HomeMy WebLinkAbout1998-12-01; City Council; 14948; Galen Peterson Agreement Approval..
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IEPT. ENG
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CIl Y OF CARLSBAD -AGENDA BILL 1.
TITLE: DEPT. HD.
APPROVAL OF AGREEMENT WITH
PROFESSIONAL ENGINEERING SERVICES
GALEN PETERSON TO PROVIDE CITY
PROJECT #3595 CITY MGRa
RECOMMENDED ACTION:
Adopt Resolution No. 9 8 -38 3 approving an agreement with Galen Peterson, Consulting
Engineer, to provide professional engineering services.
ITEM EXPLANATION:
The Engineering Department wishes to contract with Galen Peterson to perform an audit of costs
incurred by Catellus Residential Group for the construction of Poinsettia Lane from Aviara Parkway
to Blackrail Road based upon the improvements that were included in Bridge and Thoroughfare
District No. 2 (Aviara Parkway/Poinsettia Lane) and the agreement between the City and Catellus
Residential Group dated May 19, 1998 (reimbursement agreement).
The contractor will review all costs and supporting documents submitted by Catellus Residential
Group, and provide written draft opinions of the costs which are eligible for reimbursement in
accordance with the terms of the reimbursement agreement. Additionally, the Contractor will
review the eligible costs with Catellus Residential Group, and come to an agreement on the final
eligible costs for reimbursement.
The best source selection of the firm was based on the consultant's expertise in this area and past
experience working with the City. The consultant prepared the engineer's report on Bridge and
Thoroughfare District No. 3 and has specific knowledge of the fee program making him uniquely
qualified for this project.
FISCAL IMPACT:
Total fees are not to exceed $34,500.
There are sufficient funds appropriated within the Poinsettia Lane project to cover the full costs of
this agreement.
EXHIBITS:
1. Resolution No. 58 -38 7 approving an agreement with Galen Peterson, Consulting
Engineer, for professional engineering services.
2. Agreement for Audit of Costs for Poinsettia Lane from Aviara Parkway to Blackrail Road as
Constructed by Catellus Residential Group.
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RESOLUTION NO. 98-387
A RESOLUTION OF THE CITY .COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT WITH
GALEN PETERSON, CONSULTING ENGINEER, FOR
PROFESSIONAL ENGINEERING SERVICES, PROJECT #3595.
WHEREAS, the City Council of the City of Carlsbad, California, has reviewed the need for
the utilization of consultant services to perform an audit of the costs incurred by Catellus
Residential Group for the construction of Poinsettia Lane from Aviara Parkway to Blackrail Road;
and
WHEREAS, the City Council has determined that Galen Peterson, Consulting Engineer,
has the needed professional engineering skills; and
WHEREAS, the City Council recognizes the need to ensure the appropriate
reimbursement of eligible costs to Catellus Residential Group by utilizing Galen Peterson,
Consulting Engineer.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
California, as follows:
I. That the above recitations are true and correct.
2. That the agreement with Galen Peterson, Consulting Engineer, a copy of which is
attached and made a part hereof is hereby approved.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council
7eld on the 1st day of December , 1998 by the following vote, to wit:
AYES: Council Members Lewis, Nygaard, Finnila, Kulchin & Hall
NOES: None
ABSENT: None
4TTEST:
2- c<-
4LETHA L. RAUTENKRANZ, City Clerk (SEAL)
AGREEMENT FOR AUDIT OF COSTS FOR
POINSETTIA LANE FROM AVIARA PARKWAY TO
BLACKRAIL ROAD AS CONSTRUCTED BY
CATELLUS RESIDENTIAL GROUP
THIS AGREEMENT is made and entered into as of the 1 st day of
December , 19z, by and between the CITY OF CARLSBAD, a municipal
corporation, hereinafter referred to as "City", and Galen N. Peterson, hereinafter
referred to as "Contractor."
RECITALS
City requires the services of an engineering Contractor to provide the necessary
professional engineering services for preparation of an audit of costs; 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:
I. CONTRACTOR'S OBLIGATIONS
Contractor will audit costs incurred by Catellus Residential Group for the construction of Poinsettia Lane from Aviara Parkway to Black Rail Road
based upon the improvements that were included in Bridge and Thoroughfare District No. 2 (Aviara Parkway/Poinsettia Lane) and the agreement between the City and Catellus Residential Group dated May 19, 1998 (reimbursement agreement).
Task I - Review all costs and supporting documents submitted by Catellus Residential Group and provide written draft opinions of the costs which are eligible for reimbursement in accordance with the terms of the reimbursement agreement.
Task 2 - Review eligible costs for items listed under Task 1 with Catellus Residential Group and come to an agreement on the final eligible costs for reimbursement.
rev. 8/25/98 -1 -
2. CITY OBLIGATIONS
The City shall provide Contractor with a copy of the reimbursement agreement
between the City and Catellus Residential Group.
3. PROGRESS AND COMPLETION
The work under this contract will begin within ten (IO) days after receipt of
notification to proceed by the City and be completed within one (1) year of that date.
Extensions of time may be granted if requested by the Contractor and agreed to in
writing by the Assistant City Engineer. The Assistant City Engineer 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.
4. FEES TO BE PAID TO CONTRACTOR
The total fee payable for Task 1 shall be $26,500.
Task 2 fees will be paid on a time and materials basis at an hourly rate of $1 10
per hour plus expenses as follows: mileage at $0.32 per mile and any other expenses,
such as reproduction at cost plus 15%. Task 2 fees shall not exceed $8,000.
