HomeMy WebLinkAbout1997-08-26; City Council; 14303; Agreements For Carlsbad City Library Projectm ?
CITY OF CARLSBAD - AGENLJA BILL
AB# /4;303 TITLE:
MTG. 8-2h 93 APPROVAL OF AGREEMENTS FOR
CONSTRUCTION PHASE SERVICES FOR
DEPT. CD THE CARLSBAD CITY LIBRARY PROJECT
RECOMMENDED ACTION:
CITYMGR-
ADOPT Resolution No. 97- 56 3 APPROVING two (2) agreements for construction phase
services for the Carlsbad City Library project.
ITEM EXPLANATION:
Attached are two (2) consulting agreements for the City Council’s review and approval required
for construction phase services for the Carlsbad City Library project.
The first agreement is for construction management services with Bilbro & Giffin of San Diego.
Bilbro & Giffin was selected following the review and evaluation of formal proposals solicited
by the City for construction management services for the Carlsbad City Library project. Bilbro
& Giffin is an experienced construction management firm specializing in large scale
construction projects of this type. This firm will represent the City on-site during all phases of
the upcoming construction and provide all customary construction management services.
Additionally, Bilbro & Giffin will assist City staff with the final close out of the construction
contract and coordinate the move-in of City Library staff, equipment, furnishings, systems, and
materials from the Cole Library to the new building. Staff recommends approval of this
consulting agreement.
The second agreement is with Law-Crandall also of San Diego. Law-Crandall will provide all
geotechnical oversight, soils and concrete testing, and related site engineering requirements
during the initial grading and utility phases of the building construction. During the raising ‘of
the building, Law-Crandall will provide special inspection services of the structural steel,
masonry, and built-up roofing system as well. These special inspection services are of critical
importance to the long-term structural integrity and future maintenance conditions of the
building, therefore, requiring this increased level of inspection service during construction.
Law-Crandall is an experienced firm which specializes in these type of technical inspection
services for projects such as this. Staff recommends approval of this consulting agreement.
A third consulting agreement for the required architectural construction phase services with the
City’s design team from Cardwell - McGraw, Architects is currently being negotiated and will
follow within the next 30 days for the City Council’s review and approval.
FISCAL IMPACT:
The total estimated cost for construction management services to be provided by Bilbro &
Giffin is $477,760 as outlined in the attached agreement. The total estimated costs for the
special inspection services to be provided by Law-Crandall is $79,209 as also outlined in the
attached agreement. These project costs are provided in the budget appropriation for Carlsbad
City Library project in the fiscal 1997-98 Capital Improvement Program budget.
PAGE 2 OF AGENDA BILL NO. , Iv; 3 0 3
EXHIBITS:
1. Resolution No. 93-569 approving two (2) consulting agreements for the Carlsbad
City Library project.
2. Agreement with Bilbro & Giffin.
3. Agreement with Law - Crandall.
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
RESOLUTION NO. 97-567
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING TWO AGREEMENTS
FOR CONSTRUCTION PHASE SERVICES FOR THE
CARLSBAD LIBRARY CITY PROJECT.
WHEREAS, the City Council of the City of Carlsbad, California, has previously
approved the plans and specifications and authorized the advertisement of bids for the
construction of the Carlsbad City Library project; and
WHEREAS, the City requires construction management services and special inspection
services for said project; and .
WHEREAS, the City has solicited proposals and received proposals for said services; and
WHEREAS, the City has selected two firms to provide the required aforementioned
services for said project; and
WHEREAS, a scope of work, fee proposal, and schedule have been negotiated and
consulting contracts have been prepared; and
WHEREAS, the City Council hereby finds it necessary, desirable, and in the public
interest to approve said two consulting agreements required for the Carlsbad City Library project.
NOW, THEREFORE, be it resolved as follows:
1. That the above recitations are true and correct.
2 - - That an agreement with Bilbro & Giffin is hereby approved and the Mayor is
authorized to execute said agreement. Following the Mayor’s signature of said agreement, the
City Clerk is directed to forward copies of this Resolution and the agreement to Bilbro & Giffin,
attention: Mr. Rob Bilbro, 750 B Street, Suite 1860, San Diego, California 92101 and the
Community Development Department.
3. That an agreement with Law - Crandall is hereby approved and the Mayor is
authorized to execute said agreement. Following the Mayor’s signature of said agreement, the
City Clerk is directed to forward copies of this Resolution and the agreement to Law - Crandall,
attention: Mr. Larry Carroll, 9177 Sky Park Court, San Diego, California 92123 and the
Community Development Department.
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 26th day of August , 1997, by the following vote, to
wit:.
AYES: Council Members Lewis, Finnila, Nygaard, and Hall
NOES: None
ABSENT: Council Member Kulchin
ATTEST:
&JaLf. Q&z&&u+
ALETHA L. RAUTENKRANZ, City Clerk )
(SEAL)
-2-
) u\ ” ’ j f :‘,
k,. d 4 i
AGREEMENT FOR CONSTRUCTION MANAGEMENT SERVICES
FOR THE CARLSBAD CITY LIBRARY PROJECT
THIS AGREEMENT, made and entered into as of the&qay of w
1997, by and between the CITY OF CARLSBAD, a municipal corporation, hereinafter
referred to as “City”, and BILBRO & GIFFIN, hereinafter referred to as “Contractor.”
RECITALS
City requires the services of a construction management Contractor to provide
the necessary construction management services for the construction of the Carlsbad
City Library project, hereinafter referred to as the “Project”; and Contractor possesses
the necessary skills, experience, and qualifications to provide the services required by
the City;
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, City and Contractor agree as follows:
1. CONTRACTOR’S OBLIGATIONS
Contractor shall provide the required services identified in attached “Exhibit 1”
attached hereto- and incorporated by reference herein. Contractor shall provide all
transportation for all of Contractor% personnel.
2. CITY OBI IGATIONS
The City shall appoint a designated, authorized representative to work with the
Contractor during the time period of this agreement. The City shall pay Contractor in
accordance with Paragraph 4 below. The City shall provide, or cause to be provided by
1
rev. 8/26/96
C
others, copies of all existing and available projects plans, specifications, exhibits,
reports, design drawings, and other data and information related to the project. The
City shall -provide, or cause to be provided by others, the following onsite, temporary
office facilities, equipment, and systems during ‘Phase 2” of the Contractor’s scope of
work under this agreement:
a. Onsite, temporary office facilities approximately 12’ by 48’ containing 1
office, 1 reception/clerical area, and 1 conference room/work area.
b. , Said onsite, temporary office facilities shall include appropriate and
customary office furnishings and equipment specifically limited to 2 desks (36” x 72”)
with returns, 2 swivel-tilt desk chairs, 2 bookcases (36” x 72”)‘ 4 four-drawer lateral file
cabinets, 2 plan racks, 3 telephones, 1 FAX machine with 2mb memory and plain
paper, 1 xerox/document reproduction machine capable of 11” x 17” copies, 1
conference room table (12’), 1 plan table (36” x. 84”) and 14 conference room side
chairs, all computer network cabling, all telephone cabling, security system, water and
coffee service, and monthly maintenance and operations of the above referenced
facilities, equipment, hard&are, and systems.
C. ‘Access to separate onsite, temporary, locked restroom facilities.
The aforementioned onsite, temporary office facilities, equipment, and systems shall be
provided by City for Contractor’s use solely during the “Phase 2” portion of the scope of
work identified in attached Exhibit 1. The parties hereto agree that it shall be the sole
responsibility of the Contractor to provide all required facilities, equipment, and systems
2
rev. 8126196
during all other phases of the work, except for onsite facilities may be required.
3. PROGRESS AND COMPLETIOIU
The work under this contract will begin within ten (10) days after receipt of
notification to proceed by the City and be completed within three (3) years of that date.
