HomeMy WebLinkAbout1998-12-15; City Council; 14981; APPROVAL OF AN AGREEMENT WITH MCDANIEL ENGINEERING COMPANY TO PROVIDE CONSTRUCTION SUPPORT SERVICES FOR THE CANNON ROAD WEST BRIDGES. .h * ? y&- r.*
I CI OF CARLSBAD -AGENDA blLL I w\ 1
AB# lq; 98 / DEPT. HD.? TITLE: APPROVAL OF AN AGREEMENT WITH
MCDANIEL ENGINEERING COMPANY TO PROVIDE
MTG. 12-15-98 CITY ATT< CONSTRUCTION SUPPORT SERVICES FOR THE
CANNON ROAD WEST BRIDGES DEPT. ENG CITY MGR~
RECOMMENDED ACTION:
Adopt Resolution No. 9%- 4I y approving an agreement with McDaniel Engineering Compa Inc., for construction support services for Cannon Road West Bridges, Project No. 3184.
ITEM EXPLANATION:
The Cannon Road West project includes the construction of three bridges. The bridges includl
twin 454-foot long bridge that spans Macario Canyon, a 134-foot long bridge that cros!
Agua Hedionda Channel and the construction of two, 2-112 foot extensions on either side of El Camino Real Bridge across Agua Hedionda Channel. These bridges require special construci
support. McDaniel Engineering Company, Inc., is the engineer of record in the design of the th
bridges and is the best qualified to perform the work.
They will provide shop drawings, 4-scale drawings, review contractor submittals for construc'
materials, shop drawings, and special design plans and make as-built revisions to the plans at
completion of the project. The contractor will prepare drawings at a 1"=4' scale to show bric
contours that the contractor will use to determine falsework grades.
Staff recommends that City Council approve the agreement with McDaniel Engineering Comp:
Inc., to perform the construction support services required to construct the three bridges.
ENVIRONMENTAL REVIEW:
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The Planning Director has determined that the requested action is consistent with prior CE
review. The project was reviewed in the Cannon Road Reach 1 Environmental Impact Report,
Kelly Ranch Environmental Impact Report, and the Mitigated Negative Declaration for Reach
Significant environmental impacts identified by those CEQA documents were determined to
mitigable levels of less than significant. Permits from the resource agencies have been received
FISCAL IMPACT:
The estimated fee for the construction support services for the construction of the three bridge estimated at $30,700. Sufficient funds are currently available in the project account.
I EXHIBITS:
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1. Location Map.
2. Resolution No. 98 - '11 L! approving an agreement with McDaniel Engineering Comp;
Inc., for construction support services for Cannon Road West Bridges, Project No. 3184.
3. Agreement for construction support services for Cannon Road West Bridges with McD:
Engineering Company, Inc.
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MAP
PROJECT NAME CANNON ROAD WEST PROJECT EXH NUMBER
BRIDGES 3 I84 1
DRAWN BY: SCOTT EVANS. CARLSBAD ENGINEERING DEPT
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RESOLUTION NO. 98-41 4
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT WITH
MCDANIEL ENGINEERING COMPANY INC., FOR
CONSTRUCTION SUPPORT SERVICES FOR CANNON ROAD
WEST BRIDGES, PROJECT NO. 3184.
WHEREAS, the City Council of the City of Carlsbad, California, has determine
necessary and in the public interest to approve and accept an agreement with McDz
Engineering Company, Inc.; and
8 WHEREAS, McDaniel Engineering Company, Inc., is the design engineer of re(
9 for the three bridges and, therefore, is best qualified to perform the construction sup
10 services; and
11 WHEREAS, funds are available in the project account; and
12 WHEREAS, the Mayor is hereby authorized to execute the agreement with McDa
13 Engineering Company, Inc., for preliminary engineering services.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlst 14
California, as follows:
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1. That the above recitations are true and correct.
2. That the agreement with McDaniel Engineering Company, Inc., for construct
support services for Cannon Road West Bridges, a copy of which is attached as Exhibit 3
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l8 hereby
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approved.
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1 3. That the City Clerk is directed to send an executed copy of the agreem
2 I/ McDaniel Engineering Company, Inc., at the address shown on page 15 of the agreemen
3 an executed copy to the Public Works Director.
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PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City C 5
held on the 15th day of December , 1998 by the following vote, to wit:
6 AYES: Council Members Lewis, Hall, Finnila, Nygaard and Kulchin
NOES: None 7
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ATTEST:
(SEAL)
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AGREEMENT FOR
CONSTRUCTION SUPPORT SERVICES FOR
CANNON ROAD WEST BRIDGES
THIS AGREEMENT is made and entered into as of the 15 day of
December , 192, by and between the CITY OF CARLSBAD, a municipal
corporation, hereinafter referred to as "City", and McDANIEL ENGINEERING
COMPANY INCORPORATED, a California corporation, hereinafter referred to as
"Contractor."
