HomeMy WebLinkAbout1992-07-07; City Council; Resolution 92-214.* ll m m
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RESOLUTION NO. 92-214
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT WITH
HELMING ENGINEERING, INCORPORATED
WHEREAS, the City Council of the City of Carlsbad has reviewed the need for
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WHEREAS, the City Council has determined that Helming Engineering, 8
service levels; and 7
the utilization of consultant services to augment City staff in order to maintain
Incorporated has performed in a satisfactory manner; and
10 WHEREAS, the City Council recognizes the need to maintain the continuity
11 of work in progress by utilizing Helming Engineering, Incorporated.
12 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
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which is attached as Exhibit 1, and made a part hereof, is hereby approved. 16
2. That an agreement with Helming Engineering, Incorporated, a copy of 15
1. That the above recitations are true and correct. 14
California, as follows:
17 PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City
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1 to wit: 19
Counci 1 held on the 7th day of July , 1992 by the following vote,
2o I AYES: Council Members Lewis, Kulchin, Larson, Stanton and Nygaard
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ABSENT: None 22
NOES: None
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24 ATTEST :
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26 (SEAL)
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AGREEMENT FOR CONSULTANT PLANCHECKING SERVICES
THIS AGREEMENT, made and entered into as of the & day of - "6
, 19z5y and between the CITY OF CARLSBAD, a municipal corporation,
hereinafter referred to as "City", and Helming Engineering Inc., a California Corporation,
hereinafter referred to as "Consultant",
RECITALS .
City requires the services of an engineering consultant to provide the necessary
services for plancheck of improvement plans, grading plans and final maps, and other
services that may be required; and Consultant possesses the necessary skills and
qualifications to provide the services required by the City;
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, City and Consultant agree as follows:
1. CONSULTANT'S OBLIGATIONS
A. PERSONNEL
The Consultant shall provide skilled and knowledgeable personnel satisfactory
to the City. The consultant shall provide all equipment and standard engineering reference
materials necessary to perform as required herein.
B. CHECKING IMPROVEMENT PLANS:
Consultant shall perform the following work for each project:
1. . Examine plans, tour the site in the field, and become familiar with
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general concepts as proposed by the project applicant for access,
drainage, sewer and water facilities to the site.
2. Determine if the plans are in conformance with applicable conditions
of approval and the approved tentative map.
3. Check hydrology and hydraulic calculations, and the design of the
storm drain system.
4. Determine any diversions, concentrations or increases in drainage
flow, and any potential for damage to off-site property resulting from
such drainage.
5. Determine requirements for off-site easements and whether they have
been obtained.
6. Determine any encroachments on adjacent property.
7. Check adequacy and availability .of sewer and water service and the
respective pipe sizing.
8. Check stopping sight distance, horizontal.radius, and vertical curves
on streets.
9. Determine that the plans, as submitted, are in conformance with the
Carlsbad Municipal Code, the City of Carlsbad Standards, and other
applicable standards used by the City.
10. Determine that the striping, signing, traffic signals, and all other
traffic control equipment are shown on the plan in conformance with
the Carlsbad Municipal Code, City of Carlsbad Standards, and other
applicable codes and standards used by the City.
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.> rn - 11. Determine that traffic control, detour, phasing, and all other sequence
plans are shown on the plan in conformance with the Carlsbad
Municipal Code, City of Carlsbad Standards, and other applicable
codes and standards used by the City.
12. 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 plan checks within the Consultant’s
responsibilities.
13. Determine the accuracy of the quantity calculations and the list of
quantities.
14. Provide the City with a completed checklist and written certification
that the plans are complete and accurate, and are in conformance
with applicable City Codes, Standards, discretionary approvals and
written policies, that they are consistent with any grading plans, final
map and any other adjacent improvement documents filed at the City.
C. CHECKJNG GRADING PLANS:
Consultant shall perform the following:
1. Examine plans, tour the site in the field, become familiar with the
general concept as proposed by the project applicant.
2. Determine if the plans are in conformance with applicable conditions
of approval and the approved tentative map.
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3. Determine if the general format for the plan is in conformance with
City of Carlsbad requirements.
4. Compare the grading plan with the recommendations in the soils
report provided and check that the specifications and details in the
soils report are included in the plans. Make recommendation on
necessity for additional soils review and review any such additional
soils reports that are submitted.
5. Compare the grading plan with the grading shown on any and all
discretionary approvals and the conditions thereto applied by the
appropriate City body.
6. Compare the grading plan with the improvement plans for the project.
7. Compare the grading plan with the approved environmental
information.