Extensions of time may be granted if requested by the Contractor and agreed to in
writing by the City Manager or his authorized representative. The City Manager or his
authorized representative will give allowance for documented and substantiated
unforeseeable and unavoidable delays not caused by a lack of foresight on the part of
the Contractor, or delays caused by City inaction or other agencies’ lack of timely
action.
3.A. CONTRACTOR’S LIMITED CONSTRUCTION CHANGE ORDER AUTHORITY
Contractor is retained under this agreement to be City’s authorized onsite
representative during the construction of the Project. During Phase 2, “Construction
Phase,” of said work, City shall grant to Contractor limited construction change order
authority for items of work deemed by City requiring change. Contractor shall have the
authority to recommend to City individual construction change orders not to exceed
$25,000 per’ item with a, not to exceed cumulative limit of 15% of the value of the
construction contract to be awarded by City for the construction of the Project.
Contractor shall provide appropriate information and documentation, consult with, and
receive prior approval of City’s authorized representative, as discussed in Paragraph 2
above, before executing all related construction change order documents affecting the
3
rev. 8/26/96
the limits as set forth herein.
PAID TO CmCTOR
The estimated total fee payable for the services to be performed shall be
$396,260 as described in attached Exhibit 1. For the purposes of this agreement, the
following hourly fee rates shall be utilized:
a. Principal $112.00 per hour
b.
C.
Construction Manager
Clerical
$ 88.00 per hour
$ 38.00 per hour
The aforementioned hourly rates shall be adjusted to reflect a 6% annual
increase effective June 2, 1998 and annually thereafter.
In addition to the estimated fees referenced above, reimbursable expenses shall
include, but not be limited to, office equipment, supplies, and software not provided by
City referenced in Paragraph 2 above, messenger services, postage, document
reproduction, photos and exhibits,’ out-of-county travel, professional liability insurance
(project policy), and other miscellaneous project expenses. The total estimated
allowance for all reimbursable expenses shall be $81,500 as described in attached
Exhibit 1. Reimbursable expenses shall be marked-up 7% of actual invoiced costs. All
equipment, systems, software, hardware, information, reports, data, exhibits,
photographs, video tapes, and all other related materials obtained and/or produced by
the Contractor as a reimbursable item under this agreement shall be considered the
property of the City. Said items shall be utilized, operated, and maintained by the
4
rev. 8/26/96
Contractor in good working order. Within five (5) days of completion of Phase 2 of the
.scope of work under this agreement, Contractor shall deliver all of said items in good
working order to City.
Fees for Contractor’s time necessary to supervise general contractor’s City
approved overtime work on Monday through Saturday will be paid at 150% of stated .
rates; Sundays and holidays will be paid at 200% of stated rates. Four (4) hours
minimum will be paid for Contractor’s Saturday, Sunday, or holiday work.
No other compensation for services will be allowed except those items covered
by supplemental agreements per Paragraph 8, “Changes in Work.”
This agreement shall extend for a period of three (3) years from the date
thereof. The contract may be extended by the City Manager for three (3) additional one
(1) year periods or parts thereof, based upon a re.view of satisfactory performance and
the City’s needs. The parties shall prepare extensions in writing indicating effective date
and length of the extended contract.
6. FAYMFNT OF FE&
Payment-of approved items on the invoice shall be mailed to the Contractor
within 30 days of receipt of the invoice. Contractor’s invoices shall be monthly and shall
be submitted by the fifth (5’h) day of each month to City for review and approval. An
individual item, or items, contested for payment by City shall not cause delay in
payment by City to Contractor for all other non-contested items.
rev. 8126196
Within ten (10) days of completion and approval of each of the three (3) phases
of work described in attached Exhibit 1, the Contractor shall deliver to the City the
following items:
a. Phase 1: A written report summarizing and documenting all the
Contractor’s work activities, correspondence, suggestions and recommendations,
document review comments, and other information related to the “Pre-Construction
Phase” of the scope of work. Contractor shall provide a total of five (5) original copies
of said report.
b. Phase 2: All of the Contractor’s “Construction Phase? work products
including, but not limited to, correspondence file, request for information file, submittal
file, request for substitution file, cost control file, all meeting notes, minutes, and
summaries, field testing results file, inspection file including all agency issued notices,
change order file, progress payment file, final punch-list file, ali retained photographs,
slides, and video files, any retained equipment and systems operations and
. .
maintenance manuals and files, all claims related documentation and information, and
all other files, documents, reports, exhibits, data, and information related to the
“Construction Phase” of the work.
C. Phase 3: All documentation provided by other Federal, State, local,
and special district public agencies, record drawings, retained warranty and guarantee
records, files, and reports, prime and first tier subcontractor lien waivers (conditional
rev. 8/26/96
releases upon final payment only), all certificates, documents, and notices regarding
facility occupancy, retained keys, security cards, or other equipment or instruments
enabling access to any portion of the facility, and all other reports, exhibits, documents,
data, information, materials, equipment, and systems related to the “Post-Construction
Phase” of the work. The Contractor shall prepare a written report summarizing and
documenting all of the Contractor’s work activities completed in the “Post-Construction”
phase of the scope of work and shall provide a total of ten (10) original copies of said
report to the City. ,
8. CHANGES IN WORK
If, in the course of the contract, changes seem merited by the Contractor or the
City, and informal consultations with the other party indicate that a change in the
conditions of the contract is warranted, the Contractor 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 fowarded to the City by Contractor to
inform them of the proposed changes along with a statement of estimated changes in
charges or time schedule: A Standard Amendment to Agreement shall be prepared by
the City and approved by the City according to the procedures described in Carlsbad
Municipal Code Section 3.28.172. Such Amendment to Agreement shall not render
ineffective’ or invalidate unaffected portions of the agreement.
9. COVENANTS AGAINST CONTINGENT FEES
The Contractor warrants that their firm has not employed or retained any
rev. 8t26196
company or person, other than a bona fide employee working for the Contractor, to
solicit or secure this agreement, and that Contractor 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 contingent upon, or resulting
from, the award or making of 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
a,mo.unt of such fee, commission, percentage, brokerage fees, gift, or contingent fee.
10. NONDISCRIMINATION CLAUSE
The Contractor shall comply with the state and federal laws regarding
nondiscrimination.
11. TERMINATION OF CONTRACT
In the event of the Contractor’s failure to prosecute, deliver, or perform the work
as provided for in this contract, the City Manager may terminate this contract for
nonperformance by notifying the Contractor by certified mail of the termination of the
Contractor. The Contractor, thereupon, has five (5) working days to deliver said
documents owned by the City and all work in progress to the City Manager or his
authorized representative. The City Manager or his authorized representative shall
make a determination of fact based upon the documents delivered to City of the
percentage of work which the Contractor has performed which is usable and of worth to
the City in having the contract completed. Based upon that finding as reported to the
8
rev. 8/26/96
City Manager, the Manager shall determine the final payment of the contract.
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 Contractor 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 Contractor shall be paid for work performed to the termination date;
however, the total shall not exceed the fee payable under paragraph 4. The City
Manager shall make the final determination as to the portions of tasks completed and
the compensation to be made.
12. DISPUTFS
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 agreementbetween 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 Contractor
or the City Manager or his authorized representative. A copy of such documented
dispute shall be fonnrarded to both parties involved along with recommended methods
of resolution which would be of benefit to both parties. The City Manager or his
authorized representative 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
rev. 8/26/96
9
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, including mediation and arbitration.
13. (XAIMS AND LAWSUITS
The Contractor agrees that any contract claim submitted to the City must be
asserted as part of the contract process as set forth in this agreement and not in
anticipation of litigation or in conjunction with litigation. The Contractor acknowledges
that if a false claim is submitted to the City, it may be considered fraud and the
Contractor may be subject to criminal prosecution. The Contractor acknowledges that
California Government Code sections 12650 et seq,, the False Claims Act, provides for
civil penalties where a person knowingly submits a false claim to a public entity. These
provisions include false claims made with deliberate ignorance of the false information
or in reckless disregard of the truth or falsity of information. If the City of Carlsbad seeks
to recover penalties pur&ant to the False Claims Act, it is entitled to recover its
litigation costs, including attorney’s fees. The Contractor acknowledges that the filing of
a false claim may subject the Contractor to an administrative debarment proceeding
wherein the Contractor may be prevented to act as a Contractor on any public work or
improvement for a period of up to five years. The Contractor acknowledges debarment
by another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor
10
rev. 8/26/96
from the selection process. Initial)
The provisions of C&bad Municipal Code sections 3.32.025, 3.32.026,
3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference.
