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HomeMy WebLinkAbout1985-12-17; City Council; 8439; Annual Contract for Surveying ServicesC\T OF CARLSBAD — AGEND/ 1ILL AR# f*/3j MTG.12/17/85 DEPTENG TITLE: Annual Contract for Surveying Services DFPT HOSJ^D CITY ATTvV^O CITY MGRJ2L__ RECOMMENDED ACTION: By motion adopt Resolution No. ^X3°O approving two agreements for surveying services and authorizing the Mayor to execute same. ITEM EXPLANATION; There is a need for surveying services in the design of every CIP project. Currently these are being done by the design engineer. If the City has a separate consultant for surveying already on board, the initial survey work can be expedited and the projects accomplished sooner. Additionally, there is a need to check contractors' surveyors and perform survey work for various departments that is not connected to a CIP project. Requests for proposals were sent to eleven firms, four were selected for interviews by the consultant selection committee. After careful consideration of each firm, the committee selected Rick Engineering, Inc. and Gold Coast Surveying, Inc. as the most qualified and best able to meet the City's needs. The recommended consultant agreements cover annual surveying services. Two separate firms-Rick Engineering and Gold Coast Surveying, Inc.-have been selected by the selection committee to perform various survey services as required. The firms will be primarily utilized within Municipal Projects and New Development Divisions for surveying services listed in consultant scope of work . FISCAL IMPACT: OLU a.a. Occasional small expenditures for non-CIP related surveying services will be charged against various Department's Professional Services Accounts who request the services. CIP related services will be charged directly to each individual project account. Sufficient funds have been appropriated as part of Departmental Budgets or individual CIP Project Accounts and are available in the respective accounts. A Maximum Blanket Purchase Order for an annual amount not to exceed $25,000 will be issued to each firm and will be monitored/administered by the City Engineer. U EXHIBITS: Resolution No. agreements for surveying to execute. > O approving two consultant services and authorizing the Mayor OU PROGRAMS AND MISCELLANEOUS NON C.I.P. WORK 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 8300 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING AGREEMENTS BETWEEN THE CITY OF CARLSBAD AND RICK ENGINEERING, INC. AND GOLD COAST SURVEYING, INC. FOR ANNUAL SURVEYING SERVICES FOR 1985-86 CAPITAL IMPROVEMENT The City Council of the City of Carlsbad, California, does hereby resolve as follows: 1. That an agreement between the City of Carlsbad and Rick Engineering, Inc. for surveying services a copy of which is attached (Attachment A)and made a part hereof, is hereby approved. 2. That an agreement between the City of Carlsbad and Gold Coast Surveying, Inc., for surveying services, a copy of which is attached (Attachment B)and made a part hereof, is hereby approved. 3. That the Mayor of the City of Carlsbad is hereby authorized and directed to execute said agreements for and on behalf of the City of Carlsbad. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 17th day of December , 1985 by the following vote, to wit: AYES: Council Members Casler, Lewis, Kulchin, Chick and Pettine NOES: None ABSENT: None U MARY H. CASLER, Mayor ATTEST: ARETHA L. RAUTENKfiANZ, City Clerk KAREN R. KUNDTZ, Deputy (SEAL) AGREEMENT FOR ANNUAL SURVEYING SERVICES THIS AGREEMENT, made and entered into as of the day of , 19 , by and between the.CITY OF CARLSBAD, a municipal corporation, hereinafter referred to as "City," and RICK ENGINEERING, INC. hereinafter referred to as "Consultant." RECITALS City requires the services of RICK ENGINEERING, INC. to provide the necessary annual land surveying services for various municipal projects. Consultant possesses the necessary skills and qualifications to provide the services required by City; NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and a Consultant agree as follows: 1 . CONSULTANT'S OBLIGATIONS Consultant shall provide: A. General Survey Services pursuant to the City Engineer's direction. The consultant shall provide such services in conformance with the best and most current surveying standards and practices. The consultant shall certify the accuracy of the surveys. The consultant shall perform the work as an independent contractor of the City subject only to the general direction of the City Engineer as to the survey task to be done. Services included in this contract may include: - 2 - 1. Preliminary/Feasibility Surveys 2. Design surveys. a. Aerial b. Topographical 3. Construction Surveys 4. Reestablishment/verification/sett ing of monuments and bench marks. 