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HomeMy WebLinkAbout1989-02-21; City Council; 9863; APPROVAL OF CONSULTANT INSPECTION SERVICES AGREEMENTSP 2 0 F 0 a $ z 3 0 0 ClYOF CARLSBAD - AGENWBILL AB# ?fb3 TITLE: DEP MTG. 2-21-89 APPROVAL OF CONSULTANT INSPECTION CITI SERVICES AGREEMENTS DEPT.ENG. CITl RECOMMENDED ACTION: Adopt Resolution No. p?- +? approving Consultant Inspection Agreements. ITEM EXPLANATION: Consultant Inspection Services are required to supplement thc Construction Inspection Division staff during times of accelerated con activity. Such activity has increased during the 1988-89 fiscal ye, previous staff estimates. Inspection fee revenues have exceeded staff estimate for 1988-89 during the first seven months of this fiscal y~ Staff anticipates that the increase in activity will continue at a st and has made a request for proposals for consultant inspection Proposals were received from the following firms: B & B Engineer Engineering Consultants, Professional Registered Inspections, I Engineering, Willdan and Associates, BSI Consultants, Fraser and A and Luke-Dudek Civil Engineers. Proposed rates for providing Cl Inspectors ranged from $32.00 to $59.00 per hour. Staff has reviewed the proposals, interviewed representatives of 1 and recommends that Council approve consultant agreements which wil Consultant Inspectors for $45.00 per hour with the following firms: CIA Engineering 223 E. Thousand Oaks Blvd., Ste. 304 Thousand Oaks, CA 91360 BSI Consultants 16880 West Bernard0 Drive San Diego, CA 92127 Luke-Dudek Civil Engineers 605 Third Street Encinitas, CA 92024 FISCAL IMPACT: Funds for consultant inspection services are available in Engineering Account Number 001-820-3110-2472. EXHI BITS : 1. Resol uti on No. f?* %7 approving Consultant Inspecti on 2. 3. 4. Consultant Agreement with Luke-Dudek Civil Engineers. Agreements . Consultant Agreement with CIA Engineering. Consultant Agreement with BSI Consultants. I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 e 9 RESOLUTION NO. 89-47 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING CONSULTANT INSPECTION SERVICES AGREEMENTS AND AUTHORIZING THE MAINTENANCE OF LIST OF QUALIFIED FIRMS FOR PROVIDING INSPECTION SERVICES TO THE CITY. WHEREAS, the City Manager recommends and the City Council c consultant inspection services be made available in order to t obligations; and WHEREAS, there exists a need for maintaining a list of qualifi providing Consultant Construction Inspectors. WHEREAS, satisfactory agreements have been negotiated with the Consultants, CIA Engineering and Luke-Dudek Civil Engineers. NOW, THEREFORE BE IT RESOLVED, by the City Council of the City California as follows: 1. That the above recitations are true and correct. 2. That the City Council hereby authorizes the mayor inspection services agreements with BSI Consultants, CIA Engineerir Dudek Civil Engineers. ,I PASSED, APPROVED AND ADOPTED at a regular meeting of the Ci 20 21 22 23 24 25 26 27 28 Council held on the 21st day of February , 1989 by the follow wit: AYES: Council Members Lewis, Kulchin, Pettine, Mamaux NOES: None ABSENT: None ATTEST: *%: ( EAL) KAREN R. KUND AN , City Deputy Clerk City Clerk e 0 AGREEMENT FOR INSPECTION SERVICES THIS AGREEMENT, made and entered into as of the day of - , 1989, by and between the CITY OF CARLSBAD, a municipal corpora' hereinafter referred to as "City" and CIA Engineering Consultants, herein referred to as "Consultant ,I' RECITALS City requires the services of construction inspection consultant provide the necessary consultant services on an as needed basis for inspe subdivision grading and improvements and other services required by the 1 and Consultant possesses the necessary skills and qualifications to prl the services required by City; NOU, THEREFORE, in consideration of these recitals and the mutual cove contained herein, City and Consultant agree as follows: 1. CONSULTANT'S OBLIGATIONS A. Consultant shall provide their own inspection equipment and tran tation suitable for all types of on/off road construction activi B. Consultant shall perform the following: 1. Meet with City Engineer's representative and determine pr background as well as potential problem areas or u characteristics. 2. Provide inspection to assure improvements areas being inst in accordance with approved pl ans. 1 e 0 3. 4. Notify proper authorities when violations are observed. Provide daily inspection logs in conformance with the reqi ments of the City Engineer. 5. Maintain Inspector's file on each project and make surf certifications, notes, and correspondence are entered int file. Keep up a set of Inspector's plans with all revisions and changes noted in red. 6. 7. Verify the "as-built" plans, including a cross check wit Inspector's red line plans. . 8. Respond to Citizen complaints relating to the constru improvements in accordance with City procedures. . 9. Review requested field changes and prepare recommendatio City Engineer's review and determination. Provide coordination with utility and other agencies inv in the construction. Coordinate the final inspection, including setting-up the walk through, development of punch lists, and securir agency and departmental sign-offs. Provide written certification that project has been comp in accordance with plans and specification suitablc acceptance by City. Abide by all City employee requirements as assigned by the Engineer or his designated agent. Requirements includ are not limited to assigned work hours, breaks, reportin quitting times. 10. 11. 12. 13. 