HomeMy WebLinkAboutAGENDA REPORT 2005 0615 CC REG ITEM 10NMOORPARK CITY COUNCIL
AGENDA REPORT
TO: Honorable City Council
n
FROM: Brad Miller, City Engineer,;
DATE: May 27, 2005 (CC Meeting of 6/15/05)
ITEM 1 O• N.
CI'T'Y OF M0014PARK, CALIFORNIA
City Council Meeting
of
ACTION: /2-4 ,o7..-
SUBJECT: Consider Approval of Amended Agreement for City
Engineering Services with Charles Abbott Associates,
Inc.
BACKGROUND
Attached is a copy of the proposed amended agreement. It is
generally the same as the current agreement for City Engineering
Services, with certain modifications to bring the contract up to
date. The more significant adjustments include the following:
1. A monthly retainer is no longer provided. Those tasks
considered routine components of Municipal Engineering are
now included with other various revenue generating
services, or are addressed as additional service items to
be provided on an as needed basis, and compensated at an
hourly rate. The monthly retainer fee terminated in
April, 2005, resulting in a reduction in cost of service
during fiscal year 2004 -05 of $9,834.00. In addition,
there is an accumulated credit of $151,256.00 in unused
meeting appearances included in the retainer fee. This
credit is available to pay for additional engineering
services.
2. Land Development Review has been changed from 12% of the
Community Development application fee, to a per
application Engineering charge consistent with the
schedule of fees adopted by the City Council, with a
mechanism that allows additional compensation for larger
projects, when deemed appropriate by the City Engineer.
3. With the appointment of a City Engineer on Moorpark staff,
the title of Assistant City Engineer has been assigned to
000,319
Honorable City Council
June 15, 2005
Page 2
Mr. Rusty Reed, or his designee in responsible charge, in
the Charles Abbott Associates, Inc. office.
4. The address for Charles Abbott Associates, Inc. is now
indicated to be the Torrance, CA office.
5. With the appointment of a City Engineer on Moorpark staff,
representatives of Charles Abbott Associates, Inc. will
attend Planning Commission and City Council Meetings only
when requested.
6. The hourly rate schedule shall be eligible for review and
consideration for adjustment on November 1, 2005, and each
subsequent November 1.
If approved, services under the Amended Agreement will
officially begin Tuesday, July 5, 2005.
STAFF RECOMMENDATION
Approve Amended Agreement, subject to final language approval of
City Manager and City Attorney, and authorize the Mayor to sign
on behalf of the City.
Attachments:
1. Agreement For City Engineering Services
000'320
AGREEMENT FOR ENGINEERING SERVICES
THIS AGREEMENT, made and entered into this - -- day of
-- - - - - -, 2005, by and between the City of Moorpark, a Municipal
Corporation located in the County of Ventura, State of
California, hereinafter referred to as "CITY" and Charles
Abbott Associates, Inc., a California Corporation,
hereinafter referred to as "CONSULTING ENGINEER."
WITNESSETH
WHEREAS, CITY has the need for certain municipal engineering
services; and
WHEREAS, CITY desires to contract for such services with
a private consultant in anticipation that said private
consultant can provide such services in a manner acceptable
to the CITY; and
WHEREAS, the CONSULTING ENGINEER is experienced in providing such
services for municipal corporations and is able to provide
personnel with the proper experience and background to carry
out the duties involved; and
WHEREAS, this Agreement supersedes the Agreement for City
Engineering Services between the City of Moorpark and Charles
Abbott Associates, Inc.,(CAA), dated March 1, 1991 and any
amendments thereto; and
WHEREAS, CITY wishes to retain the CONSULTING ENGINEER for the
performance of said services;
NOW, THEREFORE, in consideration of the mutual
covenants, benefits and premises herein stated, the parties
hereto agree as follows:
CITY does hereby appoint CONSULTING ENGINEER in a contractual
capacity to perform certain functions of a municipal engineering
office, and to perform the services in accordance with the terms
and conditions hereinafter set forth in Exhibit "A"; with the
authorities and responsibilities hereby assigned by the
City Engineer.
