HomeMy WebLinkAbout1998-12-15; City Council; 14979; O'Day Consultants Agreement Approval4B# /y 7 7 9
VITG. 12/15/98
DEPT. ENG
- A I
Ct I f OF CARLSBAD - AGENDA ALL
TITLE: APPROVAL OF AGREEMENT DEPT. HD.
FOR PROFESSIONAL SURVEYING SERVICES
WITH O'DAY CONSULTANTS
PROJECT NO. 3523-3
RECOMMENDED ACTION:
Adopt Resolution No. 98 q/$ approving a consultant agreement with O'Day Consultants, a
California Corporation, to provide professional surveying services.
ITEM EXPLANATION:
One of the key elements of the City's compliance with the federal Americans with Disabilities Act
(ADA) is the Pedestrian Curb Ramp Program. The City recently awarded a contract for the
construction of 200 ramps in the Northwest Quadrant. In many parts of the Northwest Quadrant, the
centerline tie survey monuments are located in the middle of the curb returns, and will be destroyed
during construction of the ramps. The City is required by State law to replace monuments that are
destroyed by construction. The law also requires that the work be done by a licensed surveyor or a
registered engineer. The City requested qualification packages from consultant firms for surveying.
The firms were ranked by a Selection Committee, and two firms were selected as qualified to
provide on-call surveying services. For this project, O'Day Consultants was selected as the firm best qualified to provide surveying services to the City on the basis of demonstrated competence and
professional qualifications. An acceptable fee was negotiated with the firm.
ENVIRONMENTAL IMPACT:
The project is categorically exempt from the environmental review process under Section 15301
Class 1 (c) of the Public Resources Code (California Environmental Quality Act).
FISCAL IMPACT:
The agreement is for a fixed amount of $29,270. The funds for construction of the NW Quadrant
ramps have already been encumbered. Current funds available for Pedestrian Curb Ramp Program
are $1 15,714, so sufficient funds are available for this work.
EXHIBITS:
1. Resolution No. 98 *q/z approving an agreement with O'Day Consultants, a California
Corporation, for professional surveying services.
2. Agreement for Professional Surveying Services for Preparation of a Record of Survey and
Relating Surveying.
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
1 Exhibit 1
RESOLUTION NO. 98-412
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT WITH
O'DAY CONSULTANTS, A CALIFORNIA CORPORATION, FOR
PROFESSIONAL SURVEYING SERVICES.
WHEREAS, the City Council of the City of Carlsbad, California has reviewed the need for
the utilization of consultant services to provide surveying services for replacement of survey
monuments in the Northwest Quadrant; and
WHEREAS, the City Council has determined O'Day Consultants, a California Corporation,
has the needed professional surveying skills; and
WHEREAS, the City Council has determined that the above-named consulting firm is best
qualified on the basis of demonstrated competence and professional qualifications; and
WHEREAS, there are sufficient funds available for the payment of consultant services.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
California, as follows:
1. That the above recitations are true and correct.
2. That an agreement with O'Day Consultants, a California Corporation, a copy of
which is attached as Exhibit "A", and made a part hereof, is hereby approved.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council
leld on the Uth day of December , 1998 by the following vote, to wit:
AYES: Council Members Lewis, Hall, Finnila, Nygaard and Kulchin
NOES: None
4TTEST:
(SEAL)
i.
". _.=
AGREEMENT FOR
SURVEYING SERVICES FOR PREPARATION
OF A RECORD OF SURVEY AND RELATED SURVEYING
THIS AGREEMENT is made and entered into as of the 15 day of
December 19. -* *98 by and between the CITY OF CARLSBAD, a municipal
corporation, hereinafter referred to as "City", and ODAY CONSULTANTS, hereinafter
referred to as "Contractor."
RECITALS
City requires the services of a surveying Contractor to provide the necessary
surveying services for preparation of a Record of Survey and related surveying; and
Contractor possesses the necessary skills and qualifications to provide the services
required by the City;
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, City and Contractor agree as follows:
1. CONTRACTOR'S OBLIGATIONS
See attached Exhibit "A".
2. CITY OBLIGATIONS
The City shall provide AutoCAD files for Dwg. 363-6.
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 sixty (60) working days of
that date. Extensions of time may be granted if requested by the Contractor and
agreed to in writing by the City. The City will give allowance for documented and
rev. 8/25/98
-1 -
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 the services to be performed shall be $29,270. 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.
Incremental payments, if applicable, should be made as outlined in attached
Exhibit "A."
5. DURATION OF CONTRACT
This agreement shall extend for a period of one (1) year from date thereof. The
contract may be extended by the City Manager for no 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.
rev. 8/25/98
-2 -
7. FINAL SUBMISSIONS
Within ten (1 0) working days of completion and approval of the centerline ties,
the Contractor shall deliver to the City the following items:
e Two (2) sets of updated centerline tie notes.
