HomeMy WebLinkAbout2000-12-05; City Council; 15981; Professional Engineering Service Agreements.’
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.*r Cl1 Y OF CARLSBAD -AGENDA bdL /
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AB# f&q 81 TITLE: APPROVAL OF AGREEMENTS FOR
12-5-00 PROFESSIONAL ENGINEERING SERVICES WITH MTG. GALEN N. PETERSON, CONSULTING ENGINEER,
DEPT. I AND DICK JACOBS ASSOCIATES ENG CITY MGR.
RECOMMENDED ACTION:
Adopt Resolution No. &XCI -360 approving agreements with Galen N. Peterson,
Consulting Engineer, and Dick Jacobs Associates, to provide Professional Engineering services.
ITEM EXPLANATION:
In November of 1996, City Council approved agreements with Galen N. Peterson, Consulting
Engineer, and Dick Jacobs Associates to provide Professional Engineering services to the City.
Both agreements received a maximum of three one year extensions pursuant to the provisions of the agreements. Both agreements are now set to expire this month. The Engineering Department
has a continuing need for Professional Engineering consultant services. Such services are needed
to meet the various timelines for the large number of capital projects being processed by the City.
Staff is recommending that the City continue to contract with Galen N. Peterson, Consulting
Engineer, and Dick Jacobs Associates to assist staff, on an as-needed basis, with facility planning,
project management, review and recommendation of cost reports and studies and assessment
engineering. Selection of these firms was previously based on the consultants expertise in the
areas needed and past experience working with the City on similar projects. Staff believes the
experience gained by the two consultants over the past four years under the existing contract has
only enhanced their ability to provide the Professional Engineering services required by the City.
An agreement with these firms will provide continuity in work that needs to be accomplished.
For these reasons, the Purchasing Officer has waived the requirement for multiple proposals.
As with all Professional Engineering service contracts prepared by the City, individual project
budgets will be established by the City Engineer and only authorized as services are required.
Fees will be paid from the specific capital projects as work is completed by the consultant.
Both agreements will be for an initial seven month period ending on June 30, 2001, to coincide with
the fiscal year, with provisions for three consecutive one year extensions based on the City’s need and satisfactory performance by the consultant, as approved by the City Manager. The maximum
amount payable to the consultant for any one fiscal year under the agreement will not exceed
$150,000.
I FISCAL IMPACT:
Cost for the civil engineering services will be charged to the various capital projects as part of the
project available funding.
I EXHIBITS:
1. Resolution No. m -~360 approving agreements with Galen N. Peterson, Consulting
Engineer, and Dick Jacobs Associates, to provide Professional Engineering services.
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1 RESOLUTION NO. 2000-350
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING AGREEMENTS
WITH GALEN N. PETERSON, CONSULTING ENGINEER
AND DICK JACOBS ASSOCIATES FOR PROFESSIONAL
ENGINEERING SERVICES.
WHEREAS, the City Council of the City of Carlsbad, California has reviewed the need for
the utilization of engineering consultant services on an ongoing, as-needed basis in order to
maintain service levels; and
WHEREAS, the City Council has determined Galen N. Peterson, Consulting Engineer,
and Dick Jacobs Associates have the needed professional engineering skills; and,
WHEREAS, the Purchasing Officer has waived the requirement for multiple proposals;
and,
WHEREAS, the City Council has determined that the above-named wnsulting
engineering firms are uniquely qualified because of their experience with City policy and
procedures; and
WHEREAS, the City Council recognizes the need to maintain the continuity of work in
progress by utilizing Galen N. Peterson, Consulting Engineer, and Dick Jacobs Associates, to
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provide Professional Engineering services.
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NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
California, as follows: 20
1. That the above recitations are true and correct. 21
2. 22 That an agreement with Galen N. Peterson, Consulting Engineer, a copy of which is
attached 23
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as Exhibit A, and made a part hereof, is hereby approved.
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3. That an agreement with Dick Jacobs Associates, a copy of
Exhibit B, and made a part hereof, is hereby approved.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
held on the 5th day of December , 2000 by
wit:
AYES: Council Members Lew Finnila, Nygaard
CLAUDE A. LEWIW -
b%
LORwNE$. WOOD, City Clerk
which is attached as
Carlsbad City Council
the following vote, to
and Kulchin.