I. COMPENSATION TO CONSULTING ENGINEER
The fees in full Compensation to the CONSULTING ENGINEER for the
services rendered shall be as follows:
A. General Services
For the services set forth in Exhibit "A ", Section
A, these functions shall be provided at no cost except those items
of work determined by the City Engineer to encompass a level of
effort necessitating additional compensation. Such items of work
shall be authorized by a written Additional Services Authorization,
(ASA) .
B. Plan and Map Checking (Review)
For services provided as described in Exhibit "A ",
Section B, a seventy percent (70 %) fixed fee, of
the then current fees collected by the CITY.
Progress payments shall be made accordingly:
Fifty percent (50 %) of fee upon completion of the
first plan check review; an additional twenty -five
percent (25 %) upon completion of the second plan
check review; an additional twenty -five percent
(25 %) upon completion of the FINAL plan check
review and signed approval by the City Engineer.
C. Land Development Review
For services as described in Exhibit "A ", Section
C, review and conditioning of tentative maps,
development plans, general plan amendments, zone
changes and similar projects will be provided for a fee consistent
with the schedule of fees adopted by the Moorpark City Council.
For projects requiring special, hydrological, geological, or extra
traffic engineering or other analysis beyond the usual review,
the Consulting Engineer shall
receive additional compensation for actual cost
for preparation or review of such analysis. For
such service, the Consulting Engineer shall provide City with
a quotation and shall not proceed until written
approval is granted. Determination on whether a
project requires special or extra traffic
engineering analysis shall be made by the City Engineer
after consultation with the Community Development Director.
The environmental checklist for a project will be used
as a guide on this determination. The services
provided by the Consulting Engineer pursuant to this
Paragraph C. shall be performed in a timely manner
to allow City compliance with the processing
requirements of the Permit Streamlining Act.
D. Public Works Encroachment Permits
For services provided in Exhibit "A ", Section D,
processing and issuance of public works
encroachment permits, a seventy percent (70 %)
fixed fee, of the then current fees collected by
the CITY. Payment is to be made based upon the
fees collected during each calendar month.
E. Land Development Inspection (Construction
Observation)
For services provided as described in Exhibit "A ",
Section E, a seventy percent (70 %) fixed fee, of
the then current fees collected by the CITY.
Progress payments shall be made according to the
then current hourly fee schedule, not to exceed 95
percent of the total fee, until recommendation of
final acceptance of the project is made by the
Consulting Engineer to the City Engineer, at which time the
remainder of the fixed fee shall be paid.
F. The Hourly Rates of the CONSULTING ENGINEER shall be as
provided in Exhibit "B ".
The hourly fee rates for services provided pursuant to
Paragraphs C., D., E., and F.
of this Agreement shall be those contained in
Exhibit "B ". Said rates may be adjusted November
1, 2005 and each subsequent November 1 as follows:
The CONSULTING ENGINEER shall notify the CITY in writing at least
forty -five (45) days prior to November 1 of the
proposed changes in said hourly rates. The
proposed change shall not exceed the lesser of
seven percent (7%) or the change to the Consumer
Price Index, using the U.S. City Average for All
Urban Consumers All Items Indexes for the previous
12 month period (August to previous August). Said
changes consistent with the above limits shall
become effective November 1 unless CITY notifies
the CONSULTING ENGINEER in writing of its rejection of the
intended changes in hourly rates. Said hourly
rates may not be increased more often than once in
any twelve month period. Proposed changes in
excess of the above limits must be requested in
writing at least forty -five (45) days prior to the
proposed effective date and requires a decision of
the City Council to approve, deny or modify said
changes in rates.
G. Payment to the CONSULTING ENGINEER shall be made by CITY
within thirty (30) days of receipt of invoice, except for
those which are contested /questioned and are
returned by CITY, with written explanation within
thirty (30) days of receipt of invoice.
