HomeMy WebLinkAbout1994-01-11; City Council; Resolution 94-11&
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RESOLUTION NO. 9 4 - 11
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT WITH
ELLORIN CONSULTING ENGINEERS
WHEREAS, the City Council of the City of Carlsbad has reviewed the need .
utilization of consultant services on an ongoing, as needed basis in order to maintain !
levels; and
WHEREAS, the City Council has determined that Ellorin Consulting Engineel
performed in a satisfactory manner; and
WHEREAS, the City Council recognizes the need to maintain the continuity of v
progress by utilizing Ellorin Consulting Engineers.
NOW, THEREFORE, BE 1T RESOLVED by the City Council of the City of Cai
California, as follows:
1. That the above recitations are true and correct,
2. That an agreement with Ellorin Consulting Engineers, a copy of which is att
as Exhibit 1, and made a part hereof, is hereby approved.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of th
of Carlsbad, California held on the 1 Ith day of JANUARY , 1994 by the followins
to wit:
AYES: Council Members Lewis, Stanton, Kulchin, Nygaard, Finnila
NOES: None
ABSENT: None
ATTEST:
~ xL%uTEN%- 4.
(SEAL)
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0' 02 EXHIBIT
AGREEMENT FOR
CONSULTANT PLANCHECKING SERVICES
THIS AGREEMENT, made and entered into as of the 13th day of JANUARY
, 19%, by and between the CITY OF CARLSBAD, a municipal corporation,
hereinafter referred to as "City", and ELLORIN CONSULTING ENGINEERS, a sole
proprietorship, 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 and erosion control plans, final
maps, parcel 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
The Consultant shall provide qualified professional engineering plancheck services
and all facilities, equipment and standard engineering reference 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. Examine plans, tour the site in the field, and become familiar with
general concepts as proposed by the project applicant for access,
drainage, sewer and water facilities to the site.
2.
3.
4.
5.
6.
7.
a.
9.
10.
11.
Determine if the plans are in conformance with applicable conditions
of approval and the approved tentative map.
Check hydrology and hydraulic calculations, and the design of the
storm drain system.
Determine any diversions, concentrations or increases in drainage
flow, and any potential for damage to off-site property resulting from
such drainage.
Determine requirements for off-site easements and whether they
have been obtained.
Determine any encroachments on adjacent property.
Check adequacy and availability of sewer and water service and the
respective pipe sizing.
Check stopping sight distance, horizontal radius, and vertical curves
on streets.
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.
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.
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.
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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, the list of
quantities and the engineer’s cost estimate.
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.
15. Submit technical information for letters, agreements, securities, and
easement documents. Submit all plan check related documents to
the City for the project file.
B. CHECKING GRADING AND EROSION CONTROL 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.
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.
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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;
1. 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 vertical
curves; and
m. 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.
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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
policies, that they are consistent with any improvement plans, final
map, and other adjacent improvement documents furnished by the
City.
14. Submit technical information for letters, agreements, securities, and
easement documents. Submit all plan check related documents to
the City for the project file.
C. CHECKING FINAL MAPS AND PARCEL 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 format 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, boundaries and easements
for acceptable closure.
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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 on the title sheet:
a. Owner’s Certificate signed and acknowledged by all parties
having record title interests, including dedications and offers
of dedications;
b. Engineer’s or Surveyor’s Statement;
c. City Engineer’s Statement of Approval;
d. City Clerk’s Certificate of Approval by City Council and
Acceptance of Offer of Dedication; and
e. Such other affidavits, certificates, acknowledgements,
endorsements, and notarial seals as required.
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.
11. Submit technical information for letters, agreements, securities, and
easement documents. Submit all plan check related documents to
the. City for the project file.
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D. OTHER PIANCHECKING SERVICES
Consultant 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,
or other projects.
E. OTHER SERVICES .
Consultant 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 Consultant for an agreed upon
not-to-exceed fee unless otherwise agreed to in writing.