* (Initial)
14. STATUS OF THE CONTRACTOR
The Contractor shall perform the services provided for herein in Contractor’s own
way as an independent Contractor and in pursuit of Contractor’s independent calling,
and not as an employee of the City. Contractor shall be under control of the City only
as to the result to be accomplished, but shall consult with the City as provided for in the
request for proposal. The persons used by the Contractor to provide services under this
agreement shall not be considered employees of the City for any purposes whatsoever.
The Contractor is an independent Contractor of the City. The payment made to
the Contractor pursuant to the contract shall be the full and complete compensation to
which the Contractor is entitled. ‘The City shall not make any federal or state tax
withholdings on behalf of the Contractor or his/her employees or subcontractors. The
City shall not be required to pay any workers’ compensation insurance or
unemployment contributions on behalf of the Contractor or his/her employees or
subcontractors. The Contractor agrees to indemnify the City within 30 days for any tax,
retirement contribution, social security, overtime payment, unemployment payment or
workers’ compensation payment which the City may be required to make on behalf of
the Contractor or any employee or subcontractor of the Contractor for work done under
11
rev. 8/26/96
this agreement or such indemnification amount may be deducted by the City from any
balance owing to the Contractor. .
The Contractor shall be aware of the requirements of the Immigration Reform
and Control Act of 1986 and shall comply with those requirements, including, but not
limited to, verifying the eligibility for employment of all agents, employees,
subcontractors and Consultants that are included in this agreement.
15. CONFORMITY TO LEGAL REQUJBEMENTS
The Contractor shall cause its work products, as defined in attached Exhibit 1,
including all drawings, specifications, contracts, reports, and other work product to
conform to all applicable requirements of law: federal, state and local. Contractor shall
provide all necessary supporting documents, to be filed with any agencies whose
approval is necessary.
The City will provide copies of the approved. plans to any other agencies.
16. OWNERSHIP OF DOCUMENTS
All plans, studies, sketches, drawings, reports, specifications, and all project
related documents whatsoever 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. Contractor shall have the right to make one (1) copy of
the plans and all project related documents for his/her records.
12
rev. 8126196
C
. .
17. WRODl JCTION RIGHTS
The Contractor agrees that all copyrights which arise from creation of the work
pursuant to this contract shall be vested in City and hereby agrees to relinquish all
claims to such copyrights in favor of City.
18. HOLD HARMLESSAGREEMENT
Contractor agrees to indemnify and hold harmless the City of Carlsbad and its
officers, officials, employees and volunteers from and against all claims, damages,
losses and expenses including attorney fees arising out of the performance of the work
described herein caused in whole or in part by any willful misconduct or negligent act or
omission of the Contractor, any subcontractor, anyone directly or indirectly employed by
any of them or anyone for whose acts any of them may be liable, except where caused
by the negligence or willful misconduct of the City of Carisbad.
Contractor shall at its own expense, upon written request by the City, defend any
such suit or action brought against the City, its officers, officials, employees and
volunteers. If it is ultimately determined that the City is liable for negligence or willful
misconduct, City will reimburse Contractor for its reasonable expenditures for defense
costs, including attorneys fees attributable to the defense of claims for which the City is
determined to be liable. Contractors indemnification of City shall not be limited by any
prior or subsequent declaration by the Contractor.
19. ASSIGNMENT OF CONTRACT
The Contractor shall not assign this contract or any part thereof or any monies
13
rev. 8126196
due thereunder without the prior written consent of the City.
20. SUBCONTRACTING
If the Contractor shall subcontract any of the work to be performed under this
contract by the Contractor, Contractor shall be fully responsible to the City for the acts
and omissions of Contractor’s subcontractor and of the persons either directly or
indirectly employed by the subcontractor, as Contractor is for the acts and omissions of
persons directly employed by Contractor. Nothing contained in this contract shall
create any contractual relationship between any subcontractor of Contractor and the
City. The Contractor shall bind every subcontractor and every subcontractor of a
subcontractor by the terms of this contract applicable to Contractor’s work unless
specifically noted to the contrary in the subcontract in question approved in writing by
the City.
21. 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 this agreement, shall become directly or indirectly interested personally in
this contract or in any part thereof. No officer or employee of the City who is authorized
in such capacity and on behalf of the City to exercise any executive, supervisory, or
similar functions in connection with the performance of this contract shall become
directly or indirectly interested personally in this contract or any part thereof.
14
rev. 8126196
22. T 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 entitle the Contractor to any
additional payment whatsoever under the terms of this contract..
23. SUCCESSORS OR ASSIGNS
Subject to the provisions of Paragraph 18, “Hold Harmless Agreement,” all
terms, conditions, and provisiohs hereof shall inure to and shall bind each of the parties
hereto, and each of their respective heirs, executors, administrators, successors, and
assigns.
24. EFFECTIVE DATE
This agreement shall be effective on and from the day and year first written
above.
25. CONFLICT OF INTERFST
The Contractor shall file a conflict of interest statement with the City Clerk in
accordance with the requ’irements of the City’s conflict of interest code incorporating
Fair Political Practices Commission Regulation 18700 as it defines a consultant. The
disclosure category shall be categories 1,2,3, and4.
26. MSURANCE
The Contractor shall obtain and maintain for the duration of the contract and any
and all amendments insurance against claims for injuries to persons or damage to
15
rev. 8/26/96
property which may arise out of or in connection with performance of the work
hereunder by the Contractor, his agents, representatives, employees or subcontractors.
Said insurance shall be obtained from an insurance carrier admitted and authorized to
do business in the State of California. The insurance carrier is required to have a
current Best’s Key Rating of not less than “A-:V” and shall meet the City’s policy for
insurance as stated in Resolution No. 91-403.
A. Coveraaes and Limits..
Contractor shall maintain the types of coverages and minimum limits
indicated herein, unless a lower amount is approved by the City Attorney or City
Manager:
1. Comprehensive General Liability Insurance. $1 ,OOO,OOO combined
single-limit per occurrence for bodily injury, personal injury and property damage. If the
submitted policies contain aggregate limits, general aggregate limits shall apply
separately to the work under this contract or the general aggregate shall be twice the
required per occurrence limit.
2. Automobile Liability (if the use of an automobile is involved for
Contractor’s’work for the City). $1 ,OOO,OOO combined single-limit per accident for bodily
injury and property damage.
3. Workers’ Compensation and Employer’s Liability. Workers’
Compensation limits as required by the Labor Code of the State of California and
Employer’s Liability limits of $1 ,OOO,OOO per accident for bodily injury.
16
rev. 8/26/96
4. Professional Liability. Errors and omissions liability appropriate to
the contractor’s profession with limits of not less than $1 ,OOO,OOO per claim. Coverage
shall be maintained for a period of three (3) years following the date of completion of
the work.
B. Additional Provisions.
Contractor shall ensure that the policies of insurance required under this
agreement contain, or are endorsed to contain, the following provisions.
1. The City shall be named as an additional insured on all policies
excluding Workers’ Compensation and Professional Liability.
2. The Contractor shall furnish certificates of insurance to the City
before commencement of work.
3. The Contractor shall obtain occurrence coverage, excluding
Professional Liability which shall be written as claims-made coverage.
4. This insuranceshall be in force during the life of the agreement and
any extension thereof and shall not be canceled without 30 days prior written notice to
the City.sent by certified mail.
