and hold harmless the City and its officers, officials,
employees and volunteers from and against all claims, damages, losses and expenses
City Attorney Approved Version #04.01.02 2
including attorneys fees arising out of the performance of the work described herein
caused in whole or in part by any willful misconduct or negligent act or omission of the
Contractor, any subcontractor, anyone directly or indirectly employed by any of them or
anyone for whose acts any of them may be liable.
The parties expressly agree that any payment, attorney's fee, costs or expense City
incurs or makes to or on behalf of an injured employee under the City's self-
administered workers' compensation is included as a loss, expense or cost for the
purposes of this section, and that this section will survive the expiration or early
termination of this Agreement.
10. INSURANCE
Contractor will obtain and maintain for the duration of the Agreement 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 services by Contractor
or Contractor's agents, representatives, employees or subcontractors. The insurance
will 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".
10.1 Coveraqes and Limits.
Contractor will maintain the types of coverages and minimum limits indicated below,
unless City Attorney or City Manager approves a lower amount. These minimum
amounts of coverage will not constitute any limitations or cap on Contractor's
indemnification obligations under this Agreement. City, its officers, agents and
employees make no representation that the limits of the insurance specified to be
carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If
Contractor believes that any required insurance coverage is inadequate, Contractor will
obtain such additional insurance coverage, as Contractor deems adequate, at
Contractor's sole expense.
10.1.1 Commercial General Liabilitv Insurance. $1,000,000 combined
single-limit per occurrence for bodily injury, personal injury and property damage. If the
submitted policies contain aggregate limits, general aggregate limits will apply
separately to the work under this Agreement or the general aggregate will be twice the
required per occurrence limit.
10.1.2 Automobile Liabilitv (if the use of an automobile is involved for
Contractor's work for City). $1,000,000 combined single-limit per accident for bodily
injury and property damage.
10.1.3 Workers' Compensation and Emplover's Liability. Workers'
Compensation limits as required by the California Labor Code and Employer's Liability
limits of $1,000,000 per accident for bodily injury. Workers' Compensation and
Employer's Liability insurance will not be required if Contractor has no employees and
provides, to City's satisfaction, a declaration stating this.
City Attorney Approved Version #04.01.02 3
10.1.4 Professional Liabilitv. Errors and omissions liability appropriate to
Contractor's profession with limits of not less than $1,000,000 per claim. Coverage must
be maintained for a period of five years following the date of completion of the work.
10.2. Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following
provisions:
1 0.2.1 The City will be named as an additional insured on General
Liability.
10.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage.
10.2.3 This insurance will be in force during the life of the Agreement and
any extensions of it and will not be canceled without thirty (30) days prior written notice
to City sent by certified mail pursuant to the Notice provisions of this Agreement.
10.3 Providinq Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City.
10.4 Failure to Maintain Coveraqe. If Contractor fails to maintain any of these
insurance coverages, then City will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by City to obtain or maintain insurance and City may collect these
payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement.
10.5 Submission of Insurance Policies. City reserves the right to require, at anytime,
complete and certified copies of any or all required insurance policies and
endorsements.
11. BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time.
12. ACCOUNTING RECORDS
Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this
Agreement. Contractor will allow inspection of all work, data, documents, proceedings,
and activities related to the Agreement for a period of three (3) years from the date of
final payment under this Agreement.
City Attorney Approved Version #04.01.02
4
13. OWNERSHIP OF DOCUMENTS
All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of City. In the event this Agreement is terminated] all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy of the work product for Contractor’s records.
14. COPYRIGHTS
Contractor agrees that all copyrights that arise from the services will be vested in City
and Contractor relinquishes all claims to the copyrights in favor of City.
15. NOTICES
The name of the persons who are authorized to give written notices or to receive written
notice on behalf of City and on behalf of Contractor under this Agreement.
For City:
Name Robert J. Wojcik L MI IV L
Title Deputy City Engineer Title 4rcIIoe-r Dept Engineering City of Carlsbad
Address 1635 Faraday Avenue Address 2bO E:. A~H I d C7 TDd ,4vL
Phone No. (760) 602-2733 Phone No. (7bo) 3 3 3- 47UO Carlsbad, CA 92008 ESco~~ir~o , CA 93025
Each party will notify the other immediately of any changes of address that would
require any notice or delivery to be directed to another address.
