HomeMy WebLinkAbout1997-04-01; City Council; Resolution 97-423e 19
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/I RESOLUTION NO. 97-423
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT WITH
BERRYMAN & HENIGAR AND ELLORIN CONSULTING FOR
ENGINEERING PLANCHECKING SERVICES.
WHEREAS, the City Council of the City of Carlsbad has reviewed the need for consu
plancheck services on an as-needed basis in order to maintain service levels; and
WHEREAS, the City Council has determined that Berryman & Henigar and El
Consulting Engineers has the necessary qualifications; and
WHEREAS, sufficient funds are available in the Engineering Department budget.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carls
California, as follows:
1. That the above recitations are true and correct.
2. That an agreement between the City of Carlsbad and Berryman & Henigar
Ellorin Consulting Engineers for engineering planchecking services, copies identified
Exhibits 2 and 3, are hereby approved.
3. That the Mayor of the City of Carlsbad is hereby authorized and directe
execute said agreements for and on behalf of the City of Carlsbad.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Co
held on the 1st day of April , 1997 by the following vote, to wit:
AYES: Council Members Lewis, Finnila, Nygaard, Kulchin, and Hall
NOES: None
ABSENT: None
I1 ATTEST:
. HA L. RAUTENKRANZ, City A2 NET
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(SEAL)
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AGREEMENT FOR
ENGINEERING PLANCHECKING SERVICES
THIS AGREEMENT, made and entered into as of the 4th day of APRIL ,
1997, by and between the CITY OF CARLSBAD, a municipal corporation, hereinafter
referred to as "City", and BERRYMAN & HENIGAR, hereinafter referred to as
"Contractor".
RECITALS
City requires the services of an engineering Contractor 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 Contractor 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 Contractor agree as follows:
1. CONTRACTOR'S OBLIGATIONS
The Contractor 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:
Contractor shall perform the following work for each project:
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.
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2.
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Determine if the plans are in conformance with the applicable
conditions of approval and the approved tentative map.
Check hydrology and hydraulic calculations, and the design of the
storm drain system in conformance with the City standards.
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 when requested. Coordinate with sewer
and water agencies to ensure plan consistency.
Check stopping sight distance, horizontal radius, and vertical
curves on streets. Coordinate sight distance requirements with
landscape plans.
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 and in
coordination with the City Traffic Engineer.
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 planchecks within the Contractor'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. Provide, upon request, technical information for letters,
agreements, securities, easement documents and agenda bills with
appropriate transmittal information. Submit all plancheck related
documents to the City for the project file.
B. CHECKING GRADING AND EROSION CONTROL PLANS:
Contractor 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 the 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.
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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;
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Final grades shown by contours or spot elevations;
Location of cut and placement or fill (daylight and limit lines
shown on the plan);
Typical lot drainage;
Typical berm or swale at the top of the fill;
Typical brow ditch;
Terrace drains;
Percent of grade of streets and driveway, length of vertical
curves; and
Horizontal and vertical site distance; cross check this with
improvement plans.
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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 for conformance with City Standards.
IO. 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.
13. Check landscape plans for conformance to the grading plans and
for conformance with intersection sight corridors and corner cut-
offs.
14. 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.
15. Provide, upon request, technical information for letters,
agreements, securities, easement documents and agenda bill with
appropriate transmittal information. Submit all plancheck related
documents to the City for the project file.
C. CHECKING FINAL MAPS AND PARCEL MAPS
Contractor shall perform the following:
1. Determine that the map is in conformance with applicable
conditions of approval and the approved tentative map.
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Check that the format is in compliance with the City of Carlsbad
requirements.
Check Title Report and Subdivision Guarantee, and verify that 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.
Check traverse closure for lots, blocks, boundaries and easements
for acceptable closure.
Check all easements to which the lots are subject, including use
and reference if already of record.
Check legal descriptions and plats for any off-site easements;
check ownership against title reports, and prepare deed in
conformance with City format.
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.
Determine that the following certificates and acknowledgments
appear on the title sheet:
a. Owner’s Certificate signed and acknowledged by all parties
having record title interests, including dedications and offers
of 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, acknowledgments,
endorsements, and notarial seals as required.
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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.
IO. 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. Provide, upon request, technical information for letters,
agreements, securities, easement documents, and agenda bills.
Submit all plancheck related documents to the City for the project
file.
D. OTHER PLANCHECKING SERVICES
Contractor may occasionally be requested to perform planchecking
services for projects other than improvements or grading plans or final maps. The work
may include plancheck of Adjustment Plats, Certificates of Compliance, Reversion to
Acreage, or other projects.
E. OTHER SERVICES
Contractor may occasionally be requested to perform other engineering
services including studies, reports, cost estimates, etc. A specific scope of work will be
prepared by City for such work which will be done by Contractor for an agreed upon
not-to-exceed fee unless otherwise agreed to in writing and approved by the City
Engineer.
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2. CITY OBLIGATIONS
A. Upon initial receipt of a request for plancheck, the City shall perform a
preliminary review of the plans to ensure that complete plan packages per the
applicable City submittal checklist are submitted before forwarding them to the
Contractor.
B. Prior or concurrent with forwarding of the plans to the Contractor, City
staff shall raute to each affected department or agency, a complete set of plans and
include the following as a minimum: copy of conforming tentative map or other
discretionary approval, copies of all applicable resolutions showing the conditions of
approval, cost estimate, associated studies, corrected plans and previous checkprints
(during resubmittal). Upon receipt of comments from affected departments or agency,
City staff shall transmit the comments to the Contractor.