- 5:- If the Contractor fails to maintain any of the insurance coverages
required herein, then the City will have the option to declare the Contractor in breach, or
may purchase replacement insurance or pay the premiums that are due on existing
policies in order that the required coverages may be maintained. The Contractor is
responsible for any payments made by the City to obtain or maintain such insurance
17
rev. 8126196
and the City may collect the same from the Contractor or deduct the amount paid from
any sums due the Contractor under this agreement.
27. mmwwmag
The name of the persons who are authorized to give written notices or to receive written
notice on behalf of the City and on behalf of the Contractor in connection with the
foregoing are as follows:
For Contractor: Title CFOICorporate Secretary
Name Rob Bilbro
Address 750 B Street, Suite 1860
San Diego, California 92101
For City: Title Municipal Projects Manager
Name John J. Cahill
Address 2075 Las Palmas Drive
- Cartsbad, California 92009
28. BUSlNESS LlCFNSE
Contractor shall o&in and maintain a City of Carlsbad Business License for the
duration of the contract.
29. ENTlRE
This agreement, together with any other written document referred to or
contemplated herein, embody the entire agreement and understanding between the
parties relating to the subject matter hereof. Neither this agreement nor any provision
18
rev. 8126196
A
hereof may be amended, modified, waived or discharged except by an instrument in
writing executed by the party against which enforcement of such amendment, waiver or
discharge is sought.
Executed by Contractor this Ib W day of hw ,1997.
pjlcl+eL &.+h
ATTEST: \‘- - . . Y r-
(Proper notarial acknowledgment of execution by Contractor must be attached.)
(President or vice-president and secreta* or assistant secretary must sign for corporations. If only one
officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary
under corporate seal empowering that officer to bind the corporation.)
APPROVED AS TO FORM:
RONALD R. BALL City Attorney
19
rev. 8/26/96
Exhibit 1
Scope of Con8tructlon Management Services
Carlabad City Llbmry Project
1.0 Phase I - Praconatruction Phase (June 2,1997 to October 1,1997)
1.1 Mastsr Schedule - Prepare master schedule that defines critical milestone completion dates for
prewnstruction, wnstructiin and post construction phase ectivilies.
1.2 Project Confwuncs - Conduct design phase project wnference attended by tha design
professionals and Owner. During the project conference review project program, master schedule,
design phase mllastone schedule and budget.
1.3 Value Englneerlng/Cowtruct~bMty Rovhw - N/A . .
1.4 Coet E&m& Evaluqtlon - Review and wmment on wst wnsuttant’s estimate of project
construction cost.
1.5 Procurement Revk~ - Recommend schedule for Own&s purchase of tong lead time mater&
and equipment, coordinate procufement schedule with contract documents preparation by architect
and design team.
1.6 Pre-Bid Conference-Attend pre-bid conference conducted by Ownar and Architect to review
project scope and bid mquirernents with bidders.
2.0 Phtre II - ConMuctlon Phaar (October 1.1997 to. January 31,1999)
2.1 Pre-Constructlon Conference - Organize and record pfwxnstruction conference.
2.2 On-She Yan8gemant - Provide On-site wnstruction manager and documents wordinator to
provide contract adm~inistration as agent of the Owner. Establish and implement communication
procedures between Owner,‘Construction Manager, architect, other design professionals and
general contractor. .T
2.3 weekly Progress Meetings - Conduct weekly on-site team progress meetings, record and . .
distibute minutes.
2.4 Monthly Report 1 Generate monthly project status reports detailing progress, schedule,
wmptiance with spacifiins and financial status. Prepare other reports as noted in section 7 of
the Agreement
2.6 Bonds and buumnco - N/A.
Bilbro 6 Giftin Page 1 June 12,1987
2.6
2.7
2.8
2.9
2.10
2.11
2.12
2.13
2.14
2.16
2.16
2.17
2.18
- Exhibit 1 A,
Scope of Construction Management Services
Carlsbad City Llbmry Project
Qsneral Contractor’s Conatructlon Schedule - Review general contracWs construction
schedule to verify schedule is prepand ln accordance with the master schedule and contract
documents. Construction scheduk updates shall be provided with each progress payment.
Cost Loadad ConW Schaduk - N/A
Requeets for Intomratlon, Shop Drawings and Semphm - Verify for completeness and jog
general contractor’s requests for information, shop drawings, samples and other submittals.
Forward to the architect for review. Maintain submittal jog and requesk for cJarification, and
expedite processing and approval.
Mastar Schedule Control - Update master schedule incorporating general contractor’s acttvities
including processing of shop drawings, product data and samples and delivery of produck
requiring bng lead time procurement.
Dsily Progress Ra+a - ‘Keep daily kg with record of weather, number of workers, major
completion mileston& and problems encountered by general contractor.
Photographs - Keep weekly photographic documentatton of wnstruction progress. Each month
provide to Client approximately one set of 12 each photographs (35mm slide forr@), documenting
representative pmgress of the general contracWs work.
Varlattona In tha Work/Change Ofdar Authority - In accordance with Agreement s&ii 3.A,
authorize variations in the work from the contract documents. Provide wpies of authorizatiins to
Owner and applicable design team.
ReJection of Work - Endeavor to guard the Owner against defacts and dediciincies in the work.
As appropriate, require special inspection or testing, recommendations to the architect regarding
special Inspection or testing of work not in accordance with the contract documents.
Contract NonComplIance - Endeavor to achieve satisfactory performance from the general
wntyctor. Recommend wursa of action to the Owner when contract requiremenk are not being
futfilled. (Note: The C6nstruction Manager shall not have control over or charge of and shall not be
responsible for wnstructton means and methods since these are sokly the general wntractor’s
responsibi Sty. )
Off-Slta lnapactlon Services - Coordinab off-site inspection services.
Field Taatlng Sewice - Coordinate special fietd-tasting services (UBC 1701, roofing and
waterproofing).
Suweytng - Review survey documents provided by general contractor.
Ganaral Contmctor'a Safaty Progmm - Verify that general contractor has a CaUOSHA approved
safety program. Research fack associated with any lost-time accidents; raview accident reports
Btlbru 6 Glffin page2 June 12,lgg7
2.19
2.20
2.21
2.22
2.23
2.24
2.25
2.26
3.0
3.1
- Exhibit 1 6
Scope of ConaHruction Management Sewices
Carlsbad City Library Project
prepared by general wntractor. (Note: The Construction Manager shall not have control over or
charge of and shall not be rssponslble for saf6ty precautions and programs in connection with the
Mrk, since these are solely tha general contractor’s responsibilii.)
Track Control - Verify general wntractor has a City permitted traffic wntml plan for work In the
traveled-way.
Coat Accounting - Revise the approved construction cost estimate, incorporate approved
change6 and forecast6 as needed.
Progreaa PaymentaICartlfiad Payroll - Review general contractor’s payment applications (City of
Carl&ad tOrm wkh supporting trade breakdown spreadsheet) to determine if request reflects
progress of work. Make appropriate adjustment6 to payment application and forward a progress
payment report to the Owner which shall state contract price. payments to date, current payment
requested, retention and amounts owed for current period. Verify that the general contractor’s
certified payroll has been submitted ln conformance wlth the contract documents.
Change Order Preparation, NegoUatton and Procaaslng - Implement system for the review and
processing of contract change orders. Prepare change order cost evaluations and reconcile with
architeqt’s estimate. Negotiate change order6 with the general contractor. Prepare contract
change order document for execution by general contractor and Owner.
Change Order Reporta - Prepare change order reports which lii approved change orders,
description of change order work, ccst and percent completion of change order work.
As-Built Drawtnga - Review general wntractof s as-built drawings for compliance with contract
documents.
