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HomeMy WebLinkAbout2015-06-09; City Council; 21991; Agreements Planchecking Services Atkins North America and RBF ConsultingCITY OF CARLSBAD - AGENDA BILL 16 AB# 21,991 APPROVAL OF PROFESSIONAL SERVICES AGREEMENTS FOR PLANCHECKING SERVICES WITH ATKINS NORTH AMERICA, INC. AND RBF CONSULTING, INC. DEPT. DIRECTOR MTG. 6/9/2015 APPROVAL OF PROFESSIONAL SERVICES AGREEMENTS FOR PLANCHECKING SERVICES WITH ATKINS NORTH AMERICA, INC. AND RBF CONSULTING, INC. CITY ATTORNEY 1^ DEPT. CED APPROVAL OF PROFESSIONAL SERVICES AGREEMENTS FOR PLANCHECKING SERVICES WITH ATKINS NORTH AMERICA, INC. AND RBF CONSULTING, INC. CITY MANAGER iTX RECOMMENDED ACTION: Adopt City Council Resolution No. 2015-148 approve the professional services agreements for planchecking services with: 1. Atkins North America, Inc., in an amount not to exceed $300,000 per agreement year; and 2. RBF Consulting, Inc., in an amount not to exceed $300,000 per agreement year. ITEM EXPLANATION: On April 6, 2015, the Land Development Engineering Division released a Request for Qualifications (RFQ) for third party planchecking services to provide technical review and support for development projects. Four proposals were received and ranked by a committee composed of city staff members familiar with the technical needs of the development process. Proposals were evaluated based on proposed services and methodology, overall response to request, best value, related experience ofthe firm and project team and client reference information. Based on these criteria the committee chose the top two firms in order to meet the development demands currently experienced by the city. Development activity in the city has increased dramatically in the past two years. In Fiscal Year 2013-2014, land development engineering plancheck fees collected were more than double the budgeted amount. In the current fiscal year to date, engineering plancheck fees are already exceeding what was budgeted for the year. In addition to processing development and permit applications, land development engineering staff are actively providing support and resources on the following strategic initiatives: Village revitalization and infrastructure projects Village & Barrio Master Plan Integrated Community Development System (new permitting & licensing system) Implementation of new state storm water regulations Agua Hedionda 85/15 Specific Plan Initiative Given the need to keep city staff resources devoted to these important projects, it is necessary to put in place adequate third party planchecking resources to ensure that the development community is attended to in a timely and professional manner. The city has negotiated professional services agreements with Atkins North America, Inc., and RBF Consulting, Inc., and is recommending approval of professional services agreements to maintain development service levels through this time of heavy development and strategic projects throughout the city. The two firms will also be expected to train on, learn, and use the city's new permitting and licensing system as the city moves toward paperless plan review in the coming years. The city has contracted previously with Atkins North America, Inc. and RBF Consulting, Inc. Both companies have trained professional staff members that know and understand city processes. Each proposed agreement is for an initial period of two years, with an option for one additional two-year extension. DEPARTMENT CONTACT: Jason Geldert, 760-602-2758, iason.geldert@carlsbadca.gov FOR CITY CLERKS USE ONLY. COUNCIL ACTION: APPROVED K CONTINUED TO DATE SPECIFIC • DENIED • CONTINUED TO DATE UNKNOWN • CONTINUED • RETURNED TO STAFF • WITHDRAWN • OTHER-SEE MINUTES • AMENDED • Professional Services Agreements For Planchecking Services June 9, 2015 Page 2 FISCAL IMPACT: The Land Development Engineering Division projects $480,000 for consultant planchecking services for FY 2015-2016. Fiscal year to date $595,800 has been collected in plan review revenues. All consultant costs for planchecking services are recovered through plan review fees. ENVIRONMENTAL IMPACT: Pursuant to Public Resources Code section 21065, this action does not constitute a "project" within the meaning of CEQA in that it has no potential to cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, and therefore does not require environmental review. EXHIBITS: 1. City Council Resolution No. 2015-148 2. Professional Services Agreement with Atkins North America, Inc. 3. Professional Services Agreement with RBF Consulting, Inc. EXHIBIT 1 1 RESOLUTION NO. 2015-148 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CAUFORNIA, APPROVING PROFESSIONAL SERVICES AGREEMENTS FOR PLANCHECKING SERVICES WITH ATKINS NORTH AMERICA, INC 4 AND RBF CONSULTING. INC 3 26 27 28 years; and WHEREAS, the city is in the midst of a number of strategic projects such as Village revitalization projects, the Village & Barrio Master Plan, the General Plan update, the new 5 WHEREAS, development within the city has increased over the past two fiscal 6 7 8 9 permitting and licensing software system, and the Agua Hedionda 85/15 Specific Plan Initiative, 11 all of which require the participation of land development engineering staff; and 12 WHEREAS, the city expects a continued increase in private development activity 13 and staff resources needs devoted to additional city strategic projects in the coming years; and 14 WHEREAS, the Land Development Engineering Division issued a request for 15 qualifications (RFQ) for engineering planchecking professional services on April 6, 2015 and a 16 ly total of four (4) proposals were received; and 18 WHEREAS, based on the firms experience, knowledge of city standards, processes 1^ and procedures and overall response to the RFQ, staff recommends entering into professional 20 services agreements with Atkins North America, Inc., and RBF Consulting, Inc., to provide 21 engineering planchecking professional services; and 22 2^ WHEREAS staff recommends that the professional service agreements with Atkins 24 North America Inc. and RBF Consulting Inc. be approved for an amount not to exceed $300,000 25 per agreement year; and WHEREAS, the engineering planchecking professional services are funded through city planchecking and permitting fees. 1 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, ^ California, as follows that: 1. The above recitations are true and correct and incorporated herein. 2. That the Mayor is hereby authorized and directed to execute the professional services agreement with Atkins North America, Inc. for planchecking services. 3 4 5 6 7 3. That the Mayor is hereby authorized and directed to execute the professional 8 services agreement with RBF Consulting, Inc., for planchecking services. /// /// /// /// 9 10 11 12 13 14 /// 15 /// 16 17 18 19 20 23 24 25 26 27 28 /// /// /// /// 21 /// 22 /// /// /// /// /// 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a Regular Meeting ofthe City Council ofthe City of Carlsbad on the 9^^ day of June, 2015, by the following vote to wit: AYES: NOES: Council Members Hall, Blackburn, Schumacher, Wood, Packard. None. ABSENT: None. MATT HALL, Mayor ATTEST: ARBARA ENGLESOMC^ty Clerk (SEAL) /^"^^.^^^ * 7. AGREEMENT FOR PLANCHECKING SERVICES (ATKINS NORTH AMERICA, INC.) THIS AGREEMENT is made and entered into as of the day of , 2015, by and between the CITY OF CARLSBAD, a municipal corporation, ("City"), and ATKINS NORTH AMERICA, INC., a Florida Corporation, ("Contractor). RECITALS A. City requires the professional services of an engineering consultant that is experienced in engineering plan check services. B. Contractor has the necessary experience in providing professional services and advice related to engineering plan check services. C. Contractor has submitted a proposal to City and has affirmed its 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 two (2) years from the date first above written. The City Manager may amend the Agreement to extend and fund it for one (1) additional two (2) year period or part thereof. 