(SEW
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MASTER AGREEMENT FOR
PROFESSIONAL ENGINEERING SERVICES WITH
DICK JACOBS ASSOCIATES
THIS AGREEMENT is made and entered into as of the 1lTH day of
DECEMBER I 20=, by and between the CITY OF CARLSBAD, a municipal
corporation, hereinafter referred to as “City”, and DICK JACOBS ASSOCIATES, a
consulting engineer, hereinafter referred to as “Contractor.”
RECITALS
City requires the services of a professional engineering Contractor to provide the
necessary studies, reports, cost estimates and general engineering services for
preparation of various engineering projects on a non-exclusive, project by-project basis;
and Contractor possesses the necessary skills and qualifications to provide the services
required by the City;
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, City and Contractor agree as follows:
1. CONTRACTOR’S OBLIGATIONS
The Contractor’s obligations with respect to any project granted to Contractor
under this agreement shall be as specified in the Task Description for the project
(see paragraph 4 below).
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2. GIN OBLIGATIONS
The City’s obligations with respect to any project granted to Contractor under this
agreement shall be as specified in the Task Description for the project (see paragraph 4
below).
3. PROGRESS AND COMPLETION
The work for any project granted to Contractor under this contract will begin
within ten (10) days after receipt of notification to proceed by the City and be completed
within the time specified in the Task Description for the project (see paragraph 4 below).
Extensions of time may be granted if requested by the Contractor and agreed to in
writing by the Public Works Director or Deputy City Engineer, as his designee. The
Public Works Director or Deputy City Engineer, as his designee will give allowance for
documented and substantiated unforeseeable and unavoidable delays not caused by a
lack of foresight on the part of the Contractor, or delays caused by City inaction or other
agencies’ lack of timely action.
4. FEES TO BE PAID TO CONTRACTOR
The total fee payable for the sewices to be performed shall be determined on a
project-by-project basis and shall be based on the Contractor’s Schedule of Rates
attached hereto as Exhibit “A”. Prior to initiation of any project work by the Contractor,
the City shall prepare a Project Task Description and Fee Allotment (the “Task
Description”) which, upon signature by the Contractor and for City, the City Manager,
Public Works Director or Deputy City Engineer, as his designee, shall be considered a
part of this Agreement. The Task Description shall include a detailed scope of services
for the particular project being considered and a statement of the Contractor’s fee to
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complete the project in accordance with the specified scope of services. The Task
Description shall also include a description of the method of payment and shall be
based upon an hourly rate, percentage of project complete, completion of specific
project tasks or a combination thereof. The cumulative total for all projects allowed
pursuant to this Agreement shall not exceed $250,000 dollars per fiscal year.
5. DURATION OF CONTRACT
This Agreement shall extend from the date first written above to June 30, 2001.
The City Manager may amend the Agreement to extend it for three (3) additional
one (1) year periods or parts thereof in an amount not-to-exceed $250,000 per fiscal
year, subject to the appropriation of funds by the City Council. Extensions shall be
based upon a satisfactory review of Contractor’s performance; City needs, and;
appropriation of funds by the City Council. The parties shall prepare a written
amendment indicating the effective date and length of the extended Agreement.
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
The final submissions for each project performed by the Contractor shall be
specified in the Task Description for the project (see paragraph 4 above).
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8. CHANGES IN WORK
If, in the course of a project or 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 a project or the contract is warranted, the Contractor or the
City may request a change in the project or the contract. Such chan.ges 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.
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10. ANTI-DISCRIMINATION AND ANTI-HARASSMENT CLAUSE
The Contractor shall comply with all applicable state and federal laws and
regulations prohibiting discrimination and harassment.
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 or
Deputy City Engineer, as his designee. 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, 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.
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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 in
anticipation of litigation or in conjunction with litigation. The Contractor acknowledges
that if a false claim is submitted to the City, it may be considered fraud and the
Contractor may be subject to criminal prosecution. The Contractor acknowledges that
California Government Code sections 12650 et 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
by another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor
from the selection process. (Initial) (Initial)
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.
(Initial) (Initial)
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13. JURISDICTION
The 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. Contractor shall be under control of the City only
as to the result to be accomplished, but shall consult with the City as provided for in the
request for proposal. The persons used by the Contractor to provide services under this
agreement shall not be considered employees of the City for any purposes whatsoever.
