HomeMy WebLinkAbout1997-10-07; City Council; 14369; APPROVAL OF AN AGREEMENT WITH THE EARTH TECH INC TO PROVIDE PROFESSIONAL ENGINEERING SERVICES\'
APPROVAL OF AN AGREEMENT WITH
ENGINEERING SERVICES FOR
MTG. 10/07/97 EARTH TECH, INC., TO PROVIDE PROFESSIONAL
RECOMMENDED ACTION:
Adopt Resolution No. q?@''' approving an agreement with Earth Tech, Inc., tc
engineering services to prepare plans, specifications and cost estimate for the South
Village Storm Drain, Project No. 3528 and Phases 9 & 10 of the Vista/Carlsbad In Sewer Project, Project No. 31 82.
ITEM EXPLANATION :
The South Carlsbad Village Storm Drain, Project No. 3528 and Phases 9 & I( VistaKarlsbad Interceptor Sewer Project, CMWD 91 -403 have been combined for de construction due to several factors. These factors include the proposed timing of the the common alignment of both projects, a desire to minimize disruptions to traffi construction and expected cost savings for both design and construction. The bi design of the combined project is $457,896.
The area affected by the project is bounded by Oak Avenue, the west side of Intf right-of-way, Agua Hedionda Lagoon, and the San Diego Northern Railway right-of-way. The storm drain and interceptor sewer pipelines parallel each other in a r:
Oak Avenue, Chestnut Avenue and within the SDNR right-of-way. In addition to tt streets, the storm drain project will involve Harding Street and portions of Palm Magnolia Avenue, and Madison Street.
The Engineering Department, in cooperation with the Carlsbad Municipal Water (CMWD), requested proposals for professional engineering services from six engineering companies. Responses were received from four of these firms. A : committee composed of staff from both Engineering and CMWD evaluated the propo selected the firm of Earth Tech, Inc., as the most qualified firm to provide the re services. The proposals were evaluated on the merits of the firms' past exF
a performance of similar work, ability to provide services, and the quality of the proposal. u
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FISCAL IMPACT: 5
The proposed budget for the engineering services is $457,896. The amount includes 3 for work associated with the South Carlsbad Village Storm Drain pipelines, $1 53,756 associated with the Phases 9 & 10 Vista/Carlsbad interceptor Sewer pipelines and $4:
contingencies. The contingency amount is ten percent (1 0%) of the estimated design s
Funds in the amount of $940,000 were previously appropriated for the South Carlsba Storm Drain. The project cost estimated for the storm drain portion of the engineering is $262,140 and $26,473 for contingencies; therefore, there are sufficient funds avai this portion of the project.
Funds in the amount of $3.9 million were previously appropriated for the Vista/( Interceptor Sewer. The project cost estimated for the interceptor sewer portior engineering services is $1 53,756 and $1 5,527 for contingencies; therefore, there are : funds available for this portion of the project. This portion of the project is a joint effort
reimbursed $96,405 by the City of Vista. Any contingency cost will be apportioned wt- is authorized by the District Engineer for the Carlsbad Municipal Water District.
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0 Carlsbad and the City of Vista. Carlsbad is responsible for $57,351 of the cost. Carlsba
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ENVIRONMENTAL:
The agreement being forwarded for approval is for the design of improvemen
specifications, and cost estimates which have no environmental impact. Plann
Engineering staff have walked the site as a pre-environmental review. As a result of'
review, it was determined that archaeological and biological field surveys should be pe
RECON was retained to perform the archaeological survey and provide a report
findings. Dudek & Associates was retained to perform the biological survey and p
report on their findings. These reports are being included as exhibits to the Envirc
Impact Assessment Form being completed and submitted to the Planning Department
Planning Department concurrent with the design of the plans. No significant adverse
are expected to result from the Environmental Impact Assessment. Depending on the
of the Environmental Impact Assessment, the project could be re-designed to res
environmental concerns.
review and action, The Environmental Impact Assessment Form will be evaluate(
k
EXHIBITS:
1. Location Map for South Carlsbad Village Storm Drain, Project No. 3528.
2. Location Map for Phases 9 & 10 of the Vista/Carlsbad Interceptor
Project No. 3182.
