HomeMy WebLinkAbout2000-03-21; City Council; 15660; Poinsettia Lane Bridge WideningCITY OF CARLSBADhARLSBAD MUNICIPAL WATER Dla i-RICT -AGENDA BILL A,/’
4B# tS,,6bc, TITLE- APPROVAL OF AGREEMENTS WITH DOKKEN ENGINEERING d AND DANIEL, MANN, JOHNSON & MENDENHALL TO
WTG. 3/2 1 /OO PROVIDE ENGINEERING SERVICES FOR FINAL DESIGN FOR
POINSETTIA LANE BRIDGE WIDENING, PROJECT NOS. 3X51,3810,
DEPT. ENG AND 3442 AND APPROPRIATION OF ADDITIONAL FUNDS FOR
A RECYCLED WATERLINE
RECOMMENDED ACTION:
City of Carlsbad City Council: Adopt Resolution ho. do00 - 90 approving an agreement with
Dokken Engineering to provide engineering services for preparation of plans, specifications and
estimates for the Poinsettia Lane Bridge Widening Project No. 3551, Relocation of Sewer Line
Project No. 3810, and Construction of a Waterline in Poinsettia Lane Project No. 3442, and
construction of a recycled waterline in Poinsettia Lane.
City of Carlsbad City Council: Adopt Resolution No. 3%) 9 / approving an agreement with
Daniel, Mann, Johnson & Mendenhall to provide engineering services for bridge plan design check for the Poinsettia Lane Bridge Widening Project No. 3551.
Carlsbad Municipal Water District Board of Directors: Adopt Resolution No. lO7c? approving an agreement with Dokken Engineering to provide engineering services for preparation of plans, specifications and estimates for the Poinsettia Lane Bridge Widening Project No. 3551,
Relocation of Sewer Line Project No. 3810, and Construction of a Waterline in Poinsettia Lane Project No. 3442, and Appropriating Additional Funds for the construction of a recycled waterline
in Poinsettia Lane.
ITEM EXPLANATION:
The Poinsettia Lane Bridge Widening Project is proposed to widen the existing bridge over the
San Diego Northern Railroad right-of-way and Poinsettia Lane between Avenida Encinas and
Carlsbad Boulevard. The existing south half of the bridge completed in 1985 consists of one traffic
lane in each direction and sidewalk on the south side. The proposed widening will complete the
bridge to accommodate a Major Arterial roadway. The combined bridge will carry two lanes of traffic in each direction, two 8-foot bicycle lanes, two 5-foot sidewalks, and raised median.
Poinsettia Lane will be completed to Major Arterial standards between Avenida Encinas and
Carlsbad Boulevard. Storm drain improvements are included in the project. Additionally, the
project incorporates the relocation of a sewer main in Poinsettia Lane (Project No. 3810),
construction of a 12-inch waterline in Poinsettia Lane between Avenida Encinas and Carlsbad Boulevard (Project No. 3442), and construction of a 12-inch recycled waterline in Poinsettia Lane.
The sewer and water improvements were merged into the bridge project to maximize coordination and realize savings in design and construction costs. The recycled waterline is proposed at this
time to avoid costly retrofitting at a later date. Since the recycled waterline is not in the
currently-funded Capital Improvement Program, the appropriation of funds is required.
Seven design consultants responded to the Request for Qualifications and were evaluated based
on the experience and expertise in preparation of plans, specifications and estimates on similar types of projects. Dokken Engineering was determined to be the best qualified applicant by a
five-person selection committee. The committee selected Daniel, Mann, Johnson & Mendenhall as the second best qualified applicant. The Council approved Dokken Engineering on March 23, 1999
to provide engineering services for the preliminary engineering, geotechnical investigations and
environmental studies for the project. The preliminary engineering work and environmental studies
have been completed.
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Page 2 to Agenda Bill NO. /s ,, 660
Due to the specialized nature of bridge design, the plancheck of the bridge design requires the
use of a consultant with bridge design experience. The selection committee recommended Dokken Engineering to prepare the final design and Daniel, Mann, Johnson & Mendenhall to
provide bridge plan design check services.
ENVIRONMENTAL REVIEW:
On January 5, 2000, the Planning Commission adopted Planning Commission Resolution No. 4715 approving the Mitigated Negative Declaration issued by the Planning Director, and
Planning Commission Resolution No. 4716 approving Coastal Development Permit 99-30 for the Poinsettia Lane Bridge Widening.
FISCAL IMPACT:
The proposed budget for final engineering and bridge plan design check services is $271,277. The total amounts budgeted in the Capital Improvement Program for all three projects is $2,575,000. Of that amount, $2,405,000 has been appropriated and $207,791 has been expended or encumbered. The additional $170,000 will be appropriated with the 2000-01 Capital
Improvement Program. Remaining unencumbered appropriations of $2,197,209 are sufficient for
the preparation of plans, specifications and estimates. The summary project budget (Table 1)
shows the need to appropriate funds for the recycled waterline.
TABLE 1 SUMMARY PROJECT BUDGET
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1 City,’ ‘1 Wat&‘, ‘1 !:,! :,:R&Qbl&d f !I 1: S&her costs
Preliminary Design
Environmental
: 85,220 36,500 $ $ 20,280 - s - $ 105,500
Final Design (Dokken) $ 169,796 $ 24:420 : 2;: :9:
Bridge Plancheck (DMJM) S 44,901 $ $ 44:901
Construction $ 1,204,936 $ 158:200 $ 1,555,536
Contingency (20%) $ 240,987 $ 31,640 $ 311,107
Environmental Mitigation
Project Management (GVP)
: 62,400 6,800 $ $ - - : 62,400 6,800
Administration (Staff) (2%)
Inspection (8%) : 24,099 96,395 $ $ 12,656 3,164 : 1;:,::: 1
TOTAL $ 1,972,034 $ 250,360 $ 2,504,674 $ 238,790 1 $ 43,490 I
(Water Conn. Fund)
Additional Contingency or (Shortfall)
$ 2,000,000 E $ 375,000
I $ 2,000,000 1 $ 375,000 I S 27,966 $124,640
$ 2,000,000
f 1;:::::
$ 375,000
$ 2,575,OOO
S 70,326
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EXHIBITS:
1. Location Map.
2. City of Carlsbad City Council Resolution No. ZIOO-8 0 approving an agreement with
Dokken Engineering to provide engineering services for preparation of plans, specifications
and estimates for the Poinsettia Lane Bridge Widening, Project No. 3551, Relocation of
Sewer Line, Project No. 3810, Construction of a Waterline in Poinsettia Lane, Project No. 3442, and construction of a recycled waterline.