The Contractor is an independent Contractor of the City. The payment made to
the Contractor pursuant to the contract shall be the full and complete compensation to
which the Contractor is entitled. The City shall not make any federal or state tax
withholdings on behalf of the Contractor or its employees or subcontractors. The City
shall not be required to pay any workers’ compensation insurance or unemployment
contributions on behalf of the Contractor or its employees or subcontractors. The
Contractor agrees to indemnify the City within 30 days for any tax, retirement
contribution, social security, overtime payment, unemployment payment or workers’
compensation payment which the City may be required to make on behalf of the
Contractor or any employee or subcontractor of the Contractor for work done under this
agreement or such indemnification amount may be deducted by the City from any
balance owing to the Contractor.
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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.
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.
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18. 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
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.
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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.
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25. 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 categories 1, 3 and 4.
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-W” and shall meet the City’s policy for
insurance as stated in Resolution No. U-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
separately to the work under this contract or the general aggregate shall be twice the
required per occurrence limit.
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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 contractor’s profession with limits of not less than $250,000 per claim. Coverage
shall be maintained for a period of five years following the date of completion of the
work.
B. Additional Provisions.
Contractor shall ensure that the policies of insurance required under this
agreement contain, or are endorsed to contain, the following provisions.
1. The City shall be named as an additional insured on all policies
excluding Workers’ Compensation and Professional Liability.
2. The Contractor shall furnish certificates of insurance to the City
before commencement of work.
3. The Contractor shall obtain occurrence coverage, excluding
Professional Liability which shall be written as claims-made coverage.
4. This insurance shall be in force during the life of the agreement and
any extension thereof and shall not be canceled without 30 days prior written notice to
the City sent by certified mail.
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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.
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
City of Carlsbad/Engineering Dept.
1635 Faraday Avenue
Carlsbad, CA 92006-7314
For Contractor: Title
Name
Address
Princioal
Richard Jacobs
1736 Blackbird Circle
Carlsbad, CA 92009
Architect/License Number:
20. BUSINESS LICENSE
Contractor shall obtain and maintain a City of Carlsbad Business License for the
duration of the contract.
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: . .
29. ENTIRE AGREEMENT
This agreement, together with any other wriien 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
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
CONTRACTOR: DICK JACOBS ASSOCIATES,
(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:
RONAL R. BALL, City Attorney
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BY: 13 f-3-
Deputy City Attorney
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State of California )
1 County of San Diego )
On November 22, 2000, before me, Belinda R. Guzman, Notary Public, personally
appeared Richard K. Jacobs, personally known to me to be the person whose name is
subscribed to the within instrument and acknowledged to me that he executed the same
in his authorized capacity, and that by his signature on the instrument the person, or
entity upon behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal
q&rlh$kk& (This area for
Signature of Notary official notary seal)
Title or Type of Document Master Agreement for Professional Engineering Services with
Dick Jacobs Associates
Date of Document November 22,200O No. of Pages 15
Signer(s) other than named above None
EXHIBIT “A”
DICK JACOBS ASSOCIATES
SCHEDULE OF FEES
Principal . . . . . . . . . . . . . . . . . . . . . . . . . . $8Slhr.
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Dba:Dick Jacoba Associates ATTORBEY IN FACT
1736 Blackbird Circle 115 S. LASALLE ST.
Carl&ad CA 92009 CHICAGO, IL 60603
ITEM 3: COVERAGE PERIOD: BOTH DAYS AT
INCEPTION:- 2/01/00 EXPIRATION: 2/01/01 12:OlA.M. LOCAL ST- TIME AT THEMEMBERS MAILING ADDRESS
ITEM 4: RETROACTIVJZ DATE: 2/01/96
ITEM 5: LXMITS OF LIABILITY:
A) LIMIT IN ALL (INCLUDING COSTS,
QIARGESANDEXPENSES) INRESPECT OF EACH CLAIM $250,000
B) LIMIT IN TBE AGGREGATE ( INCLUDING COSTS, CHARGES AND EXPENSES) FOR EACH ANNWAL PERIOD $500,000
ITEM 6: DEDUCTIBLE EACB CLAIM $1,500
Il%M 7: TOTAL PREMIUM: $4,488
ITEM 8: ENDORSEMENTS AT COVERAGE PERIOD INCEPTION DATE:
AIF2385EVI
THIS DOCUMENT (EVIDENCE OF INSURMCE) IS ISSUED AS NOTICE OF INSURANCE
FOR INFORMATION ONLY. IT DOES NOT CONSTITUTE A LEGAL CONTRACT OF
INSURANCE. THE MASTER POLICY AND THE APPLICATION OF THE INSURED, IF ANY, FORM THE ENTIRE CONTRACT. THIS EVIDENCE WHICH IS FURNISBED IN
ACCORDANCE WITB, AND IN ALL RESPECTS IS SUBJECT TO, THE TERMS OF THE
MASTER POLICY, A COPY OF WHICH IS ATTACHED HERETO FOR INFORMATION PURPOSES ONLY AND REPLACES ANY OTHER EVIDENCE PREVIOUSLY ISSUED COVERING THE INSURANCE DESCRIBED HEREIN.