8. Check for the following technical items:
a. Set back from property line;
b. Identification of property and easement lines;
c. Amounts noted for excavation, fill, and import or export (cubic
yards);
d. Cut slope and fill slope ratios;
e. Existing contours;
f. Final grades shown by contours or spot elevations;
g. Location of cut and placement or fill (daylight and limit lines
shown on the plan);
h. Typical lot drainage;
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i. Typical berm or swale at the top of the fill;
j. Typical brow ditch;
k. Terrace drains;
1. Percent of grade of streets and driveway, length of vertical
curves; and
rn. Horizontal and vertical site distance; cross check this with
improvement plans.
n. Such other items that are contained in City Ordinances,
Standards, policies and resolutions that apply.
0. Good engineering practice.
9. Check hydrology and hydraulic calculations, and the design of the
drainage system.
10. Determine any diversion, concentrations or increases in drainage flow,
and any potential for damage to off-site property resulting from such
drainage. Check for adequate capacity of brow ditches and down
drains.
11. Check for non-erosive velocities at point of discharge or adequate
energy dissipation.
12. Review erosion control measures and check for conformance with
applicable codes and the City's Model Erosion Control Ordinance
attached to the Carlsbad Master Drainage Study.
13. Provide the City with a completed checklist and a written certification
that the plans are complete and technically correct, and are in
conformance with applicable City codes, Standards, and written
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policies, that they are consistent with any improvement plans, final
map, and other adjacent improvement documents furnished by the
City.
D. CHECKING FINAL MAPS
Consultant shall perform the following:
1. Determine that the map is in conformance with applicable conditions
of approval and the approved tentative map.
2. Check that the forniat is in compliance with the City of Carlsbad
requirements.
3. Check Title Report and Subdivision Guarantee, and verify that the all
easements are noted on the map, the legal description conforms with
the map, and all parties required to sign the map have done so.
4. Check traverse closure for lots, blocks, and boundaries and easements
for acceptable closure.
5. Check all easements to which the lots are subject, including use and
reference if already of record.
6. Check legal descriptions and plats for any off-site easements; check
ownership against title reports, and prepare deed in conformance with
City format.
7. Determine that the title sheet and/or Procedure of Survey sheet
includes basis of bearings, number of lots, acreage of the subdivision,
soils report note, and monumentation notes.
8. Determine that the following certificates and acknowledgements
appear an the title sheet:
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.> rn - a. Owner's Certificate signed and acknowledged by all parties
having record title interests, including dedications and offers of
dedications;
b. Engineer's or Surveyois Certificate;
c. City Engineer's Certificate of Approval;
d. City Clerk's Certificate of Approval by City Council and
Acceptance of Offer of Dedication; and
e. Such other affidavits, certificates, acknowledgements,
endorsemerds, and notarial seals as required.
9. Determine that map is in conformance with provisions of Land
Surveyor's Act, the Subdivision Map Act and any and all discretionary
approvals and the conditions thereto applied by the appropriate City
body.
10. Provide the City with a completed checklist and a written certification
that the map is complete and technically correct and is in
conformance with applicable City Codes, Standards, and written
policies; that it is consistent with any improvement plans, grading
plans, and any other adjacent improvement documents furnished by
the City.
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 plans are submitted
before forwarding them to the Consultant.
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B. City shall provide the Consultant with the following documents:
1. A copy of "Title 20: Subdivisions" and "Title 11.06: Excavation and
Grading" of the Carlsbad Municipal Code, and all revisions as they are
adopted.
2. A copy of "Carlsbad Standards."
3. A copy of any other written policies, standard, or criteria adopted or
used by City.
C. In addition to prints of the plans to be checked, the City will furnish to the
Consultant the following:
1. A print of the grading plan and proposed final map of the project, if
applicable.
2. A print of any adjacent improvement plans.
3. A copy of the tentative map and tentative map conditions or any other
discretionary approval applicable.
D. Nothing in this agreement shall be construed to obligate City to provide any
work to the Consultant. City reserves the right, at its sole discretion, to
assign plan for checking to Consultant, to perform planchecks with its own
forces, or to assign plans for checking to another consulting firm.
3. FEES TO BE PAID TO CONSULTANT
The Consultant shall be compensated for the actual time expended on each project.
The compensation shall be based on the Consultants fee schedule effective at the time the
work was done, provided however a copy of 'the fee schedule had previously been
forwarded to the City Engineer.
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4.. PAYMENT OF FEES
On the first working day of each month, consultant shall submit its invoice for the
work performed during the prior month. Payment of approved items on the invoice shall
be mailed to the Consultant prior to the 25th day of the month the invoice was submitted.