0 Record of Survey mylar and AutoCAD file.
a. CHANGES IN WORK
If, in the course of the contract, changes seem merited by the Contractor or the
City, and informal consultations with the other party indicate that a change in the
conditions of the contract is warranted, the Contractor or the City may request a change
in contract. Such changes shall be processed by the City in the following manner: A
letter outlining the required changes shall be forwarded to the City by Contractor to
inform them of the proposed changes along with a statement of estimated changes in
charges or time schedule. A Standard Amendment to Agreement shall be prepared by
the City and approved by the City according to the procedures described in Carlsbad
Municipal Code Section 3.28.172. Such Amendment to Agreement shall not render
ineffective or invalidate unaffected portions of the agreement.
9. COVENANTS AGAINST CONTINGENT FEES
The Contractor warrants that their firm has not employed or retained any
company or person, other than a bona fide employee working for the Contractor, to
solicit or secure this agreement, and that Contractor has not paid or agreed to pay any
company or person, other than a bona fide employee, any fee, commission,
percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting
from, the award or making of this agreement. For breach or violation of this warranty,
rev. 8/25/98
-3 -
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.
11. TERMINATION OF CONTRACT
In the event of the Contractor's failure to prosecute, deliver, or perform the work
as provided for in this contract, the City Manager may terminate this contract for
nonperformance by notifying the Contractor by certified mail of the termination of the
Contractor. The Contractor, thereupon, has five (5) working days to deliver said
documents owned by the City and all work in progress to the City. The City shall make
a determination of fact based upon the documents delivered to City of the percentage
of work which the Contractor has performed which is usable and of worth to the City in
having the contract completed. Based upon that finding as reported to the City
Manager, the Manager shall determine the final payment of the contract.
This agreement may be terminated by either party upon tendering thirty (30)
days written notice to the other party. In the event of such suspension or termination,
upon request of the City, the Contractor shall assemble the work product and put same
in order for proper filing and closing and deliver said product to City. In the event of
termination, the Contractor shall be paid for work performed to the termination date;
however, the total shall not exceed the lump sum fee payable under paragraph 4. The
rev. 8/25/98
-4-
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
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 City of Carisbad to disqualify the Contractor
from the selection
The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026,
3. ,027 and 3.32.028 pertaining to false claims are incorporated herein by reference. fiqt nitial)
rev. 8/25/98
-5 -
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
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.
rev. 8/25/98
-6 -
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.
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.
rev. 8/25/98
-7 -
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. ASSIGNMENT OF CONTRACT
The Contractor shall not assign this contract or any part thereof or any monies
due thereunder without the prior written consent of the City.
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 Contractots 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.
rev. 8/25/98
-8 -
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.
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.
rev. 8/25/98
-9 -
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.
25. JNSURANCE
The Contractor shall obtain and maintain for the duration of the contract and any
and all amendments insurance against claims for injuiies 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. Coverages 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:
rev. 8/25/98
-10 -
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.
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.
I. 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.
rev. 8/25/98
-11 -
3. The Contractor shall obtain occurrence coverage, excluding
Professional Liability which shall be written as claims-made coverage.
4. This insurance shall be in force during the life of the agreement and
any extension thereof and shall not be canceled without 30 days prior written notice to
the City sent by certified mail.
5. If the Contractor fails to maintain any of the insurance coverages
required herein, then the City will have the option to declare the Contractor in breach, or
may purchase replacement insurance or pay the premiums that are due on existing
policies in order that the required coverages may be maintained. The Contractor is
responsible for any payments made by the City to obtain or maintain such insurance
and the City may collect the same from the Contractor or deduct the amount paid from
any sums due the Contractor under this agreement.
.. . ...
... ...
... ...
... .. .
... ...
... ...
... ...
... ...
... ...
. .. ...
rev. 8/25/98
-12 -
a
26. pESPONSIBLE 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:
For Contractor:
Title Consultant Project Manager
~~~ ~ ~ Name Glen K. Van Peski
Address 2075 Las Palmas Drive
Carlsbad, CA 92009-1 576
Title President
Name Patrick N. O'Day
Address 5900 Pasteur Court, Suite 100
Carisbad, CA-92008-7317 ~~~~
ArchitedLicense Number: RCE 27214
27. BUSINESS LICENSE
Contractor shall obtain and maintain a City of Carisbad Business License for the
duration of the contract.
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
-13 - rev. 8/25/98
writing executed by the party against which enforcement of such amendment, waiver or
discharge is sought.