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 Time is ofthe essence for each and every provision of this Agreement 5. COMPENSATION The total fee payable for the Services to be peri'ormed during the initial Agreement term will be three hundred thousand dollars ($300,000.00) per Agreement year. No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. If the City elects to extend the Agreement, the amount shall not exceed three hundred thousand dollars ($300,000.00) per Agreement year. The City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or Services specified in Exhibit "A". Incremental payments, if applicable, should be made as outlined in attached Exhibit "A". City Attomey Approved Version 4/1/15 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 by any negligence, recklessness, or willful misconduct 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-:Vir'; OR with a surplus line insurer on the State of California's List of Approved Surplus Line Insurers (LASLI) with a rating City Attorney Approved Version 4/1/15 in the latest Best's Key Rating Guide of at least "A:X"; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report. 10.1 Coveraae and Limits. Contractor will maintain the types of coverage and minimum limits indicated below, unless the Risk Manager 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 ofthe 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. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. 10.1.1 Commercial General Liabilitv Insurance. $2,000,000 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. Workers' Compensation 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. 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 Commercial General Liability which shall provide primary coverage to the City. 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 ofthe 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 Providing 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 Coverage. 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. City Attorney Approved Version 4/1/15 <b 10.5 Submission of Insurance Policies. City reserves the right to require, at any time, complete and certified copies of any or all required insurance policies and endorsements. 11. BUSINESS LICENSE Contractor will obtain and maintain a City of Carisbad 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. 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 ofthe persons who are authorized to give written notice or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. For Citv For Contractor Name Jason Geldert Name Sean McCarty, P.E. Title City Engineer Title Division Manager Department CED - LDE Address 3570 Carmel Mountain, Suite 300 City of Carisbad San Diego, CA 92130 Address 1635 Faraday Ave Phone No. 858-259-0741 Carisbad, CA 92008 Email sean.mccarty@atkinsglobal.com Phone No. 760-602-2758 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 Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carisbad Conflict of Interest Code. The Contractor shall report investments or interests in all four categories. City Attorney Approved Version 4/1/15 a 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 ofthe requirements ofthe 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 whose services are 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 othenwise 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 (10) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be fonwarded 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 ofthe 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 ofthe 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 City Attorney Approved Version 4/1/15 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 ofthe 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. JURISDICTION 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 nor 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. 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. City Attorney Approved Version 4/1/15 CONTRACTOR: ATKINS NORTH AMERICA, INC. (sign here) Charlotte A. Maddox Senior Vice President CITY OF CARLSBAD, a municipal corporation of the State of California By: [INSERT TITLE OF PERSON AUTHORIZED TO SIGN (City Manager or Mayor or Division Director as authorized by the City Manager)] (print name/title) Secretary (print name/title) ATTEST: BARBARA ENGLESON City Clerk 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: CELIA A. BREWER, City Attorney Assistant City Attornev[ City Attorney Approved Version 4/1/15 W NOTARY ACKNOWLEDGEMENT STATE OF FLORIDA COUNTY OF HILLSBOROUGH^_) PERSONALLY APPEARED before me, the undersigned authority, Charlotte A. Maddox and C. Ernest Edgar. IV , well known to me or who has produced as identification and known by me to be the Senior Vice President and Secretary of the corporation named above, and acknowledged before me that he executed the foregoing instrument on behalf of said corporation as its true act and deed, and that he were duly authorized to do so. WimESS my hand and official seal this 22nd day of May, 2015. NOTARY PUBLIC _ Print Name: AD^^O^/tA^ L - 0 / T My Commission Expires: BARBARA L OTT /*: A f*1 Commission # EE 218443 Expires November 18,2016 '^*flfii!'°'' Bondedllira Troy Fain Insurance 800.385-7019 EXHIBIT "A" SCOPE OF SERVICES 1. CONTRACTOR'S OBUGATIONS The contractor shall provide qualified professional engineering and land surveying plancheck services in accordance with the "Project Engineer's Manual", latest edition, as published by the city "City of Carlsbad Engineering Standards" and shall provide all facilities, equipment, and standard engineering reference materials necessary to perform as required herein. The City of Carlsbad is In the process of Implementing Tyler Technologies' Energov solution for land management, business licenses and code compliance. The chosen contractor will be provided appropriate licensing for Energov and will be expected to enter planchecking and inspection information. The ultimate goal of the project is to implement and contractor to participate in digital planchecking. Should the city move to digital plan review during the agreement period, contractor will be expected to provide their own Adobe Acrobat or Bluebeam software license(s) to carry out the review in accordance with city procedures. A. CHECKING IMPROVEMENT PLANS: Contractor shall perform the following work for each project: 1. Review submittal for completeness. 2. Examine record 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 relative to compatibility with existing conditions. 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. Determine if the plans are in compliance with the latest local, state and federal accessibility requirements. A CASp Certified reviewer shall be available as determined by the city. 6. Check hydrology and hydraulic calculations, and the design of the storm drain system in conformance with the City standards, or modifications thereof. 7. 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. 8. Determine requirements for easements necessary to encompass, access, and maintain the facility and whether they have been obtained before plan approval. 9. 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. City Attorney Approved Version 4/1/15 (9 10. 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. 11. Check sight distances, horizontal radius, and vertical curves on streets. Coordinate sight distance requirements with landscape plans. 12. Determine that the plans, as submitted, are in conformance with the latest version ofthe Carlsbad Municipal Code, the City of Carlsbad Engineering Standards, Carlsbad Municipal Water District Standards, and other applicable standards used by the city. 13. Determine if the plans meet overall technical conformance and adherence to good design practice. 14. Determine that the striping, signing, traffic signals, and all other traffic control equipment are shown on the plans in conformance with the Carisbad Municipal Code, City of Carlsbad Engineering Standards, and other applicable codes and standards used by the city and in coordination with the city traffic engineer. 