,5. COVENANTS AGAINST CONTINGENT FEES
The Consultant warrants that their firm has not employed or retained any company
or person, other than a bona fide employee working for the Consultant, to solicit or secure
this agreement, and that Consultant has not paid or agreed to pay any company or person,
other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or
any other consideration contingent upon, or resulting from, the award or making of this
agreement. For breach or violation of this warranty, the City shall have the right to annul
this agreement without liability, or, in its discretion, to deduct from the agreement price
or consideration, or otherwise recover, the full amount of such fee, commission,
percentage, brokerage fees, gift, or contingent fee.
6. NONDISCRIMINATION CLAUSE
The Consultant shall comply with the state and federal laws regarding
nondiscrimination.
7. TERMINATION OF CONTRACX
In the event of the Consultant's failure to prosecute, deliver, or perform the work as
provided for in this contract, the City may terminate this Agreement for nonperformance
by notifying the Consultant by certified mail of the termination of the Agreement. The
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Consultant, thereupon, has five (5) working days to deliver said documents owned by the
Gty and all work in progress to the City. The City shall make a determination of fact
based upon the documents delivered to City of the percentage of work which the
Consultant has performed which is usable and of worth to the City in having the contract
completed. Based upon that finding as reported to the City Manager, the Manager shall
determine the final payment of the contract.
8. DISPUTES
If a dispute should arise regarding the performance of work under this agreement, the
following procedure shall be used to resolve any question of fact or interpretation not
otherwise settled by agreement between parties. Such questions, if they become identified
as a part of a dispute among persons operating under the provisions of this contract, shall
be reduced to writing by the principal of the Consultant or the City Engineer. A copy of
such documented dispute shall be forwarded to both parties involved along with
recommended methods of resolution which would be of benefit to both parties. The City
Ehgineer or principal receiving the letter shall reply to the letter along with a
recommended method of resolution within ten (10) days. If the resolution thus obtained
is unsatisfactory to the aggrieved party, a letter outlining the dispute shall be forwarded
to the City Council for their resolution through the Office of the City Manager. The City
Council may then opt to consider the directed solution to the problem. In such cases, the
action of the City Council shall be binding upon the parties involved, although nothing in
this procedure shall prohibit the parties seeking remedies available to them at law.
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9. RESPONSIBILITY OF THE CONSULTANT
The Consultant is hired to render professional services to perform plancheck and any
payments made to Consultant are compensation solely for such services. Consultant shall
provide certifications as required herein, properly signed, by a Registered Civil Engineex‘s
number.
10. SUSPENSION OR TERMINATION OF SERVICES
This agreement may be terminated by either party upon tendering thirty (30) days
written notice to the other party. In the event of such suspension or termination, upon
request of the City, the Consultant shall assemble the work product and put same in order
for proper filing and closing and deliver said product to City. In the event of termination,
the Consultant shall be paid for work performed to the termination date. The City shall
make the final determination as to the portions of tasks completed and the compensation
to be made.
11. STATUS OF THE CONSULTANT
The Consultant shall perform the services provided for herein in Consultant’s own way
as an independent contractor and in pursuit of Consultant’s independent calling, and not
as an employee of the City. Consultant shall be under control of the City only as to the
result to be accomplished, but shall consult with the City as provided for in the request for
proposal.
The Consultant is an independent contractor of the City. The payment made to the
Consultant pursuant to the contract shall be the full and complete compensation to which
the Consultant is entitled. The City shall not make any federal or state tax withholdings
on behalf of the Consultant. The City shall not be required to pay any workers’
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.f 4m - compensation insurance on behalf of the Consultant. The Consultant agrees to indemnify
the City for any tax, retirement contribution, social security, overtime payment, or workers’
compensation payment which the City may be required to make on behalf of the
Consultant or any employee of the Consultant for work done under this agreement.
The Consultant shall be aware of the requirements of the Immigration Reform and
Control Act of 1986 and shall comply with those requirements, including, but not limited
to, verifying the eligibility for employment of all agents, employees, subcontractors and
consultants that are included in this agreement.
12. OWNERSHIP OF DOCUMENTS
All plans, studies, sketches, drawings, reports, and specifications as herein required are
the property of the City, whether the work for which they are made be executed or not.
In the event this contract is terminated, all documents, plans, specifications, drawings,
reports, and studies shall be delivered forthwith to the City. Consultant shall have the
right to make one (1) copy of the plans for his/her records.
13. REPRODUCTION RIGHTS
The Consultant agrees that all copyrights which arise from creation of the work
pursuant to this contract shall be vested in City and hereby agrees to relinquish all claims
to such copyrights in favor of City.
14. HOLD HARMLESS AGREEMENT
The City, its officers, and employees shall not be liable for any claims, liabilities,
penalties, fines, or any damage to goods, properties, or effects of any person whatever, nor
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for personal injuries or death caused by, or resulting from, any intentional or negligent
acts, errors or omissions of Consultant or Consultant‘s agents, employees, or
representatives. Consultant agrees to defend, indemnify, and save free and harmless the
City and its officers and employees against any of the foregoing claims, liabilities, penalties
or fines, including liabilities or claims by reason of alleged defects in any plans and
specifications, and any cost, expense or attorney’s fees which are incurred by the City on
account of any of the foregoing.
