HomeMy WebLinkAbout2001-01-09; City Council; 16020; Professional Engineering & Surveying Services. . p
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CITY OF CARLSBADICARLSBAD MUNICIPAL WATER DISTRICT - AGENDA BILL /, j,,
AB# /$, om TITLE: APPROVAL OF AGREEMENT FOR DEPT. HD.
MTG 01-09-01 PROFESSIONAL ENGINEERING AND SURVEYING
. SERVICES WITH RIGHT OF WAY ENGINEERING SERVICES 7i!ikit CITY ATTY.
AND MELClyilOR LAND SURVEYING, INC.
DEPT. ENG CITY MGR.
RECOMMENDED ACTION:
CITY COUNCIL OF THE CITY OF CARLSBAD: Adopt Resolution No. 20 approving 01- i q
consultant agreements with Right of Way Engineering Services, Incorporated, a California
corporation, Cecil E. Ryals, President, and Melchior Land Surveying, Incorporated, a California
corporation, Douglas R. Melchior, President to provide professional engineering and surveying
services.
BOARD OF DIRECTORS OF THE CARLSBAD MUNICIPAL WATER DISTRICT: Adopt Resolution
No. ll~?-- approving consultant agreements with Right of Way Engineering Services,
Incorporated, a California corporation, Cecil E. Ryals, President, and Melchior Land Surveying,
Incorporated a California corporation, Douglas R. Melchior, President to provide professional
engineering and surveying services.
ITEM EXPLANATION:
The Public Works Department contracts with private consulting engineering firms to obtain project
management and professional engineering services to facilitate the timely completion of Capital
Improvement Program projects. To reduce the time required to award professional services, staff is
requesting approval of as-needed agreements for engineering and surveying services.
The as-needed agreements can be used to secure services for a number of relatively small projects
and thereby shorten the time required to complete these projects.
Statements of Qualifications (SOQ’s) for as-needed engineering and surveying services
were received from six firms. The selection committee reviewed the SOQ’s and identified both
Right of Way Engineering Services and Melchior Land Surveying as the most qualified consultants
to provide the engineering services. Based on the review of the SOQ’s and the recognition that both
firms have provided a high quality of service in the past, staff is recommending that the City contract
with both firms. Contracting with both firms will ensure the availability of high-quality surveying
services at all times.
Typical task order services would include preparation of design surveys, plats, legal descriptions,
topographic maps, construction support, and project management, Individual project task orders that
identify specific accomplishments will be established by the Public Works Director and authorized
when services are required. The agreement will be for the remainder of the current fiscal year with
provisions for the City Manager/Executive Director to execute two, one-year extensions based upon
a review of the Contractor’s performance; City and District needs, and; appropriation of funds by the
City Council/Executive Board.
FISCAL IMPACT:
The maximum combined amount payable by the City and District to each consultant under the
agreements is $100,000 per fiscal year. Cost for the engineering and surveying services will be
charged to the various capital projects as part of the available project funding.
Page 2 of Agenda Bill No. llp,m
EXHIBITS:
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4.
City Council of the City of Carlsbad, Resolution No. mOl-/# approving agreements with Right of Way Engineering Services, Incorporated, a California corporation, Cecil E. Ryals, President, and Melchior Land Surveying, Incorporated a California corporation, Douglas R. Melchior, President to provide professional engineering and surveying services.
Board of Directors of the Carlsbad Municipal Water District, Resolution No. 2d
approving agreements with Right of Way Engineering Services, Incorporated, a California
corporation, Cecil E. Ryals, President, and Melchior Land Surveying, Incorporated a California corporation, Douglas R. Melchior, President to provide professional engineering and surveying services.
Agreement with Right of Way Engineering Services, Incorporated, a California corporation, Cecil E. Ryals, President, for professional engineering and surveying services.
Agreement with Melchior Land Surveying, Incorporated, a California corporation, Douglas R. Melchior, President, for professional engineering and surveying services.