C. City shall provide the Contractor with the following documents:
1. A copy of “Title 20: Subdivisions” and “Title 15.16: Grading and
Erosion Control” of the 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
Contractor the following:
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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 Contractor with access, use of City project files, data printouts,
and conference rooms as appropriate.
G. Nothing in this agreement shall be construed to obligate City to provide
any work to the Contractor. City reserves the right, at its sole discretion, to assign plans
for checking to Contractor, to perform planchecks with its own forces, or to assign plans
for checking to another consulting firm.
3. PROGRESS AND COMPLETION
Contractor shall complete planchecks according to the following schedule:
1. First plancheck: complete and return tQ City within fifteen (15)
working days of notice to pick up.
2. Second and third planchecks: complete and return to City within
ten (10) workina days of notice to pick up.
3. Mylar: complete and return to City within five (5) workina days of
notice to pick up.
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Failure to meet the stipulated return times shall result in a 5% reduction in the
payments due for that particular plancheck turnaround, resulting in an equal cost
reduction in the fee due under Exhibit “A for the total plancheck. [Example: First
plancheck turnaround late fee = (TOTAL FEE x 40%) x 95%] penalty would not be
recovered at end of plancheck.
4. FEES TO BE PAID TO CONTRACTOR
The total amount of the fee for planchecking services for each set of plans shall
be as shown in Exhibit “A, Schedule of Fees, dated February 1997, except as
othewise provided for in Section 3.
During each year, beginning July 1, 1997, should Contractor meet return times
on 90% of all plancheck submittals, Contractor shall receive a 5% additional payment
calculated on total billings during the fiscal year.
Fee shall become payable according to the following schedule: First plancheck completed 40% of total fee Second plancheck completed 25% of total fee Third plancheck completed 20% of total fee Plan or map approval and submittal of written certification
* Actual amount may be adjusted so that 100% of total fee based on approved
of plancheck 15%* of total fee
quantities or cost estimates is paid.
Changes in the fee schedule may be submitted by the Contractor to the City
Engineer at the time of contract extension as provided in Section 5., 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
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be paid to Contractor under this contract shall not exceed $200,000 per year unless this
contract is amended.
No other compensation for services will be allowed except for those items
covered by supplemental agreements per Paragraph 8, “Changes in Work.”
5. DURATION OF CONTRACT
This agreement shall extend for a period of one (1) year from date thereof. The
contract 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. The parties shall prepare extensions in writing indicating effective date and
length of the extended contract.
6. PAYMENT OF FEES
On the !jth working day of each month, Contractor shall submit hidher invoice for
work performed during the prior month. Payment of approved items on the invoice shall
be mailed to the Contractor within thirty (30) days after receipt of invoice if received by
the above date.
7. FINAL SUBMISSIONS
Concurrent with certification and approval of the final plancheck, the Contractor
shall deliver to the City the following items:
A. Completed checklists for City file.
B. Complete City file documents.
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8. CHANGES .IN WORK
If, in the course of the contract, changes seem merited by the Contractor or the
City, and informal consultations with the other party indicate that a change in the
conditions of the contract is warranted, the Contractor 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 Contractor or
Contractor by City to inform them of the proposed changes along with a statement of
estimated changes in charges or time schedule. A Standard Amendment to Agreement
shall be prepared by the City and approved by the City according to the procedures
described in Carlsbad Municipal Code Section 3.28.172. Such Amendment to
Agreement shall not render ineffective or invalidate unaffected portions of the
agreement.
9. COVENANTS AGAINST CONTINGENT FEES
The Contractor warrants that their firm has not employed or retained any
company or person, other than a bona fide employee working for the Contractor, to
solicit or secure this agreement, and that Contractor has not paid or agreed to pay any
company or person, other than a bona fide 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,
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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.
10. NONDISCRIMINATION CLAUSE
The Contractor shall comply with the state and federal laws regarding
nondiscrimination.
'l I. TERMINATION OF CONTRACT
In the event of the Contractor's failure to prosecute, deliver, or perform the work
as provided for in this contract, the City Manager may terminate this contract for
nonperformance by notifying the Contractor by certified mail of the termination of the
Contractor. The Contractor, thereupon, has five (5) working days to deliver said
documents owned by the City and all work in progress to the City Engineer. The City
Engineer shall make a determination of fact based upon the documents delivered to
City of the percentage of work which the Contractor 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.
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 Contractor 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 Contractor shall be paid for work performed to the termination date;
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however, the total shall not exceed the lump sum fee payable under Paragraph 4. The
City Manager shall make the final determination as to the portions of tasks completed
and the compensation to be made.
12. 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 Contractor
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 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.
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13. CLAIMS AND LAWSUITS
The Contractor agrees that any contract claim submitted to the City must be
asserted as part of the contract process as set forth in this agreement and not in
anticipation of litigation or in conjunction with litigation. The Contractor acknowledges
that if a false claim is submitted to the City, it may be considered fraud and the
Contractor may be subject to criminal prosecution. The Contractor acknowledges that
California Government Code sections 12650 et sea., the False Claims Act, provides for
civil penalties where a person knowingly submits a false claim to a public entity. These
provisions include false claims made with deliberate ignorance of the false information
or in reckless disregard of the truth or falsity of information. If the City of Carlsbad seeks
to recover penalties pursuant to the False Claims Act, it is entitled to recover its
litigation costs, including attorney's fees. The Contractor acknowledges that the filing of
a false claim may subject the Contractor to an administrative debarment proceeding
wherein the Contractor may be prevented to act as a Contractor on any public work or
improvement for a period of up to five years. The Contractor acknowledges debarment
by another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor
from the selection process. & (Initial)
The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026,
3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference.