Resolution No. 9 q-b2° approving an agreement with Earth Tech, Inc., tc
engineering services to prepare plans, specifications and cost estimate for tt
Carlsbad Village Storm Drain, Project No. 3528 and Phases 9 & 10
Vista/Carlsbad Interceptor Sewer, Project No. 31 82.
Consultant Agreement with Earth Tech, Inc., for engineering services.
3.
4.
Project Name:
SOUTH CARLSBAD VILLAGE
STORM DRAIN PROJECT
Project Exh
No. NI
3528 1
PHASES 9 & 10 VISTA / CARLSBAD
INTERCEPTOR SEWER PROJECT
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RESOLUTION NO. 97-6-20
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT WITH
EARTH TECH, INC., FOR ENGINEERING SERVICES TO PREPARE PLANS, SPECIFICATIONS AND COST ESTIMATES FOR THE
SOUTH CARLSBAD VILLAGE STORM DRAIN PROJECT, PROJECT NO. 3528 AND PHASES 9 & 10 OF THE VISTNCARLSBAD
INTERCEPTOR SEWER PROJECT, PROJECT NO. 3182
WHEREAS, the City Council of the City of Carlsbad, California, has determir
necessary and in the public interest to approve and accept an agreement with Earth Tech
for engineering services to prepare plans, specifications and cost estimates for the
Carlsbad Village Storm Drain, Project No, 3528 and Phases 9 & 10 of the VistalCa
Interceptor Sewer, Project No. 3182; and
WHEREAS, the Engineering Department, in cooperation with the Carlsbad Mu
Water District, requested proposals to provide engineering services to prepare
specifications and cost estimates for the South Carlsbad Village Storm Drain and Phases
of the VistdCarlsbad Interceptor Sewer and received proposals from Dudek & Assc
Malcolm Pirnie, Inc., Daniel Boyle Engineering and Earth Tech, Inc., and after review
proposals, staff selected Earth Tech, Inc., as the best qualified firm based on their expc
and expertise on similar types of projects; and
WHEREAS, funds in the amount of $940,000 were previously appropriated for thr
Carlsbad Village Storm Drain and the project cost estimated for the storm drain portior
engineering services is $262,140 and $26,473 for contingencies; therefore, there are s
funds available for this portion of the project; and
WHEREAS, funds in the amount of $3.9 million were previously appropriated
VistaICarlsbad Interceptor Sewer and the project cost estimated for the interceptor sewe'
of the engineering services is $153,756 and $15,527 for contingencies; therefore, ti
sufficient funds available for this portion of the project; and
WHEREAS, Carlsbad is responsible for $57,351 of the cost of the Vista/(
Interceptor Sewer, and will be reimbursed $96,405 by the City of Vista; and
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WHEREAS, the Mayor is hereby authorized to execute the proposed agreerne
engineering services with Earth Tech, Inc., to provide plans, specifications and cost estirnat
the South Carlsbad Village Storm Drain and the VistdCarlsbad Interceptor Sewer project.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Car
California, as follows:
1. That the above recitations are true and correct.
2. That the agreement with Earth Tech, Inc., for engineering services to p
plans, specifications and cost estimates, a copy of which is attached as Exhibit 4, is
approved.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City (
held on the 7th day of October , 1997 by the following vote, to wit:
AYES: Council Members Lewis, Finnila, Nygaard and Kulchin
NOES: None
ABSENT: None
ABSTAIN: Council Member Hall
ATTEST:
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~wffEN>~eci~~ (SEAL)
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AGREEMENT
FOR
PROFESSIONAL ENGINEERING SERVICES
THIS AGREEMENT is made and entered into as of the 14th day (
, 19x, by and between the CITY OF CARLSBAD, a municip; OCTOBER
corporation, hereinafter referred to as "City", and Earth Tech. Inc.
hereinafter referred to as "Contractor."
