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HomeMy WebLinkAbout1990-03-06; City Council; Resolution 90-440 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 90-44 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD CALIFORNIA, APPROVING A CONSULTANT AGREEMENT FOI ENGINEERING PLANCHECKING SERVICES. WHEREAS, the City Manager recommends and the City Council coria consultant planchecking services must be made available in order for the City t' its obligations; and WHEREAS, a satisfactory agreement with Ben B. Ellorin has been negotiat WHEREAS, sufficient funds are available in the 1988-89 Engineering Dep; budget; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of C; California, as follows: 1. That the above recitations are true and correct. 2. That an Agreement between the City of Carlsbad and Ben B. Ellorin proprietor, for provision of planchecking services, a copy of which is attached ( 2) and made a part hereof, is hereby approved. 3. That the Mayor of the City of Carlsbad is hereby authorized and c to execute said agreement for and on behalf of the City of Carlsbad. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsb: Council held on the 6th day of March , 1990 by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Pettine, and Larson NOES: None ABSENT: Council Member Mamau ATTEST: (SEAL) w W' AGREEMENT FOR CONSULTANT PLANCHECKING SERVICES THIS AGREEMENT, made and entered into as of the /Az day of L -7 1990, by and between the CITY OF CARLSBAD, a municipal corporatio~ hereinafter referred to as "City" and Ben B. Ellorin, hereinafter referred to as "Consultant RECITALS City requires the services of Consultant to provide engineering consultant servicc for planchecking; and Consultant possesses the necessary skills and qualifications to provide the servict required by City; NOW, THEREFORE, in consideration of these recitals and the mutual covenan contained herein, City and Consultant agree as follows: 1. CONSULTANT'S OBLIGATIONS A. To perform plan, study and map review duties as assigned by the Ci Engineer or his designate. B. To provide consultant services acceptable to the City Engineer on an ; needed basis during the hours of 8:OO a.m. to 5:OO p.m., Monday through Friday, excludir holidays. 2. CITY OBLIGATIONS The City will provide a work area and clerical support at the Communi Development Building as well as City Standards, Ordinance, Policy and direction in in plementation of plan and map review. Nothing in this Agreement shall be construed 1 obligate City to provide any work to the Consultant. 3. PROGRESS AND COMPLETION The work under this Agreement will begin immediately upon approval. Tk Consultant will work on an "as-needed" basis depending on the amount and type of WOI 1 e that the City wishes to assign to Consultant. 4. FEES TO BE PAID TO CONSULTANT Consultant shall be compensated for the actual time expended on each project 2 the rate of $43.50 per hour. All work exceeding 8 hours per day or 40 hours per wee shall be paid at the overtime rate of $65.25 per hour. Authorization must be obtaine from the Consultant’s Supervisor prior to any overtime work. Consultant shall meet wit the Principal Civil Engineer in charge of the Plancheck Division during December of eac year to negotiate future rate increases. The City agrees to a twenty (20) percent increas in Consultants’s hourly rate if less than thirty-two (32) hours are worked during any fiv day work week due to a lack of demand for Consultant’s planchecking services. Consultar shall be reimbursed at the rate of twenty-five cents per mile for use of personal vehicle i the performance of his job. 5. PAYMENT OF FEES Payment of fees shall be within thirty (30) days after receipt of bi-weekly invoice for services from Consultant. City agrees to notify Consultant of any disputed invoice within ten (10) days after receipt of such invoice. 6. CHANGES IN WORK If, in the course of this Agreement and design, changes seem merited by thl Consultant or the City, and informal consultations with the other party indicate that 2 change in the conditions of the Contract is warranted, the Consultant or the City mal request a change in Agreement. Such changes shall be processed by the City in the follow, ing manner: A letter outlining the required changes shall be forwarded to the City 01 Consultant to inform them of the proposed changes along with a statement of estimatec changes in charges or time schedule. After reaching mutual agreement on the proposal a supplemental agreement shall be prepared by the City and approved by the City Council, Such supplemental agreement shall not render ineffective or invalidate unaffected portions of the agreement. Changes requiring immediate action by the Consultant or City shall be 2 e 0 I ordered by the City Engineer who will inform a principal of the Consultant’s firm of tt necessity of such action and follow up with a supplemental agreement covering such wor 7. DESIGN STANDARDS The Consultant shall review maps, studies, plans and specifications in accordanc with the design standards of the City of Carlsbad and recognized current design practice Applicable City of Carlsbad Standards and Regional Standards shall be used wher appropriate. Copies of such standards shall be obtained from the City of Carlsbad. 