Record Documanta - Maintain record copy of contracts, drawings, specifications, addenda, and
change orders; shop drawlngs: product data: samples; submittals; applicable handbooks;
maintenance and operating manuals and tnstructions; other r&ted documenk and revisions which
arise but of the wntrac@r work. At the completion of the project deliver all records to the Owner.
lnltlal Start-Up - With architect and Owner maintenance personnel, observe the general
contractor’6 checkout of utitkier, operattonat systems and equipment for readiness and assist In
the& initial start-up and testing.
Phase III - Cbao-Out and Move-In (Fsbruary 1,1999 to March 31,1999)
Flnal Punchllat - Assist architect with ktentifying of a list of incomplete or unsatisfactory work
(‘punchlist’) and a schedule for their correction,
Bilbro (L Giffin Page 3 June 12,lQQ7
- h
3.2
3.4
3.6
3.6
3.7
3.9
3.9
3.10
4.0
Exhibit 1
Scope of Conmtruction Management Services
Carlabad Clty Library Project
Final lmpactlon - Assist arcbltect in conducting final inspections. Transmit to Owner the
guarantees, afftdavits, releases, bonds and waken. Deliver keys, manuals; record drawings and
maintenance stooks to Owner.
Operation and Maintenance Manuals - Coordinate general contractor’s submission of operation
and maintenance manuals. Ensure all manuals are complete, bound and indexed.
Training Maln(enmce Pwwonnal - Coordinate general contract&s training of maintenance
personnel. Ensure that O&M manuals are approved prior to training.
Closeout Documwtatlon - Secure and transmit closeout documentation as defined In sections
7.b 8 c, of the Agreement.
Flnal Payment - Make recommendation to the Owner for general contractor’s fmal progress , payment. ;
Flnal Report - Provide a final project report that includes financial summary of the consttuctiin .
costs and project change orders; construction summary and schedule review and summary of final
acceptance.
Occupancy Aubhtance - Coordinate the planning for move-in and occupancy. Assist Owner in
implementing a move-in and occupancy plan.
FFIE Installation - Assist Owner and Interior Designer with coordination of the FF&E installation.
Addltlonal Swkes
The scope of thk Agreement does not indude the following. Scope may be added by contract
amendment:
. Management of general general contmctot’s change orders that requires additional manpower.
* Review and follow-up with general general contractor, subgeneral contractors’ and vendors
regarding contr& required monthly lien releases and insurance requirements.
. Assistance wlth proounment of general general contractor and Owner’s FF&E vendors.
. Rev& of submlttak and shop drawings for compliance! with the contract documents.
. On-Me temporary office! Skies defined in sect& Za, b and c of Agreement, if necessary,
during Phase Ill of the work.
Bilbro & Giffin Page 4 June 12,1997
-
Exhlblt I- FN Schedule
cad&ad city Llbmy ProJoct
Eetlmato of Constmctlon Mmmgememt Fm
June 17,1@97
E8tlmatad Estimated
Descrlptlon Houfs Unit WUnlt Dumtkm Total
Phase 1: Pre-Construction (4 months)
Principal 4 hours $112.00 18 weeks $8,064
Sr. Construction Manager IO hours S66.00 , 18 weeks 515,840
CbricaJ/Document Contml 3hours $38.00 18 weeks 52,052
Phase 2: Construction Cl6 mom
Prindpal
Sr. Construction Manager
Clerical/Document Control
Fee Escalation (0/2/98)
2hours $112.00
40 hclufs $88.00
24 hours 338.00
6% $4,656.00
70 weeks
70 weeks
70 weeks
38 weeks
$15,680
$246.400
563,840
$10,057
Phase 3: Post-Construction (2 months]
Pr&ipal
Sr. Construction Manager
Cleric&Document Control
Fee Escalation (6/2/gg)
.- Total Estimated Staff Fees
* ‘? . .
‘1 hoti& .
40 hours
8 hours
6%
$118.72
s93.2lj
$40.28
S4,290.88
$4,128
8 weeks
8 weeks
8 weeks
0 weeks
96waeks
s1,900
$29,850
$2,578
so
$396,260
.,
Hours budgeted above are only an estimate of the total hours required for Contractor to complete the assigned
tasks; actual hours necessary to complete tasks may be greater or less than budgeted hours. Any hours worked or
invoiced in excess of budgeted hours must be first be approved in writing by a City of Carkbad representative.
Bilbro & GifFin 1 8117197
. Exhiblt 1 - Fae Schedule ._ - _-- ._ -. ---. -- _
-- -.-. Carlsbad City Library RoJe$ - - .-
.-~ Eetlmate of CM’s R&nbunrble Expnses --.- ._ Juno 11.1997 - _ -_ --- -- Est
tm Doscrlptlon
-. _ -+&y-- .-
Unlt $/Unit Est Tota
1. m
2. Compag Deik~ro 2000 NT w&stat WI monitor
i _-. .- .-
2jea $2,75&W / $5.516 .
3. Modem 2 ea . . -. __. $180.00 / $360
4. JAZ drive, back-up . . 1 ea $500.00 s500
z&Netwrk hardware .- lea $750.00 $750
S. ,HP 4V Laser Printer (11 x 17) 1 ea $2,495.&l $2,495
-7. Scanner 1 88 $500.00 . $500
6. MS OfFicePro softwai
-_
2 ea $530.00 .- - $1,060
9. Primevera “SureTrek”sfhnmre lea - . s4w.w -$400 - --_ __ _-
10. Primavera “Expedltlon”sftware --~- 11. Norton Anti-Virus &h&e’ __ --. - 2 ea. $2,500.00 -s5,000
2 ea $100.00 _- ._. . - ---W!
12. Nortqn Util sflware _ u. 2 ea $100.00 $200
13. WinFaxbro sflware
. _-
2 ea $100.00 - -- $200 . --- --
14. Back-up sflware 2 ea $100.00 $200
15. Computer System Installation .’ - 1 ea $750.00 $750
16. Cellular phone & pager, . 1 ea $150.00 $150 -_ 17. Camera (still) lea - $200.00 s2oo
16. Came&.(video) _
-- lea -_- __,
19. Sales tax 7.75% I6
$6?0.00 ---P)!!
$18,481 .OO -.-. - .-- ._ _ . $1,432
20.
23. Photo copier. 100 ppm
_24. Computer N!wrk maint _ _
25. ConFymabie supplies
26. Document reproduction - -- 27. Toner cartridges
?6. Messenger services’ . 1
29. PostageIFedEx -?
30. Photographs - ”
31. Job mileage (dxd commute) ,_
32. Desk accessorks/mlsc
33. Phase Reports “Final S~bmis@ons’ g.1 .’ --
._
- - 17mnth
---
$100.00 s1,70q-
17 mnth $500.00 - - $8,500
17 mntti’
.I7 mnth
$375.00 $6,375
$350.00 -- 17 &th _-- $5,9~
$250.00 $4 250
‘17 mnth _.- .---. L $50.00 ..- --. $75.90 - @Jc -.
17 mnth SlE
17 mnth - _ . ~s150.00 . $2,550
17 mnth $200.00 . ..- $3,400
17 rnnth $100.09 $1,700-
1 mnth $5ocmJ $500
3 ee $750.00 . . _ $2,250
.-- -- . .
_-
Bilbro 6 Giffh p-1
. - I .
7 CALIFORNIA ALL-PURPOSd ACKNOWLEDGMENT
Slate of
10 I Name(s) of Signer(s)
0 personally known lo me - OR -wed lo me on the basis of satisfactory evidence to be the person(s)
whose name(s) is/are subscribed lo the within instrument
and acknowledged lo me that he/she/they executed the
same in his/her/their authorized capacily(ies), and that by
his/her/their signature(s) on the instrument the person(s),
or the entity upon behalf of which the person(s) acted,
executed the instrument.
OPbONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages: TS
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer’s Name:
Cl Individual - ‘-
Cl Corporate Officer Title(s):
Cl Partner - Cl Limited 0 General
Cl Attorney-in-Fact
Signer’s Name:
Cl individual
•i Corporate Officer
Title(s):
0 Partner - 0 Limited Cl General
q Attorney-in-Fact
0 Trustee
q Guardian or Conservator
q Other:
0 Trustee
0 Guardian or Conservator
q Other:
Signer Is Representing: Signer Is Representing:
0 1994 Natfonal Notary Association l 8236 Remmet Ave., P.O. Box 7164 - Canoga Patic. CA 61309-7164 Prod. No. 5907 Reorder: Call Toll-Free 1-600-676-6627
AGREEMENT FOR CONSTRUCTION MATERIALS
TESTING AND INSPECTION SERVICES FOR THE
CARLSBAD CITY LIBRARY PROJECT
THIS AGREEMENT is made and entered into as of the 3rd day of
SEPTEMBER , 1997, by and between the CITY OF CARLSBAD, a municipal
corporation, hereinafter referred to as “City”, and LAW / CRANDALI, a Division of Law
Engineering and Environmental Services, hereinafter referred to as “Contractor.”
RECITALS
City requires the services of a construction materials testing and inspection
Contractor to provide the necessary testing and inspection services for the Carlsbad
City Library project, hereinafter referred to as the “Project”; and Contractor possesses
the necessary skills and qualifications to provide the services required by the City;
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, City and Contractor agree as follows:
1. CONTRACTOR’S OBLIGATIONS
Contractor shall provide the scope of services as outlined in “Exhibit 1” attached
hereto and incorporated by reference herein. Contractor shall coordinate all activities
with the City’s authorized representative(s). Contractor shall provide five (5) copies of
all reports, exhibits, correspondence, studies, data, materials testing and inspection
results, and all other written documentation produced as a result or product of this
scope of work. Contractor shall provide all required transportation, office facilities,
equipment, materials, supplies, and other necessary systems during the Project.
1
rev. 8126196
The City shall designate an authorized representative(s) to work with Contractor
during the’project. City shall pay Contractor in accordance with the attached Exhibit 1
scope of work, rates, fees, and costs. City reserves the right to approve in advance all
personnel recommended by Contractor to work on the Project and Contractor shall
promptly replace any personnel so requested by City during the course of the Project.
City shall provide, or cause to be provided by others, copies of all existing and available
plans, specifications, exhibits, reports, data, materials, or other information related to
the Project. City shall provide, or cause to be provided by others, at all times during the
Project access to the Project for Contractor.
3. PROGRESS AND COMPLETION
The work under this contract will begin within ten (10) days after receipt of
notification to proceed by the City and be completed within 18 months of that date.
Extensions of time may be granted if requested by the Contractor and agreed to in
writing by the City Manager or his authorized representative . The City Manager or his
authorized representative will give allowance for documented and substantiated
unforeseeable &d unavoidable delays not caused by a lack of foresight on the part of
the Contractor, or delays caused by City inaction or other agencies’ lack of timely
action.
4. FEFS TO BE PAID TO CONTRACTOR
The total fee payable for the services to be performed shall be $79,209 on a time
rev. 8126196
and materials basis and shall include:
1. Inspection and testing services as
* described in attached Exhibit 1: $70,889
2. Roofing inspection and consulting: $ 8.33Q
3. Total services: $79,209
No other compensation for services will be allowed except those items covered
by supplemental agreements per Paragraph 8, “Changes in Work.” Incremental
payments shall be monthly based upon Contractor’s submittal of a detailed invoice for
City’s review.
5. DURATION OF CONTRACT
This agreement shall extend for a period of 18 months from the date thereof.
The contract may be extended by the City Manager for 1 additional one (1) year period
or parts thereof, based upon a review of satisfactory performance and the City’s needs.
The parties shall prepare extensions in writing indicating effective date and length of the
extended contract.
6. PAYMENT OF FEES
Payment-of approved items on the invoice shall be mailed to the Contractor
within 30 days of receipt of the invoice.
7. FINAL SUBMISSIONS
Within 10 days of completion and final approval of the Project by City, the
Contractor shall deliver to the City 5 copies of all final project documents, studies,
rev. 8126196
3
.’ :.
reports, exhibits, materials, and all other project data produced by Contractor for the
Project.
8. CHANGES
If, in the course of the contract, changes seem merited by the Contractor or the
City, and informal consultations with the other party indicate that a change in the
conditions of the contract is warranted, the Contractor 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 by Contractor to
inform them of the proposed changes along with a statement of estimated changes in
charges or time schedule. A Standard Amendment to Agreement shall be prepared by
the City and approved by the City according to the procedures described in Carlsbad
Municipal Code Section 3.28.172. Such Amendment to Agreement shall not render
ineffective or invalidate unaffected portions of the agreement.
9. COVENANTS AGAINST CONTINGENT FEES
The Contractor warrants that their firm has not employed or retained any
company or person, other than a bona fide employee working for the Contractor, to
solicit or secure this agreement, and that Contractor 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 contingent upon, or resulting
from, the award or making of 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,
4
rev. 8126196
to deduct from the agreement price or consideration, or otherwise recover, the full
amount of such fee, commission, percentage, brokerage fees, gift, or contingent fee.
IO. NDISCRIMWN CLAUSE
The Contractor shall comply with the state and federal laws regarding
nondiscrimination.
11. TERMINATION OF CONTRACT
In the event of the Contractor’s failure to prosecute, deliver, or perform the work
as provided for in this contract, the City Manager may termjnate this contract for
nonperformance by notifying the Contractor by certified mail of the termination of the
Contractor. The Contractor, thereupon, has five (5) working days to deliver said
documents owned by the City and all work in progress to the City Manager or his
authorized representative. The City Manager or his authorized representative shall
make a determination of fact based upon the documents delivered to City of the
percentage of work which the Contractor 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 Manager, the Manager shall determine the final payment of the contract.
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 Contractor 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 Contractor shall be paid for work performed to the termination date;
rev. 8/26/96
5
however, the total shall not exceed the lump sum fee payable under paragraph 4. The
City Manager shall make the final determination as to the portions of tasks completed
and the coinpensation to be made.
12. 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 Contractor
or the City Manager or his authorized representative. 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 Manager or his
authorized representative 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.
rev. 8/26/96
13. $J&JQlS AND LAWSUITS
The Contractor agrees that any contract claim submitted to the City must be
asserted as part of the contract process as set forth in this agreement and not in
anticipation of litigation or in conjunction with litigation. The Contractor acknowledges
that if a false claim is submitted to the City, it may be considered fraud and the
Contractor may be subject to criminal prosecution. The Contractor acknowledges that
California Government Code sections 12650 et seq., the False Claims Act, provides for
civil penalties where, a person knowingly submits a false claim to a public entity. These
provisions include false claims made with deliberate ignorance of the false information
or in reckless disregard of the truth or falsity of information. If the City of Carlsbad seeks
to recover penalties pursuant to the False Claims Act, it is entitled to recover its
litigation costs, including reasonable attorney’s fees. The Contractor acknowledges that
the filing of a false claim may subject the Contractor to an administrative debarment
proceeding wherein the Contractor may be prevented to act as a Contractor on any
public work or improvement for a period of up to five years. The Contractor
acknowledges debarment by another jurisdiction is grounds for the City of Carlsbad to
disqualify the Contractor from the selection process. MLftnitial)
The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026,
3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference.
f%lJQlnitial)
rev. 8126196
7
14. STATUS OF THE CONTRACTOR
The Contractor shall perform the services provided for herein in Contractor’s own
way as an independent Contractor and in pursuit of Contractor’s independent calling,
and not as an employee of the City. Contractor shall be under control of the City only
as to the result to be accomplished, but shall consult with the City as provided for in the
request for proposal. The persons used by the Contractor to provide services under this
agreement shall not be considered employees of the City for any purposes whatsoever.