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I RESOLUTION NO. 2001-14
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT WITH RIGHT OF WAY ENGINEERING SERVICES, INCORPORATED, A CALIFORNIA CORPORATION, CECIL E. RYALS, PRESIDENT, AND MELCHIOR LAND SURVEYING, INCOROPORATED, A CALIFORNIA CORPORATION, DOUGLAS R. MELCHIOR, PRESIDENT FOR PROFESSIONAL ENGINEERING AND SURVEYING SERVICES.
WHEREAS, the City Council of the City of Carlsbad, California, has reviewed the need for
the utilization of consultant services on an ongoing, as-needed basis in order to maintain service
levels; and
WHEREAS, the Department of Public Works solicited, received and reviewed Statements
of Qualifications for as-needed professional engineering and surveying services; and
WHEREAS, subsequent to a review of the Statements of Qualifications, staff
recommends Right of Way Engineering Services, Incorporated and Melchior Land Surveying
Engineering, Incorporated, as the most qualified consultants; and
WHEREAS, the agreement sets a maximum amount payable to each consultant of
$100,000 for fiscal year ending June 30, 2001 and, if amended, a maximum of $100,000 per
fiscal year for two additional years; and
WHEREAS, expenditures for the engineering and surveying services are subject to
availability of capital project funding;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
California, as follows:
1. That the above recitations are true and correct.
2. That an agreement with Right of Way Engineering Services, Incorporated, a copy of
which is attached as Exhibit 3 to the agenda bill, is hereby approved and the City Manager is
authorized to execute same.
3. That an agreement with Melchior Land Surveying, Incorporated, a copy of which is
attached as Exhibit 4 to the agenda bill, is hereby approved and the City Manager is authorized
to execute same.
Ill
1 4. That based upon the terms of the Agreements, the City Manager is authorized to
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extend each agreement for two additional one year periods, or parts thereof in an amount not to
exceed $100,000 when combined with District expenses.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council
held on the 9th day of January , : 2001 by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Finnila, Nygaard and Hall.
II ATTEST: A
(SEAL)
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RESOLUTION NO. 1111
A RESOLUTION OF THE BOARD OF DIRECTORS OF
CARLSBAD MUNICIPAL WATER DISTRICT, APPROVING
AN AGREEMENT WITH RIGHT OF WAY ENGINEERING
SERVICES, INCORPORATED, A CALIFORNIA CORPORATION,
CECIL E. RYALS, PRESIDENT, AND MELCHIOR LAND
SURVEYING, INCOROPORATED, A CALIFORNIA
CORPORATION, DOUGLAS R. MELCHIOR, PRESIDENT FOR
PROFESSIONAL ENGINEERING AND SURVEYING SERVICES.
WHEREAS, the Board of Directors of the Carlsbad Municipal Water District of Carlsbad,
California, has reviewed the need for the utilization of consultant services on an ongoing,
as-needed basis in order to maintain service levels; and
WHEREAS, the Department of Public Works solicited, received and reviewed Statements
of Qualifications for as-needed professional engineering and surveying services; and
WHEREAS, subsequent to a review of the Statements of Qualifications, staff
recommends Right of Way Engineering Services, Incorporated and Melchior Land Surveying
Engineering, Incorporated as the most qualified consultants; and
WHEREAS, the agreement sets a maximum amount payable to each consultant of
$100,000 for fiscal year ending June 30,200l and, if amended, a maximum of $100,000 per fiscal
year for two additional years; and
WHEREAS, expenditures for the engineering and surveying services are subject to
availability of capital project funding;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
California, as follows:
1. That the above recitations are true and correct.
2. That an agreement with Right of Way Engineering Services, Incorporated, a copy of
which is attached as Exhibit 3 to the agenda bill, is hereby approved and the Executive Manager
is authorized to execute same.
3. That an agreement with Melchior Land Surveying, Incorporated, a copy of which is
attached as Exhibit 4 to the agenda bill, is hereby approved and the Executive Manager is
authorized to execute same.
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4. That based upon the terms of the Agreements, the Executive Manager is authorized
to extend each agreement for two additional one year periods, or parts thereof in an amount not to
exceed $100,000 when combined with City expenses.
