HomeMy WebLinkAbout1998-02-03; City Council; Resolution 98-25,e
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RESOLUTION NO. 98-25
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT WITH
DOKKEN ENGINEERING FOR PROFESSIONAL ENGINEERING
SERVICES FOR PRELIMINARY ENGINEERING ON RANCHO
SANTA FE ROAD, PROJECT NO. 3190.
WHEREAS, the City Council of the City of Carlsbad, California, has determined it
lecessary and in the public interest to approve and accept an agreement with Dokken
Engineering for professional engineering services for preliminary engineering services; and
WHEREAS, the Engineering Department requested Statements of Qualifications to
provide professional engineering services from seventeen private firms interested in providing
engineering services for Rancho Santa Fe Road, Project No. 3190, and received responses from
nine firms (Boyle Engineering Corporation, O'Day Consultants, Rick Engineering Company,
Project Design Consultants, P&D Consultants, Fraser Engineering, Berryman & Henigar,
Hunsaker & Associates, and Dokken Engineering) and after review of the proposals and
interviewing two of the respondents, staff is recommending Dokken Engineering as the best
qualified firm based on their experience and expertise on similar types of projects; and
WHEREAS, funds in the amount of $2,386,000 have been appropriated for Rancho Santa
Fe Road and the estimated cost for the engineering services is $295,000, therefore, sufficient
funds are available for this portion of the project; and
WHEREAS, the Mayor is hereby authorized to execute the proposed agreement with
Dokken Engineering for preliminary engineering services.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
California, as follows:
1. That the above recitations are true and correct.
2. That the agreement with Dokken Engineering for engineering services to provide
weliminary engineering services for Rancho Santa Fe Road, a copy of which is attached as
Exhibit 31 is hereby approved.
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AYES: Council Members Lewis, Finnila, Nygaard, Kulchin, and Hall
Iokken Engineering, at the address shown on page 16 of the agreement, and an executed copy
I the Public Works Director.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council
leld on the 3rd day of February , 1998 by the following vote, to wit:
(SEAL)
required by the City;
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, City and Contractor agree as follows:
I. CONTRACTORS OBLIGATIONS
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B. Preliminary Design
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2.
3.
notification to proceed by the City and be completed within two hundred seventy (270)
calendar days of that date. Extensions of time may be granted if requested by the
Contractor and agreed to. in writing by the Public Works Director/City Engineer. The
Public Works Director/City Engineer will give allowance for documented and
substantiated unforeseeable and unavoidable delays not caused by a lack of foresight
on the part of the Contractor, or delays caused by City inaction or other agencies' lack
of timely action.
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C. Five (5) bluelines of the preliminary design at a scale of 1"=100'.
D. A digitat copy of the topography in AutoCAD Release 13.4 format, on a
3-1/2" floppy disk or other media approved by the City.
E. A digital copy, on 3-112" floppy disk, of the results of field surveys and
other research methods, showing ,the property lines, City boundaries,
existing utilities, and other data as appropriate to adequately assist in the
design of the roadway. This information may be combined with the -
topography mapping providing it is contained on separate AutoCAD
layers.
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 6 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 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,
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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 City of Carlsbad to disqualify the Contractor
from the selection
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The provisions of Carfsbad 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)
14. 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
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 indemnifiktion amount may be deducted by the City from any
balance owing to the Contractor.
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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, venfying the eligibility for employment of all agents, employees,
subcontractors and Consultants that are included in this agreement.
15. 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
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a8. HOLD HARMLESS AGREEMENT
Contractor agrees to indemnify and hold harmless the City of Carisbad and its
officers, officials, employees and volunteers from and against all claims, damages,
losses and expenses including attorneys fees arising out of the performance of the
work described herein caused by any willful misconduct, or negligent act, or omission of
the contractor, any subcontractor, anyone directly or indirectly employed by any of them
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.
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23. SUCCESSORS OR ASSIGNS
Subject to the provisions of Paragraph 18, "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.
24. EFFECTIVE DATE
.This agreement shall ,be effective on and from the day and year first written
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above.
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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. .91403.
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 Employer3 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.
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 fwe 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.
I. 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.
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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 e
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
and the City may collect the same from the Contractor or deduct the amount paid from
any sums due the Contractor under this agreement.
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27. 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 Public Works Director/City Engineer
~ Name Lloyd B. Hubbs
Address 2075 Las Palmas Drive
Carlsbad, CA 92009-$576
Title Proiect N x
Name Ri.lhard T. LiptaR
Address 3914" mn Road, Stem A-153
san Diego, CA 92123 ,
ArchitecVLicense Number: G 40887 expires 3/31/99
ArchitecVLicense Number:
28. BUSINESS LICENSE
Contractor shall obtain and maintain a City of Catlsbad Business License for the
duration of the contract.
29. 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
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writing executed by the party against which enforcement of such amendment, waiver or
discharge is sought.
Executed by Contractor this 7 W day of Jkdc/h% /' ,I9 72.
CONTRACTOR:
DOKKEN ENGINEERING, INC.
By: -(sign here)
(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 officer to
bind the corporation.)
APPROVED AS TO FORM:
RONALD R. BALL City Attorney
BY D@uty City Attorney
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