15. Determine that traffic signals, intersection control, detour, phasing, and all other sequence plans are shown on the plans in conformance with the Carlsbad Municipal Code, City of Carisbad Engineering Standards, and other applicable codes and standards used by the city. 16. 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. 17. Determine that street medians, if required, are shown on the plans in conformance with the Carisbad Municipal Code, City of Carlsbad Engineering Standards, City of Carlsbad Landscape Manual, and other applicable codes and standards used by the city. 18. Determine the accuracy ofthe quantity calculations, list of quantities, and contingencies between the engineer's cost estimate and the plans relative to current city-adopted unit prices. 19. 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. 20. 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. 21. 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 2013-0001, or latest version. Review and require project Storm Water Management Plans (SWMP), when required per Order 2013-0001. 22. Ensure appropriate Storm Water Pollution Prevention Plans (SWPPP's) are submitted in accordance with City Stormwater Standards (i.e.: Tier 1, Tier 2, Tier 3). Ensure Tier 3 SWPPP's satisfy 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 ofthe project. Utilize checklists, prepared by the California Regional Water Quality Control Board or CASQA templates to verify content and organization of SWPPP's. 23. Review Homeowner/Property Owner Association's Covenants, Conditions, & Restrictions for appropriate clauses that cover maintenance of applicable private improvements. City Attorney Approved Version 4/1/15 24. Prior to submitting the first plancheck comments to the city, perform field visit. Take digital photos of site boundaries, appurtenances and other relevant features. Submit photos to city's project engineer. 25. During the submittal of the first plancheck comments, meet with city's project engineer. Submit plancheck, photos, checklist, and a project report. The city's project engineer may waive the meeting on small planchecks. 26. Subsequent planchecks require a checklist along with the plancheck red lines and written comments. The checklist is to be developed by the plan checker unless the city issues a city checklist. The checklist is to have a significant amount of items specific to the plancheck being performed, including the Conditions of Approval. The city approved planchecker is to initial each line item of the checklist to verify that the item has been reviewed. If the item is not relevant, then the planchecker is to initial the item and place a N/A as "not applicable." 27. The planchecker is to coordinate with the appropriate city department regarding issues relevant to that particular department. B. CHECKING GRADING AND EROSION CONTROL PLANS: Contractor shall perform the following: 1. Review submittals for completeness. 2. Examine record plans, tour the site in the field, become familiar with the general concept as proposed by the project applicant relative to compatibility with existing conditions. 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. 10. Check for the following technical items: a. Setback from property line; b. Identification of property and easement lines; City Attorney Approved Version 4/1/15 10 c. Amounts noted for excavation, fill, import, export, remedial (cubic yards); d. Cut slope and fill slope inclination ratios; e. Existing contours; f. Final grades shown by contours and spot elevations; g. Location of cut and placement of fill (cut-fill transitions), daylight and limit lines shown on the plan); h. Typical lot drainage; i. Typical berm or swale at the top ofthe fill or slope; j. Typical brow ditch; k. Terrace drains; 1. Percent of grade of streets and driveway, length of vertical curves; and m. Horizontal and vertical site distance cross-checked with improvement plans; n. Verify compliance with city ordinances, standards, policies and resolutions that apply to the subject plans. o. Good engineering practice. p. Permanent post-construction site design, source control and treatment control BMP's have been proposed and are consistent with the approved SWMP, if applicable. q. Review project for compliance with California's statewide General National Pollution Discharge Elimination System (NPDES) Permit for Storm Water Discharges Associated with Construction Activities. If applicable, ensure that a Notice of Intent has been filed with Regional Water Quality Control Board and that a response letter with an assigned Waste Discharge Identification (WDID) Number has been assigned, is current and that the WDID number is included on the grading plan title sheet. 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. 14. Review erosion control plans and check for conformance with the SWPPP, California BMP Handbook, Municipal Code, and California Regional Board requirements. City Attorney Approved Version 4/1/15 11 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 and reports 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 2007- 01, or latest version. Review and require project Storm Water Management Plans (SWMP), when required per Order 2007-01. 19. Review Storm Water Pollution Prevention Plans (SWPPP's), when required per State Regional Water Quality Control Board regulations, latest version. Ensure that project's SWPPP identify the construction BMPs to be implemented during the course ofthe project. Utilize checklists, prepared by the California Regional Water Quality Control Board, to verify content and organization of SWPPP's. 20. Determine the accuracy of the quantity calculations, the list of quantities, and the engineer's cost estimate relative to current adopted unit prices. 21. Review Homeowner's/Property Owner's Association CC&R's for appropriate clauses that cover maintenance of applicable private improvements and permanent post-construction BMP's. 22. Review HOA/POA CC&R's for appropriate clauses that cover maintenance of applicable private improvements. 23. Prior to submitting the first plancheck comments to the city, perform field visit. Take digital photos of site boundaries, appurtenances and other relevant features. Submit photos with a photo log to city's project engineer. 24. During the submittal of the first plancheck comments, meet with city's project engineer at the city. Submit plancheck, photos, photo log and checklist in a project report. The project report is to include any issues of concern. 25. Subsequent planchecks require a checklist along with the plancheck red lines and written comments. The checklist is to be developed by the plan checker unless the city issues a city checklist. The checklist is to have a significant amount of items specific to the plancheck being performed, including the Conditions of Approval. The city approved planchecker is to initial each line item of the checklist to verify that the item has been reviewed. If the item City Attorney Approved Version 4/1/15 . 12 \^ is not relevant, then the contractor planchecker is to initial the item and place a N/A as "not applicable." 26. The planchecker is to coordinate with the appropriate city department regarding issues relevant to that particular department. 27. Review retaining walls, verify correct regional standard drawing is called out and all parameters are appropriate. For non-standard walls, review input and output parameters on calculations for conformance to soils report, site conditions, and city standards. 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 Title 20, and County Map Processing Manual, latest version, and the city final map title sheet template. 4. Check Title Report and Subdivision Guarantee, and verify that all easements are noted on the map, the legal description conforms to 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 (NAD 83 ties), 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 City Attorney Approved Version 4/1/15 13 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, applicable California Civil Code, and any and all discretionary approvals and the conditions thereto applied by the appropriate city body. Professional Land Surveyor of responsible charge of the map review shall sign and stamp the map attesting that the map is technically correct in accordance with the Subdivision Map Act, latest edition. 