&(Initial)
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14. 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 Contractor shall assemble the work product and put same
in order to proper filing and closing and deliver said product to City. In the event of
termination, the Contractor shall be paid for work performed to the termination date;
however, the total shall not exceed the lump sum fee payable under Paragraph 4. The
City shall make the final determination as to the portions of tasks completed and the
compensation to be made.
15. STATUS OF THE CONTRACTOR
The Contractor shall perform the services provided for herein in Contractor's own
way as an independent Contractor and in pursuit of Contractor's independent calling,
and not as an employee of the City. Contractor 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 persons used by the Contractor to provide services under this
agreement shall not be considered employees of the City for any purposes whatsoever.
The Contractor is an independent contractor of the City. The payment made to
the Contractor pursuant to the contract shall be the full and complete compensation to
which the Contractor is entitled. The City shall not make any federal or state tax
withholdings on behalf of the Contractor or hidher employees or subcontractors. The
City shall not be required to pay any workers' compensation insurance or
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unemployment contributions on behalf of the Contractor or hidher employees or
subcontractors. The Contractor agrees to indemnify the City within 30 days for any tax,
retirement contribution, social security, overtime payment, unemployment payment or
workers' compensation payment which the City may be required to make on behalf of
the Contractor or any employee or subcontractor of the Contractor for work done under
this agreement or such indemnification amount may be deducted by the City from any
balance owing to the Contractor.
The Contractor 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 Contractors that are included in this agreement.
16. CONFORMITY TO LEGAL REQUIREMENTS
The Contractor shall cause all drawings and specifications to conform to all
applicable requirements of law: federal, state and local. Contractor shall provide all
necessary supporting documents, to be filed with any agencies whose approval is
necessary.
The City will provide copies of the approved plans to any other agencies.
17. 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,
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specifications, drawings, reports, and studies shall be delivered forthwith to the City.
Contractor shall have the right to make one (1) copy of the plans for hidher records.
18. REPRODUCTION RIGHTS
The Contractor 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.
19. HOLD HARMLESS AGREEMENT
Contractor agrees to indemnify and hold harmless the City of Carlsbad and its
officers, officials, employees and volunteers from and against all claims, damages,
losses and expenses including attorney fees arising out of the performance of the work
described herein caused in whole or in part by any willful misconduct or negligent act or
omission of the Contractor, any subcontractor, anyone directly or indirectly employed by
any of them or anyone for whose acts any of them may be liable, except where caused
by the active negligence, sole negligence, or willful misconduct of the City of Carlsbad.
Contractor shall at its own expense, upon written request by the City, defend any
such suit or action brought against the City, its officers, officials, employees and
volunteers. Contractor’s indemnification of City shall not be limited by any prior or
subsequent declaration by the Contractor.
20. ASSIGNMENT OF CONTRACT
The Contractor shall not assign this contract or any part thereof or any monies
due thereunder without the prior written consent of the City.
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21. SUBCONTRACTING
If the Contractor shall subcontract any of the work to be performed under this
contract by the Contractor, Contractor shall be fully responsible to the City for the acts
and omissions of Contractor's subcontractor and of the persons either directly or
indirectly employed by the subcontractor, as Contractor is for the acts and omissions of
persons directly employed by Contractor. Nothing contained in this contract shall
create any contractual relationship between any subcontractor of Contractor and the
City. The Contractor shall bind every subcontractor and every subcontractor of a
subcontractor by the terms of this contract applicable to Contractor's work unless
specifically noted to the contrary in the subcontract in question approved in writing by
the City.
22. PROHIBITED INTEREST
No official of the City who is authorized in such lcapacity 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.
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23. 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 Contractor to any
additional payment whatsoever under the terms of this contract.
24. SUCCESSORS OR ASSIGNS
Subject to the provisions of Paragraph 19, "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.
25. EFFECTIVE DATE
This agreement shall be effective on and from the day and year first written
above.
26. CONFLICT OF INTEREST
The Contractor shall file a conflict of interest statement with the City Clerk in
accordance with the requirements of the City's conflict of interest code incorporating
Fair Political Practices Commission Regulation 18700 as it defines A Contractor. The
disclosure category shall be categories 1, 3 and 4.
27. INSURANCE
The Contractor shall obtain and maintain for the duration of the contract and any
and all amendments insurance against claims for injuries to persons or damage to
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property which may arise out of or in connection with performance of the work
hereunder by the Contractor, his agents, representatives, employees or subcontractors.
Said insurance shall be obtained from an insurance carrier admitted and authorized to
do business in the State of California. The insurance carrier is required to have a
current Best's Key Rating of not less than "A-:V" and shall meet the City's policy for
insurance as stated in Resolution No. 91-403.
A. Coveraaes and Limits.
Contractor shall maintain the types of coverages and minimum limits
indicated herein, unless a lower amount is approved by the City Attorney or City
Manager:
1. Comprehensive General Liability Insurance. $1,000,000 combined
single-limit per occurrence for bodily injury, personal injury and property damage. If the
submitted policies contain aggregate limits, general aggregate limits shall apply
separately to the work under this contract or the general aggregate shall be twice the
required per occurrence limit.
2. Automobile Liability (if the use of an automobile is involved for
Contractor's work for the City). $1,000,000 combined single-limit per accident for bodily
injury and property damage.
3. Workers' Compensation and Employer's Liability. Workers'
Compensation limits as required by the Labor Code of the State of California and
Employer's Liability limits of $1,000,000 per accident for bodily injury.
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4. Professional Liability. Errors and omissions liability appropriate to
the contractor's profession with limits of not less than $1,000,000 per claim. Coverage
shall be maintained for a period of five years following the date of completion of the
work.