2 e e 2. CITY OBLIGATIONS A. The City shall provide office space and supplies for consultar B. Nothing in this agreement shall be construed to obligate Cit provide any work to the consultant. 3. PROGRESS AND COMPLETION The work under this Agreement will begin within 15 days after consu- receive written notification from City that consultant services are needec 4. FEES TO BE PAID TO CONSULTANT Consultant shall be compensated for the actual time expended on project at the rate of $45 per hour. All work exceeding 8 hours per day ( hours per week shall be paid at the overtime rate of $67.50 per I Authorization must be obtained from the Consultant Inspector's Supervisor I to any overtime work. Payments for utilization of Consultant employees ( than inspectors will be at a rates established in the Consultant's fee schc (Exhibit A). Changes in the fee schedule must be submitted to the City Eng 30 days prior to its effective date. 5. PAYMENT OF FEES Payment of fees shall be within thirty (30) days after receipt of in\ for services from Consultant. 6. CHANGES IN WORK If, in the course of this Agreement and design, changes seem meritc the Consultant or the City, and informal consultations with the other , indicate that a change in the conditions of the Contract is warranted< Consultant or the City may request a change in Agreement. be processed by the City in the following manner: A letter outlinin< required changes shall be forwarded to the City or Consultant to inform th the proposed changes along with a statement of estimated changes in charg time schedule. After reaching mutual agreement on the proposal, a supplem agreement shall be prepared by the City and approved by the City Council. Such changes 3 e e supplemental agreement shall not render ineffective or inval idate unaffe portions of the agreement. Changes requiring immediate action by the Consul or City shall be ordered by the City Engineer who will inform a principa the Consultant’s firm of the necessity of such action and follow up wi supplemental agreement covering such work. 7. COVENANTS AGAINST CONTINGENT FEES The Consultant warrants that their firm has not employed or retainec company or person, other than a bona fide employee working for the Consult to solicit or secure this agreement, and that Consultant has not paid or as to pay any company or person, other than a bona fide employee, any fee, mission, percentage, brokerage fee, gift, or any other consideration contir upon, or resulting from, the award or making this agreement. For breac violation of this warranty, the City shall have the right to annul this agrec without liability, or, in its discretion, to deduct from the agreement pric consideration, or otherwise recover the full amount of such fee, commis: percentage, brokerage fee, gift or contingent fee. 8. NONDISCRIMINATION CLAUSE The Consultant shall comply with the State and Federal Ordinances regal nondiscrimination. 9. TERMINATION OF CONTRACT In the event of the Consultant’s failure to prosecute, deliver, or pel the work as provided for in this Agreement, the City may terminate this Agrec for nonperformance by notifying the Consultant by certified mail of the ti nation of the Agreement. The Consultant, thereupon, has five (5) working to deliver said documents owned by the City and all work in progress to the Engineer. The City Engineer shall make a determination of fact based up0 4 e 0 documents delivered to City of the percentage of work which the Consultant performed which is usable and of worth to the City in having the Agree completed. Based upon that finding as reported to the City Council, the Cou shall determine the final payment of the Agreement. Final payment shall b compl i ance with the Code of Federal Regul at i ons. 10. DISPUTES If a dispute should arise regarding the performance of work under agreement, the following procedure shall be used to resolve any question of or interpretation not otherwise settled by agreement between parties. questions, if they become identified as a part of a dispute among per operating under the provisions of this Agreement, shall be reduced to wri by the principal of the Consultant or the City Engineer. A copy of such c mented dispute shall be forwarded to both parties involved along with recommc methods of resolution which would be of benefit to both parties. The Engineer or principal receiving the letter shall reply to the letter along a recommended method of resolution within ten (10) days. If the resolution obtained is unsatisfactory to the aggrieved party, a letter outlining the di: shall be forwarded to the City Council for their resolution through the Oi of the City Manager. The City Council may then opt to consider the dirt solution to the problem. In such cases, the action of the City Council : be binding upon the parties involved, although nothing in this procedure I prohibit the parties seeking remedies available to them at law. 11. RESPONSIBILITY OF THE CONSULTANT The Consultant is hired to render professional services and any pay1 made to Consultant are compensation solely for such services. 5 e 0 12. SUSPENSION OR TERMINATION OF SERVICES This Agreement may be terminated by either party upon tendering th (30) days written notice to the other party. In the event of termination, Consultant shall be paid for work performed to the termination date. tion to be made in compliance with the Code of Federal Regulations. 