AIF2385E (4/99)
MASTER AGREEMENT FOR
PROFESSIONAL ENGINEERING SERVICES WITH
GALEN N. PETERSON, CONSULTING ENGINEER
THIS AGREEMENT is made and entered into as of the 1lTH day of
DECEMBER t 20&, by and between the CITY OF CARLSBAD, a municipal
corporation, hereinafter referred to as “City”, and GALEN N. PETERSON,
CONSULTING ENGINEER, hereinafter referred to as “Contractor.”
RECITALS
City requires the services of a professional engineering Contractor to provide the
necessary studies, reports, cost estimates and general engineering services for
preparation of various engineering projects on a non-exclusive, project by-project basis;
and Contractor possesses the necessary skills and qualifications to provide the services
required by the City;
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, City and Contractor agree as follows:
1. CONTRACTOR’S OBLIGATIONS
The Contractor’s obligations with respect to any project granted to Contractor
under this agreement shall be as specified in the Task Description for the project
(see paragraph 4 below).
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2. CITY OBLIGATIONS
The City’s obligations with respect to any project granted to Contractor under this
agreement shall be as specified in the Task Description for the project (see paragraph 4
below).
3. PROGRESS AND COMPLETION
The work for any project granted to Contractor under this contract will begin
within ten (10) days after receipt of notification to proceed by the City and be completed
within the time specified in the Task Description for the project (see paragraph 4 below).
Extensions of time may be granted if requested by the Contractor and agreed to in
writing by the Public Works Director or Deputy City Engineer, as his designee. The
Public Works Director or Deputy City Engineer, as his designee will give allowance for
documented and substantiated unforeseeable and unavoidable delays not caused by a
lack of foresight on the part of the Contractor, or delays caused by City inaction or other
agencies’ lack of timely action.
4. FEES TO BE PAID TO CONTRACTOR
The total fee payable for the services to be performed shall be determined on a
project-by-project basis and shall be based on the Contractor’s Schedule of Rates
attached hereto as Exhibit “A”. Prior to initiation of any project work by the Contractor,
the City shall prepare a Project Task Description and Fee Allotment (the “Task
Description”) which, upon signature by the Contractor and for City, the City Manager,
Public Works Director or Deputy City Engineer, as his designee, shall be considered a
part of this Agreement. The Task Description shall include a detailed scope of services
for the particular project being considered and a statement of the Contractor’s fee to
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f ..I
complete the project in accordance with the specified scope of services. The Task
Description shall also include a description of the method of payment and shall be
based upon an hourly rate, percentage of project complete, completion of specific
project tasks or a combination thereof. The cumulative total for all projects allowed
pursuant to this Agreement shall not exceed $150,000 dollars per fiscal year.
5. DURATION OF CONTRACT
This Agreement shall extend from the date first written above to June 30, 2001.
The City Manager may amend the Agreement to extend it for three (3) additional
one (1) year periods or parts thereof in an amount not-to-exceed $150,000 per fiscal
year, subject to the appropriation of funds by the City Council. Extensions shall be
based upon a satisfactory review of Contractor’s performance; City needs, and;
appropriation of funds by the City Council. The parties shall prepare a written
amendment indicating the effective date and length of the extended Agreement.
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
The final submissions for each project performed by the Contractor shall be
specified in the Task Description for the project (see paragraph 4 above).
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6. CHANGES IN WORK
If, in the course of a project or 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 a project or the contract is warranted, the Contractor or the
City may request a change in the project or the 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.
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. .
IO. ANTI-DISCRIMINATION AND ANTI-HARASSMENT CLAUSE
The Contractor shall comply with all applicable state and federal laws and
regulations prohibiting discrimination and harassment.