PASSED, APPROVED AND ADOPTED at a special meeting of the Carlsbad Municipal
Water District held on the 9th day of January , 2000 by the
following vote, to wit:
AYES: Board Members Lewis, Kulchin, Finnila, Nygaard and Hall.
NOES: None
ABSENT: None
ww
AGREEMENT WITH
RIGHT-OF-WAY ENGINEERING SERVICES, INC.,
FOR PROFESSIONAL ENGINEERING AND
SURVEYING SERVICES
THIS AGREEMENT is made and entered into as of the 2nd day of
Februarv ,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
Right-of-Way Engineering Services, Inc. a California corporation, hereinafter referred to
as “Contractor.”
RECITALS
City requires the services of a professional engineering and surveying Contractor
to provide the necessary studies, reports, cost estimates and general engineering and
surveying services for preparation of various engineering projects; District requires the
services of a professional engineering and surveying Contractor to provide the
necessary studies, reports, cost estimates and general engineering and surveying
services for preparation of various engineering projects; and Contractor possesses the
necessary skills and qualifications to provide the services required by the City and the
District;
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, City, District and Contractor agree as follows:
1 rev. 4/27/00
1. CONTRACTOR’!- BLIGATIONS
The Contractor shall provide professional engineering and surveying services as
requested by the City and the District including, but not limited to, project research,
surveying, mapping, project design and project management. Contractor shall provide
all equipment and standard reference materials necessary to perform said engineering
and surveying services.
2. CITY OBLIGATIONS
The City shall: Provide the Contractor with City standards and direction for
Contractor to perform the services as requested by the City.
The District shall: Provide the Contractor with District standards and direction for
Contractor to perform the services as requested by the District.
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 designee and be completed within dates
mutually agreed upon between the City of District and the Contractor for the individual
projects. 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 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.
rev. 4/27/00
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4. FEES TO BE PA,- r0 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 or the District shall prepare a Project Task Description and Fee Allotment
which, upon signature by the Contractor and the City Manager or the Public Works
Director as his designee, shall be considered a part of this agreement. The Project
Task Description and Fee Allotment shall include a detailed scope of services for the
particular project being considered and a statement of the Contractors fee to complete
the project in accordance with the specified scope of services. The Project Task
Description and Fee Allotment 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 one hundred thousand
($100,000) 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/Executive Manager may amend the Agreement to extend it for two
additional one (1) year periods or parts thereof in an amount not to exceed $100,000
per fiscal year. Extensions shall be based upon a review of Contractor’s performance;
City and District needs, and; appropriation of funds by the City Council/Executive
Board. The parties shall prepare a written amendment indicating the effective date and
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length of the extended c,. itract.
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
Not Applicable.
8. 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
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company or person, L.. ,er than a bona fide employek, 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 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. 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/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.
5 rev. 4/27/00
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This agreement .y be terminated by either party , /n 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
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 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 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
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be prevented to act as \ ,ontractor on any public work or in., Jvement 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. c&L ’ (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.
w (Initial) (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
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make any federal or sta - ax withholdings on behalf of the C .- ractor 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
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.
8 rev. 4/27/00
16. OWNERSHIP OI- XUMENTS
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,
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.
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SUBCONTRACT -i
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20.
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
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 INTEREST
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.
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22. VERBAL AGREI - ,NT OR CONVERSATION -
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.
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.
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.
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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 and the District’s policy for insurance as
stated in Resolution No. 772.
A. Coveraqes and Limits.
Contractor shall maintain the types of coverages and minimum limits
indicated herein, unless a lower amount is approved by the City Attorney/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.
rev. 4/27/00
3. war .s’ Compensation and Employ 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 $1,000,000 per claim. Coverage
shall be maintained for a period of five years following the date of completion of the
work.
B. Additional Provisions.
Contractor shall ensure that the policies of insurance required under this
agreement contain, or are endorsed to contain, the following provisions.