3. City of Carlsbad City Council Resolution No. 2000 -‘?/ approving an agreement with Daniel, Mann, Johnson & Mendenhall to provide engineering services for bridge plan design check for the Poinsettia Lane Bridge Widening Project No. 3551.
4. Carlsbad Municipal Water District Board of Directors Resolution No. JO 76
approving an agreement with Dokken Engineering to provide engineering services for
preparation of plans, specifications and estimates for the Poinsettia Lane Bridge Widening,
Project No. 3551, Relocation of Sewer Line, Project No. 3810, Construction of a Waterline
in Poinsettia Lane, Project No. 3442, and construction of a recycled waterline and
appropriating funds for construction of a reclaimed waterline in Poinsettia Lane.
5. Agreement for Preparation of Plans, Specifications and Estimates for Poinsettia Lane
Bridge Widening, Project No. 3551, Relocation of Sewer Line, Project No. 3810, and
Construction of a Waterline in Poinsettia Lane, Project No. 3442, and construction of a recycled waterline with Dokken Engineering.
6. Agreement for Bridge Plan Design Check for Poinsettia Lane Bridge Widening Project No. 3551 with Daniel, Mann, Johnson & Mendenhall.
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LOCATION MAP
City of Carlsbad
March 30,200O
Dokken Engineering
Attn: Richard T. Liptak, Project Manager
3914 Murphy Canyon Blvd., Suite A-153
San Diego, CA 92123
RE: AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES
At the meeting of March 21,2000, the Carlsbad City Council adopted Resolution No.‘s
2000-90 & 1076, approving the above referenced agreement.
Enclosed for your records is a copy of Resolution No. 2000-90, 1076, and a fully
executed agreement for your files.
If you have questions concerning the contract, please contact Lloyd Hubbs, Public Works
Director, at 602-2730.
Sincerely, .
’ 6ee Uhich
Office of the Carlsbad City Clerk
Enclosures (2)
1200 Carlsbad Village Drive - Carlsbad, CA 92008-l 989 - (760) 434-2808 @
City of Carlsbad
March 30,200O
Daniel, Mann, Johnson & Mendenball
Attn: Tom Bogard, Vice President
3250 Wilshire Boulevard
Los Angeles, CA 90010
RE: AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES
At the meeting of March 21,2000, the Carlsbad City Council adopted Resolution No.
2000-91, approving the above referenced agreement.
Enclosed for your records is a copy of Resolution No. 2000-91 and a fully executed
agreement for your files.
If you have questions concerning the contract, please contact Lloyd Hubbs, Public Works
Director, at 602-2730.
Sincerely,
/CL L.LkLi
Dee Uhich
Office of the Carlsbad City Clerk
Enclosures (2)
1200 Carlsbad Village Drive - Carlsbad, CA 92008-1989 - (760) 434-2808 @
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RESOLUTION NO. 2000-90
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT WITH
DOKKEN ENGINEERING FOR PROFESSIONAL ENGINEERING SERVICES FOR PREPARATION OF PLANS, SPECIFICATIONS AND
ESTIMATES FOR THE POINSETTIA LANE BRIDGE WIDENING PROJECT, PROJECT NO. 3551, RELOCATION OF SEWER LINE,
PROJECT NO. 3810, AND CONSTRUCTION OF A WATERLINE AND RECLAIMED WATERLINE IN POINSETTIA LANE, PROJECT NO. 3442.
WHEREAS, the Engineering Department requested Statements of Qualifications to
lrovide professional engineering services for preliminary engineering, environmental studies and
jreparation of plans, specifications and cost estimates from twenty-two private firms interested in
lroviding engineering services for the Poinsettia Lane Bridge Widening, Project No. 3551, and
,eceived responses from seven firms and after review of the proposals, staff is recommending
Iokken Engineering as the best qualified firm for preparation of plans, specifications and cost
estimates based on their experience and expertise on similar types of project; and
WHEREAS, the City Council of the City of Carlsbad, California, has determined
t necessary and in the public interest to approve and accept an agreement with
Iokken Engineering for professional engineering services for preparation of plans, specifications
md estimates; and
WHEREAS, total project cost estimated for the preparation of plans, specifications and
estimates is $226,376; and
WHEREAS, funds in the amount of $2,405,000, including $2 million for the bridge
widening, $30,000 for the sewer line and $375,000 for the water line, have been previously
appropriated for the Poinsettia Lane Bridge Widening Project and there are sufficient funds
available for this project; and
WHEREAS, on January 5, 2000, the Planning Commission adopted Planning
Commission Resolution No. 4715 approving the Mitigated Negative Declaration issued by the
‘lanning Director, and Planning Commission Resolution No. 4716 approving Coastal
Development Permit 99-30 for the Poinsettia Lane Bridge Widening Project.
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1 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
2 California, as follows:
3 1. That the above recitations are true and correct.
2. 4 That the agreement with Dokken Engineering for engineering services to prepare
plans, specifications, and estimates for the Poinsettia Lane Bridge Widening Project, a copy of 5
which is attached as Exhibit 5, is hereby approved.
8 3. That the Mayor is hereby authorized to execute the proposed agreement for
7 engineering services with Dokken Engineering for preparation of plans, specifications and
8 estimates.