5. Technical records research at county surveyor's office at the City's request. 6. Technical preparation of legal descriptions, deeds, plats and records of survey. 2. CITY OBLIGATIONS The City shall provide to the consultant for each project or survey task: A. . Scope of Work B. Preliminary plan showing limits of work and any necessary research records or data. C. Necessary time schedules. D. Required format and content of individual project invoices for work assigned. E. Survey data/note format. - 3 - 3. PROGRESS AND COMPLETION The services under this•Contract will begin within twenty- four (24) hours after receipt of notification to proceed by the City, shall run for a period of twelve (12) consecutive calendar months and be renewable, at the City's option, for a maximum of three (3) years. After each twelve (12) month period, the City shall evaluate the need to adjust the hourly rate and miscellaneous fee schedule. 4. FEES TO BE PAID TO CONSULTANT Fees shall be according to the hourly rate and miscellaneous fee schedule attached as Exhibit "A" 5. PAYMENT OF FEES Payment of fees shall be within thirty (30) days after delivery of data, maps, documents or other materials as required by the City Engineer in the Scope of Work for each individual work assignment. 6. CHANGES IN WORK »• If, in the course of this Contract, changes seem merited by the Consultant or the City, and informal consultations with the .* other party indicate that a change in the conditions of the Contract is warranted, the Consultant or the City may request a change in Contract. Such changes shall be processed by the City in the following manner: A letter outlining the required changes shall be forwarded to the City or Consultant to inform them of the - 4 - proposed changes along with a statement of estimated changes in charges or time schedule. After reaching mutual agreement on the proposal, a supplemental agreement shall be prepared by the City and approved by the City Engineer. Such supplemental agreement shall not render ineffective or invalidate unaffected portions of the agreement. Changes requiring immediate action by the Consultant or City shall be ordered by the City Engineer who will inform a principal of the Consultant's firm of the necessity of such action and follow up with a supplemental agreement covering such work. 7. STANDARDS The Consultant, if required by the City Engineer, shall prepare plans and specifications in accordance with the design standards of the City of Carlsbad and recognized current design practices. Applicable City of Carlsbad Standards and Regional Standards shall be used where appropriate. Copies of such standards shall be obtained from the City of Carlsbad. All survey work shall be accomplished in accordance with the best current recognized survey practices. 8. COVENANTS,AGAINST.CONTINGENT FEES The Consultant warrants that their firm has not employed or retained any company or person, other than a bona fide employee working for the Consultant, to solicit or secure this agreement, and that Consultant has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration - 5 - contingent upon, or resulting from, the award or making this agreement. For breach or violation of this warranty, the City shall have the right to annul this agreement without liability, or, in its discretion, to deduct from the agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 9. NONDISCRIMINATION CLAUSE The Consultant shall comply with the State and Federal Laws regarding nondiscrimination. 10. TERMINATION OF CONTRACT Subject to the provisions of Paragraph 11, in the event of the Consultant's failure to prosecute, deliver, or perform the work as provided for in this Contract, the City may terminate this Contract for nonperformance by notifying the Consultant by certified mail of the termination of the Contract. The Consultant, thereupon, has five (5) working days to deliver said documents owned by the City and all work in progress to the City Engineer. The City Engineer shall make a determination of fact based upon the documents delivered to City of the percentage of work which the •* Consultant has performed which is usable and of worth to the City in having the Contract completed. Based upon that finding as reported to the City Council, the Council shall determine the final payment of the Contract. - 6 - 11. DISPUTES If a dispute should arise regarding the performance of work under this agreement, the following procedure shall be used to resolve