16. CONFLICT OF INTEREST
City will evaluate Contractor’s duties pursuant to this Agreement to determine whether
disclosure under the Political Reform Act and City’s Conflict of Interest Code is required
of Contractor or any of Contractor’s employees, agents, or subcontractors. Should it be
determined that disclosure is required] Contractor or Contractor’s affected employees,
agents, or subcontractors will complete and file with the City Clerk those schedules
specified by City and contained in the Statement of Economic Interests Form 700.
Contractor, for Contractor and on behalf of Contractor’s agents, employees,
subcontractors and consultants warrants that by execution of this Agreement] that they
have no interest, present or contemplated, in the projects affected by this Agreement.
Contractor further warrants that neither Contractor, nor Contractor’s agents, employees,
subcontractors and consultants have any ancillary real property, business interests or
income that will be affected by this Agreement or, alternatively, that Contractor will file
with the City an affidavit disclosing this interest.
City Attorney Approved Version #04.01.02
5
17. GENERAL COMPLIANCE WITH LAWS
Contractor will keep fully informed of federal, state and local laws and ordinances and
regulations which in any manner affect those employed by Contractor, or in any way
affect the performance of the Services by Contractor. Contractor will at all times observe
and comply with these laws, ordinances, and regulations and will be responsible for the
compliance of Contractor's services with all applicable laws, ordinances and regulations.
Contractor will be aware of the requirements of the Immigration Reform and Control Act
of 1986 and will comply with those requirements, including, but not limited to, verifying
the eligibility for employment of all agents, employees, subcontractors and consultants
that the services required by this Agreement.
18. DISCRIMINATION AND HARASSMENT PROHIBITED
Contractor will comply with all applicable local, state and federal laws and regulations
prohibiting discrimination and harassment. -
19. DISPUTE RESOLUTION
If a dispute should arise regarding the performance of the Services the following
procedure will be used to resolve any questions of fact or interpretation not otherwise
settled by agreement between the parties. Representatives of Contractor or City will
reduce such questions, and their respective views, to writing. A copy of such
documented dispute will be forwarded to both parties involved along with recommended
methods of resolution, which would be of benefit to both parties. The representative
receiving the letter will reply to the letter along with a recommended method of
resolution within ten (1 0) business days. If the resolution thus obtained is unsatisfactory
to the aggrieved party, a letter outlining the disputes will be forwarded to the City
Manager. The City Manager will consider the facts and solutions recommended by each
party and may then opt to direct a solution to the problem. In such cases, the action of
the City Manager will be binding upon the parties involved, although nothing in this
procedure will prohibit the parties from seeking remedies available to them at law.
20. TERMINATION
In the event of the Contractor's failure to prosecute, deliver, or perform the Services,
City may terminate this Agreement for nonperformance by notifying Contractor by
certified mail of the termination. If City decides to abandon or indefinitely postpone the
work or services contemplated by this Agreement, City may terminate this Agreement
upon written notice to Contractor. Upon notification of termination, Contractor has five
(5) business days to deliver any documents owned by City and all work in progress to
City address contained in this Agreement. City will make a determination of fact based
upon the work product delivered to City and of the percentage of work that Contractor
has performed which is usable and of worth to City in having the Agreement completed.
Based upon that finding City will determine the final payment of the Agreement.
City Attorney Approved Version #04.01.02
6
Either party upon tendering thirty (30) days written notice to the other party may
terminate this Agreement. In this event and upon request of City, Contractor will
assemble the work product and put it in order for proper filing and closing and deliver it
to City. Contractor will be paid for work performed to the termination date; however, the
total will not exceed the lump sum fee payable under this Agreement. City will make the
final determination as to the portions of tasks completed and the compensation to be
made.
21. COVENANTS AGAINST CONTINGENT FEES
Contractor warrants that Contractor has not employed or retained any company or
person, other than a bona fide employee working for Contractor, to solicit or securethis
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, City will 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 the fee, commission,
percentage, brokerage fees, gift, or contingent fee.