B. Additional Provisions.
Contractor shall ensure that the policies of insurance required under this
agreement contain, or are endorsed to contain, the following provisions.
1. The City shall be named as an additional insured on all policies
excluding Workers' Compensation and Professional Liability.
2. The Contractor shall furnish certificates of insurance to the City
before commencement of work.
3. The Contractor shall obtain occurrence coverage, excluding
Professional Liability which shall be written as claims-made coverage.
4. This insurance shall be in force during the life of the agreement and
any extension thereof and shall not be canceled without 30 days prior written notice to
the City sent by certified mail.
5. If the Contractor fails to maintain any of the insurance coverages
required herein, then the City will have the option to declare the Contractor in breach, or
may purchase replacement insurance or pay the premiums that are due on existing
policies in order that the required coverages may be maintained. The Contractor is
responsible for any payments made by the City to obtain or maintain such insurance
22
rev. 8/26/96
0
and the City may collect the same from the Contractor or deduct the amount paid from
any sums due the Contractor under this agreement.
28. RESPONSIBLE PARTIES
The name of the persons who are authorized to give written notices or to receive
written notice on behalf of the City and on behalf of the Contractor in connection with
the foregoing are as follows: -
For City: Title Citv Enaineer -
Name Lloyd B. Hubbs
Address 2075 Las Palmas Drive
Carlsbad, CA 92009
For Contractor: Title Senior Vice President
Name Byron G. Tobey, Jr.
Address Berryman & Henigar, 11590 W. Bernard0 Ct.
San Diego, CA 92127-1616
Architecfflicense Number:
ArchitecffLicense Number:
RCE #35567
29. BUSINESS LICENSE
Contractor shall obtain and maintain a City of Carlsbad Business License for the
duration of the contract.
30. ENTIRE AGREEMENT
This agreement, together with any other written document referred to or
contemplated herein, embody the entire -agreement and understanding between the
parties relating to the subject matter hereof. Neither this agreement nor any provision
hereof may be amended, modified, w&ed or discharged except by an instrument in
f * k
rev. 8/26/96
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writing executed by the party against which enforcement of such amendment, waiver or
discharge is sought.
Executed by Contractor this 10th day of March ,I9 97 .
CONTRACTOR: CITY OF CARLSBAD, a municipal
BERRYMAN & HENIGAR
By:
En heru
Byron G. Tobey, Jr., Sr. Vice Pres.
(print namehitle) ATTEST:
By: Cfi./>L 2,'j- t-;, l@LL("
(print nameltitle) Sr. Vlce Pres. AL*G~~E
(6ign tferd)
~ary J. Berryman, Secretary/
City Clerk
(Proper notarial acknowledgment of execution by Contractor 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 offider to bind the corporation.)
APPROVED AS TO FORM:
RONALD R. BALL
City
BY - -Beptky City Attorney - Ye?-
rev. 8/26/96
24
0 0 EXHIBIT “A”
SCHEDULE OF FEES
BERRYMAN & HENlGAR
For Plancheck of:
IMPROVEMENT PLANS
Estimated Cost of Improvements Contractor Fee
up to $20,000 $20,001 to $50,000
$100,001 to $250,000
$1,000,001 and above
$50,001 to $1 00,000
$250,001 to $500,000 $500,001 to $1,000,000
GRADING PLANS
Amount
101 Cubic Yards or Less
101 to 1,000 Cubic Yards
1,001 to 10,000 Cubic Yards
10,001 to 100,000 Cubic Yards
100,001 to 200,000 Cubic Yards
200,001 Cubic Yards or More
5.0% $200 minimum 4.0% $1,000 . minimum
3.0% $2,000 minimum 2.5% $3,000 minimum
2.0% $6,250 minimum 1.5% $1 0,000 minimum .75% $15,000 min‘ lmum
- Fee
$1 00
$400 for the first 100 cubic yards
plus $60 for each additional 100 cubic yards or fraction thereof.
$1,000 for the first 1,000 cubic yards plus $60 for each additional 1,000 cubic yards or fraction
thereof.
$1,600 for the first 10,000 cubic yards plus $60 for each additional 10,000 cubic yards or fraction thereof.
$2,400 for the first 100,000 cubic yards plus $60 for each
additional 10,000 cubic yards or fraction thereof.
$3,000 for the first 200,000 cubic yards plus $60 for each additional 100,000 cubic yards or fraction thereof.
Rev. March 1997
25
0 EXHIBIT “A”
(Continued)
Contractor Fee
Final Map
Parcel Map
Adjustment Plat
Certificate of Correction
Dedication of Easement
Street Vacation (Summary)
Street Vacation
Quitclaim of Easement
Construction Change
Certificate of Compliance (in lieu of parcel map)
Certificate of Compliance Parcel
$2,000 plus $5/acre
$1,250
$300
$200
$200
$400
$400
$200
$150 per plan sheet
$1,250
$200
Rev. March 1997
26
CALIFORNIA ALL-PURPO a ACKNOWLEDGMENT 0
La n;&O
On 3-JO- 47 before me, &k?7wt5 3. %2%~bn,; ~oYReY %Wd
personally appeared &gcv d- 'It 3. %acrY YII A KJ
Rpersonally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the pers-
whose namaiske subscribed to the within instrument
and acknowledged to me that he/she/they executed the
same in his/hemr authorized capacity(les2, and that by
his/her/their signature(s) on the instrument the person(s1,
or the entity upon behalf of which the person(s) acted,
executed the instrument.
WITNESS my hand and official seal.