13. STATUS OF THE CONSULTANT Compe The Consultant shall perform the services provided for herein in Con tant's own way as an independent contractor and in pursuit of Consulta independent calling, and not as an employee of. the City. Consultant shal under control of the City only as to the result to be accomplished and personnel assigned to the project, but shall consult with the City as prov for in the request for proposal. The Consultant is an independent contractor of the City. The payment to the Consultant pursuant to this Agreement shall be the full and comp compensation to which the Consultant is entitled pursuant to this Agreerr The City shall not make any federal or state tax withholdings on behalf of Consultant. The City shall not be required to pay any workers compensa insurance on behalf of the Consultant. The Consultant agrees to indemnifj City for any tax, retirement contribution, social security, overtime payn workers compensation payment which the City may be required to make on bc of Consultant or any employee of Consultant for work done under this Agreen The Consultant shall be aware of the requirements of the Immigration Rc and Control Act of 1986 and shall comply with those requirements, includin! not limited to verifying the eligibility for employment of all agents, emploj sub-contractors and consultants that are included in this agreement. 6 0 0 14. OWNERSHIP OF DOCUMENTS All plans, studies, sketches, drawings, reports and specification herein required are the property of the City, whether the work for which are made be executed or not. In the event this Agreement is terminated documents, plans, specifications, drawings, reports and studies shall bc livered forthwith to the City. Consultant shall have the right to make on copy of the plans for his/her records. 15. HOLD HARMLESS AGREEMENT The City, its agents, officers and employees shall not be liable fol claims, liabilities, penalties, fines, or any damage to goods, propertie! effects of any person whatever, nor for personal injuries or death cause( or resulting from, or claimed to have been caused by, or resulting from, an. or omission of Consultant or Consultant's agents, employees or representat Consultant agrees to defend, indemnify, and save free and harmless the Cit. its authorized agents, officers and employees against any of the fore1 liabilities or claims of any kind and any cost and expense that is incurri the City on account of any of the foregoing liabilities, including liabil or claims by reason of alleged defects in any plans and specifications, u the liability or claim is due, or arises out of, solely to the City's negligt 16. ASSIGNMENT OF AGREEMENT The Consultant shall not assign this Agreement or any part thereof 01 monies due thereunder without the prior written consent of the City. 17. SUBCONTRACTING If the Consultant shall subcontract any of the work to be performed I this Agreement by the Consultant, Consultant shall be fully responsible ti 7 e 0 City for the acts and omissions of Consultant’s subcontractor and of the per either directly or indirectly employed by the subcontractor, as Consul tan for the acts and omissions of persons directly employed by Consultant. Not contained in this Agreement shall create any contractual relationship bet any subcontractor of Consultant and the City. The Consultant shall bind f subcontractor and every subcontractor of a subcontractor by the terms of Agreement applicable to Consultant’s work unless specifically noted to contrary in the subcontract in question approved in writing by the City. 18. PROHIBITED INTEREST No official of the City who is authorized in such capacity on beha’ the City to negotiate, make, accept, or approve, or take part in negotiai making, accepting, or approving of any architectural, engineering inspec’ construction or material supply contractor, or any subcontractor in connec with the construction of the project, shall become directly or indirc interested personally in this Contract or in any part thereof. No off employee, architect, attorney, engineer, or inspector of or for the Cit exercise any executive, supervisory, or other similar functions in connec with the performance of this Agreement shall become directly or indirc interested personally in this Agreement or any part thereof. 19. VERBAL AGREEMENT OR CONVERSATION No verbal agreement or conversation with any officer, agent, or emp of the City, either before, during, or after the execution of this Agree shall affect or modify any of the terms or obligations herein contained nor verbal agreement or conversation entitle the Consultant to any additional pa whatsoever under the terms of this Agreement. 8 e 0 20. SUCCESSORS OR ASSIGNS Subject to the provisions of Paragraph 18, ”Hold Harmless Agreement,” terms, conditions, and provisions hereof shall insure to and shall bind ea( the parties hereto, and each of their respective heirs, executors, ac istrators, successors, and assigns. 21. INSURANCE The Consultant shall obtain and maintain a policy of comprehensive get liability insurance from an insurance company authorized to be in busine! the State of California, in an insurable amount of not less than one mi’ dollars ($1,000,000.00) per occurrence and annual aggregate. This insui shall be in force during the life of this agreement and shall not be cancc without thirty (30) days prior notice to City. 22. CONFLICT OF INTEREST The Consultant shall file a Conflict of Interest Statement with the Clerk of the City of Carlsbad. The Consultant shall report investmenl interests in real property. 9 0 e 23. EFFECTIVE DATE This Agreement shall be effective on and from the day and year first a written. IN WITNESS WHEREOF, we have hereunto set our hands and seals. &p 5 TR c) CT I o ,, r P 3 e& c TI 0 r &~W/PS-I-C~T~Q~~ CITY OF CARLSBAD BY: TITLE: ?V \LC \ Q k L Director MARTIN ORENYAK, Community Development APPROVED AS TO FORM: ATTESTED : VINCENT F. BIONDO, JR. ALETHA RAUTENKRANZ City Attorney City Clerk 10 e 0 Exhibit A SCHEDULE OF HOURLY BILLING RATES Effective June 1, 1988 OFFICE: ENGINEERING Principal Engineer (R.C.E.) ............................