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10 PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council
11 held on the 21s.t day of March I 2000 by the following vote, to wit:
12 AYES: Council Members Lewis, Hall, Nygaard and Kulchin
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ABSENT: Co 14
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‘7 ATTEST:
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19 ‘~RRF~NE M. WOOD, City Clerk (SEAL)
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1 RESOLUTION NO. zooo-91
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
3 CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT WITH
DANIEL, MANN, JOHNSON & MENDENHALL FOR BRIDGE PLAN
4 DESIGN CHECK FOR THE POINSETTIA LANE BRIDGE WIDENING
PROJECT. PROJECT NO. 3551.
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WHEREAS, the Engineering Department requested Statements of Qualifications to
6 provide professional engineering services for preliminary engineering, environmental studies and
7 preparation of plans, specifications and cost estimates from twenty-two private firms interested in
8 providing engineering services for the Poinsettia Lane Bridge Widening, Project No. 3551, and
9 received responses from seven firms and after review of the proposals, staff is recommending
IO Daniel, Mann, Johnson & Mendenhall as the best remaining qualified firm for bridge plan design
11 check based on their experience and expertise on similar types of project; and
12 WHEREAS, the City Council of the City of Carlsbad, California, has determined
13 it necessary and in the public interest to approve and accept an agreement with Daniel, Mann,
14 Johnson & Mendenhall for professional engineering services for bridge plan design check;-and
WHEREAS, total project cost estimated for the bridge plan design check services is
15 $44,901; and
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WHEREAS, funds in the amount of $2,405,000, including $2 million for the bridge
widening, $30,000 for the sewer line and $375,600 for the water line, have been previously
18 appropriated for the Poinsettia Lane Bridge Widening Project and there are sufficient funds
19 available for this project; and
20 WHEREAS, on January 5, 2000, the Planning Commission adopted Planning
21 Commission Resolution No. 4715 approving the Mitigated Negative Declaration issued by the
22 Planning Director, and Planning Commission Resolution No. 4716 approving Coastal
23 Development Permit 99-30 for the Poinsettia Lane Bridge Widening Project.
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1 NOW, THEREFORE, BE IT RESOLVED .by the City Council of the City of Carlsbad,
2 California, as follows:
3 1. That the above recitations are true and correct.
2. 4 That the agreement with Daniel, Mann, Johnson & Mendenhall to provide
engineering services for bridge plan design check for the Poinsettia Lane Bridge Widening
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Project, a copy of which is attached as Exhibit 6, is hereby approved.
8 3. That the Mayor is hereby authorized to execute the proposed agreement for
7 engineering services with Daniel, Mann, Johnson & Mendenhall for bridge plan design check.
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9 PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council
10 held on the 21 s t day of March , 2000 by the following vote, to wit:
11 AYES: Council Members Lewis, Hall, Nygaard and Kulchin
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II I6 ATTEST:
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h&m
LO‘RRAINE M. WOOD, City Clerk (SEAL)
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1076 RESOLUTION NO.
A RESOLUTION OF THE BOARD OF DIRECTORS OF CARLSBAD
MUNICIPAL WATER DISTRICT (CMWD), APPROVING AN
AGREEMENT WITH DOKKEN ENGINEERING FOR PROFESSIONAL
ENGINEERING SERVICES FOR PREPARATION OF PLANS,
SPECIFICATIONS AND ESTIMATES FOR THE POINSETTIA LANE
BRIDGE WIDENING, PROJECT NO. 3551, SEWER RELOCATION,
PROJECT NO. 3810, AND WATERLINE AND RECLAIMED
WATERLINE IN POINSETTIA LANE, PROJECT NO. 3442.
WHEREAS, the Engineering Department requested Statements of Qualifications to
provide professional engineering services for preliminary engineering, environmental studies and
preparation of plans, specifications and cost estimates from twenty-two private firms interested in
providing engineering services for the Poinsettia Lane Bridge Widening, Project No. 3551, and
received responses from seven firms and after review of the proposals, staff is recommending
Dokken Engineering as the best qualified firm for preparation of plans, specifications and cost
estimates based on their experience and expertise on similar types of project; and
WHEREAS, the Board of Directors of the Carlsbad Municipal Water District has
determined it necessary and in the public interest to approve and accept an agreement with
Dokken Engineering for professional engineering services for preparation of plans, specifications
and estimates; and
WHEREAS, total project cost estimated for the preparation of plans, specifications and
estimates is $226,376; and
WHEREAS, funds in the amount of $2,405,000, including $2 million for the bridge
widening, $30,000 for the sewer line and $375,000 for the water line, have been previously
appropriated for the overall Poinsettia Lane Bridge Widening Project and there are sufficient
funds available for the design of this project; and
WHEREAS, the project cost estimated for design and construction of the recycled
II waterline in Poinsettia Lane is $240,000 and no funds have been appropriated; and
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WHEREAS, on January 5, 2000, the Planning Commission adopted Planning
Commission Resolution No. 4715 approving the Mitigated Negative Declaration issued by the
Planning Director, and Planning Commission Resolution No. 4716 approving Coastal
Development Permit 99-30 for the Poinsettia Lane Bridge Widening Project; and
NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of Carlsbad Municipal
Water District (CMWD) of the City of Carlsbad, California, as follows:
1. That the above recitations are true and correct.
2. That the agreement with Dokken Engineering for engineering services to prepare
plans, specifications and estimates for the Poinsettia Lane Bridge Widening Project, a copy of
which is attached as Exhibit 5, is hereby approved.
3. That recycled water connection funds of $240,000 for the design and construction
of a recycled waterline in Poinsettia Lane are hereby appropriated.
4. That the President of the Board of Directors is hereby authorized to execute the
proposed agreement for engineering services with Dokken Engineering for preparation of plans,
specifications and estimates.