any question of fact or interpretation not otherwise settled by agreement between parties. Such questions, if they become identified as a part of a dispute among persons operating under the provisions of this Contract, shall be reduced to writing by the principal of the Consultant or the City Engineer. A copy of such documented dispute shall be forwarded to both parties involved along with recommended methods of resolution which would be of benefit to both parties. The City Engineer or principal receiving the letter shall reply to the letter along with a recommended method of resolution within ten (10) days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the dispute shall be forwarded to the City Council for their resolution through the Office of the City Manager. The City Council may then opt to consider the directed solution to the problem. In such cases, the action of the City Council shall be binding upon the parties involved, although nothing in this t procedure shall prohibit the parties seeking remedies available to them at law. 12. RESPONSIBILITY OF THE CONSULTANT The Consultant is hired to render professional surveying services and any payments made to Consultant are compensation solely for such services. Consultant shall certify as to the correctness of all work and sign all documents with a Registered - 7 - Land Surveyors number or Registered Civil Engineers number if the Engineering certification includes survey authorization. 13. SUSPENSION OR TERMINATION OF SERVICES This agreement may be terminated by either party upon tendering thirty (30) days written notice to the other party. In the event of such suspension or termination, upon request of the City, the Consultant shall assemble the work product and put same in order for proper filing and closing and deliver said product to City. In the event of termination, the Consultant shall be paid for work performed to the termination date at the rate set in the agreement; however, the total shall not exceed the guaranteed total maximum. The City shall make the final determination as to the portions of tasks completed and the compensation to be made. 14. STATUS OF THE CONSULTANT The Consultant shall perform the services provided for herein in Consultant's own way as an independent Contractor and in pursuit of Consultant's independent calling, and not as an employee of the City. Consultant shall be under control of the City only as to the result to be accomplished and the personnel assigned to the .» project, but shall consult with the City as provided for in the request for proposal. 15. CONFORMITY TO LEGAL REQUIREMENTS The Consultant shall cause all drawings and specifications to conform to all applicable requirements of law: Federal, State, and local. Consultant shall provide all necessary supporting documents, to be filed with any agencies whose approval is necessary. - 8 - 16. OWNERSHIP OF-DOCUMENTS All plans, studies, sketches, drawings, reports, and specifications as herein required are the property of the City, whether the work for which they are made be executed or not. In the event this Contract is terminated, all documents, plans, specifications, drawings, reports, and studies shall be delivered forthwith to the City. Consultant shall have the right to make one (1) copy of the plans for his/her records. 17. HOLD HARMLESS AGREEMENT The City, its agents, officers, and employees shall not be liable for any claims, liabilities, penalties, fines, or any damage to goods, properties, or effects of any person whatever, nor for personal injuries or death caused by, or resulting from, or claimed ./?i'q/Scjc-ir fT"S-to have been caused by, or resulting from, the/performance of work under the contract or from any act or omission of Consultant or Consultant's agents, employees, or representatives. Consultant agrees to defend, indemnify, and save free and harmless the City and its authorized agents, officers, and employees against any of the foregoing liabilities or claims of any kind and any cost and expense that is incurred by the City on account of any of the foregoing liabilities, including liabilities or claims by reason of the performance of work under this contract or of alleged defects in any plans and specifications, unless the liability or claim arises out of, or, is due solely to the City's negligence. The contractor shall carry insurance nameing the City as an additional insured covering the liabilities stated in this paragraph. The insurance shall be in an amount of not less than $1 - 9 - million per occurrence and shall contain a waiver of any rights the insurer may have to subrogate against the City. 18. ASSIGNMENT