No other compensation for services will be allowed except those items covered
by supplemental agreements per Paragraph 8, "Changes in Work." The City reserves
the right to withhold a ten percent (10%) retention until the project has been accepted
by the City.
rev. 8/25/98
-2 -
5.
This agreement shall extend for a period of one (1) year from 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 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 ten (10) days of completion and approval of, the audit of costs, the
Contractor shall deliver to the City the following item: Written report indicating which
costs are eligible for reimbursement.
8. CHANGES IN WORK
If, in the course of the contract, changes seem merited by the Contractor or the
City, and informal consultations viith 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
rev. 8/25/98
-3 -
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,
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. NONDISCRIMINATION CLAUSE
The Contractor shall comply with the state and federal laws regarding
nondiscrimination.
1 I. 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 Assistant City Engineer.
The Assistant City Engineer shall make a determination of fact based upon the
rev. 8/25/98
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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, ttie Contractor shall be paid for work performed to the termination date;
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 compensation to be made.
12. CLAIMS 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 sea., 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
rev. 8/25/98
-5 -
to recover penalties pursuant 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
from the selection process. (Initial) k 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. h (Initial)
13. 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 its employees or subcontractors. The City
shall not be required to pay any workers' compensation insurance or unemployment
rev. 8/25/98
-6 -
contributions on behalf of the Contractor or its 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
limited to, verifying the eligibility for employment of all agents, employees,
subcontractors and Consultants that are included in this agreement.
14. CONFORMITY TO LEGAL REQUIREMENTS
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.
rev. 8/25/98 -7 -
15. 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.
Contractor shall have the right to make one (1) copy of the plans for its records.
16. 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.
17. HOLD HARMLESS AGREEMENT
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 attorneys fees arising out of the performance of the
work described herein caused 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.
18. &
The Contractor shall not assign this contract or any part thereof or any monies
due thereunder without the prior written consent of the City.
rev. 8/25/98
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19. 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.
20. 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.
-9 - rev. 8/25/98
21. 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 the Contractor to any
additional payment whatsoever under the terms of this contract.
22. SUCCESSORS OR ASSIGNS
Subject to the provisions of Paragraph 17, "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
assigns.
23. EFFECTIVE DATE
This agreement shall be effective on and from the day and year first written
above.
24. CONFLICT OF INTEREST
The City has determined, using the guidelines of the Political Reform Act and the
City's conflict of interest code, that the Contractor will not be required to file a conflict of
interest statement as a requirement of this agreement. However, Contractor hereby
acknowledges that Contractor has the legal responsibility for complying with the
Political Reform Act and nothing in this agreement releases Contractor from this
responsibility.
-10 - rev. 8/25/98
25. INSURANCE
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'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. Coveraqes 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. $1,000,000 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). $1,000,000 combined single-limit per accident for bodily
injury and property damage.
rev. 8/25/98
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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 $1,000,000 per accident for bodily injury.
4. Professional Liability. Errors and omissions liability appropriate to
the contractor's profession with limits of not less than $1,000,000 per claim. Coverage
shall be maintained for a period of five 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 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
rev. 8/25/98
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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 under this agreement.
26. RESPONSIBLE 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 City: Title Assistant City Engineer
Name David Hauser
Address 2075 Las Palmas Drive
Carlsbad, CA 92009
For Contractor: Title Principal
Name Galen Peterson
Address 16064 Sun Summit Pt.
San Diego, CA 92127-2050
Registered Civil Engineer/License Number: 18364
27. BUSINESS LICENSE
Contractor shall obtain and maintain a City of Carlsbad Business License for the
duration of the contract.
rev. 8/25/98
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28. 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. .I
Executed by Contractor this 20 day of e? 119 9B.
CONTRACTOR: CITY 0 CARLSBAD, a municipal corporation of me State of California
(print namehitle)
By: ATTEST: (sign here)
(print namehitle) ALETHA L. RAUTENKRANZ City Clerk 1
(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-ney h
rev. 8/25/98
-14 -
State of California ) 1 County of San Diego )
On October 20, 1998, before me, Belinda R. Guzman, Notary Public, personally appeared
Galen N. Peterson, personally known me to be the person whose name is subscribed to
the within instrument and acknowledged to. me that he executed the same in his
authorized capacity, and that by his signature on the instrument the person, or entity upon
behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal
"A& .', P J&-vJ%
II
Signature of Notary W (This area for
official notary seal)
Title or Type of Document Agreement for Audit of costs for Poinsettia Lane From Aviara
Parkway to Blackrail Road as Constructed by Catellus
Residential Group
Date of Document none No. of Pages 14
Signer(s) other than named above None
. -. ,-. 4
- City of Carlsbad
December 7,1998
Galen N. Peterson
16064 Sun Summit Point
San Diego, CA 92127-2050
RE: AGREEMENT FOR AUDIT OF COSTS - PROJECT 3595
Enclosed for your records are copies of Agenda Bill No. 14,948 and Resolution
No. 98-387. These documents went before the Carlsbad City Council on
December 1, 1998, when the Resolution was adopted, approving a contract with
you.
Also enclosed for your records is the fully executed original agreement for you to
provide the City of Carlsbad with professional engineering services. (Audit of
costs incurred by Catellus Residential Group for the construction of a portion of
Poinsettia Lane.)
If you have questions regarding this agreement please call Linda Lamb, in the
City’s Public WorkdEngineering Department. Ms. Lamb may be reached at
(760) 438-1 161 extension 4396.
Kathleen D. Shoup
Sr. Office Specialist
1200 Carlsbad Village Drive - Carlsbad, CA 92008-1 989 - (760) 434-2808 @