HomeMy WebLinkAbout1993-11-16; City Council; Resolution 93-3141
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RESOLUTION NO. 93-314
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 nec
utilization of consultant services on an ongoing, as needed basis in order to maint:
levels; and
WHEREAS, the City Council has determined that Helming Engineering, Incorpc
performed in a satisfactory manner; and
WHEREAS, the City Council recognizes the need to maintain the continuity
progress by utilizing Helming Engineering, Incorporated.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
California, as follows:
1. That the above recitations are true and correct.
2. That an agreement with Helming Engineering, Incorporated, a copy c
attached as Exhibit 1, and made a part hereof, is hereby approved.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council
of Carlsbad, California held on the 16th day of NOVEMBER, 1993 by the follo
to wit:
AYES: Council Members Lewis, Stanton, Kulchin, Nygaard, Finni
NOES: None
ABSENT: None
ATTEST:
ALETHA L. RAUTENKRANZ, City Clerk 1
(SEAL) J
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AGREEMENT FOR
CONSULTANT PLANCHECKING SERVICES
THIS AGREEMENT, made and entered into as of the 22nd day of NOVEMBE
, 19zj by and between the CITY OF CARLSBAD, a municipal corporatio
hereinafter referred to as "City'l, and HELMING ENGINEERING, INC., a Califorr
Corporation, hereinafter referred to as "Consultant".
RECITALS
City requires the services of an engineering consultant to provide the necessi
services for plancheck of improvement plans, grading plans and final maps, and ott-
services that may be required; and Consultant possesses the necessary skills a1
qualifications to provide the services required by the City;
NOW, THEREFORE, in consideration of these recitals and the mutual covenar
contained herein, City and Consultant agree as follows:
1. CONSULTANT'S OBLIGATIONS
The Consultant shall provide qualified professional General Civil Engineeri
support services including, but not limited to, preliminary and final design, right-of-vc
engineering and plancheck services, all equipment and standard engineering referer
materials necessary to perform as required herein:
A. CHECKING IMPROVEMENT PLANS:
Consultant shall perform the following work for each project:
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1.
2.
3.
4.-
5.
6.
7.
8.
9.
10.
11.
12.
Examine plans, tour the site in the field, and become familiar wil
general concepts as proposed by the project applicant for acces!
drainage, sewer and water facilities to the site.
Determine if the plans are in conformance with applicable conditior
of approval and the approved tentative map.
Check hydrology and hydraulic calculations, and the design of tt
storm drain system.
Determine any diversions, concentrations or increases in drainal
flow, and any potential for damage to off-site property resulting fro
such drainage.
Determine requirements for off-site easements and whether thc
have been obtained.
Determine any encroachments on adjacent property.
Check adequacy and availability of sewer and water service and tl
respective pipe sizing.
Check stopping sight distance, horizontal radius, and vertical curv
on streets.
Determine that the plans, as submitted, are in conformance with tl
Carlsbad Municipal Code, the City of Carlsbad Standards, and ott-
applicable standards used by the City.
Determine that the striping, signing, traffic signals, and all other trai
control equipment are shown on the plan in conformance with t
Carlsbad Municipal Code, City of Carlsbad Standards, and ott
applicable codes and standards used by the City.
Determine that traffic control, detour, phasing, and all ott
sequence plans are shown on the plan in conformance with t
Carlsbad Municipal Code, City of Carlsbad Standards, and ott
applicable codes and standards used by the City.
Determine that the improvement plans are in conformance with 1
approved grading plan and final map, if applicable to the project.
copy of the grading plan and final map will be furnished with 1
improvement plans. The City may elect to check the grading p'
and final map or include these plan checks within the Consultar
responsibilities.
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13. Determine the accuracy of the quantity calculations and the list 1
quantities.
14. Provide the City with a completed checklist and written certificatic
that the plans are complete and accurate, and are in conformanc
with applicable City Codes, Standards, discretionary approvals ar
written policies, that they are consistent with any grading plans, fin
map and any other adjacent improvement documents filed at tt
City.
B. CHECKING GRADING PLANS:
Consultant shall perform the following:
1. Examine plans, tour the site in the field, become familiar with tl
general concept as proposed by the project applicant.
2. Determine if the plans are in conformance with applicable conditio
of approval and the approved tentative map.
3. Determine if the general format for the plan is in conformance w
City of Carlsbad requirements.
4. Compare the grading plan with the recommendations in the sc
report provided and check that the specifications and details in t
soils report are included in the plans. Make recommendation
necessity for additional soils review and review any such additiol
soils reports that are submitted.