$ 65.0 Office Engineer...................D....... .............. 40.0 Senior Designer.. ....................................... 45.0 Drafter..............m..................................4O.O DESIGN AND DRAFTING FIELD: CONSTRUCTION MANAGEMENT Principal Engineer (R.C.E.).............*............*..65.~~ Project Manager.........................................~8.01 Resident Engineer. ...................................... 48.51 Resident Inspector.............~....~...~.~~q~.~~ao~~o~o45~O~ SERVICES AND EXPENSES: Computer Programmer/Analyst/Technician .................. 40.0 Clerical Work...........................................25.0 In-house Reproduction........... ........................ .Cos .............................................. Outside Services, Consultants, Survey, Etc.....................................Cost + 10: Rates negotiable; dependent on size and scope of proposed project. e 0 AGREEMENT FOR INSPECTION SERVICES THIS AGREEMENT, made and entered into as of the day of - , 1989, by and between the CITY OF CARLSBAD, a municipal corporat hereinafter referred to as "City" and BSI Consultants, Inc., hereinafter refe to as "Consultant .I' RECITALS City requires the services of construction inspection consultants provide the necessary consultant services on an as needed basis for inspec subdivision grading and improvements and other services required by' the C and Consultant possesses the necessary skills and qualifications to pro the services required by City; NOH, THEREFORE, in consideration of these recitals and the mutual coveni contained herein, City and Consultant agree as follows: 1. CONSULTANT'S OBLIGATIONS A. Consultant shall provide their own inspection equipment and trans1 tation suitable for all types of on/off road construction activit B. Consultant shall perform the following: 1. Meet with City Engineer's representative and determine pro, background as well as potential problem areas or uni characteristics. Provide inspection to assure improvements areas being instal i n accordance wi t h approved pl ans . 2, 1 e 0 3. 4. Notify proper authorities when violations are observed. Provide daily inspection logs in conformance with the requ ments of the City Engineer. 5. Maintain Inspector’s file on each project and make sure certifications, notes, and correspondence are entered intc file. Keep up a set of Inspector’s plans with all revisions and f changes noted in red. 6. 7. Verify the ”as-built” plans, including a cross check with Inspector’s red line plans. ’ 8. Respond to Citizen complaints relating to the construc improvements in accordance with City procedures. Review requested field changes and prepare recommendation City Engineer‘s review and determination. Provide coordination with utility and other agencies invo’ in the construction. Coordinate the final inspection, including setting-up the f walk through, development of punch lists, and securinc agency and departmental sign-offs. Provide written certification that project has been compll in accordance with plans and specification suitable acceptance by City. Abide by all City employee requirements as assigned by the ( Engineer or his designated agent. Requirements include are not limited to assigned work hours, breaks, reporting quitting times. 9. 10. 11. 12. 13. 2 0 a 2. CITY OBLIGATIONS A. The City shall provide office space and supplies for consultan B. Nothing in this agreement shall be construed to obligate Cit provide any work to the consultant. 3. PROGRESS AND COMPLETION The work under this Agreement will begin within 15 days after consul receive written notification from City that consultant services are needed 4. FEES TO BE PAID TO CONSULTANT Consultant shall be paid at the rate of $45.00 per hour worked. A sheet shall be maintained by the consultant inspector indicating when he or was at work. All work performed in excess of 40 hours during the normal ( work week shall be paid at the rate of $67.50 per hour. Supervisor authoriza is required prior to any overtime work. 5. PAYMENT OF FEES Payment of fees shall be within thirty (30) days after receipt of invc for services from Consultant. 6. CHANGES IN WORK If, in the course of this Agreement and design, changes seem meritec the Consultant or the City, and informal consultations with the other pi indicate that a change in the conditions of the Contract is warranted, Consultant or the City may request a change in Agreement. Such changes SF be processed by the City in the following manner: A letter outlining required changes shall be forwarded to the City or Consultant to inform then the proposed changes along with a statement of estimated changes in charges time schedule. After reaching mutual agreement on the proposal, a supplemer agreement shall be prepared by the City and approved by the City Council. S 3 e @ supplemental agreement shall not render ineffective or invalidate unaffel portions of the agreement. Changes requiring immediate action by the Consul or City shall be ordered by the City Engineer who will inform a principa’ the Consultant’s firm of the necessity of such action and follow up wit supplemental agreement covering such work. 7. COVENANTS AGAINST CONTINGENT FEES The Consultant warrants that their firm has not employed or retained company or person, other than a bona fide employee working for the Consult, to solicit or secure this agreement, and that Consultant has not paid or agi to pay any company or person, other than a bona fide employee, any fee, < mission, percentage, brokerage fee, gift, or any other consideration contin( upon, or resulting from, the award or making this agreement. For breach violation of this warranty, the City shall have the right to annul this agreen without liability, or, in its discretion, to deduct from the agreement prict consideration, or otherwise recover the full amount of such fee, commissi percentage, brokerage fee, gift or contingent fee. 8. NONDISCRIMINATION CLAUSE The Consultant shall comply with the State and Federal Ordinances regard nondiscrimination. 