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HomeMy WebLinkAbout1998-12-15; City Council; Resolution 98-4140 &k&-z .. I 2 3 4 RESOLUTION NO. 98-414 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT WITH MCDANIEL ENGINEERING COMPANY INC., FOR CONSTRUCTION SUPPORT SERVICES FOR CANNON ROAD WEST BRIDGES, PROJECT NO. 31 84. 5 WHEREAS, the City Council of the City of Carlsbad, California, has determ necessary and in the public interest to approve and accept an agreement with Mc Engineering Company, Inc.; and 6 7 8 WHEREAS, McDaniel Engineering Company, Inc., is the design engineer of 9 for the three bridges and, therefore, is best qualified to perform the construction I 10 services; and 11 12 WHEREAS, funds are available in the project account; and WHEREAS, the Mayor is hereby authorized to execute the agreement with M 13 Engineering Company, Inc., for preliminary engineering services. (1 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of C: 14 I I California, as follows: I' 11 I. - That the above recitations are true and correct. 16 2. That the agreement with McDaniel Engineering Company, Inc., for cons support services for Cannon Road West Bridges, a copy of which is attached as Exhi 17 l8 Ill '9 hereby approved. 20 21 22 23 24 25 26 27 28 Ill /I/ Ill Ill Ill 111 Ill 111 111 111 0 0 1 3. That the City Clerk is directed to send an executed copy of the agreen 2 McDaniel Engineering Company, Inc., at the address shown on page 15 of the agreeme1 3 an executed copy to the Public Works Director. 4 PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City ( 5 held on the 15th day of December , 1998 by the following vote, to wit; 6 AYES: Council Members Lewis, Hall, Finnila, Nygaard and Kulchin NOES: None 7 a 9 10 11 l2 jl 1 ATTEST: l3 II n 14 :5 &zitJ 2- Ti- ALETHA L. RAUTENKRANZ, City Clerk 16 17 18 19 20 21 22 (SEAL) 23 24 25 26 27 28 0 0 AGREEMENT FOR CONSTRUCTION SUPPORT SERVICES FOR CANNON ROAD WEST BRIDGES THIS AGREEMENT is made and entered into as of the 15 day ( December , 19- 98 , by and between the CITY OF CARLSBAD, a municip; corporation, hereinafter referred to as "City", and McDANIEL ENGINEERIN' COMPANY INCORPORATED, a California corporation, hereinafter referred to i "Contractor." RECITALS City requires the services of a bridge engineering Contractor to provide tt necessary construction support services for construction of three bridges; ar Contractor possesses the necessary skills and qualifications to provide the servicc required by the City; NOW, THEREFORE, in consideration of these recitals and the mutual covenan contained herein, City and Contractor agree as follows: 1. CONTRACTOR'S OBLIGATIONS a. Assist the Project Manager or Bridge Inspector(s) in the interpretation contract documents. b. Produce the bridge "4-scale" drawings, (Cannon Road ov Agua Hedionda and Macario Canyon bridges). rev. 8/25/! -1 - 0 0 c. Review contractor submittals, including: Concrete mix designs and aggregate gradings. Excavation/shoring plans. Precast, prestress concrete pile shop drawings and pile hamml analysis. Temporary falsework plans and camber strips. Handrail shop drawings. Joint seal assembly shop drawings. e Structure material submittals. 4 d. As-built plan revisions based on the -marked-up set; bluelines. l",-Q@yJ/* e. Attend twelve meetings during the course of the work. 2. CITY OBLIGATIONS The City shall provide the Contractor with sets of plans and specifications for tt Cannon Road West project. 3. PROGRESS AND COMPLETION The work under this contract will begin within ten (IO) days after receipt notification to proceed by the City and be completed within five hundred forty-five (54 calendar days of that date. Extensions of time may be granted if requested by tl Contractor and agreed to in writing by the City. The City will give allowance 1 documented and substantiated unforeseeable and unavoidable delays not caused by lack of foresight on the part of the Contractor, or delays caused by City inaction or 0th agencies' lack of timely action. rev. 81251 -2 - 0 0 4. FEES TO BE PAID TO CONTRACTOR The total fee payable for the services to be performed shall be $30,702. N other compensation for services will be allowed except those items covered b suppfemental agreements per Paragraph 8, "Change ,4 , W I&." The City reserves th 5 /,4. id-v* J& b- .:[ . ,/-- right to withhold a ten