PASSED, APPROVED AND ADOPTED at a special meeting of the Carlsbad Municipal
Water District held on the 2 1 s t day of March I 2000 by the following vote, to wit:
AYES: Board Members Lewis, Hall, Nygaard and Kulchin
Al-l-EST: ~&kGLamT&
LO#R&fNE M. WOOD, Secretary (SEW
AGREEMENT FOR PREPARATION OF PLANS,
SPECIFICATIONS AND ESTIMATES FOR
POINSETTIA LANE BRIDGE WIDENING PROJECT NO. 3551,
RELOCATION OF SEWER LINE PROJECT NO. 3810,
CONSTRUCTION OF A WATERLINE IN POINSETTIA LANE
PROJECT NO. 3442, AND CONSTRUCTION OF A RECYCLED
WATERLINE IN POINSETTIA LANE
THIS AGREEMENT is made and entered into as of the 28 + day of
,20=, by and between the CITY OF CARLSBAD, a municipal
corporation, hereinafter referred to as “City”, CARLSBAD MUNICIPAL WATER
DISTRICT, a Public Agency organized under the Municipal Water Act of 1911, and a
Subsidiary District of the City of Carlsbad hereinafter referred to as “District”, and
0 DOKKEN ENGINEERING, a California corporation, hereinafter referred to as
“Contractor.”
RECITALS
City requires the services of an engineering Contractor to provide the necessary
design services for preparation of plans, specifications and estimates for Poinsettia
Lane Overhead Widening and Sewer and Waterline Extensions, City Project Nos. 3551,
3810, 3442/CMWD Project No. 90-I 11; the District requires the services of an
engineering Contractor to provide the necessary design services for preparation of
plans, specifications and estimates for Poinsettia Lane Overhead Widening Sewer and
Waterline Extensions, CMWD Project No. 90-I 11; and Contractor possesses the
necessary skills and qualifications to provide the services required by the City and the
District;
1 rev. 03/02/00
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, City, District and Contractor agree as follows:
1. CONTRACTOR’S OBLIGATIONS
See attached Exhibits “Al”, ‘VU”, “A3”, attached hereto and made a part hereof.
2. CITY OBLIGATIONS
The City shall:
A. Provide contractor with one (1) digital copy, on 3-l/2” diskette, of City
Standard Special Provisions for Specifications in Microsoft Word, 6.0/95 format.
B. Provide one (1) copy, on 3-l/2” diskette, of City title sheet in Autocad
Release 14 format.
C.. Provide expeditious review of plans in conformance with the design
schedule.
The District shall:
A. Provide copies of existing sewer pipeline and waterlines to be connected to.
3. PROGRESS AND COMPLETION
The work under this contract will begin within ten (10) days after receipt of
notification to proceed by the City Engineer or des.ignee and be completed within seven
hundred twenty (720) calendar days of that date. Extensions of time may be granted if
requested by the Contractor and agreed to in writing by the City Engineer or designee.
The City Engineer or designee will give allowance for documented and substantiated
rev. 03/02/00
unforeseeable and unavoidable delays not caused by a lack of foresight on the part of
the Contractor, or delays caused by City or District 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 $226,376. 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 and the District.
Incremental payments, if applicable, should be made as outlined in attached
‘Exhibits “Bl”, “B2”. and “83”.
5. DURATION OF CONTRACT
This agreement shall extend for a period of seven hundred thirty (730) calendar
days from date thereof. The contract may be extended by the City Manager/Executive
Manager for two (2) additional one (1) year periods or parts thereof, based upon a
review of satisfactory performance and the City’s and the District’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. 03/02/00
7. FINAL SUBMISSIONS
Contractor to deliver submittals to City per attached Exhibits “Al”, “A2”, and
“A3”.
a. CHANGES IN WORK
If, in the course of the contract, changes seem merited by the Contractor, the
City or the District, and informal consultations with the other party indicate that a
change in the conditions of the contract is warranted, the Contractor, the City or the
District 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/District 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 the District and approved by the City
and the District 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,
4 rev. 03/02/00
the City or the District 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/Executive 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 the District and all work in progress to
the Public Works Director. The Public Works Director 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 or the District, the Contractor shall assemble the work product
and put same in order for proper filing and closing and deliver said product to City or
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the District. 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/Executive 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 or the District
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 or the District, 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 or the Carlsbad Municipal Water District 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
grounds for the City of Carlsbad or the Carlsbad Municipal Water District to disqualify
the Contractor from the selection process. i al)
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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. 4n”” (Initial)
13. JURISDICTION
Contractor agrees and hereby stipulates that the proper venue and jurisdiction
for resolution of any disputes between the parties arising out of this agreement is San
Diego County, California.
14. 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 or the District. Contractor shall be under control of
the City and the District only as to the result to be accomplished, but shall consult with
the City and the District 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 or the District for any purposes whatsoever.
The Contractor is an independent Contractor of the City and the District. 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 and the District shall not
make any federal or state tax withholdings on behalf of the Contractor or its employees
or subcontractors. The City and the District 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 and the
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District within 30 days for any tax, retirement contribution, social security, overtime
payment, unemployment payment or workers’ compensation payment which the City
and the District 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 and the District 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.
15. 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 or the District will provide copies of the approved plans to any other
agencies.
16. OWNERSHIP OF DOCUMENTS
All plans, studies, sketches, drawings, reports, and specifications as herein
required are the property of the City and the District, whether the work for which they
are made be executed or not. In the event this contract is terminated, all documents,
rev. 03/02/00
plans, specifications, drawings, reports, and studies shall be delivered forthwith to the
City or the District. Contractor shall have the right to make one (1) copy of the plans for
its records.
17. 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 District and hereby agrees to
relinquish all claims to such copyrights in favor of City and District.
18. HOLD HARMLESS AGREEMENT
Contractor agrees to indemnify and hold harmless the “City” and the “District”
and their officers, officials, employees and volunteers from and against all claims,
damages, losses and expenses including attorney fees arising out of the performance
of the work described herein caused in whole or in part 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.