9. TERMINATION OF CONTRACT In the event of the Consultant’s failure to prosecute, deliver, or perf the work as provided for in this Agreement, the City may terminate this Agreem for nonperformance by notifying the Consultant by certified mail of the ter nation of the Agreement. The Consultant, thereupon, has five (5) working d to deliver said documents owned by the City and all work in progress to the C Engineer. The City Engineer shall make a determination of fact based upon 4 c 0 documents delivered to City of the percentage of work which the Consultant performed which is usable and of worth to the City in having the Agrec completed. Based upon that finding as reported to the City Council, the Cot shall determine the final payment of the Agreement. Final payment shall t compl i ance with the Code of Federal Regul at i ons . 10. DISPUTES If a dispute should arise regarding the performance of work under agreement, the following procedure shall be used to resolve any question of or interpretation not otherwise settled by agreement between parties. questions, if they become identified as a part of a dispute among per operating under the provisions of this Agreement, shall be reduced to wri by the principal of the Consultant or the City Engineer. A copy of such d mented dispute shall be forwarded to both parties involved along with recomme methods of resolution which would be of benefit to both parties. The Engineer or principal receiving the letter shall reply to the letter along a recommended method of resolution within ten (10) days. If the resolution obtained is unsatisfactory to the aggrieved party, a letter outlining the dis shall be forwarded to the City Council for their resolution through the Of of the City Manager. The City Council may then opt to consider the dire solution to the problem. In such cases, the action of the City Council s be binding upon the parties involved, although nothing in this procedure s prohibit the parties seeking remedies available to them at law. 11. RESPONSIBILITY OF THE CONSULTANT The Consultant is hired to render professional services and any paym made to Consultant are compensation solely for such services. 5 * 0 12. SUSPENSION OR TERMINATION OF SERVICES This Agreement may be terminated by either party upon tendering th (30) days written notice to the other party. In the event of termination, Consultant shall be paid for work performed to the termination date. Compe tion to be made in compliance with the Code of Federal Regulations. 13. STATUS OF THE CONSULTANT The Consultant shall perform the services provided for herein in Con tant's own way as an independent contractor and in pursuit of Consulta independent calling, and not as an employee of the City. Consultant shal under control of the City only as to the result to be accomplished and personnel assigned to the project, but shall consult with the City as prov for in the request for proposal. The Consultant is an independent contractor of the City. The payment I to the Consultant pursuant to this Agreement shall be the full and comp' compensation to which the Consultant is entitled pursuant to this Agreemi The City shall not make any federal or state tax withholdings on behalf of Consultant. The City shall not be required to pay any workers compensa' insurance on behalf of the Consultant. The Consultant agrees to indemnify City for any tax, retirement contribution, social security, overtime paymc workers Compensation payment which the City may be required to make on bel of Consultant or any employee of Consultant for work done under this Agreemr The Consultant shall be aware of the requirements of the Immigration Re. and Control Act of 1986 and shall comply with those requirements, including not limited to verifying the eligibility for employment of all agents, employt sub-contractors and consultants that are included in this agreement. 6 0 14. OWNERSHIP OF DOCUMENTS All plans, studies, sketches, drawings, reports and specificatior herein required are the property of the City, whether the work for which are made be executed or not. In the event this Agreement is terminated documents, plans, specifications, drawings, reports and studies shall bc livered forthwith to the City. Consultant shall have the right to make on copy of the plans for his/her records. 15. HOLD HARMLESS AGREEMENT The City, its officers and employees shall not be liable for any cl, liabilities, penalties, fines, or any damage to goods, properties, or ef of any person whatever, nor for personal injuries or death caused by, or CL to have been caused by, or resulting from, any intentional or negligent : errors, or omission of Consultant or Consultant's agents, employees or reprc tatives. Consultant agrees to defend, indemnify, and save free and harmles City and its officers and employees against any of the foregoing liabilitil claims of any kind and any cost and expense that is incurred by the Cil account of any of the foregoing liabilities, including liabilities or claii reason of a1 leged defects in any recommendations. 