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 or
Deputy City Engineer, as his designee. 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, 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.
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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 in
anticipation of litigation or in conjunction with litigation. The Contractor acknowledges
that if a false claim is submitted to the City, it may be considered fraud and the
Contractor may be subject to criminal prosecution. The Contractor acknowledges that
California Government Code sections 12650 et 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 infomration
or in reckless disregard of the truth or falsity of information. If the City of Carlsbad seeks
to recover penalties pursuant to the False Claims Act, it is entitled to recover its
litigation costs, including attorney’s fees. The Contractor acknowledges that the filing of
a false claim may subject the Contractor to an administrative debarment proceeding
wherein the Contractor may be prevented to act as a Contractor on any public work or
improvement for a period of up to five years. The Contractor acknowledges debarment
by another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor
from the selection process. (Initial)
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.
/@ (Initial) Ya
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13. JURISDICTION
The 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. Contractor shall be under control of the City only
as to the result to be accomplished, but shall consult with the City as provided for in the
request for proposal. The persons used by the Contractor to provide services under this
agreement shall not be considered employees of the City for any purposes whatsoever.
The Contractor is an independent Contractor of the City. The payment made to
the Contractor pursuant to the contract shall be the full and complete compensation to
which the Contractor is entitled. The City shall not make any federal or state tax
withholdings on behalf of the Contractor or its employees or subcontractors. The City
shall not be required to pay any workers’ compensation insurance or unemployment
contributions on behalf of the Contractor or its employees or subcontractors. The
Contractor agrees to indemnify the City within 30 days for any tax, retirement
contribution, social security, overtime payment, unemployment payment or workers’
compensation payment which the City may be required to make on behalf of the
Contractor or any employee or subcontractor of the Contractor for work done under this
agreement or such indemnification amount may be deducted by the City from any
balance owing to the Contractor.
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. . . .
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.
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.
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18. HOLD HARMLESS AGREEMENT
Contractor agrees to indemnify and hold harmless the City of Catisbad 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
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.
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. * . I
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 olficer, 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
additional payment whatsoever under the terms of this contract.
23. SUCCESSORS OR ASSIGNS
the Contractor to any
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.
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25. 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 categories I, 3 and 4.
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-Y 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
separately to the work under this contract or the general aggregate shall be twice the
required per occurrence limit.
4
-11 - 11/21/00
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 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.
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.
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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.
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
For Contractor: Title
Name
Address
Architect/License Number: RCE 18364
28. BUSINESS LICENSE
Public Works Director
Lloyd 6. Hubbs City of Catisbad/Engineering Dept.
1635 Faraday Avenue
Carlsbad, CA 92008-7314
Principal
Galen N. Peterson, Consulting Engineer
16064 Sun Summit Point
San Diego, CA 92127-2050
Contractor shall obtain and maintain a City of Carlsbad Business License for the
duration of the contract.
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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
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 2 2 +J day of z, 20 00 .
CONTRACTOR:
GALEN N. PETERSON,
(print name/title)
(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:
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State of California )
1 County of San Diego )
On November 22, 2000, before me, Belinda R. Guzman, Notary Public, personally
appeared Galen N. Peterson, personally known to me to be the person whose name is
subscribed to the within instrument and acknowledged to me that he executed the same
in his authorized capacity, and that by his signature on the instrument the person, or
entity upon behalf of which the person acted, executed the instrument.
. WITNESS my hand and official seal
.
93eQLd&k& (This area for
Signature of Notary official notary seal)
Title or Type of Document Master Agreement for Professional Services with Galen N.
Peterson, Consulting Engineer
Date of Document November 22,200O No. of Pages 15
Signer(s) other than named above None
. .
Exhibit A
Compensation Rates and Payment Provisions
MASTER AGREEMENT FOR
PROFESSIONAL ENGINEERING SERVICES
BETWEEN CITY OF CARLSBAD
AND
GALEN N. PETERSON, CONSULTING ENGINEER
City shall pay to Galen N. Peterson, Consulting Engineer, for the performance of all
services rendered pursuant to this Agreement, -on a “time-and-materials” basis, in accordance with the following Schedule of Billing Rates:
Galen N. Peterson, Consulting Engineer, shall submit invoices to the City on a monthly
basis. A late payment finance charge will be applied to any unpaid balance,
commencing (30) days after the date of the original invoice, at an interest rate at ten (10)
percent per annum.