15. ASSIGNMENT OF AGREEMENT
The Consultant shall not assign this Agreement or any part thereof or any monies due
thereunder without the prior written consent of the City.
16. SUBCONTRACTING
If the Consultant shall subcontract any of the work to be performed under this
Agreement by the Consultant, Consultant shall be fully responsible to the City for the acts
and omissions of Consultant’s subcontractor and of the persons either directly or indirectly
employed by the subcontractor, as Consultant is for the acts and omissions of persons
directly employed by consultant. Nothing contained in this Agreement shall create any
contractual relationship between any subcontractor of Consultant and the City. The
Consultant shall bind every subcontractor and every subcontractor of a subcontractor by
the terms of this Agreement applicable to Consultant’s work unless specifically noted to the
contrary in the subcontract in question approved in writing by the City.
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17. PROHIBITED INTEREST
No official of the City who is authorized in such capacity on behalf of the City to
negotiate, make, accept, or approve, or take part in negotiating, making, accepting, or
approving of this agreement, shall become directly or indirectly interested personally in this
contract or in any part thereof. No officer or employee of the City who is authorized in
such capacity and on behalf of the City to exercise any executive, supervisory, or similar
f~mctions in connection with the performance of this contract shall become directly or
indirectly interested personally in this contract or any part thereof.
18. EXTRA WORK
The Consultant, in performing his services, shall not do extra work in excess of this
agreement without the written permission of the City or its designated representative.
19. SUCCESSORS OR ASSIGNS
Subject to the provisions of Paragraph 14, "Hold Harmless Agreement," all terms,
conditions, and provisions hereof shall insure to and shall bind each of the parties hereto,
and each of their respective heirs, executors, administrators, successors, and assigns.
20. EFFEcXW'E DATE
This agreement shall be effective on and from the day and year first above written and
may be extended for three (3) consecutive one (1) year periods upon satisfactory
performance and City needs.
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21. CONFLICI' OF INTEREST
The Consultant shall file a Conflict of Interest Statement with the City Clerk in
accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The
Consultant shall report investments or interests in real property. The Consultant expressly
affirms that he will perform no plancheck services on any plans prepared by his €inn or any
plans for applicants, which are also clients of the consultant where there is any possibility
sf a conflict of interest. The Consultant shall immediately notify the City Engineer of any
circumstances which may lead to a conflict of interest.
5!2. INSURANCE
The Consultant shall obtain and maintain policies of general liability insurance, three
hundred thousand dollars ($300,000) automobile liability insurance, and a combined policy
of worker's compensation and employers liability insurance from an insurance company
authorized to do business in the State of California which meets the requirements of City
Council Resolution No. 91-403 in an insurable amount of not less than one million dollars
($1,000,000) each, unless a lower amount is approved by the City Attorney or the City
Manager. This insurance shall be in force during the life of this agreement and shall not
be canceled without thirty (30) days prior written notice to the City sent by certified mail.
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The City shall be named as an additional insured on these policies. The Consultant
shall furnish certificates of insurance to the City before commencement of work.
Executed by Consultant this ” G day of L/+-, , 19c?
CONSULTANT: CITY OF CARLSBAD, a municipal
- Helming - Enfineering, Inc.
(name of Consultant)
By:
ATTEST:
” Douglas L. Helming (print name here)
President ALETHA L. RAUTENKRANZ
(ti,tle and organization of signatory) City Clerk
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(Proper notarial acknowledgment of execution by CONSULTANT must be attached.)
~Dr~c;~ont nr vire-nrecident and secretary or assistant secretary must sign for corporations.
‘-PURPOSE ACKNOWLEDGMENT
;ateof California
Duntyof San Diego 1 I
CAPACITY CLAIMED BY SIGNER .!
I I I a INDIVIDUALS) SGNW FOR WESE1FMMSELVES
I
On 7-16-92 before me, Doug1as L - Helming (name, title of officer),
Q gig: ?rsonally appeared
TiTLE(S) 1 :personally known to me - OR - Cl proved to me on the basis of satisfactory evidence to i
( 3 the PerSOn(S$ whose name# i&xe subscribed to the within instrument and acknowl- ( (
jgedto me that he&k&jdteyexecuted the same in hid&&b&authorized capacity
lming Engineering, Inc.
id
COMPANY
PARTNERSHIP
WITNESS my hand and official seal.
PRINCIPAL OFFICE IN
&CAN DLEGO CCUNTY EMITYIIES) REPRESENTED