II. TERMINATION
This Agreement may be terminated by the CONSULTING ENGINEER only by
providing CITY with written notice no less than ninety (90)
days in advance of such termination. This Agreement may be
terminated with or without cause by CITY at any time with no
less than thirty (30) days written notice of such
termination. In the event of such termination, the CONSULTING
ENGINEER shall be compensated for such services up to the date of
termination. Such compensation for work in progress would be
pro -rated as to the percentage of progress completed at the
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date of termination.
III. GENERAL CONDITIONS
A. The CONSULTING ENGINEER shall provide no services for any
private client who has a project which is subject to
review or inspection by the CITY during the period
that this Agreement is in effect. The CONSULTING
ENGINEER agrees to advise CITY in writing of potential
services to be provided to public agency and /or utility
clients within the corporate boundaries of the
CITY and /or the CITY'S Sphere of Influence and /or
Area of Interest before submitting any proposal to
perform such services and prior to proceeding with
any such services.
B. CITY shall not be called upon to assume any
liability for the payment of any salary, wage or
other compensation to any person employed by
the CONSULTING ENGINEER performing services hereunder for CITY.
C. The CONSULTING ENGINEER is and shall at all times remain as
to the CITY a wholly independent contractor.
Neither the CITY nor any of its officers,
employees or agents shall have control over the
conduct of the CONSULTING ENGINEER or any of the CONSULTING
ENGINEER'S officers, employees or agents, except as herein
set forth. The CONSULTING ENGINEER shall not at any time or
in any manner represent that it or any of its
officers, employees or agents are in any manner
employees of the CITY. Nothing contained in this
Agreement shall be deemed, construed or
represented by the CITY or the CONSULTING ENGINEER or by any
third person to create the relationship of
principal or agent, or of a partnership, or of a
joint venture, or of any other association of any
kind or nature between the CITY and the CONSULTING ENGINEER.
D. In the event of termination of this Agreement, all
original documents, plans, designs, drawings, inspection
reports, logs, diskettes, computer files, notes
and other related materials prepared or obtained
in the course of providing the services to be
performed pursuant to this Agreement shall become
the sole property of the CITY. Upon written
request from the CITY, the CONSULTING ENGINEER shall deliver
in good condition and in a manner prescribed by
the CITY all such property within 10 working days
of the request.
E. The CONSULTING ENGINEER shall hold harmless, indemnify and
defend the CITY and its officers, employees, servants and
agents serving as independent contractors serving
in the role of City Manager, City Clerk, Director of Community
Development, Director of Public works, City Engineer, or City
Attorney from any claim, demand, damage,
liability, loss, cost or expense, for any damage
whatsoever, including but not limited to death or
injury to any person and injury to any property
resulting from the misconduct, negligent acts,
errors or omissions of the CONSULTING ENGINEER or any of its
officers and employees in the performance of this
Agreement, except such damage as is caused by the
negligence of the CITY or any of its officers,
employees, servants or agents.
The CITY does not, and shall not, waive any rights
that it may have against the CONSULTING ENGINEER by reason of
this Paragraph E, because of the acceptance by the
CITY, or the deposit with the CITY, of any
insurance policy or certificate required pursuant
to this Agreement. Said hold harmless and
indemnification provision shall apply regardless
of whether or not said insurance policies are
determined to be applicable to the claim, demand,
damage, liability, loss, cost or expense described
in Paragraph E hereof.
F. The CONSULTING ENGINEER shall secure from a good and
responsible company or companies doing insurance
business in the State of California, pay for, and
maintain in full force and effect for the duration
of this Agreement the policies of insurance
required by this Article and shall furnish to the
City Clerk of the City certificates of said
insurance on or before the commencement of the
term of this Agreement. Notwithstanding any
inconsistent statement in any of said policies or
any subsequent endorsement attached thereto, the
protection offered by the policies shall;
1. Name the CITY and its officers, employees,
servants and agents serving as independent
contractors in the role of City Manager, City Clerk,
Director of Community Development, Director of Public Works, City
Engineer, or City Attorney, as additional insured with
the CONSULTING ENGINEER.