22. CLAIMS AND LAWSUITS
By signing this Agreement, Contractor agrees that any Agreement claim submitted to
City must be asserted as part of the Agreement process as set forth in this Agreement
and not in anticipation of litigation or in conjunction with litigation. Contractor
acknowledges that if a false claim is submitted to City, it may be considered fraud and
Contractor may be subject to criminal prosecution. Contractor acknowledges that
California Government Code sections 12650 et seq., the False Claims Act applies to
this Agreement and, 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 City seeks to recover penalties pursuant to the False Claims Act, it is
entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges
that the filing of a false claim may subject Contractor to an administrative debarment
proceeding as the result of which Contractor may be prevented to act as a Contractor
on any public work or improvement for a period of up to five (5) years. Contractor
acknowledges debarment by another jurisdiction is grounds for City to terminate this
Agreement.
23. JURISDICTIONS AND VENUE
Any action at law or in equity brought by either of the parties for the purpose of
enforcing a right or rights provided for by this Agreement will be tried in a court of
competent jurisdiction in the County of San Diego, State of California, and the parties
waive all provisions of law providing for a change of venue in these proceedings to any
other county.
City Attorney Approved Version #04.01.02 7
24. SUCCESSORS AND ASSIGNS
It is mutually understood and agreed that this Agreement will be binding upon City and
Contractor and their respective successors. Neither this Agreement or any part of it nor
any monies due or to become due under it may be assigned by Contractor without the
prior consent of City, which shall not be unreasonably withheld.
25. ENTIRE AGREEMENT
This Agreement, together with any other written document referred to or contemplated
by it, along with the purchase order for this Agreement and its provisions, embody the
entire Agreement and understanding between the parties relating to the subject matter
of it. In case of conflict, the terms of the Agreement supersede the purchase order.
Neither this Agreement nor any of its provisions may be amended, modified, waived or
discharged except in a writing signed by both parties.
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City Attorney Approved Version #04.01.02
8
26. AUTHORITY
The individuals executing this Agreement and the instruments referenced in it on behalf
of Contractor each represent and warrant that they have the legal power, right and
actual authority to bind Contractor to the terms
CONTRACTOR
HELMING ENGINEERING, INC., a
California Corporation n DbV&'&J L. &Z&/AJb ATTEST:
(s' n here)
(print name/title) /&-~,oc=u r
**By:
(sign here) City Clerk
(print namdtitle)
If required by City, proper notarial acknowledgment of execution by contractor
must be attached. If a Corporation, Agreement must be signed by one corporate
officer from each of the following two groups.
*Group A.
Chairman,
President, or
Vice-president
**Group B.
Secretary,
Assistant Secretary,
CFO or Assistant Treasurer
Otherwise, the corporation must attach a resolution certified by the secretary or
assistant secretary under corporate seal empowering the off icer(s) signing to bind the
corporation.
APPROVED AS TO FORM:
RONALD R. BALL, City Attorney
City Attorney Approved Version #04.01.02
9
State of California )
) County of San Diego )
On, May 27, 2003, before me, Belinda R. Guzman, Notary Public, personally appeared
Douglas L. Helming, personally known me to be the person whose name is subscribed to
the within instrument and acknowledged to me that he executed the same in his
authorized capacity, and that by his signature on the instrument the person, or entity upon
behalf of which the person acted, executed the instrument.
.
WITNESS my hand and official seal
-1
(This area for
official notary seal) Signature of Notary
Title or Type of Document Agreement for Engineering Plancheck Services (Helming
Engineering, Inc.)
Date of Document 05-27-03 No. of Pages 21
(9 Agreementll2Attac)
Signer(s) other than named above None
EXH l BIT ” A”
ENGINEERING PLANCHECKING SERVICES
1. CONTRACTOR’S 0 6 LIG AT10 NS
The Contractor shall provide qualified professional engineering plancheck services in
accordance with the “Project Engineer’s Manual”, latest edition, as published by the City’s
Engineering Department, City “Standards for Design & Construction of Public Works
Improvements in the City of Carlsbad and shall provide 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 or site plan.
4. Determine if the general format for the plan is in conformance with City of
Carlsbad requirements, or modifications thereof.
5. Check hydrology and hydraulic calculations, and the design of the storm
drain system in conformance with the City standards, or modifications
thereof.