Executed by Contractor this 2qw day of Jhl/lt~bSR
CONTRACTOR:
O'DAY CONSULTANTS
By:;
P&? k.fC.iL fi' oip&
I (print namehit
By:
(print namehitle) // ' AL%%&E
ATTEST:
(sign Pte) - 0
/py&tLc A/, &D)]& ,
/
City Clerk
(Proper notarial acknowledgment of execution by Contractor must be attached.)
(President or vice-president and secretary or assistant secretary must sign for
corporations. If only one officer signs, the corporation must attach a resolution certified
by the secretary or assistant secretary under corporate seal empowering that officer to
bind the corporation.)
APPROVED AS TO FORM:
RONALD R. BALL City Attorney
BY AssEtant City Atforney 1 7
rev. 8/25/98
-14 -
"
, CALlFORNlA ALL-PURPOSE ACKNOWLEDGMENT
state of California
County of Sari Diego
On 1 before me, Teri Hayes, Notary Public I
personally appeared Patrick N- O'DaY I
personally known to me - eR-Z-fl&&- to be the person(@
whose name@) is/- subscribed to the within instrument
and acknowledged to me that he/W#wy executed the
same in hisfherHkei+authorized capacity(k), and that by
hi-rsignatureb) on the instrument the person(s),
or the entity upon behalf of which the person@) acted,
executed the instrument.
WITNESS my hand and official seal.
Date Name and 5tle ot Officec (e.g.. "Jane Dce. Notary Public7
Name@) of Signer(s)
OPTIONAL
Though the information below is not required by law, it may prove valuable fo 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: $f- with
City of Carlsbad
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer@)
Signer's Name: Patrick N. O'Day
0 Individual
0 Corporate Officer
Title(s):
0 Partner - 0 Limited 0 General
0 Attorney-in-Fact
0 Trustee
0 Guardian or Conservator
Other: President ib here
I and Secretary
Signer Is Representing:
O'Day Consultants, Inc.
Signer's Name:
0 Individual
0 Corporate Officer
Title(s):
0 Partner - 0 Limited 0 General
0 Attorney-in-Fact
0 Trustee
0 Guardian or Conservator r
I I Signer Is Representing:
0 1995 National Notary Association 8236 Remmet Ave., P.O. Box 71 84 * Canoga Park. CA 91309-71 84 Prod. No. 5907 Reorder: Call Toll-Free 1-600-876-6827
November 9, 1998'
Promo No. : 98-0300
City of Carlsbad Pedestrian Curb Ramps
On-Call Survey Services
Northwest Quadrant
Project No. 3523-3
Scope of Work
scope I: Lump sum fee of $22,770.00 (based upon 138 ties @ $165.00/ramp) due and
payable upon percentage of work completed.
A. Research.
1. Field check the locations of existing centerline ties.
2. Obtain centerline tie records for all ties.
B. Field survey.
1. Set two ties for each tie in .a location that will not be disturbed during
2. After construction of new curb, set new centerline tie at location of
construction.
previous tie.
C. Prepare updated centerline tie notes and deliver two sets to the City of
Carlsbad.
Scope IV: Lump sum fee of $6,500.00 due and payable upon percentage of work
completed.
Prepare and process a Record of Survey for the set centerline ties. (Based upon
Client providing AutoCAD files for Dwg. 363-6).
?
EXHIBIT “A
Northwest Quadrant Pedestrian Curb Ramps
Project No. 3523-3
Replacement of Survey Monuments and
Preparation of Record of Survey
scope of work
Replacement of Survey Monuments
A. Research
1. Field check the locations of existing centerline ties.
2. Obtain centerline tie records for all ties.
B. Field Survey
1. Set two ties for each tie in a location that will not be disturbed during
2. After construction of new curb, set new centerline tie at location of
construction.
previous tie.
C. Prepare updated centerline tie notes and deliver two sets to the City Of
Carlsbad.
Subtotal $22,770.00
Record of Survey
Prepare and process a Record of Survey for the set centerline ties.
Subtotal $6,500.00
Total $29,270.00
c
City of Carlsbad
December 21, 1998
O’Day Consultants
5900 Pasteur Court, Suite 100
Carlsbad, CA 92008-7317
ATTN: Patrick N. O’Day, President
Enclosed for your records are copies of Agenda Bill No. 14,979 and Resolution
No. 98-412. These items went before the Carlsbad City Council on
December 15, 1998, where the resolution was adopted.
Also enclosed is an original and fully executed contract with your company, for
the provision of professional surveying services on Project No. 3523-3.
If you have specific questions regarding the final map process, please call Mr.
Glen Van Peski, Engineering, at (760).941-9500.
kathleen D. Shoup
Sr. OfFice Specialist
1200 Carlsbad Village Drive 0 Carlsbad, CA 92008-1 989 - (760) 434-2808 @