OF-CONTRACT The Consultant shall not assign this Contract or any part thereof or any monies due thereunder without the prior written consent of the City. 19. SUBCONTRACTING If the Consultant shall subcontract any of the wotk to be performed under this Contract by the Consultant, Consultant shall be fully responsible to the City for the acts and omissions of Consultant's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Consultant is for the acts and omissions of persons directly employed by Consultant. Nothing contained in this Contract shall create any contractual relationship between any subcontractor of Consultant and the City. The Consultant shall bind every subcontractor and every subcontractor of a subcontractor by the terms of this Contract applicable to Consultant's work unless specifically noted to the contrary in the subcontract in question approved in writing by the City. 20. PROHIBITED INTEREST No official of the City who is authorized in such capacity on behalf of the City to negotiate, make, accept, or approve, or take part in negotiating, making, accepting, or approving of any architectural, engineering inspection, construction or material supply Contractor, or any subcontractor in connection with the - 10 - required services, shall become directly or indirectly interested personally in this Contract or in any part thereof. No officer, employee, architect, attorney, engineer, or inspector of or for the City who is authorized in such capacity and on behalf of the City to exercise any executive, supervisory, or other 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 modify any of the terms or obligations herein contained nor such verbal agreement or conversation entitle the Consultant to any additional payment whatsoever under the terms of this Contract. 22. SUCCESSORS OR ASSIGNS Subject to the provisions of Paragraph 18, "Hold Harmless Agreement", all terms, conditions, and provisions hereof shall inure to and shall bind each of the parties hereto, and each of •* their respective heirs, executors, administrators, successors, and assigns. 23. CONFLICT OF INTEREST Unless exempted from the disclosure requirementss by the City of Carlsbad Conflict of Interest Code, the Consultant shall file a Conflict of Interest Statement with the City Clerk of the City of Carlsbad in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. - 11 - IN WITNESS WHEREOF, we have hereunto set our hands and seals. RICK ENGINEERING, INC. CITY OF CARLSBAD: By Title MARY H. CASLER, Mayor APPROVED AS TO FORM: ATTESTED: VINCENT F. BluNDorJR. , ALETHA L. RAUTFNKR ANZ7 City Attorney City Clerk EXHIBIT "A" RICK ENGINEERING COMPANY JULY 27, 1985 £ £ £ £ ! H 1 £ 2 £ £ i X £ A T E_ £ Through January 27, 1986 Office PRINCIPAL CONSULTANT (Special Projects) $125 PRINCIPAL " $ 73 PRINCIPAL PROJECT ENGINEER/MANAGER $ 66 ASSOCIATE PROJECT ENGINEER/MANAGER $60 ASSISTANT PROJECT ENGINEER/MANAGER $ 55 PRINCIPAL SURVEY ANALYST* $ 65 SURVEY ANALYST* $ 53 ' PRINCIPAL ENGINEERING DESIGNER $ 48 ASSOCIATE ENGINEERING DESIGNER .... $ 44 ASSISTANT ENGINEERING DESIGNER $ 38 PRINCIPAL ENGINEERING DRAFTSPERSON $ 42 ASSOCIATE ENGINEERING DRAFTSPERSON $ 40 ASSISTANT ENGINEERING DRAFTSPERSON $ 36 ASSOCIATE PROJECT ADMINISTRATOR $ 46 ASSISTANT PROJECT ADMINISTRATOR $ 29 PRINCIPAL PROJECT PLANNER $ 63 ASSOCIATE PROJECT PLANNER $ 51 ASSISTANT PROJECT PLANNER $ 43 PRINCIPAL PLANNING DRAFTSPERSON $ 42 ASSOCIATE PLANNING DRAFTSPERSON $ 38 ASSISTANT PLANNING DRAFTSPERSON $ 34 ADMINISTRATIVE ASSISTANT $ 37 SECRETARY (Special Assignment) $ 21 ELECTRONIC COMPUTER (Hydraulic Analysis Only) $ 63 *Includes cost of computer time. Unless otherwise agreed upon, we shall charge, at cost, for blue printing and reproduction desired by the client or public agencies, deliveries, transportation, expenses and telephone calls. A ten (10J percent fee for administration, coordination and handling will be added to all subcontracted services. EXHIBIT "A" RICK ENGINEERING COMPANY OCTOBER 4, 1985 NON-UNION CURRENT HOURLY RATES Through January 27, 1986 FIELD; FIELD SUPERVISOR $ 45.00 ONE-MAN SURVEY PARTY $ 45.00 TWO-MAN SURVEY PARTY $ 90.00 THREE-MAN SURVEY PARTY $115.00 (The above rates include electronic data gathering equipment.) Unless otherwise agreed upon, we shall charge, at cost, for blue printing and reproduction desired by the client or public agencies, deliveries, transportation, expenses and telephone calls. A ten (10) percent fee for administration, coordination and handling will be added to all subcontracted services. AGREEMENT FOR ANNUAL SURVEYING SERVICES THIS AGREEMENT, made and entered into as of the day of , 19 , by and between the CITY