ACORD, CERTIFICA a E OF LIABILITY INSUI.ANC&~ 4 DATE (MMfDDfW)
11/26/00
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Cavignac C Associates HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 1230 Columbia St., Suite 850 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
San Diego CA 92101-3547
Phone:619-234-6848 Fax:619-234-8601
INSURED
INSURERS AFFORDING COVERAGE
INSURER A: UnitedStatesFidelity&&Guaranty
Galen Peterson Consulting En ineer 16864 Sun Summit Point San Diego CA 92127
I
INSURER B: Design Professionals Ins Co
INSURER C:
INSURER D:
INSURER E:
I COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDlTlON OF ANY CONTRACT OR OTHER DOCUMENT WlTH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLlClES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
I(SR .TR TYPE OF INSURANCE POLICY NUMBER
GENERAL LlABlLlTY
A X COMMERCIAL GENERAL LIABILITY BK00725582
CLAIMS h4ADE q OCCUR
X Broad form
X Blkt Contractual s-o- DEDUCTIBLE APSPLILS
GEN’L AGGREGATE LIMIT APPLIES PER:
A
AUTOMOBILE LIABIUTY
ALL OWNED AUTOS
SCHEDULED AUTOS
EXCESS LIABILITY
cl CLAIMS MADE
OTHER
B 1 Professional
Liability
IESCRlPTION OF OPERATlONYLOCATlONSN
BKO0725582
AEE0300415
IlCLESfEXCLUSlONS ADDED BY ENDORSEM
11/27/00
11/27/00
11/27/00
T/SPECIAL PROVlSl
EACH OCCURRENCE s
AGGREGATE s S S
s
WCsTAnr TORY LlMliS OIH ER-
E.L. EACH ACCIDENT S
E.L. DISEASE - E4 EMPLOYEE 5
1 E.L. DISEASE - POLICY LIMIT 1 5
11/27/01 *Limits $1,000,000
Deduct. $ 5,000
IS
*Professional Liability - Claims Made Form, Aggregate Limit Policy. Defense
Costs Included within Limit of Liability - $2,000,000 Aggregate. RE: ALL
WERATIONS. CERTIFICATE HOLDER IS NAMED AS ADDITIONAL INSURED AS RESPECTS TO
ZENERAL LIABILITY PER ATTACHED. *10 DAYS NOTICE FOR NON-PAYMENT
3F PREMIUM.
:ERTIFICATE HOLDER 1 Y ( ADDlTlONAL INSURED; INSURER LETTER: A CANCELLATION
CARLS-6
CITY OF CARLSBAD ATTN: Nanci Plouffe 1635 Faraday Avenue Carlsbad CA 92009
I
iCORD 25-S (7197)
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATlO
DATE THEREOF, THE ISBUlNG INSURER WILL ENDEAVOR TO MAlL m DAYS WRll-TEN
NOTlCE TO THE CERTlFlCATE HOLDER NAMED /9 THE LER; BUT FAlLURE TO DO SO SHALL 1
LIABILITY OF E INSURER, ITS AGENTS OR
AUTHORIZED REPR
Dorothy A&ndson " I OACORD CORPORATION 1988
c-
’ ptiq Numb= BK00725582 BlanketAdditional Insureds- coNslMJmaJmm
THIS MJORSEMENT CHANGES THE POLICY. PLEASE READ iT CAREFULLY.
This endorsement modifies insurance provided under the following:
UABILITY COVERAGE PART.
1. If.
(4
(b)
you are required to add another person or
organization as an insured under this policy in a
written construction contract or agreement which
is in effect during the period of this policy; and
a certificate of insurance has been issued listing
that person as an ADDITIONAL INSURED, then
WHO IS AN INSURED (SECTION II is amended to
include that person or organization as an insured
(referred to below as an ADDITIONAL INSURED).
2 In addition to the other exclusions applicable to
COVERAGES A., B. and C., the insurance provided to
an AOOITIONAL INSURED does not apply to:
a. “Property damage’ to:
(1)
(2)
(3)
Property owned, used or occupied by, loaned
or rented to the ADDITIONAL INSURED;
Property in the care, custody or control of the
ADDITIONAL INSURED or over which the
ADDITIONAL INSURED is for any purpose
exercising physical control; or
3
“Your work’ performed for the ADDITIONAL
INSURED.
b.