16. ASSIGNMENT OF AGREEMENT The Consultant shall not assign this Agreement or any part thereof 01 monies due thereunder without the prior written consent of the City. 17. SUBCONTRACTING If the Consultant shall subcontract any of the work to be performed [ this Agreement by the Consultant, Consultant shall be fully responsible tc City for the acts and omissions of Consultant's subcontractor and of the pe' 7 e e either directly or indirectly employed by the subcontractor, as Consul tan for the acts and omissions of persons directly employed by Consultant. Not contained in this Agreement shall create any contractual relationship bet any subcontractor of Consultant and the City. The Consultant shall bind e subcontractor and every subcontractor of a subcontractor by the terms of Agreement applicable to Consultant’s work unless specifically noted to contrary in the subcontract in question approved in writing by the City. 18. PROHIBITED INTEREST NO official of the City who is authorized in such capacity on behal the City to negotiate, make, accept, or approve, or take part in negotiat making, accepting, or approving of any architectural, engineering inspect construction or material supply contractor, or any subcontractor in connec with the construction of the project, shall become directly or indirel interested personally in this Contract or in any part thereof. No offi employee, architect, attorney, engineer, or inspector of or for the Cit! exercise any executive, supervisory, or other similar functions in connec with the performance of this Agreement shall become directly or indire interested personally in this Agreement or any part thereof. 19. VERBAL AGREEMENT OR CONVERSATION No verbal agreement or conversation with any officer, agent, or empll of the City, either before, during, or after the execution of this Agreemi shall affect or modify any of the terms or obligations herein contained nor verbal agreement or conversation entitle the Consultant to any additional pay1 whatsoever under the terms of this Agreement. 8 e e 20. SUCCESSORS OR ASSIGNS Subject to the provisions of Paragraph 18, "Hold Harmless Agreement," terms, conditions, and provisions hereof shall insure to and shall bind eac the parties hereto, and each of their respective heirs, executors, ad istrators, successors, and assigns. 21. INSURANCE The Consultant shall obtain and maintain a policy of comprehensive gen liability insurance from an insurance company authorized to be in busines the State of California, in an insurable amount of not less than one mil dollars ($1,000,000.00) per occurrence and annual aggregate. This insur shall be in force during the life of this agreement and shall not be cance without thirty (30) days prior notice to City. 22. CONFLICT OF INTEREST The Consultant shall file a Conflict of Interest Statement with the 1 Clerk of the City of Carlsbad. The Consultant shall report investment. interests in real property. 9 e 0 23. EFFECTIVE DATE This Agreement shall be effective on and from the day and year first i written, IN WITNESS WHEREOF, we have hereunto set our hands and seals. CITY OF CARLSBAD MARTIN ORENYAK, Community Development TITLE: Vice President Director APPROVED AS TO FORM: ATTESTED : VINCENT F. BIONDO, JR. ALETHA RAUTENKRANZ City Attorney City Clerk 10 e e AGREEMENT FOR INSPECTION SERVICES THIS AGREEMENT, made and entered into as of the day of - , 1989, by and between the CITY OF CARLSBAD, a municipal corporat hereinafter referred to as "City" and Luke-Dudek, hereinafter referred t "consultant .'I RECITALS City requires the services of construction inspection consultant! provide the necessary consultant services on an as needed basis for inspec subdivision grading and improvements and other services required by the C and Consultant possesses the necessary skills and qualifications to pro! the services required by City; NOW, THEREFORE, in consideration of these recitals and the mutual coven, contained herein, City and Consultant agree as follows: 1. CONSULTANT'S OBLIGATIONS A. Consultant shall provide their own inspection equipment and trans1 tation suitable for all types of on/off road construction activit- B. Consultant shall perform the following: 1. Meet with City Engineer's representative and determine proj background as well as potential problem areas or uni characteristics. Provide inspection to assure improvements areas being instal in accordance with approved pl ans. 2. 1 a 0 3. 4. Notify proper authorities when violations are observed. Provide daily inspection logs in conformance with the requ ments of the City Engineer. 5. Maintain Inspector’s file on each project and make sure . cert i f i cations, notes, and correspondence are entered i nto file. 6. Keep up a set of Inspector’s plans with all revisions and f changes noted in red. 7. Verify the ”as-built” plans, including a cross check with Inspector‘s red line plans. . 8. Respond to Citizen complaints relating to the construc improvements in accordance with City procedures. Review requested field changes and prepare recommendation City Engineer’s review and determination. Provide coordination with utility and other agencies invo- in the construction. Coordinate the final inspection, including setting-up the fi walk through, development of punch lists, and securing agency and departmental sign-offs. Provide written certification that project has been complc in accordance with plans and specification suitable acceptance by City. Abide by all City employee requirements as assigned by the C Engineer or his designated agent. Requirements include are not limited to assigned work hours, breaks, reporting quitting times. 