Date Name and TRle of Officer (e.9.. =lane Doe, Notary Public")
Name(?.) of Signer@)
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Number of Pages:
Signer@) Other Than Named Above:
0 Individual
0 Partner - I3 Limited 0 General
0 Attorney-in-Fact 0 Attorney-in-Fact
0 Guardian or Conservator 0 Guardian or Conservator
Signer Is Representing: Signer Is Representing:
0 1994 National Notary Association * 8236 Remrnet Ave.. P.O. Box 7184 - Canqa Park, CA 91309-7184 Prod. No. 5907 Reorder: Call Toll-Free 1-800-1
0 m
AGREEMENT FOR
ENGINEERING PLANCHECKING SERVICES
THIS AGREEMENT, made and entered into as of the 4th day of APRIL 1
1997, by and between the CITY OF CARLSBAD, a municipal corporation, hereinafter
referred to as "City", and ELLORIN CONSULTING ENGINEERS, hereinafter referred
to as "Contractor".
RECITALS
City requires the services of an engineering Contractor 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 Contractor 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 Contractor agree as follows:
I. CONTRACTOR'S OBLIGATIONS
The Contractor 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:
Contractor shall perform the following work for each project:
I. 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.
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2. Determine if the plans are in conformance with the applicable
conditions of approval and the approved tentative map.
3. Check hydrology and hydraulic calculations, and the design of the
storm drain system in conformance with the City standards.
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 when requested. Coordinate with sewer
and water agencies to ensure plan consistency.
8. Check stopping sight distance, horizontal radius, and vertical
curves on streets. Coordinate sight distance requirements with
landscape plans.
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.
IO. 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 and in
coordination with the City Traffic Engineer.
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.
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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 planchecks within the Contractor’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. Provide, upon request, technical information for letters,
agreements, securities, easement documents and agenda bills with
appropriate transmittal information. Submit all plancheck related
documents to the City for the project file.
B. CHECKING GRADING AND EROSION CONTROL PLANS:
Contractor 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 the 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.
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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;
I. Typical berm or swale at the top of the fill;
j. Typical brow ditch;
k. Terrace drains;
I. Percent of grade of streets and driveway, length of vertical
curves; and
m. Horizontal and vertical site distance; cross check this with
improvement plans.
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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 for conformance with City Standards.
IO. 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.
13. Check landscape plans for conformance to the grading plans and
for conformance with intersection sight corridors and corner cut-
offs.
14. 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.
15. Provide, upon request, technical information for letters,
agreements, securities, easement documents and agenda bill with
appropriate transmittal information. Submit all plancheck related
documents to the City for the project file.
C. CHECKING FINAL MAPS AND PARCEL MAPS
Contractor shall perform the following:
1. Determine that the map is in conformance with applicable
conditions of approval and the approved tentative map.
rev. 8/26/96
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2. Check that the format is in compliance with the City of Carlsbad
requirements.
3. Check Title Report and Subdivision Guarantee, and verify that 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.
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 acknowledgments
appear on the title sheet:
a. Owner’s Certificate signed and acknowledged by all parties
having record title interests, including dedications and offers
of dedications;
b. Engineer’s or Surveyor’s Statement;
c. City Engineer’s Statement of Approval;
d. City Clerks Certificate of Approval by City Council and
Acceptance of Offer of Dedication; and
e. Such other affidavits, certificates, acknowledgments,
endorsements, and notarial seals as required.
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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.
IO. 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. Provide, upon request, technical information for letters,
agreements, securities, easement documents, and agenda bills.
Submit all plancheck related documents to the City for the project
file.
D. OTHER PLANCHECKING SERVICES
Contractor may occasionally be requested to perform planchecking
services for projects other than improvements or grading plans or final maps. The work
may include plancheck of Adjustment Plats, Certificates of Compliance, Reversion to
Acreage, or other projects.
E. OTHER SERVICES
Contractor may occasionally be requested to perform other engineering
services including studies, reports, cost estimates, etc. A specific scope of work will be
prepared by City for such work which will be done by Contractor for an agreed upon
not-to-exceed fee unless otherwise agreed to in writing and approved by the City
Engineer.
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2. CITY OBLIGATIONS
A. Upon initial receipt of a request for plancheck, the City shall perform a
preliminary review of the plans to ensure that complete plan packages per the
applicable City submittal checklist are submitted before forwarding them to the
Contractor.
B. Prior or concurrent with forwarding of the plans to the Contractor, City
staff shall route to each affected department or agency, a complete set of plans and
include the following as a minimum: copy of conforming tentative map or other
discretionary approval, copies of all applicable resolutions showing the conditions of
approval, cost estimate, associated studies, corrected plans and previous checkprints
(during resubmittal). Upon receipt of comments from affected departments or agency,
City staff shall transmit the comments to the Contractor.
C. City shall provide the Contractor with the following documents:
1. A copy of “Title 20: Subdivisions’’ and “Title 15.16: Grading and
Erosion Control” of the 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
Contractor the following:
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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 andlor any other discretionary approval applicable.
E. Collect the necessary fees, securities and deposits required for the project
from the applicant.
F. Provide Contractor with access, use of City project files, data printouts,
and conference rooms as appropriate.
G. Nothing in this agreement shall be construed to obligate City to' provide
any work to the Contractor. City reserves the right, at its sole discretion, to assign plans
for checking to Contractor, to perform planchecks with its own forces, or to assign plans
for checking to another consulting firm.
3. PROGRESS AND COMPLETION
Contractor shall complete planchecks according to the following schedule:
1. First plancheck: complete and return to City within fifteen (15)
workina days of notice to pick up.
2. Second and third planchecks: complete and return to City within
ten (IO) workina days of notice to pick up.
3. Mylar: complete and return to City within five (5) working days of
notice to pick up.
