HomeMy WebLinkAboutMTJ Engineering; 2018-10-23; PSA19-646TRANPSA19-646TRAN
City Attorney Approved Version 6/12/18
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AGREEMENT FOR ROUNDABOUT TRAINING AND COUNCIL MEETING SERVICES
MTJ ENGINEERING
THIS AGREEMENT is made and entered into as of the ______________ day of
___________________, 2018, by and between the CITY OF CARLSBAD, a municipal
corporation, ("City"), and MTJ ENGINEERING, a limited liability corporation, ("Contractor”).
RECITALS
City requires the professional services of an engineering services consultant that is
experienced in roundabout design and training. Contractor has the necessary experience in
providing these professional services, has submitted a proposal to City and has affirmed its
willingness and ability to perform such work.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, City and Contractor agree as follows:
1. SCOPE OF WORK
City retains Contractor to perform, and Contractor agrees to render, those services (the
“Services”) that are defined in Exhibit “A”, attached and incorporated by this reference in
accordance with the terms and conditions set forth in this Agreement.
2. TERM
This Agreement will be effective for a period of one hundred twenty (120) working days from the
date first above written.
3. COMPENSATION
The total fee payable for the Services to be performed shall not exceed six thousand seven
hundred forty-seven dollars ($6,747). No other compensation for the Services will be allowed
except for items covered by subsequent amendments to this Agreement. City reserves the right
to withhold a ten percent (10%) retention until City has accepted the work and/or the Services
specified in Exhibit “A.”
4. STATUS OF CONTRACTOR
Contractor will perform the Services as an independent contractor and in pursuit of Contractor’s
independent calling, and not as an employee of City. Contractor will be under the control of City
only as to the results to be accomplished.
5. INDEMNIFICATION
Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees
and volunteers from and against all claims, damages, losses and expenses including attorney’s
fees arising out of the performance of the work described herein caused by any negligence,
recklessness, or willful misconduct 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.
The parties expressly agree that any payment, attorney’s fee, costs or expense City incurs or
makes to or on behalf of an injured employee under the City’s self-administered workers’
compensation is included as a loss, expense or cost for the purposes of this section, and that this
section will survive the expiration or early termination of this Agreement.
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6. INSURANCE
Contractor will obtain and maintain policies of commercial general liability insurance, automobile
liability insurance, a combined policy of workers' compensation, employers liability insurance, and
professional liability insurance from an insurance company authorized to transact the business of
insurance in the State of California which has a current Best's Key Rating of not less than "A-:VII";
OR with a surplus line insurer on the State of California’s List of Approved Surplus Line Insurers
(LASLI) with a rating in the latest Best’s Key Rating Guide of at least “A:X”; OR an alien non-
admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest
quarterly listings report, in an amount of not less than one million dollars ($1,000,000) each,
unless otherwise authorized and approved by the Risk Manager or the City Manager. Contractor
will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-
made coverage. The insurance will be in force during the life of this Agreement and will not be
canceled without thirty (30) days prior written notice to the City by certified mail. City will be named
as an additional insured on General Liability which shall provide primary coverage to the City. The
full limits available to the named insured shall also be available and applicable to the City as an
additional insured. Contractor will furnish certificates of insurance to the Contract Department,
with endorsements to City prior to City’s execution of this Agreement.
7. NOTICES
The name of the persons who are authorized to give written notice or to receive written notice on
behalf of City and on behalf of Contractor under this Agreement.
For City For Contractor
Name Jonathan Schauble Name Mark Johnson
Title Senior Engineer Title Project Manager
Department Public Works Address 313 Price Place Suite 11
City of Carlsbad Madison, WI 53705
Address 1635 Faraday Ave Phone No. 608-238-5000
Carlsbad, CA 92008 Email mark@mtjengineering.com
Phone No. 760-602-2762
Each party will notify the other immediately of any changes of address that would require any
notice or delivery to be directed to another address.
8. CONFLICT OF INTEREST
Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the
requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report
investments or interests in all categories.
Yes No
9. COMPLIANCE WITH LAWS
Contractor will comply with all applicable local, state and federal laws and regulations prohibiting
discrimination and harassment and will obtain and maintain a City of Carlsbad Business License
for the term of this Agreement.
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10. TERMINATION
City or Contractor may terminate this Agreement at any time after a discussion, and written notice
to the other party. City will pay Contractor's costs for services delivered up to the time of
termination, if the services have been delivered in accordance with the Agreement.