, The Contractor is an independent Contractor of the City. The payment made to
the Contractor pursuant to the contract shall be the full and complete compensation to
which the Contractor is entitled. The City shall not make any federal or state tax
withholdings on behalf of the Contractor or his/her employees or subcontractors. The
City shall not be required to pay any workers’ compensation insurance or
unemployment contributions on behalf of the Contractor or his/her employees or
subcontractors. The Contractor agrees to indemnify the City within 30 days for any tax,
retirement contribution, social security, overtime payment, unemployment payment or
workers’ compensation payment which the City may be required to make on behalf of
the Contractor or any employee or subcontractor of the Contractor for work done under
this agreement or such indemnification amount may be deducted by the City from any
balance owing to the Contractor.
The Contractor shall be aware of the requirements of the Immigration Reform
and Control Act of 1986 and shall comply with those requirements, including, but not
8
rev. 8/26/96
limited to, verifying the eligibility for employment of all agents, employees,
subcontractors and Consultants that are included in this agreement.
15.
The Contractor shall cause all drawings and specifications to conform to all
applicable requirements of law: federal, state and local. Contractor shall provide all
necessary supporting documents, to be filed with any agencies whose approval is
necessary. The City will provide copies of the approved plans to any other agencies.
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
upon receipt of payment from City to Contractor, Contractor shall have the right to
make one (1) copy of the plans, studies, sketches, drawings, reports, and specifications
for his/her records.
17. REPRODUCTION RIGHTS
The Contractor agrees that all copyrights which arise from creation of the work
pursuant to this contract shall be vested in City and hereby agrees to relinquish all
claims to such copyrights in favor of City.
18.
Contractor agrees to indemnify and hold harmless the City of Carlsbad and its
9
rev. 8/26/96
officers, officials, employees and volunteers from and against all claims, damages,
losses and expenses including reasonable attorney fees to the extent arising out of the
performance of the work described herein caused in whole or in part by any willful
misconduct or negligent act or negligent omission of the Contractor, any subcontractor,
anyone directly or indirectly employed by any of them or anyone for whose acts any of
them may be liable, except where caused by the active negligence, sole negligence, or
willful misconduct of the City of Cartsbad.
Contractor shall at its own expense, upon written request by the City, defend any
such suit or action brought against the City, its officers, officials, employees and
volunteers. Contractors indemnification of City shall not be limited by any prior or
subsequent declaration by the Contractor.
19. ASSIGNMENT OF CONTRACT
The Contractor shall not assign this contract or any part thereof or any monies
due thereunder without the prior written consent of the City.
20. SUBCONTRACTING
If the Contractor shall subcontract any of the work to be performed under this
._
contract by the Contractor, Contractor shall be fully responsible to the City for the acts
and omissions of Contractor’s subcontractor and of the persons either directly or
indirectly employed by the subcontractor, as Contractor is for the acts and omissions of
persons directly employed by Contractor. Nothing contained in this contract shall
create any contractual relationship between any subcontractor of Contractor and the
10
rev. 8/26/96
City. The Contractor shall bind every subcontractor and every subcontractor of a
subcontractor by the terms of this contract applicable to Contractor’s work unless
specifically noted to the contrary in the subcontract in question approved in writing by
the City.
21. 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 this agreement, shall become directly or indirectly interested personally in
this contract or in any part thereof. No officer or employee of the City who is authorized
in such capacity and on behalf of the City to exercise any executive, supervisory, or
similar functions in connection with the performance of this contract shall become
directly or indirectly interested personally in this contract or any part thereof.
22. 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 entitle
.e
additional payment whatsoever under the terms of this contract.
23. SUCCESSORS OR ASSIGNS
the Contractor to any
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
11
rev. 8126196
assigns.
24. WFFCTIVF DATE
This agreement shall be effective on and from the day and year first written
above.
25. CONFLICT OF INTEREST
The Contractor shall file a conflict of interest statement with the City Clerk in
accordance with the requirements of the City’s conflict of interest code incorporating
Fair Political Practices Commission Regulation 18700 as it defines A consultant. The
disclosure category shall be categories 1, 2, 3, and 4.
26. JNSURANCE
The Contractor shall obtain and maintain for the duration of the contract and any
and all amendments insurance against claims for injuries to persons or damage to
property which may arise out of or in connection with performance of the work
hereunder by the Contractor, his agents, representatives, employees or subcontractors.
Said insurance shall be obtained from an insurance carrier admitted and authorized to
do business in the State of California. The insurance carrier is required to have a
current Best% Key Rating of not less than “A-Y and shall meet the City’s policy for
insurance as stated in Resolution No. 91-403.
A. Coveraaes and Limits,
Contractor shall maintain the types of coverages and minimum limits
indicated herein, unless a lower’ amount is approved by the City Attorney or City
rev. 8/26/96
12
-
Manager:
1. Comprehensive General Liability Insurance. $1 ,OOO,OOO combined
single-limit per occurrence for bodily injury, personal injury and property damage. If the
submitted policies contain aggregate limits, general aggregate limits shall apply
separately to the work under this contract or the general aggregate shall be twice the
required per occurrence limit.
2. Automobile Liability (if the use of an automobile is involved for
Contractor’s work for theCity). $1 ,OOO,OOO combined single-limit per accident for bodily
injury and property damage.
3. Workers’ Compensation and Employer’s Liability. Workers’
Compensation limits as required by the Labor Code of the State of California and
Employer’s Liability limits of $1 ,OOO,OOO per accident for bodily injury.
4. Professional Liability. Errors and omissions liability appropriate to
the contractor’s profession with limits of not less than $1 ,OOO,OOO per claim. Coverage
shall be maintained for a period of three years following the date of completion of the
work.
Provisions.
Contractor shall ensure that the policies of insurance required under this
agreement contain, or are endorsed to contain, the following provisions.
1. The City shall be named as an additional insured on all policies
excluding Workers’ Compensation and Professional Liability.
13
rev. 8126196
.,
C
2. The Contractor shall furnish certificates of insurance to the City
before commencement of work.
3. The Contractor shall obtain occurrence coverage, excluding
Professional Liability which shall be written as claims-made coverage.
4. This insurance shall be in force during the life of the agreement and
any extension thereof and shall not be canceled without 30 days prior written notice to
the City sent by certified mail.
5. If the Contractor fails to maintain any of the insurance coverages
required herein, then the City will have the option to declare the Contractor in breach, or
may purchase replacement insurance or pay the premiums that are due on existing
policies in order that the required coverages may be maintained. The Contractor is
responsible for any payments made by the City to obtain or maintain such insurance
and the City may collect the same from the Contractor or deduct the amount paid from
any sums due the Contractor underthis agreement.
14
rev. 8126196
27. RESPONSU PARTIES
The name of the persons who are authorized to give written notices or to receive
written notice on behalf of the City and on behalf of the Contractor in connection with
the foregoing are as follows:
For Contractor: Title:
Name:
Address:
For City: Title:
Name:
Address:
28. BUSINESS LICENSE
Manager, Engineering Services
Lawrence E. Carroll
9177 Sky Park Court
San Diego, California 92123
Municipal Projects Manager
John J. Cahill
2075 Las Palmas Drive
Cansbad, California 92009
Contractor shall obtain and maintain a City of Carlsbad Business License for the
duration of the contract.
29. ENTIRE AGREEMENT
This agreement, together with any other written document referred to or
contemplated herein, embody the entire agreement and understanding between the
parties relating to the subject matter hereof. Neither this agreement nor any provision
hereof may be amended, modified, waived or discharged except by an instrument in
writing executed by the party against which enforcement of such amendment, waiver or
discharge is sought.
15
rev. 8126196
C
Executed by Contractor this day of Jwy , 1997.
CONTRACTOR:
LAJ$pJ;~gy$fiG.
&Ed u @eMwd/I’B
(print name/title)
o&
ATTEST:
(sign here)
(print name/title) ALETHA L. RAUiENRRANZ City Clerk
(Proper notarial acknowledgment of execution by Contractor must be attached.)
(President or vice-president and secretary or assistant secretary must sign for corporations. If only one
officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary
under corporate seal empowering that officer to bind the corporation.)