9. 10. 11. 12. 13. 2 0 0 2. CITY OBLIGATIONS A. The City shall provide office space and supplies for consultan B. Nothing in this agreement shall be construed to obligate Cit provide any work to the consultant. 3. PROGRESS AND COMPLETION The work under this Agreement will begin within 15 days after consul receive written notification from City that consultant services are needed 4. FEES TO BE PAID TO CONSULTANT Consultant shall be compensated for the actual time expended on project at the rate of $45 per hour. All work exceeding 8 hours per day 01 hours per week shall be paid at the overtime rate of $67.50 per hc Authorization must be obtained from the Consultant Inspector’s Supervisor pi to any overtime work. 5. PAYMENT OF FEES Payment of fees shall be within thirty (30) days after receipt of invc for services from Consultant . 6. CHANGES IN WORK If, in the course of this Agreement and design, changes seem meritec the Consultant or the City, and informal consultations with the other p: indicate that a change in the conditions of the Contract is warranted, Consultant or the City may request a change in Agreement. be processed by the City in the following manner: A letter outlining required changes shall be forwarded to the City or Consultant to inform then the proposed changes along with a statement of estimated changes in charges time schedule. After reaching mutual agreement on the proposal, a supplemen agreement shall be prepared by the City and approved by the City Council. S Such changes st 3 0 e supplemental agreement shall not render ineffective or invalidate unaffc portions of the agreement. Changes requiring immediate action by the Consul or City shall be ordered by the City Engineer who will inform a principa the Consultant's firm of the necessity of such action and follow up wi supplemental agreement covering such work. 7. COVENANTS AGAINST CONTINGENT FEES The Consultant warrants that their firm has not employed or retained company or person, other than a bona fide employee working for the Consult to solicit or secure this agreement, and that Consultant has not paid or ag to pay any company or person, other than a bona fide employee, any fee, mission, percentage, brokerage fee, gift, or any other consideration contin upon, or resulting from, the award or making this agreement. For breacl violation of this warranty, the City shall have the right to annul this agree1 without liability, or, in its discretion, to deduct from the agreement prici consideration, or otherwise recover the full amount of such fee, commiss percentage, brokerage fee, gift or contingent fee. 8. NONDISCRIMINATION CLAUSE The Consultant shall comply with the State and Federal Ordinances regarc nondiscrimination. 9. TERMINATION OF CONTRACT In the event of the Consultant's failure to prosecute, deliver, or per the work as provided for in this Agreement, the City may terminate this Agreen for nonperformance by notifying the Consultant by certified mail of the ter nation of the Agreement. The Consultant, thereupon, has five (5) working c to deliver said documents owned by the City and all work in progress to the ( Engineer. The City Engineer shall make a determination of fact based upon 4 e e documents delivered to City of the percentage of work which the Consultant performed which is usable and of worth to the City in having the Agree completed. Based upon that finding as reported to the City Council, the Cou shall determine the final payment of the Agreement. Final payment shall b compliance with the Code of Federal Regulations. 10. DISPUTES If a dispute should arise regarding the performance of work under agreement, the following procedure shall be used to resolve any question of or interpretation not otherwise settled by agreement between parties. : questions, if they become identified as a part of a dispute among per! operating under the provisions of this Agreement, shall be reduced to wrii by the principal of the Consultant or the City Engineer. A copy of such dc mented dispute shall be forwarded to both parties involved along with recommen methods of resolution which would be of benefit to both parties. The C Engineer or principal receiving the letter shall reply to the letter along h a recommended method of resolution within ten (10) days. If the resolution t obtained is unsatisfactory to the aggrieved party, a letter outlining the disp shall be forwarded to the City Council for their resolution through the Off of the City Manager. The City Council may then opt to consider the direc solution to the problem. In such cases, the action of the City Council sh, be binding upon the parties involved, although nothing in this procedure sh prohibit the parties seeking remedies available to them at law. 11. RESPONSIBILITY OF THE CONSULTANT The Consultant is hired to render professional services and any paymer made to Consultant are compensation solely for such services. 5 0 * 12. SUSPENSION OR TERMINATION OF SERVICES This Agreement may be terminated by either party upon tendering tt (30) days written notice to the other party. In the event of termination, Consultant shall be paid for work performed to the termination date. Compc tion to be made in compliance with the Code of Federal Regulations. 