11. CLAIMS AND LAWSUITS
By signing this Agreement, Contractor agrees it may be subject to civil penalties for the filing of
false claims as set forth in the California False Claims Act, Government Code sections 12650, et
seq., and Carlsbad Municipal Code Sections 3.32.025, et seq. Contractor further acknowledges
that debarment by another jurisdiction is grounds for the City of Carlsbad to terminate this
Agreement.
12. JURISDICTIONS AND VENUE
Contractor agrees and stipulates that the proper venue and jurisdiction for resolution of any disputes
between the parties arising out of this Agreement is the State Superior Court, San Diego County,
California.
13. ASSIGNMENT
Contractor may assign neither this Agreement nor any part of it, nor any monies due or to become
due under it, without the prior written consent of City.
14. AMENDMENTS
This Agreement may be amended by mutual consent of City and Contractor. Any amendment will
be in writing, signed by both parties, with a statement of estimated changes in charges or time
schedule.
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15. AUTHORITY
The individuals executing this Agreement and the instruments referenced in it on behalf of
Contractor each represent and warrant that they have the legal power, right and actual authority
to bind Contractor to the terms and conditions of this Agreement.
CONTRACTOR
MTJ ENGINEERING, a limited liability
corporation
CITY OF CARLSBAD, a municipal
corporation of the State of California
By: By:
(sign here) Paz Gomez, Public Works Director
Mark T. Johnson, Managing Member
(print name/title)
By:
(sign here)
(print name/title)
If required by City, proper notarial acknowledgment of execution by contractor must be attached.
If a corporation, Agreement must be signed by one corporate officer from each of the following
two groups:
Group A. Group B.
Chairman, Secretary,
President, or Assistant Secretary,
Vice-President CFO or Assistant Treasurer
Otherwise, the corporation must attach a resolution certified by the secretary or assistant
secretary under corporate seal empowering the officer(s) signing to bind the corporation.
APPROVED AS TO FORM:
CELIA A. BREWER, City Attorney
By:
Assistant City Attorney
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EXHIBIT “A”
SCOPE OF SERVICES
Contractor will provide all equipment, material and labor necessary to deliver a half-day
roundabout workshop to City of Carlsbad employees, and attend a City Council Meeting, per the
attached Contractor’s proposal dated October 4, 2018.
All travel expenses shall comply with the City of Carlsbad’s Travel Policy as defined in
attached Exhibit “B”.
DocuSign Envelope ID: 6C3397C0-E91A-4872-9379-E328F811D7E4
313 Price Place, Suite 11 Madison, WI 53705 Office: 608.238.5000 info@mtjengineering.com www.mtjengineering.com
October 4, 2018
Jonathan Schauble, PE
Senior Engineer
Public Works Department
City of Carlsbad
1635 Faraday Ave
Carlsbad, CA 92008
RE: Proposal for Roundabout Workshop and City Council Meeting Attendance November 27, 2018
Jonathan,
Per your request, below please find details of our proposal to deliver a half-day roundabout workshop
to City of Carlsbad employees, and attend the City Council Meeting on November 27, 2018.
1.Class Location
The location of this workshop will be: City of Carlsbad office.
2.Date and Time
This workshop is scheduled to be held on November 27, 2018 (TBD).
3.Cost
Our lump-sum estimated cost to provide these services is $6,747 (including expenses).
Cost estimate is attached.
Please let us know if there are any questions.
Thank you for your consideration,
Mark T. Johnson
MTJ Engineering, LLC
Att.: Cost Estimate
Exhibit "A"DocuSign Envelope ID: 6C3397C0-E91A-4872-9379-E328F811D7E4
TRAINING COST ESTIMATE Date: 10/4/18
DIRECT TRAVEL COSTS:
Cost Per Units Amount Notes
Hotel + taxes 200$ night 2 400$
Car rental + gas 50$ day 2 100$
Airfare 1,500$ flight 1 1,500$ Est. for Flex Ticket
2,000$ Expense total
Daily Training Fee 1,995$ day 1 1,995$
Travel Time 125$ hour 0 -$
Preparation of Materials 172$ hour 16 2,752$
Printing: by City
Labor sub total 4,747$ Labor total
Labor + Expenses Total 6,747$
LABOR COSTS:
Event: Roundabout Workshop: 1/2-Day
Client, location: City of Carlsbad - Carlsbad, CA
Client contact: Jonathan Schauble, PE - Senior Engineer, Public Works Department
City of Carlsbad
1635 Faraday Ave.
Carlsbad, CA 92008
Event Date: Nov. 27, 2018
Instructor: Mark T. Johnson, MTJ Roundabout Engineering
Mileage expenses will be billed at current federal rates;
other expenses at cost.