RECITALS
City requires the services of a bridge engineering Contractor to provide the
necessary construction support services for construction of three bridges; 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
a. Assist the Project Manager or Bridge Inspector(s) in the interpretation of
contract documents.
b. Produce the bridge "4-scale" drawings, (Cannon Road over
Agua Hedionda and Macario Canyon bridges).
rev. 8125198
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c. Review contractor submittals, including:
0 Concrete mix designs and aggregate gradings.
Excavation/shoring plans.
Precast, prestress concrete pile shop drawings and pile hammer
analysis.
0 Temporary falsework plans and camber strips.
0 Handrail shop drawings.
0 Joint seal assembly shop drawings.
0 Structure material submittals. Q4 d. As-built plan revisions based on the marked-up set;bf
bluelines. -&>/
e. Attend twelve meetings during the course of the work. 7-
2. CITY OBLIGATIONS
The City shall provide the Contractor with sets of plans and specifications for the
Cannon Road West project.
3. PROGRESS AND COMPLETION
The work under this contract will begin within ten (10) days after receipt of
notification to proceed by the City and be completed within five hundred forty-five (545)
calendar 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 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.
rev. 8/25/98
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4. FEES TO BE PAID TO CONTRACTOR
The total fee payable for the services to be performed shall be $30,702. Na
other compensation for services will be allowed except those items covered by
supplemental agreements per Paragraph 8, "Change .!I W Fk." The City reserves the
right to withhold a ten percent (40%) retention <X&has until been accepted by
the City. (CsclUsrLe J wak &,,f>3y
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+le & p3fe5) L"r"o&9 Incremental payments, if applicable, should be made as outlined in attac e
Exhibit "A."
5. DURATION OF CONTRACT
This agreement shall extend for a period of five hundred forty five (545) calendar
days from date thereof. The contract may be extended by the City Manager for one (1)
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 per attached Exhibit "A".
7. FINAL SUBMISSIONS
Within five (5) days of completion and approval of receipt of request for
information and/or submittals, the Contractor shall deliver to the City the response to
such inquiries.
rev. 8/25/98 -3 -
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8. CHANGES IN WORK
If, in the course of the contract, changes seem merited by the Contractor or the
City, and informal consultations with the other party indicate that a change in the
conditions of the contract is warranted, the Contractor or the City may request a change
in contract. Such changes shall be processed by the City in the following manner: A
letter outlining the required changes shall ,be forwarded to the City by Contractor to
inform them of the proposed changes along with a statement of estimated changes in
charges or time schedule. A Standard Amendment to Agreement shall be prepared by
the City and approved by the City according to the procedures described in Carlsbad
Municipal Code Section 3.28.172. Such Amendment to Agreement shall not render
ineffective or invalidate unaffected portions of the agreement.
9. COVENANTS AGAINST CONTINGENT FEES
The Contractor warrants that their firm has not employed or retained any
company or person, other than a bona fide employee working for the Contractor, to
solicit or secure this agreement, and that Contractor has not paid or agreed to pay any
company or person, other than a bona fide employee, any fee, commission,
percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting
from, the award or making of this agreement. For breach or violation of this warranty,
the City shall have the right to annul this agreement without liability, or, in its discretion,
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.
rev. 8/25/98
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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
City Manager shall make the final determination as to the portions of tasks completed
and the compensation to be made.
rev. 8/25/98
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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 ir
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 tho
Contractor may be subject to criminal prosecution. The Contractor acknowledges thal
California Government Code sections 12650 et sea., the False Claims Act, provides foi
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
from the selection process. ~+~lnitial) - kv .-
by another jurisdiction is grounds for the ity of Carlsbad to disqualify the Contractor
The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026,
3.32.027 and ..32.0 pertaining to false claims are incorporated herein by reference. 3. 7
dww&lKplal)@/<
rev. 8/25/98
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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 ta
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.
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
rev. 8/25/98
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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.
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
rev. 8125198
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work described herein caused by any willfu .misconduct, or negl e 'ac r omission oi A b-. 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 monie5
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 thi:
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 01
indirectly employed by the subcontractor, as Contractor is for the acts and omissions 01
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
rev. 8/25/98
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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.
24. CONFLICT OF INTEREST
The Contractor shall file a conflict of interest statement with the City Clerk in
accordance with the requirements of the City's conflict of interest code incorporating
Fair Political Practices Commission Regulation 18700 as it defines A consultant. The
disclosure category shall be all categories.
rev. 8/25/98
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25. INSURANCE
The Contractor shall obtain and maintain for the duration of the contract and an)
and all amendments insurance against claims for injuries to persons or damage tc
property which may arise out of or in connection with performance of the worl
hereunder by the Contractor, his agents, representatives, employees or subcontractors
Said insurance shall be obtained from an insurance carn'er admitted and authorized tc
do business in the State of California. The insurance carrier is required to have 2
current Best's Key Rating of not less than "A-:V" and shall meet the City's policy fo
insurance as stated in Resolution No. 91-403.