1. The City 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.
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5. If tt - - ,ontractor fails to maintain any 0 3 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/District and on behalf of the Contractor in connection
with the foregoing are as follows:
For City / District: Title PUBLIC WORKS DIRECTOR
Name LLOYD HUBBS
Address 1635 FARADAY AVENUE
CARLSBAD, CALIFORNIA 92008
For Contractor: Title F+?E.Ti DfN T Name CfC/L r!? . P YAL 5
Address %k&-n VCWDA m LA /-LA TA QG
UCEAN.C/L~F. PA, 4i?O% Architect/License Number: ~LS 399j
Architect/License Number:
2%. 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
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parties relating to the So ,xt matter hereof. Neither this agret, ,lent 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 27 ‘B day of oc 70~ FE ,200o .
CONTRACTOR:
RIGHT-OF-WAY ENGINEERING
SERVICES, INC., a California corporation
By
3- /L et-e RYAL’; , t?t?Fs1L7.F.ur (print name’knd title)
By:
(sign here)
(print name/title)
Architect/License Number
AlTEST:
&ii EW.,/&~
! ;CORRAINE M. w4500, City Clerk
JANICE BREITENFELD, DEPUTY CITY CLERK
CARLSBAD MUNICIPAL WATER DISTRICT,
a Public Agency organized under the
Municipal Water Act of 1911, and a
ATTEST:
LORRAINE M. &OOD, 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
rev. 4127100
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RIGHT-OF-WAY ENGINEERING SERVICES, INC.
SCHEDULE OF HOURLY MTES
DESCRIPTION
PRINCIPAL LAND SURVEYOR
OFFICE LAND SUR~YOR
2 PERSON SURVEY CREW
3 PERSON SURVEY CREW
2,PERSON GPS SURVEY CREW
3 PERSON GPS SURVEY CREW
COh4PUTER TECHNICIAN/DRAFTSMAN
HOURLY RATE
$ 90.00
85.00
142.50
197.50
157.50
225.00
70.00
_ _ _ _ ._ _
RESOLUTlONS ADOPTED BY UNANIMOUS WRITTEN CONSENT OF THE BOARD OF DIRECTORS OF
RIGHT-OF-WAY ENGINEERING SERVICES, INC, A California Corporation
The undersiyned, being all of the Directors of RIGHT-OF-WAY ENGINEERlNG SERVICES, INC., A California Corporation, by this
writing approve the following resolutions and consent to their
adoption:
WHEREAS, the Board of Directors of this Corporation desires to grant to the Officers of this Corporation, the power to execute
al 1 corporate instruments and documents, or to signs the corporate
name w.i thout limitation, each acting alone and without approval or
signature of any other corporate Officer. ,
I
NOW, THEREFOHE, BE IT RESOLVED, that CECIL E. RYALS is hereby authurizcd and directed lo act alone in signing any and all corporate dor:uments of any kind or nature, and/or related instruments, for the benefit of the Corporation, on such terms and condi t ions as CECIL E’. RYALS, in his sole discretion, deems
advisable and in the best interest of the Corporation.
This c01~ser~t is executed pursuant to subdivision (b) of Section 30’1 of the California Corporations Code, and is to be filed with the Minutes of Board proceedings.
Executed effective January 1, 1990.
Director
.