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Failure to meet the stipulated return times shall result in a 5% reduction in the
payments due for that particular plancheck turnaround, resulting in an equal cost
reduction in the fee due under Exhibit “A for the total plancheck. [Example: First
plancheck turnaround late fee = (TOTAL FEE x 40%) x 95%] penalty would not be
recovered at end of plancheck.
4. FEES TO BE PAID TO CONTRACTOR
The total amount of the fee for planchecking services for each set of plans shall
be as shown in Exhibit “A, Schedule of Fees, dated February 1997, except as
otherwise provided for in Section 3.
During each year, beginning July 1, 1997, should Contractor meet return times
on 90% of all plancheck submittals, Contractor shall receive a 5% additional payment
calculated on total billings during the fiscal year.
Fee shall become payable according to the following schedule: First plancheck completed 40% of total fee Second plancheck completed 25% of total fee Third plancheck completed 20% of total fee Plan or map approval & submittal of written certification of plancheck 15%* of total fee
* Actual amount may be adjusted so that 100% of total fee based on approved quantities or cost estimates is paid.
Changes in the fee schedule may be submitted by the Contractor to the City
Engineer at the time of contract extension as provided in Section 5., 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
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be paid to Contractor under this contract shall not exceed $200,000 per year unless this
contract is amended.
No other compensation for services will be allowed except for those items
covered by supplemental agreements per Paragraph 8, “Changes in Work.”
5. DURATION OF CONTRACT
This agreement shall extend for a period of one (1) year from date thereof. The
contract may be extended by the City Manager for three (3) additional one (I) year
periods or parts thereof, based upon a review of satisfactory performance and the City’s
needs. The parties shall prepare extensions in writing indicating effective date and
length of the extended contract.
6. PAYMENT OF FEES
On the 5‘h working day of each month, Contractor shall submit hidher invoice for
work performed during the prior month. Payment of approved items on the invoice shall
be mailed to the Contractor within thirty (30) days after receipt of invoice if received by
the above date.
7. FINAL SUBMISSIONS
Concurrent with certification and approval of the final plancheck, the Contractor
shall deliver to the City the following items:
A. Completed checklists for City file.
B. Complete City file documents.
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8. CHANGES IN WORK
If, in the course of the contract, changes seem merited by the Contractor or the
City, and informal consultations with the other party indicate that a change in the
conditions of the contract is warranted, the Contractor 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 Contractor or
Contractor by City to inform them of the proposed changes along with a statement of
estimated changes in charges or time schedule. A Standard Amendment to Agreement
shall be prepared by the City and approved by the City according to the procedures
described in Carlsbad Municipal Code Section 3.28.172. Such Amendment to
Agreement shall not render ineffective or invalidate unaffected portions of the
agreement.
9. COVENANTS AGAINST CONTINGENT FEES
The Contractor warrants that their firm has not employed or retained any
company or person, other than a bona fide employee working for the Contractor, to
solicit or secure this agreement, and that Contractor has not paid or agreed to pay any
company or person, other than a bona fide 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,
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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.
10. NONDISCRIMINATION CLAUSE
The Contractor shall comply with the state and federal laws regarding
nondiscrimination.
11. TERMINATION OF CONTRACT
In the event of the Contractor's failure to prosecute, deliver, or perform the work
as provided for in this contract, the City Manager may terminate this contract for
nonperformance by notifying the Contractor by certified mail of the termination of the
Contractor. The Contractor, thereupon, has five (5) working days to deliver said
documents owned by the City and all work in progress to the City Engineer. The City
Engineer shall make a determination of fact based upon the documents delivered to
City of the percentage of work which the Contractor 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.
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 Contractor 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 Contractor shall be paid for work performed to the termination date;
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however, the total shall not exceed the lump sum fee payable under Paragraph 4. The
City Manager shall make the final determination as to the portions of tasks completed
and the compensation to be made.
12. 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 Contractor
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 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.
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13. CLAIMS AND LAWSUITS
The Contractor agrees that any contract claim submitted to the City must be
asserted as part of the contract process as set forth in this agreement and not in
anticipation of litigation or in conjunction with litigation. The Contractor acknowledges
that if a false claim is submitted to the City, it may be considered fraud and the
Contractor may be subject to criminal prosecution. The Contractor acknowledges that
California Government Code sections 12650 et sea., the False Claims Act, provides for
civil penalties where a person knowingly submits a false claim to a public entity. These
provisions include false claims made with deliberate ignorance of the false information
or in reckless disregard of the truth or falsity of information. If the City of Carlsbad seeks
to recover penalties pursuant to the False Claims Act, it is entitled to recover its
litigation costs, including attorney's fees. The Contractor acknowledges that the filing of
a false claim may subject the Contractor to an administrative debarment proceeding
wherein the Contractor may be prevented to act as a Contractor on any public work or
improvement for a period of up to five years. The Contractor acknowledges debarment
by another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor
from the selection process. TGnitial)
The provisions of C rlsbad Municipal Code sections 3.32.025, 3.32.026,
3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference.
plnitial)
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14. 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 Contractor shall assemble the work product and put same
in order to proper filing and closing and deliver said product to City. In the event of
termination, the Contractor shall be paid for work performed to the termination date;
however, the total shall not exceed the lump sum fee payable under Paragraph 4. The
City shall make the final determination as to the portions of tasks completed and the
compensation to be made.
15. STATUS OF THE CONTRACTOR
The Contractor shall perform the services provided for herein in Contractor's own
way as an independent Contractor and in pursuit of Contractor's independent calling,
and not as an employee of the City. Contractor 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 persons used by the Contractor to provide services under this
agreement shall not be considered employees of the City for any purposes whatsoever.