6. Determine any diversions, concentrations or increases in drainage flow,
and any potential for damage to off-site property resulting from such
drainage. If so, ensure project mitigates such diversions, concentrations,
or increases in drainage flow. Check for adequate capacity of inlets,
curbs, brow ditches and down drains.
7. Determine requirements for easements necessary to encompass the
facility and whether they have been obtained before plan approval.
8. Determine if any work is proposed that requires a temporary construction
or slope easement necessary to construct the improvements.
Easements must be obtained prior to plan approval.
1
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
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. All agency approvals must be
obtained prior to City approval.
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.
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, list of quantities, and
contingencies between the engineer's cost estimate and the plans.
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 project-related improvement documents filed at the
City.
2
1 9. 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.
20. Review project against latest State Storm Water Quality Regulations and
ensure project is incorporating post-development Best Management
Practices (BMP) measures to verify that pollutants of concern are
identified and that treatment BMP’s meet numeric sizing criteria pursuant
to Order 2001-01, or latest version. Review and require project Storm
Water Management Plans (SWMP), when required per Order 2001 -01.
21. Review Storm Water Pollution Prevention Plans (SWPPP’s), when
required per State Regional Water Quality Control Board regulations,
latest version. Ensure that project SW PPP’s identify the construction
BMP’s to be implemented during the course of the project. Utilize
checklists, prepared by the California Regional Water Quality Control
Board, to verify content and organization of SWPPP’s.
B. 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.
6. 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 recommendations on necessity for
additional soils review and review any such additional soils reports that
are submitted.
7. Compare the grading plan with the grading shown on any and all
discretionary approvals and the conditions thereto applied by the
appropriate City body.
8. Compare the grading plan with the improvement plans for the project.
9. Compare the grading plan with the approved environmental information.
3
10. Check for the following technical items:
a.
b.
C.
d.
e.
f.
9.
h.
i.
j.
k.
1.
m.
n.
0.
Setback from property line;
Identification of property and easement lines;
Amounts noted for excavation, fill, import, export, remedial (cubic
yards);
Cut slope and fill slope inclination 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 or slope;
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.
Verify compliance with City Ordinances, Standards, policies and
resolutions that apply to the subject plans.
Good engineering practice.
11. Check hydrology and hydraulic calculations, and the design of the
drainage system for conformance with City Standards, or modifications
thereof.
12. 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 inlets, curbs, brow ditches and
down drains.
13. Check for non-erosive velocities at point of discharge or adequate energy
dissipation.
4
14. Review erosion control plans and check for conformance with the
SW PPP, California BMP Handbook, Municipal Code, and California
Regional Board requirements.
15. Check landscape plans for conformance to the grading plans and for
conformance with intersection sight corridors and corner cut-offs. Verify
large trees are not proposed over proposed public facilities.
16. 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 and that they
are consistent with any improvement plans, final map, and other adjacent
project-related improvement documents furnished by the City.
17. 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.
18. Review project against latest State Storm Water Quality Regulations and
ensure project is incorporating post-development BMP measures to verify
that pollutants of concern are identified and that treatment BMP’s meet
numeric sizing criteria pursuant to Order 2001 -01, or latest version.
Review and require project Storm Water Management Plans (SWMP),
when required per Order 2001 -01.
19. Review Storm Water Pollution Prevention Plans (SWPPP’s), when
required per State Regional Water Quality Control Board regulations,
latest version. Ensure that project SW PPP’s identify the construction
BMP’s to be implemented during the course of the project. Utilize
checklists, prepared by the California Regional Water Quality Control
Board, to verify content and organization of SWPPP’s.
C. CHECKING FINAL MAPS AND PARCEL MAPS
Contractor shall perform the following;
1. Review submittal for completeness.
2. Determine that the map is in conformance with applicable conditions of
approval and the approved tentative map or Tentative Parcel Map.
3. Check that the format is in compliance with the City of Carlsbad
Municipal Code Section 20, and County Map Processing Manual, latest
version, or any modifications thereof.
4. 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.
5
5.
6.
7.
8.
9.
10.
11.
12.
13.