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 Carisbad Digital Submittal Requirements and County Map Processing Manual. 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. 15. Ensure that proper signature authority is provided for fee title interests. 16. Prior to submitting the first plancheck comments to the city, perform field visit. Take digital photos of site boundaries, appurtenances and other relevant features. Submit photos with a photo log to city's project engineer. 17. During the submittal of the first plancheck comments, meet with city's project engineer at the city. Submit plancheck, photos, photo log and checklist in a project report The project report is to include any issues of concern. 18. Subsequent planchecks require a checklist along with the plancheck red lines and written comments. The check list is to be developed by the contractor plan checker unless the city issues a city checklist. The checklist is to have a significant amount of items specific to the plancheck being performed, including the Conditions of Approval. The city approved planchecker is to initial each line item of the checklist to verify that the item has been reviewed. If the item is not relevant, then the planchecker is to initial the item and place a N/A as "not applicable." 19. The contractor planchecker is to coordinate with the appropriate city department regarding issues relevant to that particular department. CHECKING WATER, SEWER AND RECYCLED WATER IMPROVEMENT PLANS City Attorney Approved Version 4/1/15 14 ^ 0 1. Review the submittals for completeness. 2. Examine record 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 obtained/dedicated. 6. Check existing and proposed CMWD easements, to include closure ofthe 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 ofthe quantity calculations, the list of quantities and the engineer's cost estimate relative to current adopted unit prices. 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, offset from curb, pressure at each lot, meter sizing, meter location, and fire services. Contractor shall coordinate with city for special design considerations. 12. Review public sewer lines and pump station designs against Carisbad 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. City Attorney Approved Version 4/1/15 15 <1 y 13. If applicable, review Homeowner's/Propertyowner's Association CC&R's for appropriate clauses that cover maintenance of applicable private improvements and permanent post- construction BMP's. 14. Prior to submitting the first plancheck comments to the city, perform field visit. Take digital photos of site boundaries, appurtenances and other relevant features. Submit photos with a photo log to city's project engineer. 15. During the submittal of the first plancheck comments, meet with city's project engineer. Submit plancheck, photos, photo log and checklist in a project report. The project report is to include any issues of concern. 16. Subsequent planchecks require a checklist along with the plancheck red lines and written comments. The checklist is to be developed by the plan checker unless the city issues a city checklist. The checklist is to have a significant amount of items specific to the plancheck being performed, including the Conditions of Approval. The city approved planchecker is to initial each line item of the checklist to verify that the item has been reviewed. If the item is not relevant, then the planchecker is to initial the item and place a N/A as "not applicable." 17. The planchecker is to coordinate with the appropriate city department regarding issues relevant to that particular department. E. STORM WATER STANDARDS QUESTIONNAIRE REVIEW TO DETERMINE APPLICABLE STORM WATER STANDARDS. F. STORM WATER MANAGEMENT PLAN (SWMP)/WATER POLLUTION CONTROL PLAN (WPCP) REVIEWS 1. Review SWMP and WPCP for compliance with the City of Carlsbad Standard Urban Runoff Management Plan (SUSMP) Storm Water Standards manual. 2. Review existing, anticipated and potential pollutants of concern associated with the development for conformance with in-situ conditions. 3. Review hydrologic unit, sub unit and water body nomenclature and EPA Section 303(d) list for impaired water bodies status. 4. Verify applicable stormwater standards to review individual priority project categories applicable to priority projects. Verify compliance with required site design, source control and treatment control BMPs. 5. Review adequacy of recommended source control, site design and treatment control Best Management Practices (BMP's) for applicability to the existing, anticipated, and potential pollutants relative to removal efficiencies and impacts to applicable 303(d) listed waters. 6. Review adequacy of Low Impact Development design features incorporated into the project as mitigating measures for impacts to storm water quality due to increased volume flow rates, velocities and durations. City Attorney Approved Version 4/1 /15 ^ 16 '2'''^ 7. Revise applicability of hydromodification requirements as they apply to development projects. Ensure adequate hydromodification controls are incorporated into the project as required by the SUSMP. 8. Ensure that all approved post-construction permanent treatment controls BMP and hydromodification facility information is included on the title sheet ofthe grading plans in standard format. 9. Verify whether flow-based or volume-based numeric sizing requirements are met relative to the proposed design and treatment control BMP(s). 10. Evaluate the rationalization and justification of selected treatment control BMPs relative to other available and more effective BMPs. 11. Review the operation and maintenance procedures for all proposed Low Impact Design (LID), source control and treatment control BMP's and ensure that all maintenance practices, methods, frequencies and respective responsibilities are well defined through appropriate narrative and details. 12. Secure the recordation of an executed standard Permanent Stormwater Quality Best Management Practice Maintenance Agreement that ensures perpetual maintenance ofthe BMP's associated with the project. 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. MONTHLY MEETINGS The contractor is to attend monthly plancheck meetings. The meetings will be attended by city staff and other contractors (plancheckers). Issues such as policies, procedures, regulations, standards, and updates will be presented or discussed. The frequency of the meetings may be reduced over time. 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. 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. City Attorney Approved Version 4/1/15 ^ 17 n .-"> B. Prior or concurrent with forwarding of the plans to the contractor, city staff shall route to each affected department or agency, a complete set of plans and include the following as a minimum: copy of conforming tentative map or other discretionary approval, copies of all applicable resolutions showing the conditions of approval, cost estimate, associated studies, corrected plans and previous checkprints (during resubmittal). Upon receipt of comments from affected departments or agency, city staff shall transmit the comments to the contractor. C. City shall provide the contractor with the following documents: 1. A copy of "Title 20: Subdivisions" and "Title 15.16: Grading and Erosion Control" ofthe Carlsbad Municipal Code, and all revisions as they are adopted, (available online) 2. Acopy of the latest edition ofthe "City of Carlsbad Standards" (available online) 3. A copy ofthe latest City of Carlsbad Final Map Title Sheet Template. 4. 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 ofthe grading plan, improvement plan, and proposed final map ofthe project, if applicable. 2. A print of any adjacent improvement plans, (available online) 3. A copy ofthe conforming tentative map and tentative map conditions and/or any other applicable discretionary approval. E. Collect the necessary fees, securities and deposits required forthe 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. 