5. Compare the grading plan with the grading shown on any and
discretionary approvals and the conditions thereto applied by i
appropriate City body.
6. Compare the grading plan with the improvement plans for 1
project.
7. Compare the grading plan with the approved environmer
information.
8. Check for the following technical items:
a. Set back from property line;
b. Identification of property and easement lines;
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c. Amounts noted for excavation, fill, and import or export (cubi
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 linc
shown on the plan);
h. Typical lot drainage;
i. Typical berm or swale at the top of the fill;
i. Typical brow ditch;
k. Terrace drains;
1. Percent of grade of streets and driveway, length of vertic
curves; and
m. Horizontal and vertical site distance; cross check this wi
improvement plans.
n. Such other items that are contained in City Ordinancc
Standards, policies and resolutions that apply.
0. Good engineering practice.
9. Check hydrology and hydraulic calculations, and the design of t
drainage system.
10. Determine any diversion, concentrations or increases in drainal
flow, and any potential for damage to off-site property resulting frc
such drainage. Check for adequate capacity of brow ditches a1
down drains.
1 1. Check for non-erosive velocities at point of discharge or adequ:
energy dissipation.
12. Review erosion control measures and check for conformance v,
applicable codes and the City’s Model Erosion Control Ordinar
attached to the Carlsbad Master Drainage Study.
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13. Provide the City with a completed checklist and a written certificatio
that the plans are complete and technically correct, and are i
conformance with applicable City Codes, Standards, and writte
policies, that they are consistent with any improvement plans, fin;
map, and other adjacent improvement documents furnished by th
City.
C. CHECKING FINAL MAPS
Consultant shall perform the following:
1. Determine that the map is in conformance with applicable conditior
of approval and the approved tentative map.
2. Check that the format is in compliance with the City of Carlsb;
requirements.
3. Check Title Report and Subdivision Guarantee, and verify that the
easements are noted on the map, the legal description conforr
with the map, and all parties required to sign the map have done s
4. Check traverse closure for lots, blocks, and boundaries a1
easements for acceptable closure.
5. Check all easements to which the lots are subject, including use a1
reference if already of record.
6. Check legal descriptions and plats for any off-site easements; che
ownership against title reports, and prepare deed in conforman
with City format.
7. Determine that the title sheet and/or Procedure of Survey shc
includes basis of bearings, number of lots, acreage of 1
subdivision, soils report note, and monumentation notes.
8. Determine that the following certificates and acknowledgeme
appear on the title sheet:
a. Owner’s Certificate signed and acknowledged by all parl
having record title interests, including dedications and off
of dedications;
b. Engineer’s or Surveyor’s Certificate;
c. City Engineer’s Certificate of Approval;
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d. City Clerk’s Certificate of Approval by City Council an
Acceptance of Offer of Dedication; and
e. Such other affidavits, certificates, acknowledgement
endorsements, and notarial seals as required.
9. Determine that map is in conformance with provisions of Lan
Surveyor’s Act, the Subdivision Map Act and any and i
discretionary approvals and the conditions thereto applied by tt
appropriate City body.
10. Provide the City with a completed checklist and a written certificatic
that the map is complete and technically correct and is
conformance with applicable City Codes, Standards, and writtt
policies; that it is consistent with any improvement plans, gradir
plans, and any other adjacent improvement documents furnished I
the City.
D. PRELIMINARY AND FINAL ENGINEERING DESIGN
1. Perform topographic survey.
2. Utility research, coordination and design.
3. Preliminary engineering design and feasibility analysis including cc
estimates and analysis of benefits to land ownerships.
4. Hydrologic and hydraulic analysis and design of storm drain facilitic
5. Preparation of final design plans, specifications, and cost estimat
in conformance with City Standards suitable for contract award a
execution.
E. RIGHT-OF-WAY ENGINEERING SERVICES
1. Provision of legal descriptions and plats for roadway and uti
easement documents.
2. Provision and review of appropriate title information on parcels
land to be acquired by the City.
3. Coordination with property owners in describing and obtaini
easement documents.
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4. Review and checking of easement and right-of-way documen
prepared by others for use by the City.
5. Perform cadastral survey and appropriate records of survey to locatc
and monument properties as may be required by the City.
2. CITY OBLIGATIONS
A. Upon initial receipt of a request for plancheck, the City shall perform I
preliminary review of the plans to ensure that complete plans are submitted befor
forwarding them to the Consultant.