19. 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 and the District.
20. 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 and the
District 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
9 rev. 03/02/00
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 or the District. 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 or the District.
21. PROHIBITED tNTEREST
No official of the City or the District who is authorized in such capacity on behalf
of the City or the District 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 or the District who is authorized in such capacity and on behalf of
the City or the District 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.
22. VERBAL AGREEMENT OR CONVERSATtON
No verbal agreement or conversation with any officer, agent, or employee of the
City or the District, 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.
10 rev. 03/02/00
23. SUCCESSORS OR ASSIGNS
Subject to the provisions of Paragraph 18, “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.
24. EFFECTtVE DATE
This agreement shall be effective on and from the day and year first written
above.
25. 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.
26. 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
11 rev. 03/02/00
current Best’s Key Rating of not less than “A-Y and shall meet the City’s policy for
insurance as stated in Resolution No. 91-403 and the District’s policy for insurance as
stated in Resolution No. 772.
A. Coveraoes and Limits.
Contractor shall maintain the types of coverages and minimum limits
indicated herein, unless a lower amount is approved by the City Attorney/General
Counsel or City Manager/Executive Manager:
1. Comprehensive General Liability Insurance. $1 ,OOO,OOO 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/District). $1 ,OOO,OOO 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 ,OOO,OOO 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 ,OOO,OOO per claim. Coverage
shall be maintained for a period of five years following the date of completion of the
work.
12 rev. 03/02/00
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 and the Carlsbad Municipal Water District shall be named
as additional insureds 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
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.
13 rev. 03/02/00
23
-
27. RESPONSIBLE PARTIES
The name of the persons who are authorized to give written notices or to receive
written notice on behalf of the City/District and on behalf of the Contractor in connection
with the foregoing are as follows:
For City: Title
Name
Address
Public Works Director
Lloyd 6. Hubbs
1635 Faraday Avenue
Cartsbad. CA 92008-7314
For Contractor: Title
Name
Address
Project Manager
Richard T. Liptak
3914 Murphy Canyon Blvd., Suite A-l 53
San Diego, CA 92123
Architect/License Number: C 40887
28. BUSINESS LICENSE
Contractor shall obtain and maintain a City of Carlsbad Business License for the
duration of the contract.
29. 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
ill
Ill
Ill
Ill
111
14 rev. 03lO2lOO
writing executed by the party against which enforcement of such amendment, waiver or
discharge is sought.
b 4 - Executed by Contractor this day of ,2049.
CONTRACTOR:
DOKKEN ENGINEERING, a
Californl~corporation
By: , /&tJL#q~L&
(sign here) v
Richard T. Liptak, Vice President
By:
Richard Lewis, Secretary
(print name/title)
Architect/License Number
CITY OF CARLSBAD, a municipal
of the State of Cafifo
fi
CARLSBAD MUNICIPAL WATER
ATTEST
//yywuG%-3/aa;l
LMRAI’NE M. WOOD, Secretary
(Proper notarial acknowledgment of execution by Contractor must be attached.)
(Chairman, president or vice-president and secretary, assistant secretary , CFO or assistant treasurer must sign for corporations. Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer(s) signing to bind the corporation.)
(if signed by an individual partner, the partnership must attach a statement of partnership authorizing the partner to execute this instrument.)
rev. 03lO2lOO
ALL-PURPOSE ACKNOWLEDGMENT
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State of California
County of C’ -xCLl'@-tT.4Ntkj j ss.
On M CWC!k luTH 7um before me, (DA-W personally appeared -&(4 &;,(I -i-y & ;&& \ SIGNER(S) ’
@ 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 instrument and
acknowledged to me that h&he/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
person(s) acted, executed the instrument.
the
WITNESS my hand and official seal.
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OPTIONAL INF’OFIMATION
The information below is not required by law. However. it could prevent fraudulent attachment of this acknowl-
edgment to an unauthorized document.
CAPACI’IY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT
id
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INDIVIDUAL
CORPORATE OFFICER
-f-~(S) mE OR TYPE OF DOCUMENT
PARTNER(S)
A’ITORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER:
a NUMBER OF PAGES
(p &W 1 DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OP PERSON(S) OR ENTil-Y(IES)
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APA 1194 VALLEY-SIERRA. W-362-3369
&
-
EXHIBIT “Al”
SCOPE OF WORK
for
Poinsettia Lane Overhead Widening
(City of Carlsbad)
A. Final Design
1.
2.
3.
4.
6.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
Preparation of Plans, Specifications and Cost Estimate (PS&E).
Prepare plans in ink on mylar, or other media acceptable to City, on screened
topographic map using scales of 1” = 40’ horizontal and 1” = 4’ vertical or 1” = 8’ vertical as agreed to prior to plan preparation. Provide one set of
approved final plans in digital format compatible with AutoCAD Rel. 14 or
current version in use at the time plans are prepared. Digital drawings shall
be on 3 Y,” floppy disks or other media approved by the City. Provide one set
of mylar plans of final drawings.
Include in the improvement a typed list of contract items to be included in
the Contract Documents. Estimate and bid item list to have identical item
descriptions, compatible with Standard Specifications for Public Works
Construction (SSPWC), and identical unit values.
Submit detailed calculations and summary sheet of Engineer’s Estimate for
construction.
Prepare hydrologic and hydraulic reports to City standards.
Prepare erosion control plans.
Prepare phasing and traffic control plans.
Prepare striping and signing plans
Prepare structure plans
Prepare city street lighting plans.
Prepare planting and irrigation plans.
Prepare technical specifications, including standard and special provisions.
Provide printed original and electronic copy in Microsoft Word Version 7 to
the City. Specifications in Greenbook format only.
Provide to the City Project Manager, in a timely manner, copies of telephone
conversations reports, meeting minutes, transmittals and correspondence.
Provide ten (10) sets of bluelines of plans at 70%, 90% and 100% plancheck
submittals.