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 City Attorney Approved Version 4/1/15 18 l\ Contractor shall complete planchecks according to the following schedule: A. First plancheck: complete and return to citv within fifteen (15) working davs of notice to pick up. B. Second and third planchecks: complete and return to city within ten (10) working days of notice to pick up. C. Mylar: complete and return to city within five (5) working davs of notice to pick up. D. Construction revisions to grading or improvement plans: complete and return to city within three (3) working 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. Fee shall become payable according to the following schedule: First plancheck completed 40% of total fee Second plancheck completed 25% of total fee Third plancheck completed 20% of total fee Plan or map approval and submittal of written certification of plancheck 15%* of total fee *Actual amount may be adjusted so that 100% of total fee based on city-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 Each month, contractor shall submit his/her invoice for work performed during the prior month. Payment ofapproved items on the invoice shall be mailed to the contractor within thirty (30) days after receipt of invoice. 6. FINAL SUBMISSIONS Concurrent with certification and approval ofthe final plancheck, the contractor shall deliver to the city the following items: City Attorney Approved Version 4/1/15 / 19 n 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. Covenants, Conditions, & 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 ofthe project. C. Certification of department approvals (e.g.: Planning, Transportation, Utilities Design, Utilities Operations, etc. City Attorney Approved Version 4/1/15 20 ^U: SCHEDULE OF FEES For plancheck of: I. IMPROVEMENT PLANS Estimated Cost of Improvements Contractor Fee Up to $20,000 5.0% $260 minimum $20,001 to $50,000 4.0% $1,310 minimum $50,001 to $100,000 3.0% $2,620 minimum $100,001 to $250,000 2.5% $3,930 minimum $250,001 to $500,000 2.0% $8,180 minimum $500,001 to $1,000,000 1.5% $13,100 minimum $1,000,001 and above .75% $19,660 minimum 2. GRADING PLANS Amount Fee 101 Cubic Yards or Less $140 101 to 1,000 Cubic Yards $560 for the first 100 cubic yards plus $70 for each additional 100 cubic yards or fraction thereof. 1,001 to 10,000 Cubic Yards $1,420 for the first 1,000 cubic yards plus $70 for each additional 1,000 cubic yards or fraction thereof. 10,001 to 100,000 Cubic Yards $2,190 for the first 10,000 cubic yards plus $120 for each additional 10,000 cubic yards or fraction thereof. 100,001 to 200,000 Cubic Yards $3,330 for the first 100,000 cubic yards plus $140 for each additional $10,000 cubic yards or fraction thereof. 200,001 Cubic Yards or More $5,390 for the first 200,000 cubic yards plus $70 for each additional 100,000 cubic yards or fraction thereof. Contractor Fee 21 City Attorney Approved Version 4/1/15 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 (per parcel) 14. Storm Water Pollution Prevention Plan (SWPPP) 15. Storm Water Management Plan (SWMP) 16. Non-Standard Retaining Walls AMOUNT (Engineer's Estimate) 0 - $50,000 $50,001 - $250,000 $250,000+ $2,820 plus $5/acre $1,565 $635 $270 $350 $500 $520 $345 $280 plus $110/sheet $1,700 $280 $260 plus $30/acre $100 plus $50 per Vi acre FEE $250 $250 plus 0.25% of estimate 0.25% of estimate $1,000 minimum 22 City Attorney Approved Version 4/1/15 / AGREEMENT FOR PLANCHECKING SERVICES (RBF CONSUTLING, INC) THIS AGREEMENT is made and entered into as of the day of , 2015, by and between the CITY OF CARLSBAD, a municipal corporation, ("City"), and RBF CONSULTING, INC., a California Corporation, ("Contractor"). RECITALS A. City requires the professional services of an engineering consultant that is experienced in engineering plan check services. B. Contractor has the necessary experience in providing professional services and advice related to engineering plan check services. C. Contractor has submitted a proposal to City and has affirmed its 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 two (2) years from the date first above written. The City Manager may amend the Agreement to extend and fund it for one (1) additional two (2) year period or part thereof. Extensions will be based upon a satisfactory review of Contractor's peri'ormance. 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 Time is ofthe essence for each and every provision of this Agreement. 5. COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term will be three hundred thousand dollars ($300,000.00) per Agreement year. No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. If the City elects to extend the Agreement, the amount shall not exceed three hundred thousand dollars ($300,000.00) per Agreement year. The City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or Services specified in Exhibit "A". Incremental payments, if applicable, should be made as outlined in attached Exhibit "A". City Attorney Approved Version 4/1/15 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 by any negligence, recklessness, or willful misconduct 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-:VH"; OR with a surplus line insurer on the State of California's List of Approved Surplus Line Insurers (LASLI) with a rating City Attorney Approved Version 4/1/15 1^' in the latest Best's Key Rating Guide of at least "A:X"; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarteriy listings report. 10.1 Coverage and Limits. Contractor will maintain the types of coverage and minimum limits indicated below, unless the Risk Manager 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 ofthe 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. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. 10.1.1 Commercial General Liability Insurance. $2,000,000 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. Workers' Compensation 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. 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 Commercial General Liability which shall provide primary coverage to the City. 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 Providing 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 Coverage. 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. City Attorney Approved Version 4/1/15 3 . L' 10.5 Submission of Insurance Policies. City reserves the right to require, at any time, complete and certified copies of any or all required insurance policies and endorsements. 11. BUSINESS LICENSE Contractor will obtain and maintain a City of Carisbad 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 cleariy 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. 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 notice or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. For City For Contractor Name Jason Geldert Name Richard Lucera, P.E. Title City Engineer Title Vice President Department CED - LDE Address 5050 Avenida Encinas City of Carisbad Carisbad, CA 92008 Address 1635 Faraday Ave Phone No. 760-603-6253 Carisbad, CA 92008 Email riucera@mbakerintl.com Phone No. 760-602-2758 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 Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carisbad Conflict of Interest Code. The Contractor shall report investments or interests in all four categories. City Attorney Approved Version 4/1/15 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 ofthe requirements ofthe 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 whose services are 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 peri'ormance 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 (10) 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 ofthe 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 ofthe 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 City Attorney Approved Version 4/1 /15 ,T 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 ofthe 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 ofthe 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 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. JURISDICTION 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 nor 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. 