The Contractor is an independent contractor of the City. The payment made to
the Contractor pursuant to the contract shall be the full and complete compensation to
which the Contractor is entitled. The City shall not make any federal or state tax
withholdings on behalf of the Contractor or hidher employees or subcontractors. The
City shall not be required to pay any workers' compensation insurance or
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unemployment contributions on behalf of the Contractor or his/her employees or
subcontractors. The Contractor agrees to indemnify the City within 30 days for any tax,
retirement contribution, social security, overtime payment, unemployment payment or
workers' compensation payment which the City may be required to make on behalf of
the Contractor or any employee or subcontractor of the Contractor for work done under
this agreement or such indemnification amount may be deducted by the City from any
balance owing to the Contractor.
The Contractor 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 Contractors that are included in this agreement.
16. CONFORMITY TO LEGAL REQUIREMENTS
The Contractor shall cause all drawings and specifications to conform to all
applicable requirements of law: federal, state and local. Contractor shall provide all
necessary supporting documents, to be filed with any agencies whose approval is
necessary.
The City will provide copies of the approved plans to any other agencies.
17. 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,
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specifications, drawings, reports, and studies shall be delivered forthwith to the City.
Contractor shall have the right to make one (1) copy of the plans for hidher records.
18. REPRODUCTION RIGHTS
The Contractor 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.
19. HOLD HARMLESS AGREEMENT
Contractor agrees to indemnify and hold harmless the City of Carlsbad and its
officers, officials, employees and volunteers from and against all claims, damages,
losses and expenses including attorney fees arising out of the performance of the work
described herein caused in whole or in part by any willful misconduct or negligent act or
omission of the Contractor, any subcontractor, anyone directly or indirectly employed by
any of them or anyone for whose acts any of them may be liable, except where caused
by the active negligence, sole negligence, or willful misconduct of the City of Carlsbad.
Contractor shall at its own expense, upon written request by the City, defend any
such suit or action brought against the City, its officers, officials, employees and
volunteers. Contractor’s indemnification of City shall not be limited by any prior or
subsequent declaration by the Contractor.
20. ASSIGNMENT OF CONTRACT
The Contractor shall not assign this contract or any part thereof or any monies
due thereunder without the prior written consent of the City.
rev. 8/26/96
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21. SUBCONTRACTING
If the Contractor shall subcontract any of the work to be performed under this
contract by the Contractor, Contractor shall be fully responsible to the City for the acts
and omissions of Contractor's subcontractor and of the persons either directly or
indirectly employed by the subcontractor, as Contractor is for the acts and omissions of
persons directly employed by Contractor. Nothing contained in this contract shall
create any contractual relationship between any subcontractor of Contractor and the
City. The Contractor shall bind every subcontractor and every subcontractor of a
subcontractor by the terms of this contract applicable to Contractor's work unless
specifically noted to the contrary in the subcontract in question approved in writing by
the City.
22. 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.
rev. 8/26/96
19
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23. 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 Contractor to any
additional payment whatsoever under the terms of this contract.
24. SUCCESSORS OR ASSIGNS
Subject to the provisions of Paragraph 19, "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.
25. EFFECTIVE DATE
This agreement shall be effective on and from the day and year first written
above.
26. CONFLICT OF INTEREST
The Contractor shall file a conflict of interest statement with the City Clerk in
accordance with the requirements of the City's conflict of interest code incorporating
Fair Political Practices Commission Regulation 18700 as it defines A Contractor. The
disclosure category shall be categories 1, 3 and 4.
27. INSURANCE
The Contractor shall obtain and maintain for the duration of the contract and any
and all amendments insurance against claims for injuries to persons or damage to
rev. 8/26/96
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property which may arise out of or in connection with performance of the work
hereunder by the Contractor, his agents, representatives, employees or subcontractors.
Said insurance shall be obtained from an insurance carrier admitted and authorized to
do business in the State of California. The insurance carrier is required to have a
current Best's Key Rating of not less than "A-:VI' and shall meet the City's policy for
insurance as stated in Resolution No. 91-403.
A. Coveraaes and Limits.
Contractor shall maintain the types of coverages and minimum limits
indicated herein, unless a lower amount is approved by the City Attorney or City
Manager:
I. Comprehensive General Liability Insurance. $1,000,000 combined
single-limit per occurrence for bodily injury, personal injury and property damage. If the
submitted policies contain aggregate limits, general aggregate limits shall apply
separately to the work under this contract or the general aggregate shall be twice the
required per occurrence limit.
2. Automobile Liability (if the use of an automobile is involved for
Contractor's work for the City). $1,000,000 combined single-limit per accident for bodily
injury and property damage.
3. Workers' Compensation and Employer's Liability. Workers'
Compensation limits as required by the Labor Code of the State of California and
Employer's Liability limits of $1,000,000 per accident for bodily injury.
rev. 8/26/96
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4. Professional Liability. Errors and omissions liability appropriate to
the contractor's profession with limits of not less than $1,000,000 per claim. Coverage
shall be maintained for a period of five years following the date of completion of the
work.
6. Additional Provisions.
Contractor shall ensure that the policies of insurance required under this
agreement contain, or are endorsed to contain, the following provisions.
1. The City shall be named as an additional insured on all policies
excluding Workers' Compensation and Professional Liability.
2. The Contractor shall furnish certificates of insurance to the City
before commencement of work.
3. The Contractor shall obtain occurrence coverage, excluding
Professional Liability which shall be written as claims-made coverage.
4. This insurance shall be in force during the life of the agreement and
any extension thereof and shall not be canceled without 30 days prior written notice to
the City sent by certified mail.
