HomeMy WebLinkAbout1998-02-10; City Council; Resolution 98-36t 0 e
1 RESOLUTION NO. 98-36 EXHIBIT 3
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, TO APPROVE AN
AGREEMENT WITH DANIEL BOYLE ENGINEERING, INC.
TO PROVIDE ENGINEERING SERVICES ON SOUTH
AGUA HEDIONDA INTERCEPTOR PHASE I, CMWD
PROJECT NO. 92-406.35821
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WHEREAS, Requests for Proposals were requested to provide the necessary
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civil design services for preparation of plans and specifications for South Agua
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Hedionda Interceptor Phase I, CMWD Project No. 92-406; and Cannon Road Recycled
10 Water Transmission Main Phase I, CMWD Project No. 88-602; the latter to be
11 presented to the Board of Directors of the Carlsbad Municipal Water District for review
12 and approval, and responses were received from Daniel Boyle Engineering, Inc. and
13 O'Day Consultants; and after review of the proposals, the staff recommended Daniel
l4 Boyle Engineering, Inc. based on an evaluation of their approach to design; and
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WHEREAS, the City Council of the City of Carlsbad, California, has determined it 11 necessary and in the public interest for approval and acceptance of a proposal from
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Daniel Boyle Engineering, Inc. to design plans and specifications for South Agua
Hedionda Phase I, CMWD Project No. 92-406; and
20 WHEREAS, funds appropriated in the amount of $5,125,000 have been
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and the project cost estimated for the civil design services for the South Agua Hedionda ** appropriated in the 1997-98 budget for the South Agua Hedionda Interceptor Phase I,
23 11 Interceptor Phase I is $23,435 for engineering services and $2,565 for contingencies,
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1. That the above recitations are true and correct. 28
Carlsbad, California, as follows:
therefore, there are sufficient funds available for this project.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of
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2. That the attached three party agreement between Daniel Boyle Engineering,
2 Inc., the City of Carlsbad, and the Carlsbad Municipal Water District be approved and
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7 the City of Carlsbad and the Carlsbad Municipal Water District.
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of the City of Carlsbad, California, held on 10th day of February , 1998, 9
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council
accepted; and
3. That the Mayor, as representative of the City of Carlsbad, is authorized and
directed to execute the proposed agreement between Daniel Boyle Engineering, Inc.,
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by the following vote to wit:
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AYES: Council Members Lewis, Finnila, Nygaard, Kulchin, and Hall
NOES: None 13
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ABSENT: None
la I1 ATTEST:
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4 QLzLZL
ALETHA L. RAUTENKRANZ, City Ckrk
(SEAL)
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AGREEMENT
THIS AGREEMENT is made and entered into as of the / 0 day of -rc
Felorwary , 19%, by and between the CITY OF CARLSBAD, a municipal
corporation, hereinafter referred to as "City", CARLSBAD MUNICIPAL WATER
DISTRICT, a municipal corporation hereinafter referred to as "District", and Daniel
Bovle Enaineerinu. Inc. , hereinafter referred to as "Contractor."
RECITALS
City requires the services of an enaineerina desian Contractor to provide the
necessary enaineerinq services for preparation of Reach SAH4 South Aqua Hedionda
Interceptor Sewer ImDrovement Plans, and District requires the services of a
enaineerina desian Contractor to provide the necessary enaineerinq services for
preparation of Cannon Road Recvcled Water Transmission Main Phase I Improvement
Plans; and Contractor possesses the necessary skills and qualifications to provide the
services required by the City and the District;
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, City, District and Contractor agree as follows:
1. CONTRACTOR'S OBLIGATIONS
(See attached Exhibit "A".)
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2. CITY OBLIGATIONS
The City shall provide all existing street improvement plans for Cannon Road
and sewer improvements in Cannon Road.
The District shall provide all water and recycled water improvement plans in
Cannon Road and contacts for contracts use in acquiring information.
3. PROGRESS AND COMPLETION
The work under this contract will begin within ten (I 0) days after receipt of
notification to proceed by the City Engineer or designee and be completed within,
seventv (70) calendar days of that date. Extensions of time may be granted if
requested by the Contractor and agreed to in writing by the City Engineer or designee.
The City Engineer or designee 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 or District inaction or other agencies' lack of
timely action.
4. FEES TO BE PAID TO CONTRACTOR
The total fee payable for the services to be performed shall be $46.870. No
other compensation for services will be allowed except those items covered by
supplemental agreements per Paragraph 8, "Changes in Work." The City reserves the
right to withhold a ten percent (10%) retention until the project has been accepted by
the City and the District.
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5. DURATION OF CONTRACT
This agreement shall extend for a period of thirtv (30) davs from date thereof.
The contract may be extended by the City ManagedExecutive Manager for one (I)
additional one (I) year periods or parts thereof, based upon a review of satisfactory
performance and the City's and the District's needs. The parties shall prepare
extensions in writing indicating effective date and length of the extended contract.
