HomeMy WebLinkAbout1989-02-21; City Council; 9863; APPROVAL OF CONSULTANT INSPECTION SERVICES AGREEMENTSP
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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.
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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
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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
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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.
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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.
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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
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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
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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.
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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.
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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
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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.
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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 ($1,000,000.00) per occurrence and annual aggregate. This insui
shall be in force during the life of this agreement and shall not be cancc
without thirty (30) days prior notice to City.
22. CONFLICT OF INTEREST
The Consultant shall file a Conflict of Interest Statement with the
Clerk of the City of Carlsbad. The Consultant shall report investmenl
interests in real property.
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23. EFFECTIVE DATE
This Agreement shall be effective on and from the day and year first a
written.
IN WITNESS WHEREOF, we have hereunto set our hands and seals.
&p 5 TR c) CT I o ,, r P 3 e& c TI 0 r
&~W/PS-I-C~T~Q~~ CITY OF CARLSBAD
BY:
TITLE: ?V \LC \ Q k L Director
MARTIN ORENYAK, Community Development
APPROVED AS TO FORM: ATTESTED :
VINCENT F. BIONDO, JR. ALETHA RAUTENKRANZ City Attorney City Clerk
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SCHEDULE OF HOURLY BILLING RATES
Effective June 1, 1988
OFFICE:
ENGINEERING Principal Engineer (R.C.E.) ............................$ 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.
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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
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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
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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
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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.
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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
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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.
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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.
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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
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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
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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.
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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.
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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
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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.
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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,
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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
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