OF CARLSBAD, a municipal corporation, hereinafter referred to as "City," and GOLD COAST SURVEYING, INC. hereinafter referred to as "Consultant." RECITALS "» City requires the services of GOLD COAST SURVEYING, INC. to provide the necessary annual land surveying services for various municipal projects. Consultant possesses the necessary skills and qualifications to provide the services required by City; NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and a Consultant agree as follows: 1. CONSULTANT'S OBLIGATIONS Consultant shall provide: A. General Survey Services pursuant to the City Engineer's direction. The consultant shall provide such services in conformance with the best and most current surveying standards and practices. The consultant shall certify the accuracy of the surveys. The consultant shall perform the work as an independent contractor of the City subject only to the general direction of the City Engineer as to the survey task to be done. Services included in this contract may include: - 2 - 1. Preliminary/Feasibility Surveys 2. Design surveys. a. Aerial b. Topographical 3. Construction Surveys 4. Reestablishment/verification/settinq of monuments and bench marks. 5. Technical records research at county surveyor's office at the City's request. 6. Technical preparation of legal descriptions, deeds, plats and records of survey. 2. CITY OBLIGATIONS The City shall provide to the consultant for each project or survey task: A.. Scope of Work B. Preliminary plan showing limits of work and any necessary research records or data. C. Necessary time schedules. D. Required format and content of individual project invoices for work assigned. E. Survey data/note format. - 3 - 3. PROGRESS AND COMPLETION The services under this'Contract will begin within twenty- four (24) hours after receipt of notification to proceed by the City, shall run for a period of twelve (12) consecutive calendar months and be renewable, at the City's option, for a maximum of three (3) years. After each twelve (12) month period, the City shall evaluate the need to adjust the hourly rate and miscellaneous fee schedule. 4. FEES TO BE PAID TO CONSULTANT Fees shall be according to the hourly rate and miscellaneous fee schedule attached as Exhibit "A" 5- PAYMENT OF FEES Payment of fees shall be within thirty (30) days after delivery of data, maps, documents or other materials as required by the City Engineer in the Scope of Work for each individual work assignment. 6. CHANGES IN WORK If, in the course of this Contract, changes seem merited by the Consultant or the City, and informal consultations with the other party indicate that a change in the conditions of the Contract is warranted, the Consultant or the City may request a change in Contract. Such changes shall be processed by the City in the following manner: A letter outlining the required changes shall be forwarded to the City or Consultant to inform them of the - 4 - proposed changes along with a statement of estimated changes in charges or time schedule. After reaching mutual agreement on the proposal, a supplemental agreement shall be prepared by the City and approved by the City Engineer. Such supplemental agreement shall not render ineffective or invalidate unaffected portions of the agreement. Changes requiring immediate action by the Consultant or City shall be ordered by the City Engineer who will inform a principal of the Consultant's firm of the necessity of such action and follow up with a supplemental agreement covering such work. 7. STANDARDS The Consultant, if required by the City Engineer, shall prepare plans and specifications in accordance with the design standards of the City of Carlsbad and recognized current design practices. Applicable City of Carlsbad Standards and Regional Standards shall be used where appropriate. Copies of such standards shall be obtained from the City of Carlsbad. All survey work shall be accomplished in accordance with the best current recognized survey practices. 8. COVENANTS AGAINST CONTINGENT FEES The Consultant warrants that their firm has not employed or retained any company or person, other than a bona fide employee working for the Consultant, to solicit or secure this agreement, and that Consultant has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration - 5 - contingent upon, or resulting from, the award or making this agreement. For breach or violation of this warranty, the City shall have the right to annul this agreement without liability, or, in its discretion, to deduct from the agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 9. NONDI5CRI-MINATION CLAUSE -» The Consultant shall comply with the State and Federal Laws regarding nondiscrimination. 