2. Insure the CITY and its officers, employees,
servants and agents serving as independent
contractors in the role of City Manager, City Clerk,
Director of Community Development, Director of Public Works,
City Engineer or City Attorney, while acting in the scope of their
duties under this Agreement against all
claims, demands, damages, liabilities,
losses, costs or expenses arising from, or in
any way connected with, the performance of
this Agreement by the CONSULTING ENGINEER or the CITY.
3. Bear an endorsement or have attached a rider
whereby it is provided that, in the event of
cancellation or amendment of such policy for
any reason whatsoever, the CITY shall be
notified by mail, postage prepaid, not less
00C3�,�
than thirty (30) days before the cancellation
or amendment is effective. The CONSULTING ENGINEER shall
give CITY thirty (30) days written notice
prior to the expiration of such policy.
4. Be written on an occurrence basis unless a
Claims Made policy is approved in writing by
the CITY. If a Claims Made Basis policy is
approved by the CITY, The CONSULTING ENGINEER shall provide
total coverage for any claim that may be
filed pursuant to statute or court action
after expiration of the Claims Made Basis
policy in an amount consistent with the
provisions of Paragraphs G. and H.
G. Consistent with the provisions of Paragraph F,
the CONSULTING ENGINEER shall provide general public liability
including automobile liability and property damage
insurance in an amount not less than Two Million
Dollars ($2,000,000.00) per occurrence and annual
aggregate.
H. Consistent with the provisions of Paragraph F.2
and F.3, the CONSULTING ENGINEER shall provide professional
liability insurance in an amount not less than One
Million Dollars ($1,000,000.00) per occurrence and
annual aggregate. In the event the amount of
professional liability insurance provided to
another public agency client of the CONSULTING ENGINEER is more
than One Million Dollars ($1,000,000.00), this
same coverage shall be extended to CITY so long as
it can be provided at no additional cost to
the CONSULTING ENGINEER. The CONSULTING ENGINEER shall give CITY
thirty (30)days written notice of intent to provide
professional liability insurance in excess of One
Million Dollars ($1,000,000.00) to another public
agency client and offer the same coverage to CITY
at CITY'S expense.
I. Consistent with the provisions of this Agreement,
the CONSULTING ENGINEER shall provide workers' compensation
insurance as required by the California Labor
Code. If any class of employees engaged by the
ENGINEER in work under this Agreement is not
protected by the workers' compensation law, the
CONSULTING ENGINEER shall provide adequate insurance for the
protection of such employees to the satisfaction
of the CITY.
J. The CONSULTING ENGINEER shall not assign this Agreement, or
any of the rights, duties or obligations
hereunder. It is understood and acknowledged by
the parties that the CONSULTING ENGINEER is uniquely
qualified to perform the services provided for in
this Agreement.
K. The CONSULTING ENGINEER will provide a Moorpark telephone
number to allow calls to their Torrance office
at no charge to the calling party for calls from
the Moorpark area. The CONSULTING ENGINEER will pay for the
installation and monthly costs for this service.
CITY may cancel this service at any time.
The CONSULTING ENGINEER may cancel the service only with the
concurrence of the CITY.
L. The CONSULTING ENGINEER shall provide at its own expense for
the duration of this Agreement, office space within
the corporate boundaries of Moorpark at a location
and size acceptable to CITY to insure convenient
service to the public. The CONSULTING ENGINEER shall also
furnish the office at its sole expense, including
all necessary typical business office equipment
including but not limited to filing cabinets,
telephone, desks, chairs and computer hardware and
software. In the event CITY, at its sole
discretion, decides to provide office space to
the CONSULTING ENGINEER at City Hall or other CITY owned or
leased facilities, the CONSULTING ENGINEER shall rent from the
CITY an approximate 960 square foot area at the
same rate at which the CONSULTING ENGINEER is then paying to rent
or lease the office space referenced above. CITY
shall provide no less than one hundred eighty
(180) days written notice of its intent to
exercise this option.