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. City Attorney Approved Version 4/1 /15 CONTRACTOR: RBF, CONSULTING, INC. CITY OF CARLSBAD, a municipal corporation of the State of California By: (sranTii By: (sign here) Mayor (print nafne/title) ATTEST: By: Y\erk) . (signriere) ' (print name/title) — BARBARA ENGLESON City Clerk 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: CELIA A. BREWER, City Attorney BY: Assistant City Attoi City Attorney Approved Version 4/1/15 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE §1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of On c^O XOiS ) before me, Date personally appeared Here Insert Name and Title of the Officer Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Ware subscribed to the within instalment and acknowledged to me that h^/sb^/they executed the same in his/h;^r/their authorized capacity(ies), and that by his/jier/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my h^tn^ and official seal. 1 ANOI^EA SANDERS Commission # 1947527 Notary Public - California f San Diego County g Signature. Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the documenp fraudulent reattachment of this form to an unintended document. Descrlpfionof Attached Document Title or Type of~DQCument: Number of Pages: ^""^ Signer(s) Other Than Named Above: Capacity(ies) Claimed by Sign Signer's Name • Corporate Officer — Title(s): • Partner — • Limited • General • Individual • Attorney in Fact • Trustee • Guardian or Conserv; • Other: Signer's] • Gor^rate Officer - Title(s): Document Date; Partner — • Limited • General •iTrdii^ual • Attorney in Fact • Truste§\^ • Guardian or Conservator • Other: Signer Is Representing Signer Is RepresentinQr^^ 1 -800-US NOTARY (1 -800-876-6827) Item #5907 EXHIBIT "A" SCOPE OF SERVICES 1. CONTRAaOR'S OBLIGATIONS The contractor shall provide qualified professional engineering and land surveying plancheck services in accordance with the "Project Engineer's Manual", latest edition, as published by the city "City of Carisbad Engineering Standards" and shall provide all facilities, equipment, and standard engineering reference materials necessary to perform as required herein. The City of Carlsbad is in the process of implementing Tyler Technologies' Energov solution for land management, business licenses and code compliance. The chosen contractor will be provided appropriate licensing for Energov and will be expected to enter planchecking and inspection information. The ultimate goal of the project is to implement and contractor to participate in digital planchecking. Should the city move to digital plan review during the agreement period, contractor will be expected to provide their own Adobe Acrobat or Bluebeam software license(s) to carry out the review in accordance with city procedures. A. CHECKING IMPROVEMENT PLANS: Contractor shall perform the following work for each project: 1. Review submittal for completeness. 2. Examine record 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 relative to compatibility with existing conditions. 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 Carisbad requirements, or modifications thereof. 5. Determine if the plans are in compliance with the latest local, state and federal accessibility requirements. A CASp Certified reviewer shall be available as determined by the city. 6. Check hydrology and hydraulic calculations, and the design of the storm drain system in conformance with the City standards, or modifications thereof. 7. 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. 8. Determine requirements for easements necessary to encompass, access, and maintain the facility and whether they have been obtained before plan approval. 9. 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. City Attorney Approved Version 4/1/15 10. 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. 11. Check sight distances, horizontal radius, and vertical curves on streets. Coordinate sight distance requirements with landscape plans. 12. Determine that the plans, as submitted, are in conformance with the latest version of the Carlsbad Municipal Code, the City of Carisbad Engineering Standards, Carisbad Municipal Water District Standards, and other applicable standards used by the city. 13. Determine if the plans meet overall technical conformance and adherence to good design practice. 14. Determine that the striping, signing, traffic signals, and all other traffic control equipment are shown on the plans in conformance with the Carisbad Municipal Code, City of Carisbad Engineering Standards, and other applicable codes and standards used by the city and in coordination with the city traffic engineer. 15. Determine that traffic signals, intersection control, detour, phasing, and all other sequence plans are shown on the plans in conformance with the Carisbad Municipal Code, City of Carlsbad Engineering Standards, and other applicable codes and standards used by the city. 16. 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. 17. Determine that street medians, if required, are shown on the plans in conformance with the Carisbad Municipal Code, City of Carlsbad Engineering Standards, City of Carisbad Landscape Manual, and other applicable codes and standards used by the city. 18. Determine the accuracy of the quantity calculations, list of quantities, and contingencies between the engineer's cost estimate and the plans relative to current city-adopted unit prices. 19. 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. 20. 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. 21. 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 2013-0001, or latest version. Review and require project Storm Water Management Plans (SWMP), when required per Order 2013-0001. 22. Ensure appropriate Storm Water Pollution Prevention Plans (SWPPP's) are submitted in accordance with City Stormwater Standards (i.e.: Tier 1, Tier 2, Tier 3). Ensure Tier 3 SWPPP's satisfy 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 ofthe project. Utilize checklists, prepared by the California Regional Water Quality Control Board or CASQA templates to verify content and organization of SWPPP's. 23. Review Homeowner/Property Owner Association's Covenants, Conditions, & Restrictions for appropriate clauses that cover maintenance of applicable private improvements. City Attorney Approved Version 4/1/15 24. Prior to submitting the first plancheck comments to the city, perform field visit. Take digital photos of site boundaries, appurtenances and other relevant features. Submit photos to city's project engineer. 25. During the submittal of the first plancheck comments, meet with city's project engineer. Submit plancheck, photos, checklist, and a project report. The city's project engineer may waive the meeting on small planchecks. 26. Subsequent planchecks require a checklist along with the plancheck red lines and written comments. The checklist is to be developed by the plan checker unless the city issues a city checklist. The checklist is to have a significant amount of items specific to the plancheck being performed, including the Conditions of Approval. The city approved planchecker is to initial each line item of the checklist to verify that the item has been reviewed. If the item is not relevant, then the planchecker is to initial the item and place a N/A as "not applicable." 27. The planchecker is to coordinate with the appropriate city department regarding issues relevant to that particular department. B. CHECKING GRADING AND EROSION CONTROL PLANS: Contractor shall perform the following: 1. Review submittals for completeness. 2. Examine record plans, tour the site in the field, become familiar with the general concept as proposed by the project applicant relative to compatibility with existing conditions. 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 Carisbad 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. IVIake 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. 