13. STATUS OF THE CONSULTANT The Consultant shall perform the services provided for herein in Con tant’s own way as an independent contractor and in pursuit of Consulta independent calling, and not as an employee of.the City. Consultant shal under control of the City only as to the result to be accomplished and personnel assigned to the project, but shall consult with the City as prov for in the request for proposal. The Consultant is an independent contractor of the City. The payment to the Consultant pursuant to this Agreement shall be the full and comp compensation to which the Consultant is entitled pursuant to this Agreem The City shall not make any federal or state tax withholdings on behalf of Consultant. The City shall not be required to pay any workers compensa insurance on behalf of the Consultant. The Consultant agrees to indemnify City for any tax, retirement contribution, social security, overtime paymc workers compensation payment which the City may be required to make on bel of Consultant or any employee of Consultant for work done under this Agreemc The Consultant shall be aware of the requirements of the Immigration Rei and Control Act of 1986 and shall comply with those requirements, including not limited to verifying the eligibility for employment of all agents, employ( sub-contractors and consultants that are included in this agreement. 6 e 14. OWNERSHIP OF DOCUMENTS All plans, studies, sketches, drawings, reports and specification herein required are the property of the City, whether the work for which are made be executed or not. In the event this Agreement is terminated, documents, plans, specifications, drawings, reports and studies shall be livered forthwith to the City. Consultant shall have the right to make one copy of the plans for his/her records. 15. HOLD HARMLESS AGREEMENT The City, officers and employees shall .not be liable for any cla liabilities, penalties, fines, or any damage to goods, properties, or eff of any person whatever, nor for personal injuries or death caused by, or res ing from, or claimed to have been caused by, or resulting from, any intent; or negligent act or omission of Consultant or Consultant’s agents, employee representatives. Consultant agrees to defend, indemnify, and save free harmless the City and its, officers and employees against any of the foregc liabilities or claims of any kind and any cost and expense that is incurrec the City on account of any of the foregoing liabilities, including liabili‘ or claims by reason of alleged defects in any plans and specifications, unl the liability or claim is due, or arises out of, solely to the City’s negliger 16. ASSIGNMENT OF AGREEMENT The Consultant shall not assign this Agreement or any part thereof or monies due thereunder without the prior written consent of the City. 17. SUBCONTRACTING If the Consultant shall subcontract any of the work to be performed un this Agreement by the Consultant, Consultant shall be fully responsible to 7 e e City for the acts and omissions of Consultant's subcontractor and of the per either directly or indirectly employed by the subcontractor, as Consultar for the acts and omissions of persons directly employed by Consultant. Not contained in this Agreement shall create any contractual relationship bet any subcontractor of Consultant and the City. The Consultant shall bind e subcontractor and every subcontractor of a subcontractor by the terms of Agreement applicable to Consultant's work unless specifically noted to contrary in the subcontract in question approved in writing by the City. 18. PROHIBITED INTEREST No official of the City who is authorized in such capacity on behal the City to negotiate, make, accept, or approve, or take part in negotiat making, accepting, or approving of any architectural, engineering inspect construction or material supply contractor, or any subcontractor in connec' with the construction of the project, shall become directly or indire( interested personally in this Contract or in any part thereof. No offic employee, architect, attorney, engineer, or inspector of or for the City exercise any executive, supervisory, or other similar functions in connecl with the performance of this Agreement shall become directly or indirec interested personally in this Agreement or any part thereof. 19. VERBAL AGREEMENT OR CONVERSATION No verbal agreement or conversation with any officer, agent, or emplc of the City, either before, during, or after the execution of this Agreeme shall affect or modify any of the terms or obligations herein contained nor s verbal agreement or conversation entitle the Consultant to any additional paym whatsoever under the terms of this Agreement. a 0 e 20. SUCCESSORS OR ASSIGNS Subject to the provisions of Paragraph 18, "Hold Harmless Agreement," terms, conditions, and provisions hereof shall insure to and shall bind eac the parties hereto, and each of their respective heirs, executors, ad istrators, successors, and assigns. 21. INSURANCE The Consultant shall obtain and maintain a policy of comprehensive genl liability insurance from an insurance company authorized to be in business the State of California, in an insurable amount of not less than one mill dollars ($1,000,000.00) per occurrence and annual aggregate. This insuri shall be in force during the life of this agreement and shall not be cancel without thirty (30) days prior notice to City. 22. CONFLICT OF INTEREST The Consultant shall file a Conflict of Interest Statement with the C Clerk of the City of Carlsbad. The Consultant shall report investments interests in real property, 9 e 0 23. EFFECTIVE DATE This Agreement shall be effective on and from the day and year first i written. IN WITNESS WHEREOF, we have hereunto set our hands and seals. 6MK VOE,L CITY OF CARLSBAD MARTIN ORENYAK, Community Development Director APPROVED AS TO FORM: ATTESTED: VINCENT F. BIONDO, JR. ALETHA RAUTENKRANZ City Attorney City Clerk 10