10. TERMINATION OF CQNTRACT Subject to the provisions of Paragraph 11, in the event of the Consultant's failure to prosecute, deliver, or perform the work as provided for in this Contract, the City may terminate this Contract for nonperformance by notifying the Consultant by certified mail of the termination of the Contract. The Consultant, thereupon, has five (5) working days to deliver said documents owned by the City and all work in progress to the City Engineer. The City Engineer shall make a determination of fact based upon the documents delivered to City of the percentage of work which the E* Consultant has performed which is usable and of worth to the City in having the Contract completed. Based upon that finding as reported to the City Council, the Council shall determine the final payment of the Contract. - 6 - 11 . DISPUTES If a dispute should arise regarding the performance of work under this agreement, the following procedure shall be used to resolve any question of fact or interpretation not otherwise settled by agreement between parties. Such questions, if they become identified as a part of a dispute among persons operating under the provisions of this Contract, shall be reduced to writing by the principal of the Consultant or the City Engineer. A copy of such documented dispute shall be forwarded to both parties involved along with recommended methods of resolution which would be of benefit to both parties. The City Engineer or principal receiving the letter shall reply to the letter along with a recommended method of resolution within ten (10) days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the dispute shall be forwarded to the City Council for their resolution through the Office of the City Manager. The City Council may then opt to consider the directed solution to the problem. In such cases, the action of the City Council shall be binding upon the parties involved, although nothing in this } procedure shall prohibit the parties seeking remedies available to them at law. 12. RESPONSIBILITY OF THE .CONSULTANT The Consultant is hired to render professional surveying services and any payments made to Consultant are compensation solely for such services. Consultant shall certify as to the correctness of all work and sign all documents with a Registered - 7 - Land Surveyors number or Registered Civil Engineers number if the Engineering certification includes survey authorization. 13. SUSPENSION OR TERMINATION<OF SERVICES This agreement may be terminated by either party upon tendering thirty (30) days written notice to the other party. In the event of such suspension or termination, upon request of the City, the Consultant shall assemble the work product and put same in order for proper filing and closing and deliver said product to City. In the event of termination, the Consultant shall be paid for work performed to the termination date at the rate set in the agreement; however, the total shall not exceed the guaranteed total maximum. The City shall make the final determination as to the portions of tasks completed and the compensation to be made. 14. STATUS OF THE -.CONSULTANT The Consultant shall perform the services provided for herein in Consultant's own way as an independent Contractor and in pursuit of Consultant's independent calling, and not as an employee of the City. Consultant shall be under control of the City only as to the result to be accomplished and the personnel assigned to the project, but shall consult with the City as provided for in the request for proposal. 15. CONFORMITY TO LEGAL REQUIREMENTS The Consultant shall cause all drawings and specifications to conform to all applicable requirements of law: Federal, State, and local. Consultant shall provide all necessary supporting documents, to be filed with any agencies whose approval is necessary. - 8 - 16. OWNERSHIP OF DOCUMENTS All plan's, studies, sketches, drawings, reports, and specifications as herein required are the property of the City, whether the work for which they are made be executed or not. In the event this Contract is terminated, all documents, plans, specifications, drawings, reports, and studies shall be delivered forthwith to the City. Consultant shall have the right to make one (1) copy of the plans for his/her records. 