8, COVENANTS AGAINST CONTINGENT FEES The Consultant warrants that their firm has not employed or retained any compar or person, other than a bona fide employee working for the Consultant, to solicit or secul this agreement, and that Consultant has not paid or agreed to pay any company or persol other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, c any other consideration contingent upon, or resulting from, the award or making this agree ment. For breach or violation of this warranty, the City shall have the right to annul thj agreement without liability, or, in its discretion, to deduct from the agreement price c consideration, or otherwise recover the full amount of such fee, commission, percentagt brokerage fee, gift or contingent fee. 9. NONDISCRIMINATION CLAUSE The Consultant shall comply with the State and Federal Ordinances regardin: nondiscrimination. 10. DISPUTES If a dispute should arise regarding the performance of work under this agreemenl the following procedure shall be used to resolve any question of fact or interpretation no otherwise settled by agreement between parties. Such questions, if they become identifiec as a part of a dispute among persons operating under the provisions of this Agreement shall be reduced to writing by the principal of the Consultant or the City Engineer. A cop! of such documented dispute shall be forwarded to both parties involved along wit1 3 e m recommended methods of resolution which would be of benefit to both parties. The Cil Engineer or principal receiving the letter shall reply to the letter along with a recon mended method of resolution within ten (10) days. If the resolution thus obtained unsatisfactory to the aggrieved party, a letter outlining the dispute shall be forwarded 1 the City Council for their resolution through the Office of the City Manager. The Ci Council may then opt to consider the directed solution to the problem. In such cases, th action of the City Council shall be binding upon the parties involved, although nothing i this procedure shall prohibit the parties seeking remedies available to them at law. 11. RESPONSIBILITY OF THE CONSULTANT The Consultant is hired to render professional services and any payments made I Consultant are compensation solely for such services. 12. SUSPENSION OR TERMINATION OF SERVICES This Agreement may be terminated by either party upon tendering thirty (30) day written notice to the other party. In the event of such suspension or termination, up0 request of the City, Consultant shall assemble the work product and put same in order fa proper filing and closing and deliver said product to City. In the event of termination, th Consultant shall be paid for work performed to the termination date on an hourly basi The City shall make the final determination as to the portions of tasks completed and th compensation to be made. Compensation to be made in compliance with the Code o Federal Regulations. 13. STATUS OF THE CONSULTANT The Consultant shall perform the services provided for herein in Consultant’s ow way as an independent contractor and in pursuit of Consultant’s independent calling, anc not as an employee of the City. Consultant shall be under control of the City only as tc the result to be accomplished and the personnel assigned to the project, but shall consul1 with the City as provided for in the consultant’s obligations herein. 4 8 0 The Consultant is an independent contractor of the City. The payment made to tk Consultant pursuant to this Agreement shall be the full and complete compensation 1 which the Consultant is entitled pursuant to this Agreement. The City shall not make ar federal or state tax withholdings on behalf of the Consultant. The City shall not I: required to pay any workers compensation insurance on behalf of the Consultant. TI Consultant agrees to indemnify the City for any tax, retirement contribution, social securit: overtime payment, workers compensation payment which the City may be required to mak on behalf of Consultant or any employee of Consultant for work done under this Agrec ment. The Consultant shall be aware of the requirements of the Immigration Reform an Control Act of 1986 and shall comply with those requirements, including but not limite to verifymg the eligibility for employment of all agents, employees, sub-contractors ar consultants that are included in this agreement. 