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 dedication;
b. Engineer's or Surveyor's Statement;
c. City Engineer's Statement of Approval;
d. City Clerks Certificate of Approval by City Council and Acceptance
of Offer of Dedication: and
e. Such other affidavits, certificates, acknowledgements,
endorsements, and notarial seals as required by the Subdivision
Map Act and the Carlsbad Municipal Code.
f. Signature omission statement
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.
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 project-related improvement documents furnished by the City.
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.
Check that the basis of bearings for the survey is in NAD 83 coordinates
pursuant to the City of Carlsbad Digital Submittal Requirements and
County Map Processing Manual.
6
14. Verify signature authorization against the title sheet of map to verify the signature(s) listed are authorized to bind the company or entity of the
owner.
D. CHECKING WATER, SEWER AND RECYCLED WATER IMPROVEMENT PLANS
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
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 Carlsbad Municipal Water District's (CMWD's) checklist, 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 obtaineddedicated.
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.
Review plancheck submittals with City staff to discuss significant revi'ew
comments and/or unresolved issues.
Review public potable water distribution and transmission mains, laterals,
booster pump stations, and pressure reducing stations designs against Carlsbad Municipal Water District Standards, latest edition or revision thereof. Among other actions, but at minimum, Contractor shall review point-of-connection, pipe layout, hydraulic grade line, pressure design, pipe material, critical bends, valves layout, meters, thrust blocks, stationing, cross-connects with recycled water, hydrant locations, blow-off and manual air release locations, automatic air release locations, depth
of pipe, vertical conflicts, easements, accessibility, offset from curb, pressure at each lot, meter sizing, meter location, and fire services. Contractor shall coordinate with City for special design considerations.
7
12. Review public sewer lines and pump station designs against Carlsbad
Municipal Water District Standards, latest edition or revision thereof.
Among other actions, Contractor shall review point-of-connection, sewer
alignment, cleanout locations, access hole placement, depth of sewer,
gravity flow, easements, accessibility, sewer laterals, invert elevations,
vertical conflicts, and sewer lateral tables. Contractor shall coordinate
with City for special design considerations.
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 (during resubmittal). Upon receipt of comments from
affected departments or agency, City staff shall transmit the comments to the Contractor.
8
C. City shall provide the Contractor with the following documents:
1. A copy of "Title 20: Subdivisions" and "Title 15.16: Grading and Erosion
Control" of the Carlsbad Municipal Code, and all revisions as they are
adopted.
2. A copy of the latest edition of the "Standards for Design and Construction
of Public Works Improvements in the City of Carlsbad."
3. A copy of the latest edition of the "Carlsbad Rules & Regulations for
Construction of Public Potable Water Mains".
4. A copy of the latest edition of the "Carlsbad Reclamation Rutes &
Regulations for Construction of Reclaimed Water Mains".
5. A copy of the latest edition of the "Carlsbad Standard Sewer System
Design Criteria and Standard Drawings &. Specifications".
6. A copy of any other written policies, standards, or criteria adopted or
used by City applicable to Contractor's planchecking services, as
described above.
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.
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.
9
H. Before improvement plans are assigned to Contractor, City shall review the cost
estimate, as prepared by the Engineer-of-work, and verify the "cost basis" (Basis) for Contractor
fees. Any items included in the cost estimate that the City decides the Contractor should not
review can be removed from the Basis, at the discretion of the City. City shall add remarks on
the plan check assignment sheet informing Contractor not to review specific portions of the
improvement plan. City will reduce the Contractor fees accordingly.
3. PROGRESS AND COMPLETION
Contractor shall complete planchecks according to the following schedule:
1. First plancheck: complete and return to City within fifteen (15) workinq davs of
notice to Dick up.
2. Second and third planchecks: complete and return to City within ten (101 working
davs of notice to pick UD.
3. Mylar: complete and return to City within five (5) working davs of notice to Dick
le*
4. Construction revisions to grading or improvement plans: complete and return to City within three (3) workinq davs of notice to Dick 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 "l", Schedule of Fees, except as otherwise provided for in Section 3.
During each year, beginning July 1 , 2003, 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.