C.
‘Bodily injury,’ ‘propem/ damage,’ ‘personal
injury,’ or ‘advertising injury’ arising out of an
architect’s, engineer’s or surveyor’s rendering or
failure to render any professional services for
you, for the ADDITIONAL INSURED, or for others,
including:
(1)
(2)
The preparing, approving or failure to
prepare or approve maps, drawings,
opinions, reports, surveys, change orders,
designs or specifications; or
Supervisory, inspection, or engineering
services.
“Bodily injury,’ “property damage,” ‘personal
injury,” or “advertising injury” which is not caused
in whole or in part by the negligent acts or
omissions of any Named Insured, or the negligent
acts or omissions of anyone directly or indirectly
employed by a Named Insured or for whose acts
a Named Insured may be liable.
All other terms and conditions of the policy remain the
same.
clJw22660497 Includes copyrighted material of Insurance Sewices Office, Inc.. with its permisslon.
Copyright. Insurance Services Office, Inc.. 1984. 1985
Page I of 1
“I \
t -.
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i. . . You must see to ir,that we receive written :. notice of the claim or ‘suit’ as soon as
practicable.
.* c. You and any other involved insured must:
(1) Immediately send us copies of any
demands, notices, summonses or legal
papers received in connection with the
claim or ‘suit’;
(2) Author& us to obtain records and other
information;
(3) Cooperate with us in the investigation,
settlement or defense of the claim or
‘suit’; and
(4) Assist us, upon our request, in the
enforcement of any right against any
person or organization which may be
liable to the insured because of injury or
damage to whi.ch this insurance may
also apply.
d No insureds will, except at their own cost,
voluntarily make a payment, assume any
obligation, or incur any expense, other than
for first aid, without our consent
3. Financial Responsibility Laws a. Primary Insurance.
a.
b.
When this policy is certified as proof of
financial responsibility for the future under
the provisions of any motor vehicle financial
responsibility law, the insurance provided by
this Coverage Part for “bodily injury” liability
and “property damage” liabiiity will comply
with the provision of the law to the extent of
the coverage and limits of insurance required
by that law.
With respect to ‘mobile equipment” to which
this insurance applies, we will provide any
liability, uninsured motorists, underinsured
motorists, no-fault or other coverages
required by any motor vehicle law. We will
provide the required limits for those
coverages.
A legal Action Against Us
No person or organization has a right under this
Coverage Part:
a. To join us as a party or otherwise bring us
into a ‘suit’ asking for damages from an
insured; or
h To sue us on this Coverage Part unless all of
its terms have been fully complied with.
A person or organization may sue us to recover on
an agreed settlement or on a final judgment
against an insured obtained after an actual trial;
but we will not be liable for damages that are not
payable under the terms of this Coverage Part or
that are in excess of the applicable Limit of
Liability. An agreed settlement means a
settlement and release of liability signed by us,
the insured and the claimant or the cfaimant’s
legal representative.
5. Other Insurance
If valid and collectible “other insurance” is
available to the insured for a loss we cover under
SECTION I. A. of this Coverage Part, our
obligations are limited as follows:
This insurance is primary except when
SECTION IV. 5. b. be!ow applies. !t m!s
insurance is primary, our obligations are not
affected unless any of the “other insurance”
is also orimarv. Then, we will share with all
that “other insurance” by the method
described in SECTION IV. 5. c. beI?.
b. Excess Insurance.
This insurance is excess over any of the
“other insurance” whether primary, excess,
contingent or any other basis that:
(1) Insures for direct physical loss of or
damage to proper?/;
cm 20 10 03 99 lnciudes copyrighted material of Insurance Services Office with Its permlssron.
Cooyrrgnt Insurance Services Office, inc.. 1996
Page 16ofZZ
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P ‘--- City of Carlsbad
Records Management Department
December 20,200O
Galen Peterson
16064 Sun Summit Point
San Diego CA 92127-2050
Re: Engineering Services Agreement
The City of Carlsbad has approved the agreement to provide professional engineering services.
The City has determined that you are required to file a conflict of interest statement, please refer
to section 25 of the referenced agreement for further details.
A copy of the agreement is enclosed for your reference.
Enclosure
1200 Carlsbad Village Drive - Carlsbad, CA 92008-l 989 - (760) 434-2808 @