B. City shall provide the Consultant with the following documents:
1. A copy of "Title 20: Subdivisions" and "Title 11.06: Excavation ar
Grading" of the Carlsbad Municipal Code, and all revisions as tht
are adopted.
2. A copy of "Carlsbad Standards."
3. A copy of any other written policies, standard, or criteria adopted (
used by City.
C. In addition to prints of the plans to be checked, the City will furnish to tt
Consultant the following:
1. A print of the grading plan and proposed final map of the project
applicable.
2. A print of any adjacent improvement plans.
3. A copy of the tentative map and tentative map conditions or a
other discretionary approval applicable.
4. Any other reference material in possession of the City required
perform the provisions of this contract.
D. Nothing in this agreement shall be construed to obligate City to provide a
work to the Consultant. City reserves the right, at its sole discretion, to assign plans
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checking to Consultant, to perform planchecks with its own forces, or to assign plans fc
checking to another consulting firm.
3. FEES TO BE PAID TO CONSULTANT
The Consultant shall be compensated for actual time expended on each projec
The compensation shall be based on the Consultant’s fee schedule in effect at the tin
the work was done. The Consultant’s fee schedule shall be approved with the effecth
date of this contract (Exhibit A). Changes in the fee schedule shall be submitted by tt
Consultant to the City Engineer at the time of contract extension as provided
Section 4., DURATION OF CONTRACT. If the City Engineer accepts the rates, tt
contract may be amended and extended by the City Manager. The total to be paid
Consultant under this contract shall not exceed $200,000.
4. DURATION OF CONTRACT
This contract shall extend for a period of one (1) year from date thereof and m
be extended by the City Manager for three (3) additional one (1) year periods or pa
thereof, based upon a review of satisfactory performance and the City’s needs.
5. PAYMENT OF FEES
Payment of fees shall be within thirty (30) days after receipt of invoice for servic
from Consultant.
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6. CHANGES IN WORK
If, in the course of the contract, changes seem merited by the Consultant or the CiQ
and informal consultations with the other party indicate that a change in the condition
of the contract is warranted, the Consultant or the City may request a change in contrac
Such changes shall be processed by the City in the following manner: A letter outlinir
the required changes shall be forwarded to the City by Consultant to inform them of tt
proposed changes along with a statement of estimated changes in charges or tin
schedule. A supplemental agreement shall be prepared by the City and approved by tl
City according to the procedures described in Carlsbad Municipal Code Section 3.28.17
Such supplemental agreement shall not render ineffective or invalidate unaffected portio!
of the agreement.
7. COVENANTS AGAINST CONTINGENT FEES
The Consultant warrants that their firm has not employed or retained any compa
or person, other than a bona fide employee working for the Consultant, to solicit
secure this agreement, and that Consultant has not paid or agreed to pay any compa
or person, other than a bona fide employee, any fee, commission, percentage, brokera
fee, gift, or any other consideration contingent upon, or resulting from, the award
making of this agreement. For breach or violation of this warranty, the City shall have '
right to annul this agreement without liability, or, in its discretion, to deduct from '
agreement price or consideration, or otherwise recover, the full amount of such f
commission, percentage, brokerage fees, gift, or contingent fee.
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8. NONDISCRIMINATION CLAUSE
The Consultant shall comply with the state and federal laws regardin!
nondiscrimination.
9. TERMINATION OF CONTRACT
In the event of the Consultant’s failure to prosecute, deliver, or perform the work a
provided for in this contract, the City may terminate this contract for nonperformance t=
notifying the Consultant by certified mail of the termination of the Consultant. Tt
Consultant, thereupon, has five (5) working days to deliver said documents owned by tk
City and all work in progress to the City. The City shall make a determination of fa
based upon the documents delivered to City of the percentage of work which tt
Consultant has performed which is usable and of worth to the City in having the contra
completed. Based upon that finding as reported to the City Manager, the Manager sh,
determine the final payment of the contract.
10. DISPUTES
If a dispute should arise regarding the performance of work under this agreemer
the following procedure shall be used to resolve any question of fact or interpretation r
otherwise settled by agreement between parties. Such questions, if they becor
identified as a part of a dispute among persons operating under the provisions of ti
contract, shall be reduced to writing by the principal of the Consultant or the C
Engineer. A copy of such documented dispute shall be forwarded to both part
involved along with recommended methods of resolution which would be of benefit
both parties. The City Engineer or principal receiving the letter shall reply to the lei
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along with a recommended method of resolution within ten (10) days. If the resolutiol
thus obtained is unsatisfactory to the aggrieved party, a letter outlining the dispute sha
be forwarded to the City Council for their resolution through the Office of the Cit
Manager. The City Council may then opt to consider the directed solution to th
problem. In such cases, the action of the City Council shall be binding upon the partie
involved, although nothing in this procedure shall prohibit the parties seeking remedie
available to them at law.