percent (443%) retention until has been accepted b the City. (eyclusrire ac A& adc. 0eLf=#& Incremental payments, if applicable, should be made as outlined in attac E mr/< a~ -c~.e CmL-cb ,,/? -tl, 4-Ler pf "1 w? Exhibit "A." 5. DURATION OF CONTRACT This agreement shall extend for a period of five hundred forty five (545) calend; days from date thereof. The contract may be extended by the City Manager for one (, additional one (1) year periods or parts thereof, based upon a review of satisfacto, performance and the City's needs. The parties shall prepare extensions in writir 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 Contract within 30 days of receipt of the invoice per attached Exhibit "A. 7. FINAL SUBMISSIONS Within five (5) days of completion and approval of receipt of request f information and/or submittals, the Contractor shall deliver to the City the response such inquiries. rev. 8/25/ -3 - 0 0 8. CHANGES IN WORK If, in the course of the contract, changes seem merited by the Contractor or thE City, and informa] 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 changc in contract. Such changes shall be processed by the City in the following manner: f letter outlining the required changes shall be forwarded to the City by Contractor tc inform them of the proposed changes along with a statement of estimated changes il charges or time schedule. A Standard Amendment to Agreement shall be prepared b the City and approved by the City according to the procedures described in Carlsba Municipal Code Section 3.28.172. Such Amendment to Agreement shall not rend€ ineffective or invalidate unaffected portions of the agreement. 9. COVENANTS AGAINST CONTINGENT FEES The Contractor warrants that their firm has not employed or retained ar company or person, other than a bona fide employee working for the Contractor, i solicit or secure this agreement, and that Contractor has not paid or agreed to pay ar company or person, other than a bona fide employee, any fee, commissio4 percentage, brokerage fee, gift, or any other consideration contingent upon, or resultit from, the award or making of this agreement. For breach or violation of this warrani the City shall have the right to annul this agreement without liability, or, in its discretio to deduct from the agreement price or consideration, or otherwise recover, the 1 amount of such fee, commission, percentage, brokerage fees, gift, or contingent fee. rev. 8/25 -4- 0 0 IO. NONDISCRIMINATION CLAUSE The Contractor shall comply with the state and federal laws regardin1 nondiscrimination. 11. TERMINATION OF CONTRACT In the event of the Contractor's failure to prosecute, deliver, or perform the wor as provided for in this contract, the City Manager may terminate this contract fc nonperformance by notifying the Contractor by certified mail of the termination of th Contractor. The Contractor, thereupon, has five (5) working days to deliver sa documents owned by the City and all work in progress to the City. The City shall mak a determination of fact based upon the documents delivered to City of the percentas of work which the Contractor has performed which is usable and of worth to the City having the contract completed. Based upon that finding as reported to the Ci Manager, the Manager shall determine the final payment of the contract. This agreement may be terminated by either party upon tendering thirty (3( days written notice to the other party. In the event of such suspension .or terminatio~ upon request of the City, the Contractor shall assemble the work product and put Sam in order for proper filing and closing and deliver.said product to City. In the event I termination, the Contractor shall be paid for work performed to the termination dat however, the total shall not exceed the lump sum fee payable under paragraph 4. TI City Manager shall make the final determination as to the portions of tasks complett and the compensation to be made. rev. 8/25/! -5 - 0 0 12. CLAIMS AND LAWSUITS The Contractor agrees that any contract claim submitted to the City must b asserted as part of the contract process as set forth in this agreement and not i anticipation of litigation or in conjunction with litigation. The Contractor acknowledge that if a false claim is submitted to the City, it may be considered fraud and th Contractor may be subject to criminal