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 Consultant.
6. Prior to or concurrent with forwarding of the plans to the Consultant, 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 Consultant.
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C. 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 the latest edition of "Standards for Design and
Construction of Public Works Improvements in the City of Carlsbad".
3. A copy of any other written policies, standards, 'or criteria adopted
or used by City.
D. 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, improvement plan, and proposed final
map of the project, if applicable.
2. A print of any adjacent improvement plans.
3. A copy of the conforming tentative map and tentative map conditions
and/or any other discretionary approval applicable.
E. Collect the necessary fees, securities and deposits required for the project
from the applicant.
F. Provide Consultant with access, use of Ctty project files, computer system
and conference rooms as appropriate.
G. 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 plans for
checking to Consultant, to perform planchecks with its own forces, or to assign plans for
checking to another consulting firm.
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3. FEES TO BE PAID TO CONSULTANT
The Consultant shall be compensated for actual time expended on each project.
The compensation shall be based on the Consultant’s fee schedule attached as Exhibit
A. For planchecking services, the billing rate of the principal of the firm, Mr. Ben Ellorin,
shall be at the Project Manager level. Billing rates of other plancheckers shall be
commensurate with their level of experience and expertise.
Changes in the fee schedule may be submitted by the Consultant to the City
Engineer at the .time of contract extension as provided in Section 4.. DURATION OF
CONTRACT. The City Engineer shall review the proposed rates and make a
recommendation to the City Manager. The City Manager may grant an increase in the
fees, not-to-exceed 5%, by amending the contract at the time of extension. The total to
be paid to Consultant under this contract shall not exceed $160,000 per year unless this
contract is amended.
4. DURATION OF CONTRACT
This contract shall extend for a period of one (1) year from date thereof and may
be extended by the City Manager for three (3) additional one (1) year periods or parts
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 services
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 City,
and informal consultations with the other party indicate that a change in the conditions
of the contract is warranted, the Consultant or the City may request a change in contract.
Such changes shall be processed by the City in the following manner: A letter outlining
the required changes shall be forwarded to the City by Consultant to inform them of the
proposed changes along with a statement of estimated changes in charges or time
schedule. A supplemental agreement shall be prepared by the City and approved by the
City according to the procedures described in Carlsbad Municipal Code Section 3.28.1 72.
Such supplemental agreement shall not render ineffective or invalidate unaffected portions
of the agreement.
7. 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 othewise recover, the full amount of such fee,
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 regarding
nondiscrimination.
9. TERMINATION OF CONTRACT
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- contract for nonperformance by
notifying the Consultant by certified mail of the termination of the Consultant. The
Consultant, thereupon, has five (5) working days to deliver said documents owned by the
City 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 City Manager
shall determine the final payment of the contract.
10. 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 Engineer or principal receiving the letter shall reply to the letter
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along with a recommended method of resolution within ten (IO) 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.
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 herein.
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 or its employees or sub-contractors. The City shall not be
required to pay any workers’ compensation insurance on behalf of the Consultant or its
employees or sub-contractors. The Consultant agrees to indemnify the City for any tax,
unemployment benefit, 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 or sub-contractor of the Consultant for work done under this
agreement.
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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, studies, reports, specifications, and
documents 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 for personal injuries or death caused by, or resulting from, any intentional or negligent
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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 CONTRACT
The Consultant shall not assign this contract 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
contract 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 contract 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 contract 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 functions in connection with the performance of this contract shall become directly
or indirectly interested personally in this contract or any part thereof.
18. VERBAL AGREEMENT OR CONVERSATION
No verbal agreement or conversation with any officer, agent, or employee of the City,
either before, during or after the execution of this contract, shall affect or modify any of
the terms or obligations herein contained nor entitle the Consultant to any additional
payment whatsoever under the terms of this contract.