6. PAYMENT OF FEES
Payment of approved items on the invoice shall be mailed to the Contractor
within 30 days of receipt of the invoice.
7. FINAL SUBMISSIONS
Within five (5) days of completion and approval of the plans and sDecifications
for the design services the Contractor shall deliver to the City the following items:
I. One set of original mylars containing the plans for the project.
2. One set of specifications for the project.
8. CHANGES IN WORK
If, in the course of the contract, changes seem merited by the Contractor w, the
City or the District, and informal consultations with the other party indicate that a
change in the conditions of the contract is warranted, the Contractor, the City or
the District 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/District by Contractor to inform them of the proposed changes along with a
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statement of estimated changes in charges or time schedule. A Standard Amendment
to Agreement shall be prepared by the City and the District and approved by the City
and the District 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 or the District shall have the right to annul this agreement without liability, or, in
its discretion, 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.
I 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 ManagerIExecutive Manager may terminate this
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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 the District and all work in progress to
the District Enaineer. The District Enaineer 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 or the District, the Contractor shall assemble the work product
and put same in order for proper filing and closing and deliver said product to City or
the District. 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 ManagerlExecutive 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
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or the City Engineer or designee. 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 designee 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 or
the Board of Directors for their resolution through the Office of the City
ManagedExecutive Manager. The City Council or.the Board of Directors may then opt
to consider the directed solution to the problem. In such cases, the action of the City
Council or the Board of Directors shall be binding upon the parties involved, although,
nothing in this procedure shall prohibit the parties seeking remedies available to them
at law.
13. CLAIMS AND LAWSUITS
The Contractor agrees that any contract claim submitted to the City or the District
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 or the District, it may be considered fraud
and the Contractor may be subject to criminal prosecution. The Contractor
acknowledges that California Government Code sections 12650 et seq., 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
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the City of Carlsbad or the Carlsbad Municipal Water District 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 or the Carlsbad Municipal Water District 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. ,
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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 or the District. Contractor shall be under control of
the City and the District only as to the result to be accomplished, but shall consult with
the City and the District 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 or the District for any purposes whatsoever.
The Contractor is an independent Contractor of the City and the District. 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 and the District shall not
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make any federal or state tax withholdings on behalf of the Contractor or hidher
employees or subcontractors. The City and the District 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 and the District within 30 days for any tax, retirement contribution, social
security, overtime payment, unemployment payment or workers' compensation
payment which the City and the District 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 City3and the District
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 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
necessary.
The City or the District will provide copies of the approved plans to any other
agencies.
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16. OWNERSHIP OF DOCUMENTS
All plans, studies, sketches, drawings, reports, and specifications as herein
required are the property of the City and the District, whether the work for which they
are made be executed or not. In the event this contract is terminated, all documents,
plans, specifications, drawings, reports, and studies shall be delivered forthwith to the
City or the District. Contractor shall have the right to make one (I) copy of the plans for
hidher records.
17. 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 District and hereby agrees t4
relinquish all claims to such copyrights in favor of City and District.
18. HOLD HARMLESS AGREEMENT
Contractor agrees to indemnify and hold harmless the City of Carisbad and the
Carisbad Municipal Water District 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 and/or the Carlsbad
Municipal Water District.
Contractor shall at its.own expense, upon written request by the City and/or the
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Carlsbad Municipal Water District, defend any such suit or action brought against the
City, and/or the Carlsbad Municipal Water District, its officers, officials, employees and
volunteers. Contractors indemnification of City and the Carlsbad Municipal Water
District shall not be limited by any prior or subsequent declaration by the Contractor.
19. 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 and the District.
20. 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 and the
District 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 or the District. 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 or the District.
21. PROHIBITED INTEREST
. No official of the City.or the District who is authorized in such capacity on behalf
of the City or the District to negotiate, make, accept, or approve, or take part in
negotiating, making, accepting, or approving of this agreement, shall become directly or
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indirectly interested personally in this contract or in any part thereof. No officer or
employee of the City or the District who is authorized in such capacity and on behalf of
the City or the District 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.
22. VERBAL AGREEMENT OR CONVERSATION
No verbal agreement or conversation with any officer, agent, or employee of the
City or the District, 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.
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
above.
25. CONFLICT OF INTEREST
The City has determined, using the guidelines of the Political Reform Act and the
City's conflict of interest code, that the Contractor: will not be required to file a conflict of
interest statement as a requirement of this agreement. However, Contractor hereby
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acknowledges that Contractor has the legal responsibility for complying with the
Political Reform Act and nothing in this agreement releases Contractor from this
responsibility.
26. 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
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 and the District's policy for insurance as
stated in Resolution No. 772.
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/General
Counsel or City Manager/Executive 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.
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2. Automobile Liability (if the use of an automobile is involved for
Contractor's work for the City/District). $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.
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.