prosecution. The Contractor acknowledges th; ’ California Government Code sections 12650 et seq., the False Claims Act, provides fc civil penalties where a person knowingly submits a false claim to a public entity. The5 provisions include false claims made with deliberate ignorance of the false informatic or in reckless disregard of the truth or falsity of information. If the City of Carlsbad see1 to recover penalties pursuant to the False Claims Act, it is entitled to recover i litigation costs, including attorney’s fees. The Contractor acknowledges that the filing I a false claim may subject the Contractor to an administrative debarment proceedit wherein the Contractor may be prevented to act as a Contractor on any public work improvement for a period of up to five years. The Contractor acknowledges debarme by another jurisdiction is grounds for the , ity of Carlsbad to disqualify the Contract from the selection process. &“+fInitial) WR bw The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.02 3.32.027 and ,~.32.0 pertaining to false claims are incorporated herein by referencf 7. P dpiall(Jf/$ rev. 81251 -6 - 0 * 13. STATUS OF THE CONTRACTOR The Contractor shall perform the services provided for herein in Contractor's owl way as an independent ContraGtor and in pursuit of Contractor's independent calling and not as an employee of the City. Contractor shall be under control of the City on! as to the result to be accomplished, but shall consult with the City as provided for in thl request for proposal. The persons used by the Contractor to provide services under thi 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 t the Contractor pursuant to the contract shall be the full and complete compensation t which the Contractor is entitled. The City shall not make any federal or state ta withholdings on behalf of the Contractor or its employees or subcontractors. The Cii shall not be required to pay any workers' compensation insurance or unemploymer contributions on behalf of the Contractor or its employees or subcontractors. Th Contractor agrees to indemnify the City within 30 days for any tax, retiremer contribution, social security, overtime payment, unemployment payment or worker! compensation payment which the City may be required to make on behalf of th Contractor or any employee or subcontractor of the Contractor for work done under thi agreement or such indemnification amount may be deducted by the City from ar balance owing to the Contractor. The Contractor shall be aware of the requirements of the Immigration Refor and Control Act of 1986 and shall comply with those requirements, including, but nl rev. 81251s -7 - 0 0 limited to, verifying the eligibility for employment of all agents, employees, subcontractors and Consultants that are included in this agreement. 14. CONFORMITY TO LEGAL REQUIREMENTS The Contractor shall cause all drawings and specifications to conform to al applicable requirements of law: federal, state and local. Contractor shall provide al necessary supporting documents, to be filed with any agencies whose approval i! necessary. The City will provide copies of the approved plans to any other agencies. 15. OWNERSHIP OF DOCUMENTS All plans, studies, sketches, drawings, reports, and specifications as herei' required are the property of the City, whether the work for which they are made b8 executed or not. In the event this contract is terminated, all documents, plan5 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 its records. 16. REPRODUCTION RIGHTS The Contractor agrees that all copyrights which arise from creation of the WOI pursuant to this contract shall be vested in City and hereby agrees to relinquish z claims to such copyrights in favor of City. 17. HOLD HARMLESS AGREEMENT Contractor agrees to indemnify and hold harmless the City of Carlsbad and i officers, officials, employees and volunteers from and against all claims, damage losses and expenses including attorneys fees arising out of the performance of t- rev. 81251 -8 - 0 &b& e &r@ +o&&& &+?/n/v3/ tY , :; ,--e -& #.pH work described herein caused by any willfu .m'isconduct, or negl e f ac r omission A ,, ?P the contractor, any subcontractor, anyone directly or indirectly employed by any of thc or anyone for whose acts any of them may be liable. 