APPROVED AS TO FORM:
RONALD R. BALL ’ City Attorney
16
rev. 8/26/96
NOTARIAL, ACKNOWLEDGMENT
STATE OF GEORGIA
COUNTY OF COBB
I,Ttwmt m OuAhlS , a notary in good standing in the State of Georgia, am kniliar
with and hereby acknowledge the signatures of Glum N. Coffman, as Vice President, and Lawrence D.
Young, as SecreUy, of Law Engineering and Environmental Services, Inc. (the “Corporatio~$‘), a
Georgia corporation with the California division known as Law/Crandall. I further state that the
Secretary has confirmed to me that Mr. C&man is currently a Vice President with the Corporation with
full authority to bind the Corporation under Georgia law.
Signed: &.+&A. G$l.L
Date: 23.1991 0 u ’ N&try Public, DeKalb Co&, Georgia My commission expires on: my Commissipn Fx-.ircs September 22,200O SEAL
-4 EXHIBIT 1
LAW/CRANDALL,INC.
ENGINEERING AND ENVlRONMENTAL SERVICES
April 22, 1997
Mr. John J. Cahill
Municipal Projects Manager
City of Carlsbad
2075 Las Palmas Drive
Carlsbad, California 92009- 1576
Subject: Proposal for Construction Materials Testing and Inspection Services
Carlsbad City Library Project
El Camino Real and Dove Lane I
Carlsbad, California
LawKrandall Proposal 70341-7-8076
Dear Mr. Cahill:
We are pleased to respond to your request for proposal for Construction Materials Testing and
Specialized Inspection services during construction of the Carlsbad City Library. The San Diego
Office of LawKrandall, a Division of Law Engineering and Environmental Services, Inc., is very
interested in providing these services for this project. We have a staff of 28 technicians and
inspectors, with an average of 11 years experience in the testing and inspection field. This
includes Registered Special Inspectors, Non-Destructive Evaluators, and Soil, Concrete, Roofing
and Asphalt Technicians.
In addition, our professional staff, which includes Registered Engineers, Architects and Roof
Consultants, are utilized to technically supervise the technical staff and to assist the owner in
evaluating and solving construction quality issues that surface during the project.
For the special inspection on this project we propose to use one of our senior registered special
inspectors. Attached are resumes for Mr. Ken Varela and Mr. Tom Zeffi. Both of our proposed
inspectors are registered for structural steel, concrete, masonry, and fireproofing, through the
ICBO and the City of San Diego and are Certified Welding Inspectors through the American
Welding Society (AWSKWI). If the work schedule requires a second inspector we will provide
an inspector registered in the discipline required. All required Ultrasonic Testing will be
performed by a ASNT Level II non-destructive testing technician.
We have prepared the following preliminary cost estimate for your review. To prepare our cost
estimate we have reviewed the relevant specification sections provided by Mr. Les Medlin of
McGraw-Baldwin Architects, The plans we reviewed are dated 10-28-91. It is our understanding
that the plans and specification are being revised. This cost estimate has been prepared without
the benefit of a construction schedule. When the construction schedule has been determined we
can revise our estimate if requested. Our work will be invoiced on a time and materials basis. Our
estimate of fees to provide the services requested in your letter dated April 15, 1997 is as follows.
9177 SKY PARK CT. -SAN DIEGO, CA 92123 1619) 2763606 * FM {619) 276-5300
mr ff I* uwc0vANIrS d
. I.
Ciry of Carlsbad April 22, 199 7
. .* . . - Co&bad City Library Prqiect Law/Crandall Proposal 70341-7-8076
Proposal for Construction Materials Testing and Inspection Services
l Reinforced Concrete (includes footings, slabs-on-grade, and elevated metal deck)
Registered Special Inspector, 120 hours at $5 l/per hour . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..~............. $6,120
l Reinforced Masonry
Registered Special Inspector, 320 hours at $5 l/per hour . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $16,320
l Structural Steel
1. Fabrication Shop Inspection (spot check) for approved fabricators
Registered Special Inspector, 40 hours at $5 l/per hour . . . . ..a....................................... $2,040
2. Field Welding and Bolting Inspection
Registered Special Inspector, 240 hours at $5 l/per hour . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $12,240
3. Field Welding Inspection of Miscellaneous Metal
Registered Special Inspector, 40 hours at $S l/per hour . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $2,040
l Fireproofing Inspection (if required)
Registered Special Inspector, 40 hours at $5 l/per hour . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $2,040
. Crib wall backfill and site work
Soil Technician, 160 hours at $4S/per hour . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $7,200
l Crib wall concrete (fabricate cylinders at the plant [unknown at this time] plus travel)
Concrete Technician, 20 hours at $45/per hour . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $900
l Structural Concrete (part-time technician to assist special inspection during large placements)
Concrete Technician, 40 hours at $45/per hour . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $1,800
. .
l Maximum Density Determination (crib wall backfill)
1 at $150 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ...... $150
l Compressive Strength Testing
5 sets of 4 cylinders (crib wall) at SlUper cylinder.. .......................................................... $240
18 sets of 4 cylinders (reinforced concrete) at S 12/per cylinder ......................................... $864
12 pick-ups at $35 per pick-up & delivery .......................................................................... $420
l Absorption Testing
5 tests (crib wall) at $20 per test . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $100
* .
City of Car&bad April 22. 1997 I_ .’ . Curlsbad Ci(y Library Project L.aw/CrandaIl Proposal 70341- 7-8076 Proposal for Construction Materials Testing and Inspection Services
l Masonry Testing
15 sets of 3 specimens (grout) at S I S/per specimen ............................................................ $675 15 sets of 3 specimens (mortar) at S 1 S/per specimen ......................................................... $675 3 sets of 3 specimens (masonry prisms) at $135/per specimen ....................................... $1,215
l High Strength Bolt Testing
50 bolts for hardness and wedge tensile at $55/per bolt . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $2,750
l Fireproofing Testing
10 samples for density at $45/per sample . . . . . . . . . . . . * . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $450
Time spent in review of project specifications, test results analysis and reporting, concrete mix
review (3 mixes) and technical supervision.
50 hours at SlOO/per hour . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $5,000
Overtime
We estimate 10% of labor hours should be budgeted for overtime . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $7,650
TOTAL ESTIMATE . . . . . . . . . . . . . ..f........................................................................................... 370,889
ADDITIONAL SER VICES
Estimate 3 weeks to install roof membrane system. We propose to provide a Roofing Inspector,
full-time to observe the rooting process and document that the installation is in accordance with
the project specifications.. In addition, we propose to conduct a pre-roofing conference with the
installer, general contractor and representatives of the owner to define the process to be utilized,
determine proposed material suitability, resolve questions or concerns and to set schedules. A
final report will be issued after completion of the roofing process.
Rooting Inspection, 128 hours at $SO/hour.. ........................................................................... $6,400
Rooting Consultant, 24 hours at $SO/hour .............................................................................. $1,920
We have used the current rates established in our annual agreement with the City of Carlsbad as
amended through February 14, 1997, for all services identified above. Overtime will be charged at
I.5 times the hourly rate expended. No mileage will be charged for travel within a 30 mile radius
of our San Diego office. Travel time is included in our estimate where appropriate.
3
.
. 1
City of Carkbad April 22. 1997 * ‘. l Carlsbad City Library Project LuwKrandall Proposal 70341-7-8076 Proposal for Construction Materials Testing and Inspection Services
If you have any questions, please call us at (619) 278-3600. We look forward to continuing our
successful relationship with the City of Carlsbad on this project.
Sincerely,
LAWKXUNDALL, A Division of Law Engineering and Environment Services, Inc.
Lawrence E. Carroll
Manager, Engineering Services
David C. Wilson, RCE 54734
Project Engineer
Attachments: Proposal Acceptance Sheet
Resume, Ken Varela
Resume, Tom Zeffuo
i:kngbroplf 997karMad cryWO76.docUEC:mas