RECITALS
City requires the services of an Independent Contractor to provide tt
necessary Enqineerinq services for preparation of plan
specifications and cost estimate for the South Carlsbad Villaae Storm Drain ar
VistalCarlsbad Interceptor Sewer; and Contractor possesses the necessary skills ar
qualifications to provide the services required by the City;
NOW, THEREFORE, in consideration of these recitals and the mutual covenar
contained herein, City and Contractor agree as follows:
1. CONTRACTOR'S OBLIGATIONS
A. Project Management
1.
2.
Project Meetings shall include an initial project kick-off meeting w monthly meetings until the project is complete.
Prepare a detailed project schedule using Microsoft Project, or ott approved software of the preliminary and final design phases. T
project schedule shall be updated monthly and each submittal a be provided to CITY project manager sufficiently prior to the montl
meetings for adequate review.
3. Quality assurance review.
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8, Preliminary Design
1. Data collection to include existing record drawings, utility researcl
property owners, and any other relevant information.
2. Perform an hydraulic analysis to verify required pipe size an minimum slope for both the storm drain and sewer pipeline.
3. Prepare topographic strip map (I” = 40’ scale) showing all existin
features and using a 2-foot contour interval. The map should t:
sufficiently wide (200’ minimum) to include toe of slope extension: driveways, property lines, property addresses, assessor parcl numbers and right-of-way limits.
Identify and accurately locate vertically, and horizontally, all utilitie
and underground objects which will affect construction and show c
requesting utility agencies to pothole as needed.
Prepare preliminary design on a screened topographic background.
Schedule and attend meetings as need to review scope at eai
stage with staff, San Diego Northern Railroad, utility companies ar the City of Vista.
7. Provide recommendations to staff regarding design and ai additional recommendations you feel should be considered.
8. Provide a preliminary cost estimate. The estimate shall be dividt
into separate sections to identiv storm drain items, sewer items ai joint items.
4.
plans. Do not assume utility records are accurate but verify I
5.
6.
C. Final Design
1. Prepare plans in ink on ‘mylar, or other media acceptable CITY/CMWD, on screened topographic map using I” = 40’ horizon
approved final plans in digital format compatible with AutoCAU Rl 13.4. Digital drawings shall be on 3%’’ floppy disks or other mec approved by the CITY/CMWD.
2. Include in the improvement a typed list of contract items to included in the Contract Documents.
3. Prepare detailed calculations and summary sheet of Engine€
Estimate. The estimate shall be divided into separate sections identify storm drain items, sewer items and joint items.
Prepare hydrologic and hudraulic reports which will include Bc Management Practices.
Prepare detour, phasing and traffic control plans.
scale and exaggerated vertical scale 1’ = 4’. Provide one set
4.
5. Prepare Erosion Control plans.
6.
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7. Prepare technical specifications, including standard and speci provisions: provide printed original and digital copy in Microsoft WOI
Technical specifications shall be in Green Book format.
8. Coordinate with City-selected soils engineer and incorpora recommendations of the soils engineer into the plans ar specifications.
9. Provide to the CITY project manager, in a timely manner, copies
telephone conversations reports and meeting minutes.
10. Provide sixteen (16) sets of bluelines of plans at 30%, 70% and 90
plancheck submittals.
11. Provide ten (IO) copies of the technical specifications at 30%, 70‘ and 90% plancheck submittals.
D. Prepare a Storm Water Pollution Prevention Plan (SWPPP) for the projec This task is to be initiated only upon specific written authorization by the C11 project manager.
E. NPDES permit preparation and processing. This task is to be initiated or upon specific written authorization by the CITY project manager.
version 7 to the CITY upon approval by the ClTY and CMWD
2. CITY OBLIGATIONS
The City shall:
1. Provide consultant with one digital copy of City and CMWD Standard a
Special Provisions in Microsoft Work ,. format.
2. Provide consultant with one (1) copy of the Geotechnical Investigation Rep1 prepared for the project.
3. Provide one (1) copy, on 3%” diskette, of City title sheet in AutoCAD Relea 13 format.
4. Provide one (1) blueline copy of all available existing sheet and utility plans
5. Provide one (1) blueline copy of preliminary sewer pipeline plan.
6. Expeditious review of plans in conformance with the design schedule.
7. The City/CMWD will hire a soils engineering consultant who will prepare preliminary soils report, evaluate trench dewatering characteristics, tren
bedding and backfill recommendations and recommend a trench croi section. The soils consultant will be available for consultations with 1 design consultant .