18. ASSIGNMENT OF CONTRACT The Contractor shall not assign this contract or any part thereof or any moni due thereunder without the prior written consent of the City. 19. SUBCONTRACTING If the Contractor shall subcontract any of the work to be performed under tt contract by the Contractor, Contractor shall be fully responsible to the City for the a( and omissions of Contractor's subcontractor and of the persons either directly indirectly employed by the subcontractor, as Contractor is for the acts and omissions persons directly employed by Contractor. Nothing contained in this contract shi create any contractual relationship between any subcontractor of Contractor and tt City. The Contractor shall bind every subcontractor and every subcontractor of subcontractor by the terms of this contract applicable to Contractor's work unle! specifically noted to the contrary in the subcontract in question approved in writing k the City. 20. PROHIBITED INTEREST No official of the City who is authorized in such capacity on behalf of the City 1 negotiate, make, accept, or approve, or take part in negotiating, making, accepting, ( approving of this agreement, shall become directly or indirectly interested personally i this contract or in any part thereof. No officer or employee of the City who is authorize rev. 8/25/9 -9 - e 0 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. 21. 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 modin any of the terms or obligations herein contained nor entitle the Contractor to an] additional payment whatsoever under the terms of this contract. 22. SUCCESSORS OR ASSIGNS Subject to the provisions of Paragraph 17, "Hold Harmless Agreement," a terms, conditions, and provisions hereof shall inure to and shall bind each of the partie hereto, and each of their respective heirs, executors, administrators, successors, an1 asslgns. 23. EFFECTIVE DATE This agreement shall be effective on and from the day and year first writte above. 24. CONFLICT OF INTEREST The Contractor shall file a conflict of interest statement with the City Clerk accordance with the requirements of the City's conflict of interest code incorporatir Fair Political Practices Commission Regulation 18700 as it defines A consultant. Tt disclosure category shall be all categories. rev. 81251 -10 - 0 0 25. INSURANCE The Contractor shall obtain and maintain for the duration of the contract and a and all amendments insurance against claims for injuries to persons or damage property which may arise out of or in connection with performance of the w( hereunder by the Contractor, his agents, representatives, employees or subcontracto Said insurance shall be obtained from an insurance carrier admitted and authorized do business in the State of California. The insurance carrier is required to have current Best's Key Rating of not less than "A-:v" and shall meet the City's policy insurance as stated in Resolution No. 91-403. A. Coveraaes and Limits. Contractor shall maintain the types of coverages and minimum lim indicated herein, unless a lower amount is approved by the City Attorney or C Manager: 1. Comprehensive General Liability Insurance. $1,000,000 combinl single-limit per occurrence for bodily injury, personal injury and property damage. If t submitted policies contain aggregate limits, general aggregate limits shall apl separately to the work under this contract or the general aggregate shall be twice t required per occurrence limit. 2. Automobile Liability (if the use of an automobile is involved 1 Contractor's work for the City). $1,000,000 combined single-limit per accident for bod injury and property damage. rev. 8/25/! -11 - 0 0 3. Workers' Compensation and Employer's Liability. Workel Compensation limits as required by the Labor Code of the State of California a1 Employer's Liability limits of $1,000,000 per accident for bodily injury. 4. Professional Liability. Errors and omissions liability appropriate the contractor's profession with limits of not less than $1,000,000 per claim. Covera! shall be maintained for a period of five years following the date of completion of tl work. B. Additional Provisions. Contractor shall ensure that the policies of insurance required under tt agreement contain, or are endorsed to contain, the following provisions. I. The City shall be named as an additional insured on all policil excluding Workers' Compensation and Professional Liability. 