313 Price Place, Suite 11
Madison, WI 53705
Office: 608.238.5000
info@mtjengineering.com
www.mtjengineering.com
MTJ Wkshop Cost Est_Carlsbad CA_R10.4.18.xlsx
Half-Day Train w.FlexTix
DocuSign Envelope ID: 6C3397C0-E91A-4872-9379-E328F811D7E4
{City ofCarlsbad Policy No.
Date Issued:
Effective Date:
Resolution No.
Cancellation Date:
2
6/27/17
6/27/17
Exhibit "B"
Supersedes No. 4 (dated 4/4/06)
Council Policy Statement
Category:
Specific Subject: TRAVEL POLICY
PURPOSE:
To establish a policy to be followed by Council Members, other elected officials, commission/board
members, volunteers, and all city employees when traveling on city business. This policy supersedes all
other travel policies.
BACKGROUND:
It is periodically necessary for city personnel to attend meetings, travel outside the city to conduct city
business, and attend conferences, seminars and training sessions. Costs can vary considerably as there
are various modes of transportation, various options for lodging, and relative price fluctuations among
different geographic regions. The City Council has adopted a policy to control the costs involved, to
ensure the expenditures are in the best interest of the public and an appropriate use of taxpayer funds,
and to compensate individuals for actual necessary expenses related to meetings and business travel.
DEFINITIONS:
City Business Travel shall be defined as travel which requires elected officials, members of a commission
or board, volunteers, or city employees to conduct specific items of city business away from their
normal place of business.
City Employee means any person regularly employed by the city, excluding elected officials, members of
commissions, committees, authorities or boards, and volunteers.
Commissioner shall mean any person appointed by the city council to an established board, committee,
authority or commission.
Volunteer shall mean any person donating their time through the city's volunteer program in support of
city business and as outlined in a volunteer position description.
Out-of-State Travel includes all costs related to business travel outside the State of California.
In-State Travel includes all costs related to business travel within the State of California.
Miscellaneous Meals/Mileage includes all miscellaneous costs not directly attributable to conferences or
training, such as travel to other city facilities.
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Policy No. 2
POLICY:
1.In all cases requests for travel shall be limited to situations from which the city will derive a
benefit through the attendance of a representative.
2.For City Council Members, all travel involving more than five (5) days should be approved in
advance by the City Council. Travel of five (5) days or less need not have prior approval if funds
are available in the current budget. The Mayor is authorized to approve extended overnight
travel for emergency cases.
3.Except for elected officials, commissioners and board members, and City Council appointed
employees, the number of City Employees attending any single conference should be limited to
those whose attendance will provide a benefit to the city. Any number of elected officials,
commissioners, or City Council appointed employees may attend conferences provided that
funds are available for such purposes.
4.Anticipated in-state and out-of-state travel should be approved in the operating budget. The
City Manager, or his/her designee, may approve any unanticipated in-state travel or
unanticipated out-of-state travel to destinations within the continental United States if a
business need exists and funds are available. City Council approval is required for unanticipated
travel to destinations outside the continental United States and/or when additional funds are
required.
5.Each officer, employee, advisory commissioner, and board member of the city is expected to be
as thrifty and prudent as possible when traveling at the city's expense. To ensure stewardship
of taxpayer funds and that city officers, employees, commissioners and board members are able
to travel when necessary to accomplish essential city business, travel funds must be expended in
the most economical and efficient way possible.
6.In order to comply with Internal Revenue Service (IRS) and State regulations, receipts are
required for all business travel expenses, including all meal and entertainment expenses, for City
Council Members and Commissioners. Receipts are also required for all City Employee business
travel expenses. In the event a meal or incidental receipt totaling thirty dollars ($30) or less is
lost, a City Employee may certify the expense with the information below to receive
reimbursement. This certification may occur no more than one time over a two day period, two
times over a four day period, or three times over a five day period. For all business travel
expenses (including meals and entertainment), the following information must appear on the
expense report and/or the receipts submitted:
a.The amount of the expenditure.
b.The date and place of the expenditure.
c.The business purpose of the expenditure.
d.The business relationship to the person entertained, as well as the individuals' names.