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3. PROGRESS AND COMPLETION
The work under this contract will begin within ten (IO) days after receipt
notification to proceed by the City Engineer or designee and be completed within &
hundred seventv four (274) days of that date. Extensions of time may be granted
requested by the Contractor and agreed to in writing by the City Engineer or designec
The City Engineer or designee will give allowance for documented and substantiatt
unforeseeable and unavoidable delays not caused by a lack of foresight on the part
the Contractor, or delays caused by City inaction or other agencies' lack of time
action.
4. FEES TO BE PAID TO CONTRACTOR
The total fee payable for the services to be performed shall be $457,896 , !
other compensation for services will be allowed except those items covered
supplemental agreements per Paragraph 8, "Changes in Work.'' The City reserves t
right to withhold a ten percent (10%) retention until the project has been accepted
the City.
Incremental payments, if applicable, should be made as outlined in attach
Exhibit "A."
5. DURATION OF CONTRACT
This agreement shall extend for a period of one (1) vear from d:
thereof. The contract may be extended by the City Manager for one (11 additiot
one (1) year periods or parts thereof, based upon a review of satisfactory performan
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and the City’s needs. The parties shall prepare extensions in writing indicating effecth
date and length of the extended contract.
6. PAYMENT OF FEES
Payment of approved items on the invoice shall be mailed to the Contract
within 30 days of receipt of the invoice.
7. FINAL SUBMISSIONS
Within five (51 days of completion and approval of the final plan
specifications. and cost estimate the Contractor shall deliver to the City the followir
items:
1. One (1) set of construction drawings in ink on mylar, or other med
acceptable to the CITY.
2. One (I) set of approved final construction drawings in digital form
compatible with AutoCAD Rel. 13.4. The digital format drawings shall be (
3%’’ floppy disks (IBM) format or other media approved by the CITY.
3. One (1) set of hard copy specifications. .
4. One (1) set of hard copy specifications.
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8. CHANGES IN WORK
If, in the course of the contract, changes seem merited by the Contractor or tl
City, and informal consultations with the other party indicate that a change in tl
conditions of the contract is warranted, the Contractor or the City may request a chan!
in contract. Such changes shall be processed by the City in the following manner:
letter outlining the required changes shall be fowarded to the City by Contractor
inform them of the proposed changes along with a statement of estimated changes
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charges or time schedule. A Standard Amendment to Agreement shall be prepared k
the City and approved by the City according to the procedures described in Carlsba
Municipal Code Section 3.28.172. Such Amendment to Agreement shall not rend(
ineffective or invalidate unaffected portions of the agreement.
9. COVENANTS AGAINST CONTINGENT FEES
The Contractor warrants that their firm has not employed or retained ar
company or person, other than a bona fide employee working for the Contractor, 1
, solicit or secure this agreement, and that Contractor has not paid or agreed to pay ar
company or person, other than a bona fide employee, any fee, commissioi
percentage, brokerage fee, gift, or any other consideration contingent upon, or resultir
from, the award or making of this agreement. For breach or violation of this warrant
the City shall have the right to annul this agreement without liability, or, in its discretioi
to deduct from the agreement price or consideration, or otherwise recover, the fi
amount of such fee, commission, percentage, brokerage fees, gift, or contingent fee.
IO, NONDISCRIMINATION CLAUSE
I.
The Contractor shall comply with the state and federal laws regardir
nondiscrimination.
11. TERMINATION OF CONTRACT
In the event of the Contractor's failure to prosecute, deliver, or perform the wo
as provided for in this contract, the City Manager may terminate this contract fi
nonperformance by notifying the Contractor by certified mail of the termination of tt
Contractor. The Contractor, thereupon, has five (5) working days to deliver sa
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documents owned by the City and all work in progress to the Citv Enaineer . Th
Citv Enqineer or District Enqineer shall make a determination of fact based upon th
documents delivered to City of the percentage of work which the Contractor h2
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 determir
the final payment of the contract.