I. The City and the Carlsbad Municipal Water District shall be named
as additional insureds 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
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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
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/District and on behalf of the Contractor in connection
with the foregoing are as follows:
For City/District: Title William E. Plummer. P.E.. District Engineer
Name Carlsbad Municipal Water District
Address 5950 El Camino Real
Carlsbad. California 92008
For Contractor: Title Daniel Bovle. P.E., President
Name Daniel Bovle Engineering. Inc.
Address 3142 Vista Wav. Suite 201
Oceanside. California 92056
ArchitecffLicense Number: c tco ,505
ArchitecffLicense Number:
28. BUSINESS LICENSE
Contractor shall obtain and maintain a City of Carlsbad 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
paities 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
CONTRACTOR:
DANIEL BOYLE ENGINEERING, INC. /’ -I
ATTEST:
DANIEL B. BOYLE. P.E., President Q&-
(print name/title) ALWw#LKwNZ
By: (sign here)
(print name/title)
ATTEST:
AL*:W{-E?&*, Secretary
(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
CMWD 88-602
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EXHIBIT "A"
page 1 of I
SCOPE OF WORK CANNON ROAD SEWER AND RECYCLED WATER IMPROVEMENT PLANS
Project I: Avenida Encinas to Car Country Drive
ESTIMATED MANHOURS'''
SCOPE OF WORK ME SE SUP SUB
1. Overall project management and supervision. 10 " " "
2. Meet with District Staff to obtain background " 2 8 "
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information, record drawings, as-built plans, etc. Contact utilities and obtain information in connection with other underground facilities.
AutoCAD base sheets to be used for the pipeline plan and profile construction plans (3 sheets).
site to verify existing conditions. Also perform a one day land survey of the project site.
construction plans for the sanitary sewer 24-inch diameter pipeline (3 sheets).
construction plans for the recycled water 24-inch diameter pipeline (3 sheets).
sheets (3 each).
3. Using information obtgin in Task No. 2, prepare 1 6 18 "
4. After completion of the base sheets, walk the job " 4, 4 8
5. Design and preparation of the plan and profile '3 60 90 -
6. Design and preparation of the plan and profile 3 60 90 "
7. Preparation of title sheet and general information " 6 18 "
8. Preparation of detail sheets (3 each). 2 30 24 "
9. Preparation of Contract Documents and 2 25 " "
10. Submittals to District Staff for review and 2 8 12 "
Construction Specifications.
comments at the 75 and 95-percent completion stages.
percent submittal, prepare and submit final signed and sealed Contract Documents, Specifications, Construction Plans and Engineer's Opinion of
Construction Cost.
throughout the course of design and preparation of the plans and specifications.
11. After receipt of all District comments on the 95- 2 20 20 "
12. Miscellaneous meeting with District Staff 4 24 " "
13. Preparation of traffic control plans. . " 1 2 2- 32 .
TOTAL PROJECT ESTIMATED MANHOURS 30 247 286 40
PROPOSED FEE $46.870
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ss.
On ;hgkf before me, s%?e 7 Pe&C?//
NAME AND TITLE OF OFFICER
personally appeared D&;&& Zy/E
NAME(S) OF SIGNER(S)
personally known to me - OR - *’ proved to me on the basis of satisfactory evidence to be the personw whose name
is/iwesubscribed to the within instrument and acknowledged to me
authorized capacity(ies), and that by his/hdthdFsignature(on the
which the personwacted, executed the instrument.
WITNESS ny hand and official seal.
/
that he/sbe/fkey executed the same in his/hef/tl
instrument the personm or the entity upon lSehal
(This area for official notary seal.)
~~~~~~~ ~
Title or Type of Document -77% a5Sr>dR L &Py@&s k&e” 7
Date of Document
CMWD 88-602
0611 4/95
I
t
r/rurlEL DVr, ffi fi"Vl3&iWVG, tf r-:
Civii'eineering Services &-a
CERTIFIED RESOLUTION
OF
BOARD OF DIRECTORS
OF
DANlEL BOYLE ENGINEERING, INC.
1, Cathy A. Boyle, Secretary of Daniel Boyle Engineering, Inc., a corporation organized
March 23, 1982 and existing under the laws of the State of California, do hereby certify
that at a duly convened meeting of the Board of Directors af Daniel Boyle Engineering,
Inc., held on the 15th day of May, 1995, at the offices of said corporation at 23231 South..,
Pointe Drive, Suite 103, Laguna Hills, CA 92653, the following resolution was duly .
adopted:
RESOLVED:
That the following company officers are designated and authorized to execute and sign
documents, or to sign the corporate name without limitation, except where otherwise
provided by law, and such execution or signature shall be binding on the corporation:
Daniel 8. Boyle; President
or
Thomas B. Hooker, Jr.; Vice-President
IN WITNESS WHEREOF, I have hereunto set my hand as of the 15th day of May, 1995.
1 cathlg A. Boyle,' Sec6tary
23231 South Pointe Drive, Suite 103 Laguna Hills, CA 92653 (714) 768-2600
bl