11. SUSPENSION OR TERMINATION OF SERVICES
This agreement may be terminated by either party upon tendering thirty (30) da)
written notice to the other party. In the event of such suspension or termination, upc
request of the City, the Consultant shall assemble the work product and put same
order for proper filing and closing and deliver said product to City. In the event
termination, the Consultant shall be paid for work performed to the termination dat
however, the total shall not exceed the lump sum fee payable under paragraph 3. TI
City shall make the final determination as to the portions of tasks completed and tl
compensation to be made.
12. STATUS OF THE CONSULTANT
The Consultant shall perform the services provided for herein in Consultant’s 01
way as an independent contractor and in pursuit of Consultant’s independent calling, a
not as an employee of the City. Consultant shall be under control of the City only as
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the result to be accomplished, but shall consult with the City as provided for in thl
request for proposal.
The Consultant is an independent contractor of the City. The payment made to th
Consultant pursuant to the contract shall be the full and complete compensation to whic
the Consultant is entitled. The City shall not make any federal or state tax withholding
on behalf of the Consultant or its employees or sub-contractors. The City shall not t:
required to pay any workers’ compensation insurance on behalf of the Consultant or i’
employees or sub-contractors. The Consultant agrees to indemnify the City for any ta
unemployment benefit, retirement contribution, social security, overtime payment, t
workers’ compensation payment which the City may be required to make on behalf of tt
Consultant or any employee or subcontractor of the Consultant for work done under th
agreement.
The Consultant shall be aware of the requirements of the Immigration Reform ar
Control Act of 1986 and shall comply with those requirements, including, but not limitc
to, verifying the eligibility for employment of all agents, employees, subcontractors a1
consultants that are included in this agreement.
13. OWNERSHIP OF DOCUMENTS
All plans, studies, sketches, drawings, reports, and specifications as herein requir
are the property of the City, whether the work for which they are made be executed
not. In the event this contract is terminated, all documents, plans, specificatiol
drawings, reports, and studies shall be delivered forthwith to the City. Consultant st
have the right to make one (1) copy of the plans for hidher records.
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14. REPRODUCTION RIGHTS
The Consultant agrees that all copyrights which arise from creation of the WOI
pursuant to this contract shall be vested in City and hereby agrees to relinquish all clairr
to such copyrights in favor of City.
15. HOLD HARMLESS AGREEMENT
The City, its officers, and employees shall not be liable for any claims, liabilitic
penalties, fines, or any damage to goods, properties, or effects of any person whatevc
nor for personal injuries or death caused by, or resulting from, any intentional or neglige
acts, errors or omissions of Consultant or Consultant’s agents, employees,
representatives. Consultant agrees to defend, indemnify, and save free and harmless tl
City and its officers and employees against any of the foregoing claims, liabilitit
penalties or fines, including liabilities or claims by reason of alleged defects in any pla
and specifications, and any cost, expense or attorney’s fees which are incurred by t
City on account of any of the foregoing.
16. ASSIGNMENT OF CONTRACT
The Consultant shall not assign this contract or any part thereof or any monies d
thereunder without the prior written consent of the City.
17. SUBCONTRACTING
If the Consultant shall subcontract any of the work to be performed under 1
contract by the Consultant, Consultant shall be fully responsible to the City for the a
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and omissions of Consultant’s subcontractor and of the persons either directly o
indirectly employed by the subcontractor, as Consultant is for the acts and omissions o
persons directly employed by consultant. Nothing contained in this contract shall creatl
any contractual relationship between any subcontractor of Consultant and the City. Thc
Consultant shall bind every subcontractor and every subcontractor of a subcontractor b
the terms of this contract applicable to Consultant’s work unless specifically noted to thl
contrary in the subcontract in question approved in writing by the City.
18. PROHIBITED INTEREST
No official of the City who is authorized in such capacity on behalf of the City 1
negotiate, make, accept, or approve, or take part in negotiating, making, accepting, (
approving of this agreement, shall become directly or indirectly interested personally
this contract or in any part thereof. No officer or employee of the City who is authorize
in such capacity and on behalf of the City to exercise any executive, supervisory, I
similar functions in connection with the performance of this contract shall become dired
or indirectly interested personally in this contract or any part thereof.