This agreement may be terminated by either party upon tendering thirty (3(
days written notice to the other party. In the event of such suspension or terminatioi
upon request of the City, the Contractor shall assemble the work product and put sarr
in order for proper filing and closing and deliver said product to City. In the event 1
termination, the Contractor shall be paid for work performed to the termination datl
however, the total shall not exceed the lump sum fee payable under paragraph 4. Tt
City Manager shall make the final determination as to the portions of tasks completc
and the compensation to be made.
12. DISPUTES
I.
If a dispute should arise regarding the performance of work under th
agreement, the following procedure shall be used to resolve any question of fact (
interpretation not otherwise settled by agreement between parties. Such questions,
they become identified as a part of a dispute among persons operating under tt
provisions of this contract, shall be reduced to writing by the principal of the Contract
or the City Engineer or designee. A copy of such documented dispute shall L
forwarded to both parties involved along with recommended methods of resolutic
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which would be of benefit to both parties. The City Engineer or designee or princip
receiving the letter shall reply to the letter along with a recommended method
resolution within ten (IO) days. If the resolution thus obtained is unsatisfactory to tt
aggrieved party, a letter outlining the dispute shall be forwarded to the City Council fi
their resolution through the Office of the City Manager. The City Council may then o
to consider the directed solution to the problem. In such cases, the action of the Ci
Council shall be binding upon the parties involved, although nothing in this procedu
shall prohibit the parties seeking remedies available to them at law.
13. CLAIMS AND LAWSUITS
The Contractor agrees that any contract claim submitted to the City must t
asserted as part of the contract process as set forth in this agreement and not
anticipation of litigation or in conjunction with litigation. The Contractor acknowledgt
that if a false claim is submitted to the City, it may be considered fraud and tt
Contractor may be subject to criminal prosecution. The Contractor acknowledges th
California Government Code sections 12650 et sea., the False Claims Act, provides f
civil penalties where a person knowingly submits a false claim to a public entity. The:
provisions include false claims made with deliberate ignorance of the false informatic
or in reckless disregard of the truth or falsity of information. If the City of Carlsbad see1
to recover penalties pursuant to the False Claims Act, it is entitled to recover I
litigation costs, including attorney's fees. The Contractor acknowledges that the filing
a false claim may subject the Contractor to an administrative debarment proceedii
wherein the Contractor may be prevented to act as a Contractor on any public work
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improvement for a period of up to five years. The Contractor acknowledges debarme
by another jurisdiction is grounds for the City of Carlsbad to disqualify the Contracl
from the selection process. 4' (Initia
The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.02
3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference,
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14. STATUS OF THE CONTRACTOR
The Contractor shall perform the services provided for herein in Contractor's ov
way as an independent Contractor and in pursuit of Contractor's independent callin
and not as an employee of the City. Contractor shall be under control of the City on
as to the result to be accomplished, but shall consult with the City as provided for in tt
request for proposal. The persons used by the Contractor to provide services under th
agreement shail not be considered employees of the City for any purposes whatsoeve
The Contractor is an independent Contractor of the City. The payment made
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the Contractor pursuant to the contract shall be the full and complete compensation I
which the Contractor is entitled. The City shall not make any federal or state tz
withholdings on behalf of the Contractor or hidher employees or subcontractors. Th
City shall not be required to pay any workers' compensation insurance f
unemployment contributions on behalf of the Contractor or hisiher employees (
subcontractors. The Contractor agrees to indemnify the City within 30 days for any ta
retirement contribution, social security, overtime payment, unemployment payment c
workers' compensation payment which the City may be required to make on behalf (
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the Contractor or any employee or subcontractor of the Contractor for work done und
this agreement or such indemnification amount may be deducted by the City from a
balance owing to the Contractor.
The Contractor shall be aware of the requirements of the Immigration Refor
and Control Act of 1986 and shall comply with those requirements, including, but n
limited to, verifying the eligibility for employment of all agents, employec
subcontractors and Consultants that are included in this agreement.