M. The CONSULTING ENGINEER shall have its office within the
corporate boundaries of Moorpark continuously open
to the public for the issuance of permits and
other related services between the hours of 8:00
a.m. and 5:00 p.m. each workday and shall observe
the same holidays as the CITY, unless otherwise approved in writing
by the City Manager.
N. Cases involving a dispute between the CITY and
The CONSULTING ENGINEER may be decided by an arbitrator if both
sides agree in writing, with costs proportional to
the judgment of the arbitrator.
0. Any notice to be given pursuant to this Agreement
shall be in writing, and all such notices and any
other document to be delivered shall be delivered
by personal service or by deposit in the United
States mail, certified or registered, return
receipt requested, with postage prepaid, and
addressed to the party for whom intended as
follows:
TO: City of Moorpark
799 Moorpark Avenue
Moorpark, CA 93021
®(i� ?3 a'1
Att: City Manager
TO: Charles Abbott Associates, Inc.
371 Van Ness Way, Suite 200
Torrance, CA 90501
Att: Rusty R. Reed
Either party may, from time to time, by written
notice to the other, designate a different address
which shall be substituted for the one above
specified. Notices, payments and other documents
shall be deemed delivered upon receipt by personal
service or upon deposit in the United States mail.
P. This Agreement constitutes the entire agreement of
the parties concerning the subject matter hereof
and all prior agreements or understandings, oral
or written, are hereby merged herein. This
Agreement shall not be amended in any way except
by a writing expressly purporting to be such an
amendment, signed and acknowledged by both of the
parties hereto.
Q. Should interpretation of this Agreement, or any
portion thereof, be necessary, it is deemed that
this Agreement was prepared by the parties jointly
and equally, and shall not be interpreted against
either party on the ground that the party prepared
the Agreement or caused it to be prepared.
R. No waiver of any provision of this Agreement shall
be deemed, or shall constitute, a waiver of any
other provision, whether or not similar, nor shall
any such waiver constitute a continuing or
subsequent waiver of the same provision. No
waiver shall be binding, unless executed in
writing by the party making the waiver.
S. In the event any action, suit or proceeding is
brought for the enforcement of, or the declaration
of any right or obligation pursuant to this
Agreement or as a result of any alleged breach of
any provision of this Agreement, the prevailing
party shall be entitled to recover its costs and
expenses, including reasonable attorney's fees,
from the losing party, and any judgment or decree
rendered in such a proceeding shall include an
award thereof.
T. This Agreement is made, entered into, executed and
is to be performed in Moorpark, Ventura County,
California, and any action filed in any court or
for arbitration for the interpretation,
enforcement or other action of the terms,
conditions or covenants referred to herein shall
be filed in the applicable court in Ventura
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County, California.
U. The captions and headings of the various Articles
and Paragraphs of this Agreement are for
convenience and identification only and shall not
be deemed to limit or define the content of the
respective Articles and Paragraphs hereof.
IV. RESPONSIBLE INDIVIDUAL
The individual in responsible charge for the performance
of the duties set forth herein shall be
Rusty R. Reed, a Registered Civil Engineer No. C37081; and shall be
titled Assistant City Engineer.
Upon mutual written agreement of the parties, other
individuals may be substituted in the above capacity as
Engineer in responsible charge.
V. IMPLEMENTATION
The CITY shall provide the CONSULTING ENGINEER with written notice
in advance of the date at which these services are to be
implemented if different than the date of the Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed by the duly authorized officers the
day and year first above written in this Agreement.
CITY OF MOORPARK CHARLES ABBOTT ASSOCIATES, INC.
Mayor
ATTEST:
Deborah S. Traffenstedt
City Clerk
President
(SEAL)
00C,",30219
EXHIBIT "A"
SCOPE OF WORK
A. GENERAL SERVICES
1. When directed, attend regular and special City Council and
Planning Commission meetings. Any costs associated with attendance
shall be charged as part of City Engineering Fees under Sections
I., C., and E. of this Agreement unless otherwise authorized in
writing by the City Manager or his or her designee.