17. HOLD HARMLESS AGREEMENT 'The City, its agents, officers, and employees shall not be liable for any claims, liabilities, penalties, fines, or any damage to goods, properties, or effects of any person whatever, nor for personal injuries or death caused by, or resulting from, or claimed to have been caused by, or resulting from, the performance of work under the contract or from any act or omission of Consultant or Consultant's agents, employees, or representatives. Consultant agrees to defend, indemnify, and save free and harmless the City and its authorized agents, officers, and employees against any of the foregoing liabilities or claims of any kind and any cost and •* expense that is incurred by the City on account of any of the foregoing liabilities, including liabilities or claims by reason of the performance of work under this contract or of alleged defects in any plans and specifications, unless the liability or claim arises out of, or, is due solely to the City's negligence. The contractor shall carry insurance nameing the City as an additional insured covering the liabilities stated in this paragraph. The insurance shall be in an amount of not less than $1 - 9 - million per occurrance and shall contain a waiver of any rights the insurer may have to subrogate against the City. 18. ASSIGNMENT OF CONTRACT The Consultant" shall not assign this Contract or any part thereof or any monies due thereunder without the prior written consent of the City. 19. SUBCONTRACTING If the Consultant shall subcontract any of the work to be performed under this Contract by the Consultant, Consultant shall be fully responsible to the City for the acts and omissions of Consultant's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Consultant is for the acts and omissions of persons directly employed by Consultant. Nothing contained in this Contract shall create any contractual relationship between any subcontractor of Consultant and the City. The Consultant shall bind every subcontractor and every subcontractor of a subcontractor by the terms of this Contract applicable to Consultant's work unless specifically noted to the contrary in the subcontract in question approved in writing by the City. 20. PROHIBITED INTEREST No official of the City who is authorized in such capacity on behalf of the City to negotiate, make, accept, or approve, or take part in negotiating, making, accepting, or approving of any architectural, engineering inspection, construction or material supply Contractor, or any subcontractor in connection with the - 10 - required services, shall become directly or indirectly interested personally in this Contract or in any part thereof. No officer, employee, architect, attorney, engineer, or inspector of or for the City who is authorized in such capacity and on behalf of the City to exercise any executive, supervisory, or other 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 CONVERSE?ION 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 modify any of the terms or obligations herein contained nor such verbal agreement or conversation entitle the Consultant to any additional payment whatsoever under the terms of this Contract. 22. SUCCESSORS OR ASSIGNS Subject to the provisions of Paragraph 18, "Hold Harmless Agreement", all terms, conditions, and provisions hereof shall inure to and shall bind each of the parties hereto, and each of # their respective heirs, executors, administrators, successors, and assigns. 23. CONFLICT OF INTEREST Unless exempted from the disclosure requirementss by the City of Carlsbad Conflict of Interest Code, the Consultant shall file a Conflict of Interest Statement with the City Clerk of the City of Carlsbad in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. - 11 - IN WITNESS WHEREOF, we have hereunto set our hands and seals. GOLD COAST SURVEYING, INC. CITY OF CARLSBAD: By Title MARY H. CASLER, Mayor APPROVED AS TO FORM: ATTESTED: VINCENT F. BIONDO, 3R., ALETHA L. RAUTENKRANZ, City Attorney City Clerk EXHIBIT "A" GOLD COAST SURVEYING, INC. B^ P.O. BOX 1876 VISTA, CALIFORNIA 92M3 (619) 756-7732 EXHIBIT "A" RATES EFFECTIVE MARCH 1, 1985 CLASSIFICATION ACTIVITY HOURLY CODE RATE SURVEYING - OFFICE; DRAFTSPERSON 01 $ 26.00 SENIOR DRAFTSPERSON 02 34.00 ASSISTANT LAND SURVEYOR 03 44.00 ASSOCIATE LAND SURVEYOR 04 50.00 SENIOR LAND SURVEYOR 05 • 60.00 SURVEYING - FIELD: SURVEY PARTY OF ONE 06 $ 50.00 SURVEY PARTY OF TWO 07 88.00 .SURVEY PARTY OF THREE 08 120.00 MISCELLANEOUS: ELECTRONIC TOTAL STATION HR. RATE 10 $ 20.00 COMPUTER ACCESS TIME (FOR PLOTTING AND CALCS.) 11 22.00 CLERICAL SERVICES 12 . 20.00 REIMBURSABLE EXPENSES: PRINTS/REPRODUCTION/DELIYERIES/MISC. EXPENSES 15 COST + 15% OUTSIDE CONSULTANTS 16 COST + 151 CONSULTANT: GOLD COAST SURVEYING. INC. CLIENT:_ » ov» "**?*?_ /^ s'* s^ j£ 45%. jt RY«DI . SsS.s££7f^**^ f . /i^^ej^v^. 01. DATE; s&SZjZS&'g' DATE: CLIENT WILL BE NOTIFIED OF ANY PROPOSED RATE CHANGE 30 DAYS IN ADVANCE OF EFFECTIVE DATE.