15. CONFORMITY TO LEGAL REQUIREMENTS
The Contractor shall cause all drawings and specifications to conform to
applicable requirements of law: federal, state and local. Contractor shall provide i
necessary supporting documents, to be filed with any agencies whose approval
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 here
required are the property of the City, whether the work for which they are made t
executed or not. In the event this contract is terminated, all documents, plan
specifications, drawings, reports, and studies shall be delivered forthwith to the City
Contractor shall have the right to make one (I) copy of the plans for hislher records.
17. REPRODUCTION RIGHTS
The Contractor agrees that all copyrights which arise from creation of the WOI
pursuant to this contract shall be vested in City and hereby agrees to relinquish 2
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claims to such copyrights in favor of City.
18. HOLD HARMLESS AGREEMENT
Contractor agrees to indemnify and hold harmless the City of Carlsbad and tl
Carlsbad Municipal Water District and its officers. officials. employees and voluntec
from and against all claims, damages, losses and expenses including attorney fec
arising out of the performance of the work described herein caused in whole or in pi
by any willful misconduct or negligent act or omission of the Contractor, ai
subcontractor,fanyone directly or indirectly employed by any of them or anyone fi
whose acts any of them may be liable, except where caused by the active negligenc
sole negligence, or willful misconduct of the City of Carlsbad and/or the Carlsbz
Municipal Water District.
Contractor shall at its own expense, upon written request by the City and/or tl
Carlsbad Municipal Water District, defend any such suit or action brought against tt
City and/or the Carlsbad Municipal Water District, its officers, officials, employees ar
volunteers. Contractors indemnification of City and the Carlsbad Municipal Watc
District shall not be limited by any prior or subsequent declaration by the Contractor.
19. ASSIGNMENT OF CONTRACT
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The Contractor shall not assign this contract or any part thereof or any monie
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 th
contract by the Contractor, Contractor shall be fully responsible to the City for the act
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and omissions of Contractor's subcontractor and of the persons either directly
indirectly employed by the subcontractor, as Contractor is for the acts and omissions
persons directly employed by Contractor. Nothing contained in this contract sh
create any contractual relationship between any subcontractor of Contractor and tl
City. The Contractor shall bind every subcontractor and every subcontractor of
subcontractor by the terms of this contract applicable to Contractor's work unle
specifically noted to the contrary in the subcontract in question approved in writing
the City.
21. PROHIBITED INTEREST
No official of the City who is authorized in such capacity on behalf of the City
negotiate, make, accept, or approve, or take part in negotiating, making, accepting,
approving of this agreement, shall become directly or indirectly interested personally
this contract or in any part thereof. No officer or employee of the City who is authorizf
in such capacity and on behalf of the City to exercise any executive, supervisory,
similar functions in connection with the performance of this contract shall becon
directly or indirectly interested personally in this contract or any part thereof.
22. VERBAL AGREEMENT OR CONVERSATION
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No verbal agreement or conversation with any officer, agent, or employee of tt
City, either before, during or after the execution of this contract, shall affect or modi
any of the terms or obligations herein contained nor entitle the Contractor to ai
additional payment whatsoever under the terms of this contract.
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23. SUCCESSORS OR ASSIGNS
Subject to the provisions of Paragraph 18, "Hold Harmless Agreement,"
terms, conditions, and provisions hereof shall inure to and shall bind each of the parti
hereto, and each of their respective heirs, executors, administrators, successors, a
assigns.
24. EFFECTIVE DATE
This agreement shall be effective on and from the day and year first writt
above.
25. CONFLICT OF INTEREST
The City has determined, using the guidelines of the Political Reform Act and tl
City's conflict of interest code, that the Contractor will not be required to file a conflict
interest statement as a requirement of this agreement. However, Contractor herel
acknowledges that Contractor has the legal responsibility for complying with tl
Political Reform Act and nothing in this agreement releases Contractor from tt
responsibility.
