HomeMy WebLinkAboutSimon Wong Engineering; 2015-04-27; TRAN1193TRAN 1193
AGREEMENT FOR PAVEMENT AND PARKING LOT ASSESSMENT SERVICES
SIMON WONG ENGINEERING
^REEMENT is made and entered into as of the ^ ^-^^ day of
2015. by and between the CITY OF CARLSBAD, a municipal
cdTpdration, ("City"), and SIMON WONG ENGINEERING, a wholly-owned subsidiary of
KLEINFELDER, INC., a Califomia corporation ("Contractor^).
RECITALS
City requires the professional services of a civil engineering consultant that is experienced
in pavement maintenance and pavement assessment services and 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 sixty (60) days from the date first above written.
3. COMPENSATION
The total fee payable for the Services to be perfomied will be made on a time and materials basis
for an amount not to exceed seven thousand five hundred dollars ($7,500). 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 wiil 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, attomey'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 ofthis Agreement.
City Attorney Approved Version 1/30/13
TRAN 1193
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 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 Risk IVIanager or the City IVIanager. 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 ofthis 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. Contractor will furnish certificates of insurance
to the Contract Department, with endorsements to City priorto City's execution ofthis Agreement.
7. 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 four categories.
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 Califomia False Claims Act, Government Code sections 12650, et
sec, and Carlsbad Municipal Code Sections 3.32.025, et sec. Contractor further acknowledges
that debarment by another jurisdiction is grounds for the City of Carlsbad to temiinate this
Agreement.
11. 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,
Califomia.
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 1/30/13
TRAN 1193
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
SIMON WONG ENGINEERING, a wholly-
owned subsidiary of KLEINFELDER^
INC., aj3alifomia;qorporation^
By-
CITY OF CARLSBAD, a municipal
corporation of the State of Califomia
Public Work's Director
Patrick Thomas
Marc Mclntyre, P.E., Vice President
(print name/titie)
Simon Wong, S.E., Assistant Secretary
(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.
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 corporafion.
APPROVED AS TO FORM:
CELIA A. BREWER, City Attorney
Assistant City Attorr^ey
City Attorney Approved Version 1/30/13
TRAN 1193
EXHIBIT "A"
SCOPE OF SERVICES
Contractor shall perform parking lot assessments generally at the city owned facilities identified
in the table below. Some facilities may be deleted from the list, final list to be presented at the
time of the initial kick-off meetings. Contractor shall document and report out on the condition of
pavement, striping, curbs, sidewalks, and lighting fixtures in each ofthe lots. Estimated quantities
of necessary repairs as well as recommendations for repairs will be completed during
assessments and included in the assessment report.
Work will be performed on a time & materials basis with a not to exceed amount of $7,500.00.
Estimated costs of service
Civil Field Inspector 36 hours (g $150/hr $5,400.00
City Meetings 6 hours @ $150/hr $900.00
Report Preparation 8 hours (5) $150/hr $1.200.00
Total Not To Exceed $7,500.00
Parking Lot Facilities:
Facility Address
Total
Asphalt
sq. ft.
Stagecoach Park 3420 Camino de los Coches 91,080
State St, south of CVD 3045 State St. 16,117
Calavera Hills Park 2997 Glasgow Drive 57,820
State/Grand, Fountain Lot 2897 State St. 10,000
Poinsettia Park 6651 Hidden Valley Road 181,728
Visitors Center/Train Depot 454 Carlsbad Village Dr
Magee Park 258 Beech Avenue 6,500
Hidden Canyon Park 2685 Vancouver St. 5,490
Washington and Oak Lot 3090 Washington 12,600
City Hall Complex 1200 Carlsbad Village Drive 46,100
CVD & Roosevelt 2989 Roosevelt 20,000
Duck Observation Area Jefferson at Marron (NW
corner) 18,600
City Attorney Approved Version 1/30/13
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Fire Station #1 1275 Carlsbad Village Drive 7,560
Fire Station #4 6885 Batiquitos Lane 4,104
Fire Station #5 2540 Orion Way
Harding Center - West 3075 Harding Street 7,020
Harding Parking Lot 3053 Harding St. 12,632
Holiday Park 3200 Pio Pico Drive 31,600
Hosp Grove Lot 2600 Monroe/Wickham Way 20,000
Hosp Grove Park Marron Road/Jefferson 11,392
La Costa Canyon Park 3020 Pueblo Street 9,700
Old RR Depot 400 Carlsbad Village Drive 20,187
Parks Maintenance Yard 1166 Carlsbad Village Drive 37,800
Pine Park concrete 3333 Harding Street 39,680
Pine Park East 3333 Harding Street 16,300
Pio Pico Park 2600 Pio Pico Dr. 1,120
Roosevelt St, across
Housing 2936 Roosevelt 21,344
Roosevelt Street 2950 Grand Avenue (NE
corner) 15,410
Roosevelt Street 2970 Grand Avenue (Mid
Block) 19,260
Rotary Park 2928 Washington 8,200
Safety Center 2560 Orion Way 121,977
Senior Center 799 Pine Street 28,300
Skate Park 2560 Orion Way 2,016
State Street 3025 to 3075 State Street 12,544
Swim Complex 3401 Monroe 22,941
Water District/CM&I 5950 El Camino Real 27,220
City Attorney Approved Version 1/30/13