HomeMy WebLinkAboutAmbler, David W. PLS; 2010-07-14; PWENG772PWENG772
AGREEMENT FOR THE PREPARATION OF MAPPING MANUAL SERVICES
(DAVID W. AMBLER, PLS)
THIS AGREEMENT is made and entered into as of the / </ day of
2010, by and between the CITY OF CARLSBAD, a municipal
IJCity"), and David W. Ambler, PLS, a sole proprietor, ("Contractor").
RECITALS
City requires the professional services of a professional land surveyor that is
experienced in preparing mapping manuals specific to Final Map and Parcel Map Title sheets.
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 (1) year from the date first
above written.
3. Compensation. The total fee payable for the Services to be performed will be eight
thousand dollars ($8,000). 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 attorneys 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.
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
City Attorney Approved Version #05.06.08
authorized to transact the business of insurance in the State of California which has a current
rating in the Best's Key Rating guide of at least A-:VII OR with a surplus line insurer on the State of
California's List of Eligible Surplus Line Insurers (LESLI) with a rating in the latest Best's Key Rating
Guide of at least "A:X", in an amount of not less than one million dollars ($1,000,000) each, unless
otherwise authorized and approved by the City Attorney 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. Contractor will furnish certificates of
insurance to the Contract Department, with endorsements to City prior to City's execution of this
Agreement.
7. Conflict of Interest. City will evaluate Contractor's duties pursuant to this Agreement to
determine whether disclosure under the Political Reform Act and City's Conflict of Interest Code
is required of Contractor or any of Contractor's employees, agents or subcontractors. Should it
be determined that disclosure is required, Contractor or Contractor's employees, agents, or
subcontractors will complete and file with the City Clerk those schedules specified by City and
contained in the Statement of Economic Interests Form 700.
8. 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.
9. 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.
10. 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.
11. Venue and Jurisdiction. 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.
12. 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.
13. 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.
City Attorney Approved Version #05.06.08
14. 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
DAVID W. AMBLER, PLS,
a sole proprietor
CITY OF CARLSBAD, a municipal
corporation of the State of California
City/#l'anager-or Mayor
(print name/titfe)
ATTEST:
(e-mail address)
'By:
(sign here)-ORRAjNJE M.
City Clerk
(print name/title)
(e-mail address)
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.
Chairman,
President, or
Vice-President
*Group B.
Secretary,
Assistant Secretary,
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:
RONALD R. BALL, City Attorney
Deputy City Attorney
City Attorney Approved Version #05.06.08
Exhibit "A"
SCOPE OF SERVICES
Services Provided
The following services are included within this scope of the contract:
• Assist the City of Carlsbad with the preparation of a Mapping Manual specific to Final
Map and Parcel Map title sheets.
• Attend meetings with key City staff to exchange information and obtain feedback.
(Estimated two meetings per month)
• Provide the City with written documentation in digital format.
Rate
The hourly rate is $100.00 (one-hundred dollars). The hourly rate includes cost of mileage,
telephone expenses, and minor printing and copying costs.
Assumptions
For existing documentation currently used by the City of Carlsbad, it is the intention of this
manual to make reference to the documentation rather than recreate it. This documentation
includes the County of San Diego Mapping Manual, City's Municipal Code, City standards, the
Subdivision Map Act, the Land Surveyor's Act, Streets and Highway Code, California Civil Code,
and others.
The City of Carlsbad will provide contactor with AutoCAD drafting support as needed.
WAIVER REQUEST FORM
FACTORS IN SUPPORT OF REQUEST TO MODIFY INSURANCE REQUIREMENT(S)
Generally, a modification to the coverage requirement will be accepting a lower limit of coverage or waiving the
requirement(s).
Requested by:
(Name and Department
(?/28\O
(Date*
Proposed modification(s) to the QM&V&j ItdvM requirement(s) for
of insurance)/(Name of contrac
I I Reduce coverage to the amount of: $
IXl Waive coverage
D Other:
FACTOR(S) IN SUPPORT OF MODIFICATION(S)
(check those that apply)
^Significance of Contractor: Contractor has previous experience with the City that is important to th
efficiency of completing the scope of work and the quality of the work-product., [explain] (^
T
[^Significance of Contractor: Contractor has unique skills and there are few if any alternatives, [explain
include number of candidates RFP sent to and numben responded, if apKlicableJ .•^fMtd ' anf ' 4>jt/,j<d M J •a^ial ftvi&f fMffiiiue. &- G& af^At Cxt
p&ttxw\£fi
^Contract Amount/Term of Contract: $ffOCG '— Work will be completed over a period of Jui
[^Professional Liability coverage is not available to this contractor or would increase the cost of the contract by
$ _ [explain], _
I^Other (e.g. explain why exposures are minimal, how exposures are covered in another policy, exposure
control mechanisms, and any other information pertinent to your request): pyhfYdL*. dffi<r' /6 /O(jD.
Approved by Risk Manager for this contract only:
(Signature)(Date)
H:\WORD\Insurance\Admin Order #68.doc
06/15/2006 27
CERTIFICATE OF EXEMPTION
WORKERS' COMPENSATION/EMPLOYERS' LIABILITY INSURANCE
I, DAVID W. AMBLER, am the owner and sole proprietor of DAVID W. AMBLER,
PLS. I hereby certify that DAVID W. AMBLER, PLS has no employees and is
not required by law to maintain workers' compensation or employers' liability
insurance. Should DAVID W. AMBLER, PLS employ any person during the term
of the Agreement with the City of Carlsbad for the PREPARATION OF MAPPING
MANUAL SERVICES, then workers' compensation and employers' liability
insurance will be obtained.
DAVID W. AMBLER
Name
Signature7
Owner of
DAVID W. AMBLER, PLS
CALIFORNIA ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
State of California
County of
before "P.
'•s.
£>
(Here insert name and title of the officer)
personally appeared
who proved to me on the basis of satisfactory evidence to be the person. whose nameV is/aj£ subscribed to
the within instrument and acknowledged to me that he/skp/tbiy executed the same in >nis/tt&/tt»ir authorized
4 / S jt ' * J 'capacity(res), and that by his/ty^thjgioignature£s)j>n the instrument the personm. or the entity upon behalf of
which the person^acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph
is true and correct.
and official seal.
(Notary Seal)
DARYL D. FRANCE
Commission # 1795363
Notary Public - California
San Olego County
My Cornm. Expires May 3,2012
\
ADDITIONAL OPTIONAL INFORMATION
DESCRIPTION OF THE ATTACHED DOCUMENT
fel 1U/g 3WM/rt7flV ffj-
(Title or description of attached document)
(Title or description of attached document continued)
*?Number of Pages _^ Document Date
(Additional information)
CAPACITY CLAIMED BY THE SIGNER
D Individual (s)
D Corporate Officer
D
D
D
D
(Title)
Partner(s)
Attorney-in-Fact
Trustee(s)
Other
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appears above in the notary section or a separate acknowledgment form must be
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acknowledgment verbiage as may be printed on such a document so long as the
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signer(s) personally appeared before the notary public for acknowledgment.
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•> Additional information is not required but could help to ensure this
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