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26. INSURANCE
The Contractor shall obtain and maintain for the duration of the contract and ar
and all amendments insurance against claims for injuries to persons or damage
property which may arise out of or in connection with performance of the wo
hereunder by the Contractor, his agents, representatives, employees or subcontractor
Said insurance shall be obtained from an insurance carrier admitted and authorized 1
do business in the State of California. The insurance carrier is required to have
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current Best‘s Key Rating of not less than “A-:V” and shall meet the City’s policy f
insurance as stated in Resolution No. 91-403.
A. Coveraqes and Limits.
Contractor shall maintain the types of coverages and minimum limi
indicated herein, unless a lower amount is approved by the City Attorney or Ci
Manager:
1. Comprehensive General Liability Insurance. $1,000,000 combinc
single-limit per occurrence for bodily injury, personal injury and property damage. If tt
submitted policies contain aggregate limits, general aggregate limits shall app
separately to the work under this contract or the general aggregate shall be twice th
required per occurrence limit.
2. Automobile Liability (if the use of an automobile is involved fc
Contractor’s work for the City). $1,000,000 combined single-limit per accident for bodi
injury and property damage.
a.
3. Workers’ Compensation and Employer‘s Liability. Worker:
Compensation limits as required by the Labor Code of the State of California an
Employer‘s Liability limits of $1,000,000 per accident for bodily injury.
4. Professional Liability. Errors and omissions liability appropriate t
the contractor’s profession with limits of not less than $1,000,000 per claim. Coverag
shall be maintained for a period of five years following the date of completion of th
work.
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B. Additional Provisions.
Contractor shall ensure that the policies of insurance required under tl
agreement contain, or are endorsed to contain, the following provisions.
I. The City and the Carlsbad Municipal Water District shall be nam
as additional insureds on all policies excluding Workers' Compensation a
Professional Liability.
2. The Contractor shall furnish certificates of insurance to the C
before commencement of work.
3. The Contractor shall obtain occurrence coverage, excludi
Professional Liability which shall be written as claims-made coverage.
4. This insurance shall be in force during the life of the agreement a
any extension thereof and shall not be canceled without 30 days prior written notice
the City sent by certified mail.
5. If the Contractor fails to maintain any of the insurance coverag1
required herein, then the City will have the option to declare the Contractor in breach,
may purchase replacement insurance or pay the premiums that are due on existii
policies in order that the required coverages may be maintained. The Contractor
responsible for any payments made by the City to obtain or maintain such insuranl
and the City may collect the same from the contractor or deduct the amount paid fro
any sums due the Contractor under this agreement.
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27. RESPONSIBLE PARTIES
The name of the persons who are authorized to give written notices or to rece
written notice on behalf of the City and on behalf of the Contractor in connection \n
the foregoing are as follows:
For City: Title Llovd B. Hubbs. Citv Enaineer
Name City of Carlsbad
Address 2075 Las Palmas Drive
Carlsbad, California 92009
For Contractor: Title Deborah Neev, Vice President
Earth Tech, Inc.
Address 9675 Business Park Avenue
Name
San Diego, CA 92131
Civil Engineer~~~it~~License Number: Curt Lehnhof f /%42461
Arc hitecff License Number:
<.
28, BUSINESS LICENSE
Contractor shall obtain and maintain a City of Carlsbad Business License for tl
duration of the contract.
29. ENTIRE AGREEMENT
This agreement, together with any other written document referred to
contemplated herein, embody the entire agreement and understanding between tt
parties relating to the subject matter hereof. Neither this agreement nor any provisic
rev. 81261:
16
l e e
hereof may be amended, modified, waived or discharged except by an instrument
writing executed by the party against which enforcement of such amendment, waiver
discharge. is sought. \
Executed by Contractor this &? 6, -#I day of SCEpT. 3 1942
CONTRACTOR: RLSBAD, a municir EARTH TECH, INC.
(name of Contractor)
BY: m w
(sign here) I
I
ATTEST:
&xzLL~- Q rTR&L
ALETHA L. RAUTENK Afiz- Charles S. Alpert
(print name/titl&#?Crt?tary 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 or
officer signs, the corporation must attach a resolution certified by the secretary or assistant secreta
under corporate seal empowering that officer to bind the corporation.)