10
Fee shall become payable according to the following schedule:
First plancheck completed
Second plancheck completed
Third plancheck completed
Plan or map approval and submittal of written certification
40% of total fee
25% of total fee
20% of total fee
15%* of total fee of plancheck
*Actual amount may be adjusted so that 100% of total fee based on City-armroved
quantities or cost estimates (or reductions to the estimate imposed by City) is paid. City
may reduce the final cost estimate used for final payment, if the estimate includes items
not plan checked by Contractor.
5. PAYMENT OF FEES
On the 5'h working day of each month, Contractor shall submit hidher 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.
Contractor shall bill for work performed on an invoice format as provided by the City.
6. 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.
6. Copies of the approved technical documents for City files including, but not
limited to final map, grading plans, improvement plans, plats, legal descriptions, traverse
calculations, Covenents Codes & Restrictions (CC&R's), cost estimates, title reports,
hydrology/hydraulic studies, Storm Water Management Plans, Storm Water Pollution Prevention
Plans, Soils Reports, Geotechnical Reports, slope stability analysis, letter of permission for
offsite work, non interference letters, etc that were reviewed and approved as part of the project.
C. Certification of department approvals (e.g.: Planning, Traffic, Maintenance and
Operations, Design, etc.
11
EXHIBIT "1 "
SCHEDULE OF FEES
1,001 to 10,000 Cubic Yards
10,001 to 100,000 Cubic Yards
For plancheck of:
1. IMPROVEMENT PLANS
Estimated Cost of Improvements
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 $90 for each additional 10.000 cubic yards
$1,000
$1,700
up to $20,001 to
$100,001 to
$1,000,001
$50,001 to
$250,001 to $500,001 to
100,001 to 200,000 Cubic Yards
$20,000
$1 00,000
$1,000,000
$50,000
$250,000 $500,000
and above
or fraction thereof. for the first 100,000 cubic yards plus $120 for each additional $10,000 cubic $2,600
Contractor Fee
200,001 Cubic Yards or More
5.0% $200 minimum 4.0% $1,000 minimum 3.0% $2,000 minimum
2.5% $3,000 minimum 2.0% $6,250 minimum 1.5% $1 0,000 minimum .75% $1 5,000 minimum
$4,000 I for the first 200,000 cubic yards plus
2. GRADING PLANS
$60 for each additional 1OO;OOO cubic yards or fraction thereof.
3. Final Map
4. Parcel Map
5. Adjustment Plat
6. Certificate of Correction
7. Dedication of Easement
8. Street Vacation (Summary)
9. Street Vacation 10. Quitclaim of Easement
11. Construction Change 12. Certificate of Compliance (in lieu of parcel map)
13. Certificate of Compliance Parcel
Contractor Fee
$2,000 plus $5/acre $1,250 $450 $200 $250 $400
$400
$250 $200 plus $1 1 O/sheet $1,250 $200
12
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 certe 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 Calif?ornia, 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 full force and effect.
IN WITNESS WHEREOF, I have aExed my name as Secretary and caused the corporate
seal of said corporation to be affixed, this 27th day of May 2003.
PRODUCER
Cavignac h Associates 1230 Columbia St., Suite 850 San Diego CA 92101-3547 Phone : 619 -2 34 -6848
INSURED
Fax : 6 19 -234 -86 01
Helming Engineering ldz. DO~ Helming
Escondido CA 82025 200 E. .#ashin ton Ave. , #221
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE
INSURER A UnitedStatesFidelityeQuaranty Xv
INSURERE oreat Amerlcan Assurance co # y//i
INSURER C
INSURER D
INSWEP E
f --
TYPE OF INSURANCE
GENERAL LIABlLlTY -
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED WED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLlClES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE iiMiTs SHOWN tw HAVE BEEN REDUCED BY PAID CLAIMS.
GEMRPL LIABILITY
CLAIMS WE OCCui
POLICY EFFEC
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GEN’L AGGREGATE LIMIT APPLIES PER
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WORKERS COMPENSATION AND
EMPLOYERS’ LlWlclly
05/13/03
OTHER
Prof easional
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UPTION OF OPERATlDNSflOCATIONSN
AGG AUTO MY I
BK03365035
WC STATU OTK TORY LIMITS ER
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05/13/03
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QI1017182-00 05/13L01
05/13/04
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CITY OF CARLSEAD ENQINEERINa DGPT .