The IRS considers the reimbursements "wages" subject to payroll tax withholding if the
expenditures are not substantiated with the aforementioned information. The use of a city
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Policy No. 2
credit card for payment of business meals and entertainment does not preclude the
requirement to complete and submit an expense report with the appropriate support.
7.Travel advances to City Employees need to be substantiated or reimbursed as soon as possible
upon completion of trip (normally within 30 days}. No further city funds will be advanced for
travel until the employee files his/her outstanding expense report.
8.Administration and interpretation of this policy will be as directed from time to time by the City
Manager or his/her designee. The policy should be reviewed every five years for effectiveness.
TRANSPORTATION:
1.Use of air, train, private automobile, or other mode of public transportation shall be selected on
the basis of the least total cost to the city after all expense items are tabulated, including travel
time salary costs.
2.When the use of a private vehicle to destinations within 200 driving miles of the city limits is
approved, mileage reimbursement shall be at the rate then currently prescribed by IRS
regulations. Individuals with an auto allowance will not receive mileage reimbursements.
However, use of city-owned vehicles is allowed for travel within 200 driving miles of the city
limits.
If use of a private vehicle to destinations beyond 200 driving miles is approved by the City
Manager or his/her designee reimbursement shall not exceed the cost of a round trip coach or
equivalent class air fare plus ground transportation between the airport and place of lodging.
Exceptions, including use of a city-owned vehicle, are subject to approval by the City Manager or
his/her designee (such as in cases where items required to be transported are not allowed on
any other mode of public transportation}. Such reimbursement, if applicable, shall be computed
based on the mileage from the normal work location to the final destination.
For the purpose of determining personal vehicle mileage reimbursement, the designated normal
work location for each City Council Member, Commissioner, City Employee or Volunteer is the
place where that individual spends the largest portion of his/her regular workday or working
time, or the place to which he/she returns upon completion of regular or special assignments.
The cost of the daily commute to the office is the City Council Member's, Commissioner's, City
Employee's or Volunteer's responsibility.
3.When the use of public air carrier is approved, the city shall pay the lowest available fare at the
time the reservation is booked. Upgrades to a higher class of air service will be at the
employee's expense. The City Manager, or his/her designee, may authorize exceptions when a
higher fare results in a lower overall cost to the city such as a fare that includes cancelation
insurance. Business related air carrier Wi-Fi charges will be reimbursed up to $10 per flight.
4.Authorized travel time shall be based on that required by the most appropriate and expedient
mode of public transportation. The additional travel time from anything less than the most
appropriate and expedient mode will not be considered city work hours.
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Policy No. 2
5.While traveling, City Council Members, Commissioners, and City Employees are encouraged to
use public transportation whenever possible. For example, courtesy shuttle service, buses,
taxis, or limousine service should be utilized between airports and meeting locations when such
services are reasonably available. Rental vehicles should only be used when other
transportation is unavailable, untimely, or a rental vehicle is the most economical mode of
transportation. In no case shall valet services for parking be reimbursed.
6.Reimbursement for travel time will be made in accordance with Fair Labor Standards Act (FLSA)
guidelines.
LODGING:
1.Lodging shall be obtained at the most economical rate available for good quality lodging. When
there is an officially designated conference hotel, the traveler is encouraged to take advantage
of these accommodations. Lodging expenses for spouses are not reimbursable, and any
additional expenses beyond those required for the business traveler must be paid by the elected
official, Commissioner or City Employee.
2.Business related Wi-Fi charges which are added to the lodging bill will be reimbursed up to $10
per day. Reimbursement of Wi-Fi charges in excess of this limit may be authorized by the City
Manager or his/her designee, under special circumstances.
MEALS AND INCIDENTAL EXPENSES:
1.Notwithstanding other limits stated elsewhere, the City Council will be reimbursed the actual
costs of meals, plus tips and incidental expenses that are substantiated with a physical receipt
while on official city business.
2.Each Commissioner or City Employee authorized to travel may submit the actual cost of meals,
tips and incidental expenses for reimbursement up to a limit of $70 per day. If it is anticipated
that this limit will be exceeded, then prior approval by the City Manager or his/her designee is
required. The City Manager or his/her designee may approve such additional expenditures,
within the limits of his/her expenditure authority, as necessary.
3.The city will not reimburse the cost of alcoholic beverages.
4.Reasonable amounts for tipping will be reimbursed, however, reimbursement for tips will not be
made in excess of 20%.
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