APPROVED AS TO FORM:
RONALD R. BALL
rev. 812619
17
. 0 0
NOTARY CERTIFICATE OF ACKNOWLEDGMENT
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) 1 ss
On this 26th day of September, in the year 1997, before me GERARD M. MARCHAND JR.
Notary Public in and for said County and State, personally appeared DEBORAH NEEV , persona
known to me ( or proved to me on the basis of satisfactory evidence ) to be the person whose nar
is subscribed to the within instrument and acknowledged to me that she executed the same in h
authorized capacity as Vice President ofEarth Tech Inc., and that by her signature on the instrume
the corporation, on behalf of which she acted, executed the instrument.
WITNESS my hand and official seal.
'
I
/&5%@4LA
ry Pdlic ir( and for said County ana S@
<.
a e CALIFORNIK ALL-PURPOS ACKNOWLEDGMENT
personally appeared I
$personally known to me 43-R S 1 to be the person@
whose name0 idwe subscribed to the within instrument
and acknowledged to me that h&b&hqexecuted the
hisCket-SH4etP . signaturefs) on the instrument the person+).
or the entity upon behalf of which the person@) acted
executed the instrument.
WITNESS my hand and official seal.
y Narne(s) of Signer($
same in hi-authorized capacity@$, and that by
OPTIONAL
ough 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.
n of Attached Document
Document Date: Number of Pages:
Signer(s) Other Than N
Capacity(ies) Claimed
0 Corporate Officer
0 Partner - 0 Limited 0 General
0 Attorney-in-Fact
0 Guardian or Conservator 0 Guardian or C
Signer Is Representing: Signer Is Representing:
8 1995 National Notaty Association * 8236 Rernrnet Ave., P.O. Box 7184 * Canoga Park, CA 91309-7184 Prod. No. 5907 Reorder: Call Toll-Free 1-
9 e . ._ -
CALIFORNIA ALL-PURPOS ACKNOWLEDGMENT
before me, 1
personally appeared I
0 personally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the person(s)
whose name(s) is/are subscribed to the within instrumenl
and acknowledged to me that he/she/they executed the
same in his/her/their authorized capacity(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.
WITNESS my hand and official seal.
Date Name and Title of Officer (e.g.. "Jane Doe, Notary Public")
Name@) of Signer(s)
Signature of Notary Public
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:
Signer(s) Other Than Named Above: <.
Capacity(ies) Claimed by Signer(s)
0 Individual 0 Individual
0 Corporate Officer
0 Partner - 0 Limited 0 General 0 Partner - 0 Limited 0 General
Attorney-in-Fact
0 Guardian or Conservator 0 Guardian or Conservator
0 Corporate Officer
Title(s):
Signer Is Representing: Signer Is Representing:
0 1995 National Notary Association 8236 Remmet Ave.. P.O. Box 7184 Canoga Park, CA 91309-7184 Prod. No. 5907 Reorder: Call Toll-Free 1-
e 0 e
EXHIBIT “A”
To
Agreement for Engineering Services
for
South Carlsbad Village Storm Drain, Project No. 3528
and
Phases 9 & 10 VistaKarlsbad Interceptor Sewer, Project No. 3182
Contractor shall bill monthly on a percent of task completed based on the following lis
of task descriptions and budget amounts.
Budget
Task Description CITY CMWD
I. Project Management $18,308 $ 18,308
2. Topographic Mapping 1 $15,828 $ 8,523
3. Preliminary Design $22,399 $ 12,061
4. 30% Submittal $56,599 $30,476
5. 70% Submittal $53,754 $28,944
6. 90% Submittal $32,252 $17,366
7. Final Submittal $21,501 $11,578
8. Potholing $32,500 $ 17,500
9. * Storm Water Pollution Prevention Plan $ 4,000 $ 4,000
IO. * NPDES Permit Preparation/Processing $ 5.000 $ 5.000
Design Totals $262,140 $1 53,756
Contingency $ 26.473 $ 15,527
Budget Totals $288,613 $169,283
Total project budget is $457,896.
Direct costs and expenses are included in the above tasks and as such shall not be
billed separately.
authorization by the City’s project manager.
Tasks marked by * are optional tasks to be initiated only upon specific written