A. Coveraqes and Limits.
Contractor shall maintain the types of coverages and minimum limit:
indicated herein, unless a lower amount is approved by the City Attorney or Citl
Manager:
1. Comprehensive General Liability Insurance. $1,000,000 combinec
single-limit per occurrence for bodily injury, personal injury and property damage. If the
submitted policies contain aggregate limits, general aggregate limits shall applq
separately to the work under this contract or the general aggregate shall be twice thc
required per occurrence limit.
2. Automobile Liability (if the use of an automobile is involved fol
Contractor's work for the City). $1,000,000 combined single-limit per accident for bodil)
injury and property damage.
rev. 8/25/9E
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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 anc
any extension thereof and shall not be canceled without 30 days prior written notice tc
the City sent by certified mail.
rev. 812519; -12 -
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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.
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:
For Contractor:
Title Associate Engineer
Name S herri Howard
Address City of Carisbad
2075 Las Palmas Drive
Carlsbad, CA 92009-1 576
Title Senior Bridge Engineer
Name Jim Rucker
Address McDaniel Engineering Company
5030 Camino de la Siesta, Suite 204
Architectkicense Number:
ArchitecVLicense Number:
San Diego, CA 92108
27. BUSINESS LICENSE
Contractor shall obtain and maintain a City of Carlsbad Business License for thf
duration of the contract.
rev. 8/25/9
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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.
Executed by Contractor this 23rd day of . November , 19 98 .
CONTRACTOR:
McDANlEL ENGINEERING COMPANY, INCORPORATED
By: J’A ,e-.-- (sign here)
W. Mark Ashley, President
QQLA 4R i QWn (print namekitle)
ATTEST:
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*LWLUTE$P, City Clerk
(Proper notarial acknowledgment of execution by Contractor must be attached.)
(President or vice-president and secretary or assistant secretary must sign fo corporations. If only one officer signs, the corporation must attach a resolution certifiec
by the secretary or assistant secretary under corporate seal empowering that officer tc bind the corporation.)
APPROVED AS TO FORM:
RONALD R. BALL City Attorney
BY**. Assistant LJJL. City A --- rney
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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Date Name and Title of Wir (e.g., "Jane Doe, Notary PuMic")
personally appeared w- /hm/c t+StttL~ 9
'@ personally known to me - OR -0 proved to me on the basis of satisfactory evidence to be the person(s)
whose name(s) idare subscribed to the within instrument
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@) on the instrument the person@),
or the entity upon behalf of which the person(s) acted,
executed the instrument.
WITNESS my hand and official seal.
Name@) of Signer@)
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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: SVC, &/L G3nJAli)N &a "7 e.ZR/b&Z!?
Document Date: 11 I /23/96 Number of Pages: /Y +- G>
Signer@) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
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0 Individual 0 Corporate Officer
0 Partner - 0 Limited 0 General 0 Partner - 0 Limited 0 General
0 Attorney-in-Fact
0 Guardian or Conservator 0 Guardian or Conservator
Signer Is Representing: Signer Is Representing:
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0 1995 National Notaryksociation -8236 Remrnet Ave.. P.O. Box 7184 - Canoga Pa* CA 91309-7184 Prod. No. 5907 Reorder: CaH Tdl-Free 1-
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- City of Carlsbad
December 21,1998
McDaniel Engineering Co.
Jim Rucker, Sr. Bridge Engineer
5030 Camino de la Siesta, Suite 204
San Diego, CA 92108
RE: SUPPORT SERVICES - CANNON ROAD WEST BRIDGES, PROJECT 3184
Enclosed for your records are copies of Carlsbad City Council Agenda Bill No. 14,981
and Resolution No. 98-414. These documents were approved by Council on December
15, 1998. Also enclosed is one fully executed original agreement.
In accordance with Section 24 of enclosed agreement, you are required to file a Conflict
of Interest Statement with the Carlsbad City Clerk. Anyone in the company who is
working on this City project must file a Form 700, Statement of Economic Interests, and
must report all Disclosure Categories which includes 1, 2, 3, and 4.
Enclosed for your use are the following documents, which you may copy if necessary:
1. Form 700 1997-1 998 Statement of Economic Interests
2. Amended Appendix to the Local Conflict of Interest Code
3. Limitations and other Restrictions. on Gifts, Honoraria, Travel and Loans
Your completed Assuming OfFice Statement is due in the City Clerk's Office no
later than 500 PM on January 14,1998.
If you have questions regarding this process, please call
Karen Kundtz, Assistant Citv Clerk, at (760) 434-2917. -
Q&zljt&&& y'"
KATHLEEN D. SHOW
Sr. Office Specialist
1200 Carlsbad Village Drive 0 Carlsbad, CA 92008-1989 0 (760) 434-2808