Provide ten (10) copies of the technical specifications and cost estimates at
70%, 90% and 100% plancheck submittals.
Coordinate design with Carlsbad Municipal Water District (CMWD) where
applicable.
-
B. Project Management
17.
18.
19.
20.
Provide plans to affected utility companies and assist City Project Manager
with coordination for relocation of facilities required to be relocated due to
the roadway construction.
Coordinate design and construction requirements with railroad agencies and
the Public Utilities Commission.
Perform additional field surveys to locate survey monumentation necessary
to establish and calculate existing property, right-of-way and easement lines.
Property, right-of-way, and easement lines will be calculated’ from a
combination of survey data and record data from both the title report and
record maps for the subject property (APN 214-450-25). The City will supply
a current title report.
Prepare a plat and legal description for the acquisition of right-of-way or
easement. Easements for proposed utility relocations, drainage facilities, or
other proposed facilities are not included. Grant deeds, subordination
agreements, and other instruments of transfer will be prepared by the City.
1. Project meetings shall include an initial project kick-off meeting with
monthly meetings until the project is complete.
2. Prepare a detailed project schedule using Microsoft Project, or other
approved software of the final design phase. The project schedule shall be
updated monthly and with each submittal and be provided to City Project
Manager sufficiently prior to the monthly meetings for adequate review.
3.
4.
Provide quality assurance reviews.
Prepare semi-monthly (2 per month) progress reports detailing work
accomplished during period and work anticipated for next period.
5. Prepare meeting minutes and record of conversations for all project related
meetings and phone conversations.
A.. Final Design
1.
2.
Preparation of Plans, Specifications and Cost Estimate (PS&E).
Prepare plans in ink on mylar, or other media acceptable to City, on screened
topographic map using scales of 1” = 40’ horizontal and 1” = 4’ vertical or
1” = 8’ vertical as agreed to prior to plan preparation., Provide one set of
approved final plans in digital format compatible with AutoCAD Rel. 14 or
current version in use at the time plans are prepared. Digital drawings shall
be on 3 Im” floppy disks or other media approved by the City. Provide one set
of mylar plans of final drawings.
3. Include in the improvement a typed list of contract items to be included in
the Contract Documents. Estimate and bid item list to have identical item
descriptions, compatible with Standard Specifications for Public Works
Construction (SSPWC), and identical unit values.
4. Submit detailed calculations and summary sheet of Engineer’s Estimate for
construction.
5.
6.
7.
Prepare water line plans, specifications and estimate.
Prepare recycled water line plans, specifications and estimate.
Prepare technical specifications, including standard and special provisions.
Provide printed original and electronic copy in Microsoft Word Version 7 to
the City. Specifications in Greenbook format only.
8. Provide to the City Project Manager, in a timely manner, copies of telephone
conversations reports, meeting minutes, transmittals and correspondence.
9. Provide five (5) sets of bluelines of plans at 70%, 90% and 100% plancheck
submittals.
10. Provide five (5) copies of the technical specifications and cost estimates at
70%, 90% and 100% plancheck submittals.
11. Coordinate design with the City of Carlsbad Public Works Department where
applicable.
12. Provide plans to affected utility companies and assist City Project Manager
with coordination for relocation of facilities required to be relocated due to the
roadway construction.
13. Coordinate design and construction requirements with railroad agencies and
the Public Utilities Commission.
EXHIBIT “A2”
SCOPE OF WORK
for
Poinsettia Lane Overhead Widening
(Water and Recycled Water)
B. Project Management
1. Project meetings shall include an initial project kick-off meeting with
monthly meetings until the project is complete.
2. Prepare a detailed project schedule using Microsoft Project, or other approved
software of the final design phase. The project schedule shall be updated
monthly and with each submittal and be provided to City Project Manager
sufficiently prior to the monthly meetings for adequate review.
3. Provide quality assurance reviews.
4. Prepare semi-monthly (2 per month) progress reports detailing work
accomplished during period and work anticipated for next period.
5. Prepare meeting minutes and record of conversations for all project related
meetings and phone conversations.
EXHIBIT “A3”
SCOPE OF WORK
for
Poinsettia Lane Overhead Widening
(Sewer)
A. Final Design
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
Preparation of Plans, Specifications and Cost Estimate (PS&E).
Prepare plans in ink on mylar, or other media acceptable to City, on screened
topographic map using scales of 1” = 40’ horizontal and 1” = 4’ vertical or 1” = 8’ vertical as agreed to prior to plan preparation. Provide one set of
approved final plans in digital format compatible with AutoCAD Rel. 14 or
current version in use at the time plans are prepared. Digital drawings shall
be on 3 ?4” floppy disks or other media approved by the City. Provide one set
of mylar plans of final drawings.
Include in the improvement a typed list of contract items to be included in
the Contract Documents. Estimate and bid item list to have identical item
descriptions, compatible with Standard Specifications for Public Works
Construction (SSPWC), and identical unit values.
Submit detailed calculations and summary sheet of Engineer’s Estimate for
construction.
Prepare sewer line plans, specifications and estimate.
Prepare technical specifications, including standard and special provisions.
Provide printed original and electronic copy in Microsoft Word Version 7 to
the City. Specifications in Greenbook format only.
Provide to the City Project Manager, in a timely manner, copies of telephone
conversations reports, meeting minutes, transmittals and correspondence.
Provide five (5) sets of bluelines of plans at 70%, 90% and 100% plancheck
submittals.
Provide five (5) copies of the technical specifications and cost estimates at
70%, 90% and 100% plancheck submittals.
Coordinate design with the City of Carlsbad Public Works Department where
applicable.
Provide plans to affected utility companies and assist City Project Manager
with coordination for relocation of facilities required to be relocated due to the
roadway construction.
Coordinate design and construction requirements with railroad agencies and
the Public Utilities Commission.