1635 FARADAY AVE.
CARLSBAD, CA 92008
I
05/13/04
M IOULD ANV or n IC ADOYC DCOUIIDCD roLicico DC CANCCLLCD ocronc n K cmriwnor
DATE THEREOF, THE ISSUING INSURER WlCL ENDEAVOR TO MAIL a DAYS WRmEN
NOTICE TO THE CERTIFICATE HOLDER N4MED TO THE LEFT, ELIT FAILURE TO DO SO SHALL
IMPOSE NO OBLimnoN OR LIAEIL~~Y OF ANY KIND’UPON ME INSURER, ITS AGENTS OR
REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE
Dorothy Amundson
LIMITS I
EACH OCCURRENCE 15 1,000,000-
FlREWEIAnvone8re) 1 S 300 -000
BODILY INJURY (Per person]
BODILY INJURY (Per accident)
PROPERTY OWGE (Per accident)
AUTO OWY - EAACCIDENT
EACHOCCURRENCE (S
$ AGGREGATE
Is
E L DISEASE - EA EMPLOYEE] $
EL DISEASE - POLICY LIMIT 1 S
Ea Claim 1,000,000
Aggregate 1,000,000
Poticy Number: ~~01365835
AODmwlAL INSURED
hers, Lessees Or Contractors (Form 9
Helming Engineering
THlSBOORsBIw€Nl WGESTHE POUR. PLEASE REA0 IT CARERILlY. This endorsement modlfies insurance provided under the follwtny
LIABILITY COViRAGE PART
Schedule
Name of Person or Organizatm
AS REouinm BY WO~K CONTRACT
The City of Carlsbad, its officials, employees b volunteers
4. SE[:llflN II - WIIII IS AN INSIJHFD is amended tn
include as an insured the persori or urganiration shown
in the Schedule. hut only with respect to liability arising
rut nf "pirwnrk' for that inwed hv or far ym
2. With respect to 1. above the fallowing additional
provision applies:
SECTION IV. 5. Other Insurance is replaced by the
following:
3. Other Insurm.
The insurance afforded by this Covonge Part io
primary irisuran(x and we will nct seek
contribution from any valid and collectible 'other
insurance' available to the insured unloss the
valid and mllectible 'other insurance' is provided
by a person or organization who is not sham in
the schedule. Then we will share with that valid
and collectible "other insurance' by the method
described below.
If all of the valid and collectible 'orher insurance'
permits wntribution by equal sharcs, we will
follow this method also. Under this approach, each
insurer contributes equal amounts until it has paid
its applicable limit of inarrance nr nnne nf the loss
remains, whichewer mmes first.
If any of the valid and collectible "ather insurance'
does not permit contribution by equal shares, we
will contribute by limits. Under this method, each
Insurer's share is based on the ratio of its
applicable limit of insurance io the total applicable
limits of insurance of all insurers.
CVBF 22 45 09 99 Includes copyrighted ralerial d hsuraiice e Sertiref Office. 'nc , with It< wermission
Cmrightd. Lnswaom bwces OWito. hc, 1984
Paw 1 of 1
Policy Number: ~~01365835
WAlMR
Tnnsfer Of Rishts M Recovery Against Others
Helming Engineering
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
This endorsement modifies insurance provided under the following:
a LIABILITY COVERAGE P.MT 0 BUSJNESSAUTO COVERAGE PART (SECTION \I)
COMMEACIAI I JMRRFl I A 1 IAAJI ITY C:IIVFRAGE PART
Designated Person Or Organization:
BLANKET WAIVER OF RIGW OF RCCOVERY WIiEN REQUIRED BY A WORK C[)NTRACl
The City of Carlsbad, it5 officials, employees h volunteers
Contract Number:
Description of Project
location ai Project
We waive any righl of recovery 'we may have against the
person or organtalioil designated in the Schedule because
of payments we mike for injury w damage arising out of
work you pertom iinrler a contracl with the designated
person or organization The waiver applies only to the
designatcd person or organization and the work you perform
must be under the contract, and for the project and location,
designated m the Schehle.
Inclodoc copyrightod matorid of kiwanco Sowic6s Office, 1111: with 11s permarion
Cowtight lnswancc Services Office, Inc , 'W