2. When directed, review and provide general comment
on planning programs and land development
controls, including reports from other agencies.
3. When directed, provide general technical advice
for City personnel assigned to engineering and
public works activities.
4. Advise the City as to engineering and construction
financing available from other governmental
agencies.
5. Establish working relationships and coordination
with all other public agencies and private
utilities involving engineering matters affecting
City.
6. In the capacity of Assistant City Engineer and when so
directed, attend meetings with City staff, public
officials, community leaders, developers,
contractors, and the general public. The CITY will endeavor to
schedule such meetings on days on which the City Council or
Planning Commission meetings are scheduled.
7. When directed, analyze City's general needs and
make general recommendations pertaining to long
and short -range maintenance and improvement
programs consistent with the economic capabilities
of City.
8. When directed, provide general engineering consultation in
connection with problems such as traffic
engineering, traffic congestion, street signs,
street maintenance programs, flood control, etc.
9. When directed, review and provide general comment on
regulations, fees and ordinances pertaining to engineering
matters.
10. Provide comments pertaining to land
development project control, including scope of
work on proposed General Plan amendments and
updates to various elements and Subdivision Map
Act revisions.
11. Assemble and maintain such records as are
customarily maintained by a municipal engineering office for its
contracted functions. Such
records shall at all times be the property of the
City and shall be open for City inspection.
12. The CONSULTING ENGINEER shall cooperate with and respond to
inquiries from CITY and its contractual firms for
investigating claims against the CITY and shall
provide reports, statements and /or other requested
information in a timely manner.
13. For matters related to services performed pursuant
to this Agreement, provide assistance in the
preparation for legal and /or court actions related
to City Engineer functions including attendance
at closed sessions and depositions, but excluding
preparation for and attendance at court and
arbitration proceedings.
For matters not related to services performed
pursuant to the Agreement but related to City
Engineer matters, provide assistance in the
preparation for legal and /or court actions
including attendance at closed sessions but
excluding depositions, preparation for and
attendance at court and arbitration proceedings.
If there is a dispute concerning whether a matter
relates to services performed pursuant to this
Agreement, the City Manager at his sole discretion
shall make the determination.
14. General enforcement of Appendix Chapter 33 of the Uniform
Building Code.
15. Assist with preparation of annual engineering,
public works and capital improvements budgets.
16. Respond to general public inquiries regarding the
Flood Insurance Rate Map (FIRM).
17. Provide financial reports, documentation and
analysis as - requested by the City Manager or his or her
designated representative
18. Respond to requests by CITY'S internal and
external auditors for information regarding
charges, fees, project costs or other activities
which the CONSULTING ENGINEER has specific knowledge.
19. Maintain all records in conformance with generally
accepted accounting principles and the
requirements of OMB Circular A -87.
20. Comply with all administrative procedures
established for preparation of reports and
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information for the CITY.
21. Advise City of availability for grant applications
for funding from federal, state, and regional
agencies for traffic safety studies and
improvements.
22. When requested, provide general advice to City's
staff in connection with the maintenance and
operation of City's traffic signal facilities.
23. When directed, assist in communication with general
public and School District staff regarding traffic counts,
signage, speeding and other traffic enforcement concerns,
signal warrants, pavement markings and crosswalks,
accident histories, Caltrans permits and
improvement projects and with potential developers
regarding City approval process and any potential
project requirements.
24. Provide general guidelines to City staff regarding
signing and striping.
25. When requested, provide brief review of
miscellaneous requests for traffic related
devices, improvements, preventative and /or
corrective measures. The foregoing does not
include an engineering analysis, study, report,
resolution, exhibit or similar work effort.
B. PLAN AND MAP CHECKING (REVIEW)
1. Perform the statutory functions of City Engineer
pertaining to the review and checking of land
divisions.
2. Check all improvement plans for facilities under
the jurisdiction of CITY, prepared by private
developers.