5. If the Contractor fails to maintain any of the insurance coverages
required herein, then the City will have the option to declare the Contractor in breach, or
may purchase replacement insurance or pay the premiums that are due on existing
policies in order that the required coverages may be maintained. The Contractor is
responsible for any payments made by the City to obtain or maintain such insurance
rev. 8/26/96
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and the City may collect the same from the Contractor or deduct the amount paid from
any sums due the Contractor under this agreement.
28. RESPONSIBLE PARTIES
The name of the persons who are authorized to give written notices or to receive
written notice on behalf of the City and on behalf of the Contractor in connection with
the foregoing are as follows:
For City:
For Contractor:
Title Citv Engineer -
Name Lloyd B. Hubbs
Address 2075 Las Palmas Drive
Carlsbad, CA 92009
Title ?&lh)cIpRL
Name 6. €%U,FLd
Address oyc WQCt VitS7k DE- #=LO6 sw ~p(A@S:, c4 w&q
ArchitecVLicense Number: 363q'3
ArchitecVLicense Number: t I
29. BUSINESS LICENSE
Contractor shall obtain and maintain a City of Carlsbad Business License for the
duration of the contract.
30. ENTIRE AGREEMENT
This agreement, together with any other written document referred to or
contemplated herein, embody the entire agreement and understanding between the
parties relating to the subject matter hereof. Neither this agreement nor any provision
hereof may be amended, modified, waived or discharged except by an instrument in
rev. 8/26/96
23
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writing executed by the party against which enforcement of such amendment, waiver or
discharge is sought.
Executed by Contractor this /a& day of 44 rt,A ,199+
CONTRACTOR: CITY OF CARLSBAD, a municipal
By: t.)lpr
(sign hde)
d/f+ ALETHA L. RAU’TE
(print nameltitlel) City Clerk
(Proper notarial acknowledgment of execution by Contractor must be attached.)
(President or vice-president and secretary or assistant secretary must sign for corporations. If only one
officer signs, the corporation must attad a resolution certified by the secretary or assistant secretary
under corporate seal empowering that officer to bind the corporation.)
APPROVED AS TO FORM:
RONALD R. BALL
City eY
BY ndRL
rev. 8/26/96
24
D e e EXHIBIT “A”
SCHEDULE OF FEES
ELLORIN CONSULTING ENGINEERS
For Plancheck of:
IMPROVEMENT PLANS
Estimated Cost of lmmovements Contractor Fee
up to $20,000 $20,001 to $50,000 $50,001 to $1 00,000 $1 00,001 to $250,000 $250,001 to $500,000 $500,001 to $1,000,000 $1,000,001 and above
5.0% $200 minimum 4.0% $1,000 minimum
3.0% $2,000 minimum 2.5% $3,000 minimum
2.0% $6,250 minimum 1.5% $1 0,000 minimum .75% $1 5,000 minimum
GRADING PLANS
Amount
101 Cubic Yards or Less
101 to 1,000 Cubic Yards
1,001 to 10,000 Cubic Yards
10,001 to 100,000 Cubic Yards
100,001 to 200,000 Cubic Yards
200,001 Cubic Yards or More
- Fee
$1 00
$400 for the first 100 cubic yards plus $60 for each additional 100 cubic yards or fraction thereof.
$1,000 for the first 1,000 cubic yards plus $60 for each additional 1,000 cubic yards or fraction thereof.
$1,600 for the first 10,000 cubic yards plus $60 for each additional 10,000 cubic yards or fraction thereof.
$2,400 for the first 100,000 cubic yards plus $60 for each additional 10,000 cubic yards or fraction thereof.
$3,000 for the first 200,000 cubic yards plus $60 for each additional 100,000 cubic yards or fraction thereof.
Rev. March I997
25
D e e
EXHIBIT “Ayy
(Continued)
Contractor Fee
Final Map $2,000 plus $5/acre Parcel Map $1,250 Adjustment Plat $300 Certificate of Correction $200 Dedication of Easement $200
Street Vacation (Summary) $400 Street Vacation $400
Quitclaim of Easement $200 Construction Change $150 per plan sheet Certificate of Compliance (in lieu of parcel map) $1,250 Certificate of Compliance Parcel $200
Rev. March 1997
26
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CALIFORNIA ALL-PURPOb t ACKNOWLEDGMENT e
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3 personally known to me - OR - .L roved to w ba sis of satisfactory evidence to be the person 7F whose namewsmubscribed to the within instrument -%
and acknowledged to me that he/s&dtbyexecuted the
same in his- authorized capacityfre4frand that by
his/kHbewsignatur-n the instrument the persow
or the entity upon behalf of which the personicted,
executed the instrument.
WITNESS my hand and official seal.
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: R@m ad" %r &qWeri I k.nch&&rviu
Document Date: fd6rcA '\a b \ qyb% Number of Pages: +b"
Signer(s) Other Than Named Above: c
Capacity(ies) Claimed by Signer@) - b . ILL0y.i fi 1 Signer's Name:
F ndividual
Corporate Officer
Title(s):
D Partner - C Limited 3 General
3 Attorney-in-Fact E Trustee C Guardian or Conservator
0 Other:
g Individual
L Corporate Officer
Title(s):
0 Partner - 3 Limited 0 General
3 Attorney-in-Fact
3 Trustee-
G Guardian or Conservator
El Other: I Top of thumb here I "- I I I /I I I
Signer Is Representing: J -u Signer Is Representing:
El\OTi\\ GfiSdhj EN\sl\ \leek 5 - -
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@ 1995 Natmal Notary Associatm 8236 Remmet Ave.. P.O. Box 71W. Canoga Park, CA 91309-7184 Prod. No. 5907 Reorder: Call Toll-Free 1-800-871