10. Check for the following technical items: a. Setback from property line; b. Identification of property and easement lines; City Attorney Approved Version 4/1/15 ^ 10 ^1 c. Amounts noted for excavation, fill, import, export, remedial (cubic yards); d. Cut slope and fill slope inclination ratios; e. Existing contours; f. Final grades shown by contours and spot elevations; g. Location of cut and placement of fill (cut-fill transitions), daylight and limit lines shown on the plan); h. Typical lot drainage; i. Typical berm or swale at the top of the fill or slope; j. Typical brow ditch; k. Terrace drains; 1. Percent of grade of streets and driveway, length of vertical curves; and m. Horizontal and vertical site distance cross-checked with improvement plans; n. Verify compliance with city ordinances, standards, policies and resolutions that apply to the subject plans. o. Good engineering practice. p. Permanent post-construction site design, source control and treatment control BMP's have been proposed and are consistent with the approved SWMP, if applicable. q. Review project for compliance with California's statewide General National Pollution Discharge Elimination System (NPDES) Permit for Storm Water Discharges Associated with Construction Activities. If applicable, ensure that a Notice of Intent has been filed with Regional Water Quality Control Board and that a response letter with an assigned Waste Discharge Identification (WDID) Number has been assigned, is current and that the WDID number is included on the grading plan title sheet. 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. 14. Review erosion control plans and check for conformance with the SWPPP, California BMP Handbook, Municipal Code, and California Regional Board requirements. City Attorney Approved Version 4/1/15 11 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 and reports 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 2007- 01, or latest version. Review and require project Storm Water Management Plans (SWMP), when required per Order 2007-01. 19. Review Storm Water Pollution Prevention Plans (SWPPP's), when required per State Regional Water Quality Control Board regulations, latest version. Ensure that project's SWPPP identify the construction BMPs 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. 20. Determine the accuracy of the quantity calculations, the list of quantities, and the engineer's cost estimate relative to current adopted unit prices. 21. Review Homeowner's/Property Owner's Association CC&R's for appropriate clauses that cover maintenance of applicable private improvements and permanent post-construction BMP's. 22. Review HOA/POA CC&R's for appropriate clauses that cover maintenance of applicable private improvements. 23. Prior to submitting the first plancheck comments to the city, perform field visit. Take digital photos of site boundaries, appurtenances and other relevant features. Submit photos with a photo log to city's project engineer. 24. During the submittal of the first plancheck comments, meet with city's project engineer at the city. Submit plancheck, photos, photo log and checklist in a project report. The project report is to include any issues of concern. 25. Subsequent planchecks require a checklist along with the plancheck red lines and written comments. The checklist is to be developed by the plan checker unless the city issues a city checklist. The checklist is to have a significant amount of items specific to the plancheck being performed, including the Conditions of Approval. The city approved planchecker is to initial each line item ofthe checklist to verify that the item has been reviewed. If the item City Attorney Approved Version 4/1/15 12 is not relevant, then the contractor planchecker is to initial the item and place a N/A as "not applicable." 26. The planchecker is to coordinate with the appropriate city department regarding issues relevant to that particular department. 27. Review retaining walls, verify correct regional standard drawing is called out and all parameters are appropriate. For non-standard walls, review input and output parameters on calculations for conformance to soils report, site conditions, and city standards. 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 Carisbad Municipal Code Title 20, and County Map Processing Manual, latest version, and the city final map title sheet template. 4. Check Title Report and Subdivision Guarantee, and verify that all easements are noted on the map, the legal description conforms to 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 (NAD 83 ties), 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 City Attorney Approved Version 4/1/15 13 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, applicable California Civil Code, and any and all discretionary approvals and the conditions thereto applied by the appropriate city body. Professional Land Surveyor of responsible charge of the map review shall sign and stamp the map attesting that the map is technically correct in accordance with the Subdivision Map Act, latest edition. 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. 14. Verify signature authorization against the title sheet of map to verify the signature(s) listed are authorized to bind the company or entity ofthe owner. 15. Ensure that proper signature authority is provided for fee title interests. 16. Prior to submitting the first plancheck comments to the city, perform field visit. Take digital photos of site boundaries, appurtenances and other relevant features. Submit photos with a photo log to city's project engineer. 17. During the submittal of the first plancheck comments, meet with city's project engineer at the city. Submit plancheck, photos, photo log and checklist in a project report. The project report is to include any issues of concern. 18. Subsequent planchecks require a checklist along with the plancheck red lines and written comments. The check list is to be developed by the contractor plan checker unless the city issues a city checklist. The checklist is to have a significant amount of items specific to the plancheck being performed, including the Conditions of Approval. The city approved planchecker is to initial each line item of the checklist to verify that the item has been reviewed. If the item is not relevant, then the planchecker is to initial the item and place a N/A as "not applicable." 19. The contractor planchecker is to coordinate with the appropriate city department regarding issues relevant to that particular department. D. CHECKING WATER, SEWER AND RECYCLED WATER IMPROVEMENT PLANS City Attorney Approved Version 4/1/15 , , 14 1. Review the submittals for completeness. 2. Examine record 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 obtained/dedicated. 6. Check existing and proposed CMWD easements, to include closure of the traverse, plats, and legal descriptions as necessary. Approved plats and legal descriptions are to be transmitted to CMWD with a current title report for further processing. 7. Determine that the water improvement plans are in conformance with the grading plans and final map, if applicable to the project. 8. Determine the accuracy of the quantity calculations, the list of quantities and the engineer's cost estimate relative to current adopted unit prices. 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 Carisbad 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. 12. Review public sewer lines and pump station designs against Carisbad 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. City Attorney Approved Version 4/1/15 • 15 u U 13. If applicable, review Homeowner's/Propertyowner's Association CC&R's for appropriate clauses that cover maintenance of applicable private improvements and permanent post- construction BMP's. 14. Prior to submitting the first plancheck comments to the city, perform field visit. Take digital photos of site boundaries, appurtenances and other relevant features. Submit photos with a photo log to city's project engineer. 15. During the submittal of the first plancheck comments, meet with city's project engineer. Submit plancheck, photos, photo log and checklist in a project report. The project report is to include any issues of concern. 