Loading...
HomeMy WebLinkAboutMedlin & Associates Inc; 2007-01-08;AGREEMENT FOR ACOUSTICAL CONSULTANT SERVICES Medlin & Associates, Inc. THIS AGREEMENT is made and entered into as of the (} _ day of 200*7,' by and between the CITY OF CARLSBAD, a municipal c6rporation("Cit^, and Medlin & Associates, Inc., ("Contractor"). RECITALS City requires the professional services of a consultant that is experienced in acoustical skills and services. 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 year from the date first above written. 3. Compensation. The total fee payable for the Services to be performed will not exceed three thousand dollars ($3,000). 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 in whole or in part by any willful misconduct or negligent act or omission of the Contractor, any subcontractor, anyone 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 #04.04.02 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-:V in an amount of not less than five hundred thousand dollars ($500,000) 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 and Automobile 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 #04.04.02 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. CITY OF CARLSBAD, a municipal corporation of the State of California (sign herej n/Wlih (printjfeme/title) (e-mail address) *By: City Manager or Mayor ATTEST: LORRAINE M. WOOD City Clerk (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: RONAL Jorney Deputy City Attorney City Attorney Approved Version #04.04.02 EXHIBIT "A" SCOPE OF SERVICES Contractor agrees to visit the Carlsbad City Library and the Cannon Art Gallery for the purposes of conducting a review of city staff noise mitigation suggestions, to perform an inspection of sites, and to prepare a letter of findings with potential noise mitigation ideas. Contractor agrees to perform the work in a timely manner as requested by the city staff. Contractor agrees to perform these services at a cost of $2,826, plus reimburseable expenses for notary services at cost, with the total contract cost not to exceed $3,000. Please see attached Consultant's Basic Scope of Services, Consultant's Additional Services, Consultant's Excluded Services, and Consultant's Fee Schedule. City Attorney Approved Version #04.04.02 Medlin & Associates, inc. Acoustical Consultants 11 September 2006 Exhibit A: Consultant's Basic Scope of Services Project Description: Acoustical Consultation to address noise issues in Dove Library and adjacent Art Gallery. Consultant will provide the following Basic Scope of Services: 1. Consultant will meet with client to review findings of Library Staff Focus Group suggestions regarding library noise and reverberation issues. 2. Consultant will perform a site inspection of library and art gallery. Reverberation time measurements will be taken as necessary. As necessary, room ambient noise measurements will be taken. Please be advised for Consultant to take accurate noise or reverberation measurements, the library and gallery must be closed to general staff and public. Other than a few test participants, the tested room must be unoccupied during testing. Test staff should include any library maintenance personnel who can turn library or gallery equipment on and off as necessary. Reverberation measurements include Very Loud impulsive "balloon burst" noises and test participants are advised to wear hearing protection. 3. In Library the Consultant's main focus will be to reduce voice sound transmission from the upstairs "reference area" to the downstairs "book check out" area. In the Gallery, Consultant's main focus will be to reduce overall room reverberation. Other noise issues can be prioritized and addressed as time and budget allows. 4. Consultant will prepare a letter of findings to suggest conceptual methods (to be incorporated into the project plans by the Client's architect) to mitigate the unwanted sound transmission in the library and to lower the reverberation in the art gallery. Consultant will provide up to a maximum of 16 hours of acoustical consulting services to address library and gallery acoustical issues. Client is advised that it may not be possible to mitigate all issues of concern by library staff in the Basic Scope of Services. Exhibit B: Consultant's Additional Services Additional services must be agreed to in writing by Addendum. If agreed to in writing, Consultant will provide the following Additional Services on a time-and-material basis in accordance with the terms and condition of this Agreement including Exhibit D: Consultant's Fee Schedule. Mileage to and from library is waived on this project. 1. Attendance at meetings beyond initial meeting. 2. Response to Comments 3. Acoustical Services beyond the 16 hours of Basic Services 4. Post-treatment testing Exhibit C: Consultant's Excluded Services The following services are specifically excluded: 1. Construction observation 2. Construction noise assessment 3. Mitigation Design Services or AutoCAD services. 760-930-6515 phone P.O. Box 130941, Carlsbad, CA 92013-0941 medlin-acoustics@znet. com www. medlin-acoustics. com -cont- This fee schedule contains confidential and proprietary information. Do not distribute without prior written permission of Medlin & Associates, Inc. Exhibit D: Consultant's Fee Schedule. Services are provided on a time-and-materials basis according to the following schedule, terms and conditions: Labor Category Acoustical Consultant Rate/hour $ 163.00 PROJECT EXPENSES and ADDITIONAL COSTS: Cost plus 15%; See Below LABOR RATES and HOURS: EXPERT WITNESS PREMIUM Labor rates apply to work time, consultation, testing, travel time (portal to portal), and time spent in public hearings and meetings. Labor hours will be billed at one and one-half (1.5) times the standard billing rate for work provided outside normal working hours. Normal working hours are 8 a.m. to 5 p.m. Monday through Friday. We reserve the right to charge a premium for expert witness services. RETAINER A retainer is required prior to the start of services. PROJECT EXPENSES and ADDITIONAL CHARGES: Project expenses will be billed at cost plus fifteen percent (15%) administrative fee. These include, but are not limited to, reproduction of documents, reports and/or drawings, photographic supplies, materials, equipment, specialized instrumentation, shipping, courier service, long-distance telephone calls, travel & subsistence (other than local travel charges as detailed below), insurance, miscellaneous fees, subcontractors, outside services support (for example, traffic counters, specialized graphics or aerial photography). OTHER LOCAL TRAVEL EXPENSES Local automobile travel (within the U.S.) within 200 miles of Carlsbad, California will be charged at a rate of $0.75 per mile. Parking charges and tolls for local travel are billed at cost. Automobile mileage, parking charges, and tolls to support local travel is not subject to the 15% administrative fee. EQUIPMENT. INSTRUMENTIQN. COMPUTERS & SOFTWARE EXPENSES: Medlin charges a daily rate of $50.00 per sound level meter and $100.00 per frequency/vibration analyzer, which is not subject to the 15% fee. Additional equipment and/or instrumentation required for completion of projects will be charged at cost plus 15% as a project expense. Computer usage of hardware and software, owned by Medlin & Associates Inc., is included in the labor rate and not subject to the 15% fee. Additional hardware and/or software that is required to complete each project will be charged at cost plus 15% as a project expense. This fee schedule contains confidential and proprietary information. Do not distribute without prior written permission of Medlin & Associates, Inc. Medlin & Associates, Inc. 2/2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ss@s@sas»s@Sig^^ . State of California County o On personally if Officer (e.g., "Jane Doe, Notary Public") NICOLE ROSANO Commission # 1692973 Notary Pubflc - CofJfomta San Diego Courrty MyCcxmi.ExpfeesSeplO.2010 Place Notary Seal Above D personally known to me to me on the basis of satisfactory evidence to be the pefsoo(s) whose nS5fe(s^fj^are subscribed to the within instrument and acknowledged to me that he/slSfthey executed the same in his/fie#their authorized <cSpac5y(ies). and that byhis/63>/their ^naiDJ;e(s) on the instrument the •peisofys), or the entity upon behalf of which the(p^rioh(s) acted, executed the instrument. OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date:Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer Is Representing: Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing: RIGHT THUMBPRINTOF SIGNER Top of thumb here © 2004 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 Item No. 5907 Reorder: Call Toll-Free 1 -800-876-6827