3. Establish performance and labor and material bond
amounts when required and require the posting of
such securities and other development fees within
the proper time sequence of such development
review.
C. LAND DEVELOPMENT REVIEW
1. When requested, review proposed tentative maps and other
submittals for proposed developments and make
recommendations as to engineering matters.
2. Provide such necessary and related functions as
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are the normal practice of a municipal engineering office in the
review of private developments.
D. PUBLIC WORKS ENCROACHMENT PERMITS
Receive, process, issue and provide construction
observation for public works encroachment permits.
E. LAND DEVELOPMENT INSPECTION (CONSTRUCTION OBSERVATION)
Provide field inspection during the construction of
public works improvements by private developers and at
the proper time, recommend notices of completion and,
acceptance of the work including reports concerning
exoneration of bonds or other surety.
F. CONSULTING ENGINEER shall be responsible for providing
consulting geology and soils engineering specialties as part of B.,
C., and E. of this Exhibit A. CONSULTING ENGINEER may provide
these services by using consultants or in -house personnel. If
consultants are used, CONSULTING ENGINEER shall provide the same
indemnification and insurance requirements per Items E., F., G.,
and I. of Section III of this Agreement.
G. CAPITAL IMPROVEMENT PROJECTS
When requested, perform the following services:
1. Prepare plans and specifications for CITY
projects.
2. Provide design survey; construction survey; and
construction administration and observation for
CITY projects.
3. Provide special engineering reports regarding such
matters as assessment district formation,
annexations, etc.
4. Check plans and specifications and provide
construction administration and observation for
CITY projects designed by others.
5. Process plans, specifications and permits through
other agencies for review and approval.
6. Other duties as assigned relating to traffic and
transportation engineering.
H. COLLECTION OF FEES FROM APPLICANTS
All fees to be collected from any applicant in
connection with the carrying out of the functions as set
forth in this Agreement, if collected by the CONSULTING ENGINEER,
shall be collected in the name of the CITY. The CONSULTING
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ENGINEER shall employ record keeping measures acceptable to the
CITY.
If fees are collected by the CITY, the CONSULTING ENGINEER shall
review the appropriate ordinances and fee schedules in effect
and shall provide to the persons designated by the CITY
for collection of fees, the amount of such fees to be
collected.
I. Item A.I. of Exhibit "A" of the referenced March 1, 1991
Agreement required CAA to credit the CITY with four hours for each
City Council and Planning Commission meeting not attended and in
the event of termination of the March 1, 1991 Agreement, to pay the
City the amount of any such credit. The City and CONSULTING
ENGINEER agree that this amount as of June 15, 2005 is $151,256.00.
The parties further agree that the CITY may use this credit at the
rates as specified in Exhibit "B" of the Agreement, which shall not
be increased for this purpose until the credit is exhausted, for
the appropriate personnel for services the CITY may request under
A. General Services, and G. Capital Improvement Projects, of
Exhibit "A ", Scope of Work of this Agreement. In the event of
termination of this Agreement for any reason, any credit still due
CITY shall be deducted from any compensation due to the CONSULTING
ENGINEER.
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EXHIBIT `B'
HOURLY RATES
PERSONNEL SERVICES
RATES
Principal ........................$146.00
Project Supervisor ...............$
117.00
Project Manager ..................$
102.00
Senior Engineer ..................$
110.00
Traffic Engineer ...................$
96.00
Civil Engineer .....................$
96.00
Designer ... .........................$82.00
Sr. Draftsman ......................$
55.00
Draftsman . .........................$44.00
Asst. Civil Engineer ................$68.00
Engineering Technician .............$46.00
Construction Adm . .................$110.00
Construction Inspector .............$69.00
Building Official .................$96.00
Sr. Building Inspector .............$77.00
Building Inspector .................$66.00
Permit Technician ..................$58.00
2- Person Survey Crew .............. $183.00
3- Person Survey Crew .............. $232.00
Secretarial /word Proc ................$41.00
Effective 12/1/03
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