19. VERBAL AGREEMENT OR CONVERSATION
No verbal agreement or conversation with any officer, agent, or employee of the Ci
either before, during or after the execution of this contract, shall affect or modify any
the terms or obligations herein contained nor entitle the Consultant to any additiol
payment whatsoever under the terms of this contract.
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20. SUCCESSORS OR ASSIGNS
Subject to the provisions of Paragraph 15, "Hold Harmless Agreement," all term:
conditions, and provisions hereof shall inure to and shall bind each of the parties heretc
and each of their respective heirs, executors, administrators, successors, and assigns
21. EFFECTIVE DATE
This agreement shall be effective on and from the day and year first written abov
22. CONFLICT OF INTEREST
The consultant shall file a conflict of interest statement with the city clerk
accordance with the requirements of the City of Carlsbad conflict of interest code. Tt
disclosure categories shall be Category 1.
23. INSURANCE
The Consultant shall obtain and maintain policies of general liability insuranc
automobile liability insurance, and a combined policy of worker's compensation a
employers liability insurance from an insurance company authorized to do business in 1
State of California which meets the requirements of City Council Resolution No. 91-4
in an insurable amount of not less than one million dollars ($1,000,000) each, unles!
lower amount is approved by the City Attorney or the City Manager. This insurance SI
be in force during the life of this agreement and shall not be canceled without thirty (
days prior written notice to the City sent by certified mail.
....
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- CAUFORN~~~LL-PURPOSE ACKNOVJkDGEMENT =
- STATE OF CALIFORNIA 1
COUNTY OF F&j"),E* 1
On /ykA,$/p before me, L
.- -!&x Is /+., . /-pSACA -*
NAME. TITLE OF OFFICER - E.G.. 'JANE DOE. NOTARY PUBLIC-
/ - personally appeared, -I b\1 G\ y-5
personally known to me (or proved to me on the basis of satisfaciok evidence) to be the'person(s) whose name(s)
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their ai
capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of whi
person(s) acted, executed the instrument.
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< OPTIONAL INFORMATION
TITLE OR TYPE OF DOCUMENT
DATE OF DOCUMENT /~/AF Hd LML E ~2- Y?
SIGNER(S) OTHER THAN NAMED AB VE
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The City shall be named as an additional insured on these policies. The Consultar
shall furnish certificates of insurance to the City before commencement of work.
Executed by Consultant this 2 2 day of OC70AG-R ,192
CONSULTANT: CITY OF CARLSBAD, a municipal
corporation of the State of California
Helmincl Enaineerina. Inc.
(name of Consultant) Ji!J&/ By:
By: t4
ATTEST:
Doualas L. Helmina
(print name here)
(tit e and organization of signatory) ALETHA ~1- L. RAUTENKRANZ ?k. 368 roe hJ 7-
M ldb F&rc)mlrJC’ J i’c# City Clerk
(Proper notarial acknowledgment of execution by CONSULTANT must be attached.)
(President or vice-president and secretary or assistant secretary must sign 1
corporations. If only one officer signs, the corporation must attach a resolution certific
by the secretary or assistant secretary under corporate seal empowering that officer
bind the corporation.)
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
BY 1 Oi,G A Deputy City Addrney
16 Rev. 6/10,
EXHIBIT 0 I 0
' !I HELMING
11 -ENGINEERING, INC 1947 CAMINO VlDA ROBLE. SUITE 107 - CARLSSA
(619) 431-5999 - FAX 61
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SCHEDULE OF CURRENT HOURLY RATES
Effective January 1, 1993
OFFICE:
Ii i( Principal Engineer
~ Project Engineer/Manager
I Survey Analyst
!I Draftsperson
ii
// Associate Engineer
11
iI Administrative Aide !I
;i Designer
$ 1oo.co
$ 85.00
$ 70.00
$ 70.00
$ 60.00
$ 50.00
$ 28.00
ti
I 'I FiELD:
1 Field Supervisor $ 65.00
I 1 -Person Survey Crew $ 65.00 j j . 2-Person Sunmy Crew $ 1 10.00
i I 3-Person Survey Crew $ 150.00
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/I REIMBURSABLE EXPENSES: Ij /i 1,
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Blueprinting and reproduction
TelephondFax
Uectn'c Equipment
Sub-contracting services
Travel
Postage
Materials -"
cost + 10%
cost + 10%
Cost + 10%
cost + 10% $0.30/mile
cost
cost -
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