16. Subsequent planchecks require a checklist along with the plancheck red lines and written comments. The checklist is to be developed by the plan checker unless the city issues a city checklist. The checklist is to have a significant amount of items specific to the plancheck being performed, including the Conditions of Approval. The city approved planchecker is to initial each line item of the checklist to verify that the item has been reviewed. If the item is not relevant, then the planchecker is to initial the item and place a N/A as "not applicable." 17. The planchecker is to coordinate with the appropriate city department regarding issues relevant to that particular department. E. STORM WATER STANDARDS QUESTIONNAIRE REVIEW TO DETERMINE APPLICABLE STORM WATER STANDARDS. F. STORM WATER MANAGEMENT PLAN (SWMP)/WATER POLLUTION CONTROL PLAN (WPCP) REVIEWS 1. Review SWMP and WPCP for compliance with the City of Carisbad Standard Urban Runoff Management Plan (SUSMP) Storm Water Standards manual. 2. Review existing, anticipated and potential pollutants of concern associated with the development for conformance with in-situ conditions. 3. Review hydrologic unit, sub unit and water body nomenclature and EPA Section 303(d) list for impaired water bodies status. 4. Verify applicable stormwater standards to review individual priority project categories applicable to priority projects. Verify^ compliance with required site design, source control and treatment control BMPs. 5. Review adequacy of recommended source control, site design and treatment control Best Management Practices (BMP's) for applicability to the existing, anticipated, and potential pollutants relative to removal efficiencies and impacts to applicable 303(d) listed waters. 6. Review adequacy of Low Impact Development design features incorporated into the project as mitigating measures for impacts to storm water quality due to increased volume flow rates, velocities and durations. City Attorney Approved Version 4/1/15 16 y. • 7. Revise applicability of hydromodification requirements as they apply to development projects. Ensure adequate hydromodification controls are incorporated into the project as required by the SUSMP. 8. Ensure that all approved post-construction permanent treatment controls BMP and hydromodification facility information is included on the title sheet ofthe grading plans in standard format. 9. Verify whether flow-based or volume-based numeric sizing requirements are met relative to the proposed design and treatment control BMP(s). 10. Evaluate the rationalization and justification of selected treatment control BMPs relative to other available and more effective BMPs. 11. Review the operation and maintenance procedures for all proposed Low Impact Design (LID), source control and treatment control BMP's and ensure that all maintenance practices, methods, frequencies and respective responsibilities are well defined through appropriate narrative and details. 12. Secure the recordation of an executed standard Permanent Stormwater Quality Best Management Practice Maintenance Agreement that ensures perpetual maintenance ofthe BMP's associated with the project. G. 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. H. MONTHLY MEETINGS The contractor is to attend monthly plancheck meetings. The meetings will be attended by city staff and other contractors (plancheckers). Issues such as policies, procedures, regulations, standards, and updates will be presented or discussed. The frequency ofthe meetings may be reduced overtime. I. 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. City Attorney Approved Version 4/1/15 17 VI B. Prior or concurrent with forwarding of the plans to the contractor, city staff shall route to each affected department or agency, a complete set of plans and include the following as a minimum: copy of conforming tentative map or other discretionary approval, copies of all applicable resolutions showing the conditions of approval, cost estimate, associated studies, corrected plans and previous checkprints (during resubmittal). Upon receipt of comments from affected departments or agency, city staff shall transmit the comments to the contractor. C. City shall provide the contractor with the following documents: 1. A copy of "Title 20: Subdivisions" and "Title 15.16: Grading and Erosion Control" of the Carisbad Municipal Code, and all revisions as they are adopted, (available online) 2. A copy of the latest edition of the "City of Carisbad Standards" (available online) 3. A copy of the latest City of Carisbad Final Map Title Sheet Template. 4. 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, (available online) 3. A copy of the conforming tentative map and tentative map conditions and/or any other applicable discretionary approval. 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. 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. PROGRESS AND COMPLETION City Attorney Approved Version 4/1/15 18 Contractor shall complete planchecks according to the following schedule: A. First plancheck: complete and return to city within fifteen (15) working davs of notice to pick up. B. Second and third planchecks: complete and return to city within ten (10) working days of notice to pick up. C. Mylar: complete and return to city within five (5) working days of notice to pick up. D. Construction revisions to grading or improvement plans: complete and return to city within three (3) working days 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. 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. Fee shall become payable according to the following schedule: First plancheck completed 40% of total fee Second plancheck completed 25% of total fee Third plancheck completed 20% of total fee Plan or map approval and submittal of written certification of plancheck 15%* of total fee *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. PAYMENT OF FEES Each month, contractor shall submit his/her invoice for work performed during the prior month. Payment ofapproved items on the invoice shall be mailed to the contractor within thirty (30) days after receipt of invoice. FINAL SUBMISSIONS Concurrent with certification and approval of the final plancheck, the contractor shall deliver to the city the following items: City Attorney Approved Version 4/1/15 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. Covenants, Conditions, & 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 ofthe project. C. Certification of department approvals (e.g.: Planning, Transportation, Utilities Design, Utilities Operations, etc. City Attorney Approved Version 4/1/15 20 SCHEDULE OF FEES For plancheck of: 1. IMPROVEMENT PLANS Estimated Cost of Improvements Contractor Fee Up to $20,000 5.0% $260 minimum $20,001 to $50,000 4.0% $1,310 minimum $50,001 to $100,000 3.0% $2,620 minimum $100,001 to $250,000 2.5% $3,930 minimum $250,001 to $500,000 2.0% $8,180 minimum $500,001 to $1,000,000 1.5% $13,100 minimum $1,000,001 and above .75% $19,660 minimum 2. GRADING PLANS Amount Fee 101 Cubic Yards or Less $140 101 to 1,000 Cubic Yards $560 for the first 100 cubic yards plus $70 for each additional 100 cubic yards or fraction thereof. 1,001 to 10,000 Cubic Yards $1,420 for the first 1,000 cubic yards plus $70 for each additional 1,000 cubic yards or fraction thereof. 10,001 to 100,000 Cubic Yards $2,190 for the first 10,000 cubic yards plus $120 for each additional 10,000 cubic yards or fraction thereof. 100,001 to 200,000 Cubic Yards $3,330 for the first 100,000 cubic yards plus $140 for each additional $10,000 cubic yards or fraction thereof. 200,001 Cubic Yards or More $5,390 for the first 200,000 cubic yards plus $70 for each additional 100,000 cubic yards or fraction thereof. Contractor Fee 21 City Attorney Approved Version 4/1/15 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 (per parcel) 14. Storm Water Pollution Prevention Plan (SWPPP) 15. Storm Water Management Plan (SWMP) 16. Non-standard Retaining Walls AMOUNT (Engineer's Estimate) 0 - $50,000 $50,001 - $250,000 $250,000+ $2,820 plus $5/acre $1,565 $635 $270 $350 $500 $520 $345 $280 plus $110/sheet $1,700 $280 $260 plus $30/acre $100 plus $50 per Yz acre FEE $250 $250 plus 0.25% of estimate 0.25% of estimate $1,000 minimum 22 City Attorney Approved Version 4/1/15 ^