14. CONFORMITY TO LEGAL REQUIREMENTS The Consultant shall annotate all drawings and specifications to conform to a applicable requirements of law: Federal, State and local. 15. OWNERSHIP OF DOCUMENTS All plans, studies, sketches, drawings, reports and specifications as herein require are the property of the City, whether the work for which they are made be executed o not. In the event this Agreement is terminated, all documents, plans, specification drawings, reports and studies shall be delivered forthwith to the City. Consultant shall havi the right to make one (1) copy of the plans for hisher records. 16. HOLD HARMLESS AGREEMENT The City, its agents, officers and employees shall not be liable for any claim: liabilities, penalties, fines, or any damage to goods, properties, or effects of any persol whatever, nor for personal injuries or death caused by, or resulting from, or claimed tc have been caused by, or resulting from, any act or omission of Consultant or Consultant’ 5 e m agents, employees or representatives. Consultant agrees to defend, indemnify, and sav, free and harmless the City and its authorized agents, officers and employees against an of the foregoing liabilities or claims of any kind and any cost and expense that is incurrel by the City on account of any of the foregoing liabilities, including liabilities or claims b reason of alleged defects in any plans and specifications, unless the liability or claim is due or arises out of, solely to the City’s negligence. 17. ASSIGNMENT OF AGREEMENT The Consultant shall not assign this Agreement or any part thereof or any monie due thereunder without the prior written consent of the City. 18. SUBCONTRACTING If the Consultant shall subcontract any of the work to be performed under thj Agreement by the Consultant, Consultant shall be fully responsible to the City for the acl and omissions of Consultant’s subcontractor and of the persons either directly or indirect1 employed by the subcontractor, as Consultant is for the acts and omissions of person directly employed by Consultant. Nothing contained in this Agreement shall create an contractual relationship between any subcontractor of Consultant and the City. Th Consultant shall bind every subcontractor and every subcontractor of a subcontractor b the terms of this Agreement applicable to Consultant’s work unless specifically noted ti the contrary in the subcontract in question approved in writing by the City. 19. PROHIBITED INTEREST No official of the City who is authorized in such capacity on behalf of the City tc negotiate, make, accept, or approve, or take part in negotiating, making, accepting, o approving of any architectural, engineering inspection, construction or material suppl contractor, or any subcontractor in connection with the construction of the project, shal become directly or indirectly interested personally in this Contract or in any part thereoj No officer, employee, architect, attorney, engineer, or inspector of or for the City who i authorized in such capacity and on behalf of the City to exercise any executive, supervisoq a b a 0 or other similar functions in connection with the performance of this Agreement sha become directly or indirectly interested personally in this Agreement or any part there0 20. VERBAL AGREEMENT OR CONVERSATION No verbal agreement or conversation with any officer, agent, or employee of th City, either before, during, or after the execution of this Agreement, shall affect or modil any of the terms or obligations herein contained nor shall verbal agreement 01 conversatia entitle the Consultant to any additional payment whatsoever under the terms of thj Agreement. 21. SUCCESSORS OR ASSIGNS Subject to the provisions of Paragraph 16, "Hold Harmless Agreement," all term: conditions, and provisions hereof shall insure to and shall bind each of the parties heretc and each of their respective heirs, executors, administrators, successors, and assigns. 22. EFFECTIVE DATE This Agreement shall be effective on and from the day and year first above writter 23. CONFLICT OF INTEREST The Consultant shall file a Conflict of Interest Statement with the City Clerk of thl City of Carlsbad in accordance with the requirements of the City of Carlsbad Conflict o Interest Code. 24. INSURANCE The Consultant shall obtain and maintain a policy of liability insurance from ar insurance company authorized to be in business in the State of California, in an insurablc amount of not less than one million dollars ($1,000,000). This insurance shall be in forcc during the life of this agreement and shall not be cancelled without thirty (30) days prio: notice to the City. The City shall be named as additionally insured on this policy. The Consultant shall furnish a certificate of said insurance to the City upon request. 7 w e IN WlTNESS WHEREOF, we have hereunto set our hands and seals. CITY OF CARLSBAD APPROVED AS TO FORM: ATTEST: ALETHA L. City Clerk 8