2. The Contractor shall furnish certificates of insurance to the C before commencement of work. 3. The Contractor shall obtain occurrence . coverage, excludir Professional Liability which shall be written as claims-made coverage. 4. This insurance shall be in force during the life of the agreement a1 any extension thereof and shall not be canceled without 30 days prior written notice the City sent by certified mail. rev. 8/25/! -12 - 0 e 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, 01 may purchase replacement insurance or pay the premiums that are due on existin( policies in order that the required coverages may be maintained. The Contractor i: responsible for any payments made by the City to obtain or maintain such insurancl and the City may collect the same from the Contractor or deduct the amount paid fron any sums due the Contractor under this agreement. 26. RESPONSIBLE PARTIES The name of the persons who are authorized to give written notices or to receiv written notice on behalf of the City and on behalf of the Contractor in connection wit the foregoing are as follows: For City: Title Associate Engineer Name Sherri Howard Address City of Carlsbad 2075 Las Palmas Drive Carlsbad, CA 92009-1 576 For Contractor: Title Name Address ArchitectlLicense Number: ArchitedLicense Number: Senior Bridge Engineer Jim Rucker McDaniel Engineering Company 5030 Camino de la Siesta, Suite 204 San Diego, CA 92108 27. BUSINESS LICENSE Contractor shall obtain and maintain a City of Carlsbad Business License for t duration of the contract. rev. 8/25 -13 - 0 e 28. ENTIRE AGREEMENT This agreement, together with any other written document referred to ( contemplated herein, embody the entire agreement and understanding between th parties relating to the subject matter hereof. Neither this agreement nor any provisic hereof may be amended, modified, waived or discharged except by an instrument writing executed by the party against which enforcement of such amendment, waiver t discharge is sought. Executed by Contractor this 23rd day of . . November ,19x CONTRACTOR: McDANIEL ENGINEERING COMPANY, INCORPORATED By: ,/’LC: ,*- n- (sign here) W. Mark Ashley, President (mint name/title) \I - ’ ” (print name/title) \<&ecb km q **rr I SerrL r ATTEST: aA.P- - ALETHA L. RAUTENKRANZ City Clerk (Proper notarial acknowledgment of execution by Contractor must be attached.) (President or vice-president and secretary or assistant secretary must sign f corporations. If only one officer signs, the corporation must attach a resolution certifit by the secretary or assistant secretary under corporate seal empowering that officer bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL City Attorney By ->LJ;{iT+) Assistant City A rney -14 - rev. 8/23 0 0 v) W W u, E W i- a ‘I i= v) W k != m p I X F c 0 m 2 2 2 5 c In 0 m c 0 c c k g6 n$ g4 ?at 4 E: g -8 5 $3 lY8 Oh 0% ws Z8 m x9 a3 e e! F fi. 0 2 0 0 tf) cr) r” li 0 F P 2 w (3 s a 0 0 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT WlGJM/# sm Dic+o C-Tc @/7-w-" Date Name and Title of Officer (e.g., "Jane Doe, Notary Public") personally appeared w. /hFw/c A-SHfLfEyf @ personally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the persot whose name(s) is/are subscribed to the within instrum and acknowledged to me that he/she/they executed same in his/her/their authorized capacity(ies), and tha his/her/their signature(s) on the instrument the person or the entity upon behalf of which the person(s) acl executed the instrument. WITNESS my hand and official seal. Name@) of Signer(s) " Signature of Notary Public Though the information below is not required by law, it may prove valuable to persons relying on the document and could prev fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: SVC , a& GmiNi)N &a wa5 /38.L/b6-5? Document Date: 11 I /2+a Number of Pages: /v f t Signer(s) Other Than Named Above: eAcm~ *,L CddC~~//d~ cU4='PdaT / Capacity(ies) Claimed by Signer(s) Signer's Name: LJ. m9-lZ-k fl cMLk'51 0 Individual 17 Individual 0 Corporate Officer 0 Partner - 0 Limited General 0 Attorney-in-Fact 0 Guardian or Conservator 0 Guardian or Conservator Signer Is Representing: Signer Is Representing: fMC_3&.IG Eavc. 0 1995 National Notary Association - 8236 Rernrnet Ave.. P.O. Box 7184 - Canoga Park, CA 91309-7184 Prod. No. 5907 Reorder: Call Toll-Free