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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 EE a 3 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. z 2 I- 2 -I z 3 u) 5 0 Carlsbad and the City of Vista. Carlsbad is responsible for $57,351 of the cost. Carlsba 3 Page 2 of Agenda Bill No. * 9: 3 6 ? 0 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 1 2 3 4 5 6 7 8 9 '0 11 12 13 14 15 16 17 16 I' 20 21 22 23 24 25 26 27 28 0 e 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 I// Ill I 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 0 m 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: 0 ~wffEN>~eci~~ (SEAL) 0 e 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. rev. 8/26/ 1 0 0 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. rev. 8/26r 2 0 0 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 . rev. 8/261 3 0 e 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 rev. 81261 4 e e 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. ,. 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 rev. 81261 5 e @ 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 rev. 8/261! 6 0 d 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 rev. 8126L 7 e 0 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 rev. 8/26/! 8 0 0 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, # (Initial 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 ,. 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 ( rev. 8/26/9 9 0 0 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 rev. 8/26/9 10 0 0 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 ,. 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 rev. 8/26/9 11 0 0 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 ,. 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. rev. 8/26/E 12 e 0 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. ,. 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 rev. 8/26/C 13 e a 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. rev. 8/26/91 14 e e 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. <. rev. 81261: 15 e e 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