B. Project Management
31
- .-
1. Project meetings shall include an initial project kick-off meeting with
monthly meetings until the project is complete.
2. Prepare a detailed project schedule using Microsoft Project, or other approved
software of the final design phase. The project schedule shall be updated
monthly and with each submittal and be provided to City Project Manager
sufficiently prior to the monthly meetings for adequate review.
3.
4.
Provide quality assurance reviews.
Prepare semi-monthly (2 per month) progress reports detailing work
accomplished during period and work anticipated for next period.
5. Prepare meeting minutes and record of conversations for all project related
meetings and phone conversations.
32
EXHIBIT “Bl”
COST ESTIMATE
Poinsettia Lane Overhead Widening
(City of Carlsbad)
A. Final Design
Firm Comments Total
Dokken Engineering
Lintvedt, McCall & Associates Right-of-Way Surveying, Mapping $7,378
and Right-of-Way Acquisition
Documents
Linscott, Law & Greenspan Lighting Plans
ADL Planning Landscape Plans
Final Design (PS&E) entire project $137,340
except that listed below and the
portion covered under agreement
with CMWD
$4,038
$10,000
Subtotal $158,756
B. Project Management
Firm
Dokken Engineering
Comments
City portion Project Management
Subtotal
Total
$11,040
$11,040
TOTAL $169.796
A
EXHIBIT “B2”
COST ESTIMATE
Poinsettia Lane Overhead Widening
(Water and Recycled Water)
A. Final Design
Firm Comments Total
Daniel Boyle Engineering CMWD Water
CMWD Recycled Water
$13,135
$13,135
Dokken Engineering Structural Engineering associated
with CMWD Water $7,960
with CMWD Recycled Water $7,960
Subtotal $42,190
B. Project Management
Firm
Daniel Boyle Engineering
Comments
CMWD Project Management
Water
Recycled Water
Total
$3,325
$3,325
l
Subtotal $6,650
TOTAL
EXHIBIT “B3”
COST ESTIMATE
Poinsettia Lane Overhead Widening
(Sewer)
A. Final Design
Firm Comments Total
Daniel Boyle Engineering CMWD Sewer $ 7,740
Subtotal $ 7,740
4
AGREEMENT FOR PROFESSIONAL
ENGINEERING SERVICES WITH
DANIEL, MANN, JOHNSON & MENDENHALL
THIS AGREEMENT is made and entered into as of the $7 day of
I 2OE, by and between the CITY OF CARLSBAD, a municipal I
corporation, hereinafter referred to as “City”, and Daniel, Mann, Johnson & Mendenhall,
a California corporation, hereinafter referred to as “Contractor.”
RECITALS,
City requires the services of an engineering Contractor to provide the necessary
consulting engineering services for preparation of review of plans, specifications and
estimates; and Contractor possesses the necessary skiffs 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:
a. Two (2) sets of bluelines of plans including bridge plans and
specifications.
b. Two (2) copies of soils reports.
C. One (1) blueline copy of I OO-scale site topo map.
d. Two (2) copies hydrology reports.
rev. 12/28/99
-1 -
e. Cost estimates.
f. Copy of applicable City codes and standards.
9. Copy of grading plans and other pertinent documents for improvements
adjacent to the 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 one hundred eighty (180)
calendar days of that date. Extensions of time may be granted if requested by the
Contractor and agreed to in writing by the Public Works Director. The Public Works
Director will give allowance for documented arid 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 $44,901. 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 two (2) years from date thereof. The
contract may be extended by the City Manager for two (2) additional one (1) year
periods or parts thereof, based upon a review of satisfactory performance and the City’s
-2 -
rev. 12128199
3-7
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 final plans, specifications
and estimate, the Contractor shall deliver to the City the following items:
a. Redline markups of roadway typical sections, layouts, profiles and bridge
plans.
b. List of written comments on plans, specifications, and estimates submitted
at each milestone.
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.
rev. 12128199
-3 -
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.
10. 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 Public Works Director.
The Public Works Director 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.
rev. 12/28/99
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.
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 prosecutioti. The Contractor acknowledges that
California Government Code sections 12650 et seq., 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
-5 -
rev. 12/28/99
by another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor
from the selection process.
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.
13. JURISDICTION
The Contractor agrees and hereby stipulates that the proper venue and
jurisdiction for resolution of any disputes betv&en the parties arising out of this
agreement is San Diego County, California.
14. 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
rev. 12128199
-6 -
41
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.
15. 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.
16. 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.
-7 -
rev. 12/28/99
17. 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.
ia. 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.
19. 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.
20. 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
-8 -
rev. 12/28/99
43
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.
21. 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.
22. 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.
23. SUCCESSORS OR ASSIGNS
Subject to the provisions of Paragraph 18, “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.
24. EFFECTIVE DATE
This agreement shall be effective on and. from the day and year first written
above.
-9 -
rev. 12128199
25. 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.
26. 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. Coveraaes 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 ,OOO,OOO 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
-10 -
rev. 12/28/99
45
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 ,OOO,OOO 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 ,OOO,OOO per accident for bodily injury.
4. Professional Liability. Errors and omissions liability appropriate to
the contractors profession with limits of not less than $l,OOO,OOO 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.
-11 -
rev. 12/28/99
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.
27. 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
Name
Address
Public Works Director
Lloyd B. Hubbs
1635 Faraday Avenue
Carlsbad, CA 92008
For Contractor: Title
Name
Address
Vice President
Tom Bogard
3250 Wilshire Boulevard
Los Angeles, CA 90010
28. BUSINESS LICENSE
Contractor shall obtain and maintain a City of Carlsbad Business License for the
duration of the contract.
29. ENTIRE AGREEMENT
This agreement, together with any other written document referred to or
contemplated herein, along with the purchase order for this contract and its provisions,
embody the entire agreement and understanding between the parties relating to the
-12 -
rev. 12/28/99
47
subject matter hereof. In case of conflict, the terms of the agreement supersede the
purchase order. 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 q$” day of M d/b ,20 00 .