19. SUCCESSORS OR ASSIGNS
Subject to the provisions of Paragraph 14, "Hold Harmless Agreement," all terms,
conditions, and provisions hereof shall inure to and shall bind each of the parties hereto,
and each of their respective heirs, executors, administrators, successors, and assigns.
20. EFFECTIVE DATE
This agreement shall be effective on and from the day and year first written above.
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21. CONFLICT 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.
22. INSURANCE
The Consultant shall obtain and maintain policies of general liabi\ity insurance,
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 ($1,000,000) each, unless a
lower amount is approved by the City Attorney or the City Manager. This insurance shall
be in force during the life of this agreement and shall not be canceled without thirty (30)
days prior written notice to the City sent by certified mail.
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The City shall be named as an additional insured on these policies. The Consultant
shall furnish certificates of insurance to the City before commencement of work.
Executed by Consultant this ?/?,* day of -E%, 1993.
CONSULTANT: CIW OF CARLSBAD, a municipal
Ellorin Consulting Engineers
By: 7 c 5&-J$* ,sign here)
Ben 6. Ellorin ATTEST:
(print name here)
Principal/Sole Proprietor
(title and organization of signatory)
ALETHA L. RAUTENKRANZ \
City Clerk
(Proper notarial acknowledgment of execution by CONSULTANT must be attached.)
(President or vice-president and secretary or assistant secretary must sign for
corporations. If only one officer signs, the corporation must attach a resolution certified
by the secretary or assistant secretary under corporate seal empowering that officer to
bind the corporatior-i.)
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
BY 3
Deputy “iv/~(oy+v
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1 STATE OF CALIFORNIA }ss.
COUNTY OF SAN DIEGO 1
OnDECEMBER 22, 1993 beforeme, Rm WORTH NOTARY PTTRT ~p 3
personally appeared BEN 3. ELLORIN 1
&Wv@lf KdM/t# me (or proved
to me on the basis of satisfactory evidence) to be the person(g) whose name(9 islare subscribed to the within
instrument and acknowledged to me that hel+,e/tpy,executed the same in hislh~~~~~ authorized capacity(ip9,
and that by his@?Vt)&if signature(?) on the instrument the person(9 or the entity upon behalf of which the
_"
person($) acted, executed the instrument.
WlTNESS,m d and official seal.
Signature r(l\ 1- ~~~Q\~ 'U&.(& !
BARBARA WORTH NOmRY PUBLIC EX 9/4/97 (This area for official notarial seal)
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EXHIBIT A
E c E ELLORIN COhSCI.TI Ti NC, EXG1NEF.W
2 1 1 1 Palomar Aport Road, Suite 320
Carlsbad, CA 92009 Tel: (619) 438-5361 Fax: (619) 438-5362
SCHFSTLLE OF CCTRRENT HOURLY RBTEs
ENGlNEERlNG
Principal Engineer
Project Manager
Project Engineer
Engineering Designer
Engineering Draftsperson
$ 90.00
$ 80.00
$ 70.00
$ 60.00
$ 50.00
PLANNLVG
Principal Planner
Project Planner
Assistant Planner
$
$
$
LAND SURVEYING (Rates include data gathering equipment)
Principal Land Surveyor $
Project Land Surveyor $
Assistant Land Surveyor $
Two Person Field Survey Party $
Three Person Field Survey Party $
ARCHITECTURE
Principal Architect $
Project Architect $
Architectural Designer $
Architectural Draftsperson !§
ADMINISTRATION AND OFFICE
Administrative Analyst $
.. Word Processor $
75 .OO
65.00
55.00
75.00
65.00
55.00
1 10.00
lSO.00
75.00
65 .OO
55.00
50.00
40.00
30.00
REIMBURSABLE EXPENSES
Blueprinting and Reproduction cost + 10 %
Telephone I Fax cost + 10%
Equipment cost + 10 Yo
Subcontracting Services (Non Professional) cost + 10 Yo
Travel $ 0.30 /Mile
Postage cost '
Materials cost