CONTRACTOR:
DANIEL, MANN, JOHNSON AND
ATTEST:
D&r j7 uslh LCL d7 rd. Sew-c+ar-c,
&hw
LORRAINE M. WOOD (print name/title) J City Clerk
(Proper notarial acknowledgment of execution by Contractor must be attached.
Chairman, president or vice-president and secretary, assistant secretary, CFO or
assistant treasurer must sign for corporations. Otherwise, the corporation must attach a
resolution certified by the secretary or assistant secretary under corporate seal
empowering the officer(s) signing to bind the corporation.)
APPROVED AS TO FORM:
RONALD f . BALL, City Attorney By%ikfs= .
rev. 12/28/99
-13 -
CALIFORNIA
\7--: 7’-+q
State of California
County of LX3 >
ss.
On
Date
personally appeared
c-0. btYfi?b khlx ,
r(e.gjJarte Doe. Notary ublii”) ’ -
L$personally known to me
Cl proved to me on the basis of satisfactory
evidence
to be the person(s) whose name(s) *are
subscribed to the within instrument and
acknowledged to me that h&&e/they executed
the same in l4&“r/their authorized
capacity(ies), and that by F+@rrer/their
signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s)
acted, executed the instrument.
WITNESS my hand and official seal.
Plaza Notary Seal Above
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Tyfle of Document: d
*t+fi Q6i~;ti-l
Document Date:
Signer(s) Other Than Named Above: ($/)- \
0 Attorney in Fact
0 Trustee
Cl Guardian or Conservator
0 Other:
Signer Is Representing:
0 1997 Natmal Notary Associalion * 9350 De Sob Ave.. P.0 Box 2402 * Chatsworth, CA 91313.2402 Prod. No. 5907 Reorder: Call Toll-Frei 1-600-676-6627
EXHIBIT “A”
SCOPE OF WORK
A. This review for bridge shall consist of:
1. Make a complete check of the geometric layout. Scaling is acceptable for
simple structures (falsework clearance and space required for
construction operations are part of the layout check).
2. Make a general review of the plans for any obvious omissions, conflicts,
or incompatible structural framing or details.
3. Check the typical section.
4. Check the girder layout for variable girder spacing, slab thickness, and
agreement with the typical section.
No structural design check should be started until items 1 through 4 are
completed and any differences are resolved with the Designer. Consult with the
Project Designer if necessary. If revisions are necessary, the Designer should
revise the design and details before the Checker proceeds.
The check of a design may be done using the checked details of a similar
structure. The structure used for comparison must have been designed using
Load Factor Design.
5. Superstructure
a. Prestressed - check the prestressing path low and high points
and check for possible conflicts with column bars and/or cap steel,
R f’ tension in concrete, total amount of ultimate moment
reinfor>ement required, stirrups near the supports, and camber
diagram.
b. Reinforced Concrete - Check the total amount of moment
reinforcement at bents and near midspan. Review the bar cut-offs
to the extent that they look reasonable by comparison with the
spans, but do not check individual bar cut-offs. Check stirrups near
supports and “spot-check” the remainder. Check “fitup” for all hinge
details (i.e., pads, keys, restrainers, reinforcement, joint seal
assemblies, and skew details). For bent caps, check main
reinforcement and stirrups simialr to superstructure girders.
-14 -
rev. 12128199
50
6. Substructure
a. Bent and Abutment Footings - check size of footing for bearing
pressure or number of piles, and footing reinforcement.
b.
C.
d.
Pile Shafts - check depth, main reinforcement and spirals.
Columns - check main reinforcement and spirals.
Abutments - review longitudinal and transverse keys for
reasonableness, and check bearing pad size.
7. Review all plan details with an “overview perspective” to verify that the
details are complete, reasonable, structurally sound, and constructible.
Check moment connection to verify details are adequate to resist
moments resulting from various loading conditions. Confirm that there are
sufficient details shown for modifying existing structures and joining new
structure to existing structures for widenings.
8. Check for construction sequence.
9. Check all notes and corner details.
IO. Check soils engineering and seismic report for the following:
a.
b.
C.
d.
e.
f.
9
h.
Description of the general geology of the site.
A site plan showing the exact location of all borings taken.
Standard boring logs including blow counts, soil classification,
mechanical analysis and water table elevation.
Depth to “rock-like” material and type of such material at each
boring.
Borings shall be taken at the assumed location of each abutment
and pier.
Allowable bearing capacities and foundation pressures.
Recommended pier and abutment foundations.
Seismic data including nearest active fault, bedrock acceleration,
period and duration of motion, potential for liquification.
rev. 12/28/99
-15-
i. Maximum credible rock acceleration (from Greensfelder, R. (1973)
California Division of Mines and Geology Special Report MS-23,
Modified October, 1974 - Caltrans).
j. The magnitude of the maximum credible seismic event.
k. Required structural section of the roadway using R-value method.
I. A Log of Test Boring sheet included as part of the foundation report
and as part of the structure plans.
11. Plans shall reference San Diego Area Regional Standard Drawings, City
of Carlsbad Standards and/or Caltrans Standard Drawings by plan and/or
profile representations with the appropriate drawing number.
B. Review revisions to the plans, calculations or geotechnical investigations to
assure compliance with the initial plan review comments.
REPORT
A. Prepare a written report for each bridge on the findings of your plan review
relative to the items listed in section III. Provide written certification that the plans
are complete and accurate, and are in conformance with the applicable City
Codes, Standards, that they are consistent with any grading plans, and any other
adjacent improvement documents filed at the City. The report should be signed
and sealed by a registered structural engineer competent in the field of bridge
design.
B. Clearly identify any design deficiencies.
C. Make recommendations on improving any aspect of the design, plan preparation
or geotechnical investigation which you feel necessary or that would enhance
the performance of the design or constructibility of the project.
-16 -
rev. 12128/99