ACORD, CERTIFICA. L OF LIABILITY I N S U Ft ,N C &p2~w DA;;“;75;70
PRODUCER THIS CER ONLY ANI ‘IFICATE IS ISSUED AS A MATTER OF INFORMATION
Cavignac 8 Associates 1230 Columbia St., Suite 850 San Diego CA 92101-3547
Phone:619-234-6848 Fax:619-234-8601
I
CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. I INSURERS Af FORDING COVERAGE
INSURED INSURER A: St. Paul Fire a& Marine Ins. C
INSURER B: Associated International RIGHT-OF-WAY ENGINEERING SERVICES INSURER C:
4167 Avenida De La Plata, #114 Oceanside CA 92054 INSURER D:
I INSURER E:
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 CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONOlTlONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 6
A
-
A
-
-
A
-
-
B
iii3
TYPE OF INSURANCE
GENERAL LlABlLlTY
GEHL AGGREGATE LIMIT APPLIES PER:
AUTOMOBILE LIASILITY 1 ANY AUTO
ALL OWNED AUTOS
SCHEDULED AVTOS
GARAGE LlABklTY
ANY AUTO
EXCESS LlABlLlTY 1 OCCUR q ClAIMSMADE
WORKERS COMPENSATlON AND
EMPLOYERS’ LIABILITY
OTHER
Professional
Liability
RIPTIDN OF OPERATIONS/LOCATIONS
POLICY NUMBER
RPO6654144 Cr3/02/00
S-O- D-IBLL APPLIBS
RPO6654144 03/02/00
RPO6654144
AEP452043B
RCLES/EXCLUSlONS ADDED BY ENDORSEM
03/02/00
03/02/00
ITlSPEClAL PROVlSl
LIMITS
EACH OCCURRENCE a1,000,000
03/02/01 FlREDAMAGE(Anymefim) S INCLUDED
ME0 EXP (Any one psmn) S 5,000
PERSONAL 6 ADV INJURY s1,000,000
GENERAL AGGREGATE s2,000,000
PRODUCTS - COMPIOP AGG 5 2 , 0 0 0.0 0 0
COMBINED SINGLE LIMIT 03/02/01 maaideno s1,oooooo
03,02,Olb
z 03,02,01
IS *Professional Liability - Claim8 Made Form, Aggregate Limit Policy.Defense
Costs Included within Limit of Liability. Re: Carlsbad Water Reclamation
Facility. The Certificate Holder is Additional Insured a8 respects General
Liability per attached form. *lO day8 NOC for non-payment of premium.
City of Carlsbad and
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPlRATlO
DATE THEREOF, THE lSSUlNG INSURER WILL7 YAlL a DAYS WRlllEN
Carlsbad Municipal Water Dist. 1635 Faraday Ave Carlsbad CA 92008-4314
ACORD 25-S (7i97) OACORD CORPORATION
CERTIFICATE HOLDER 1 y ( ADOlTlONAL INSURED; INSURER LElTER: A CANCELLATlON -
PLAN. ERjDORSEMENT -
This endorsement changes your Package
Accounts For Commercial Enterprises
Protection.
3imlLdz Rigilt-of-way mgim3iq sen&zm Riticy: RPO66541 44
Hew Coverage Is Changed
There are several changes in your:
l General Rules;
l Property Protection;
l Blanket Employee Dishonesty Protection; and
l Commercial General Liability Protection.
General Rules
The following section is added. This change
limits our right to apply the Recovering Damages From A Third Party rule in the General Rules.
Waiver of rights of recovery. We won’t apply
the Recovering Damages From A Third Party rule when a work contract requires that thus rule not be applted. But we’ll do so only for payments we make because of coverea
Injury or aamagem rep done by or for you under tnat contract. And only if you enter into that contract before the injury or damage happens.
For other contracts you enter into, the Waiver Of Rights Of Recovery Endorsement may be added to this agreement. But we’ll
add that endorsement for a contract only
when we both agree- it should be added.
Work contract means a contract you enter
into for work to be done by or for you.
Property Protection
There are six changes which are explained
below.
1. The following section is added to the
first paragraph in the What This Agreement Covers section. This change
explains the limit of coverage that . applies to your property protection.
2.
3.
4
Blank! Property Protection
Your property protection applies on a blanket basis. The limit of coverage is
the combined total of your buildings,
business contents, and sign values shown on the location coverage summary.
The following replaces the first paragraph of the Money And Securities Coverage section. a
If you have business contents coverage, we’ll automatically cover your money and securities losses up to a limit of $70,000
inside and $5,000 outside unless money
and securities limits are shown in the Coverage Summary. If limits are shown in the Coverage Summary, they are in addition to these limits. This will be the
most we’ll pay for all covered loss or
damage caused by any one event, no matter how many locations are covered.
These limits are separate from your
business contents limit.
The following replaces the second paragraph of the Accounts Receivable
Coverage section.
We’ll automatically cover your accounts receivable loss up to $25,000. This is
the most we will pay for all covered
loss or damage caused by any one event. If a limit is shown in the Coverage
Summary, that limit is in addition to this limit. This limit is separate from your
business contents limit.
The following replaces the second
paragraph of the Valuable Records Coverage section.
We’ll automatically cover your valuable records up to $25,000 at each insured
location. This is the most we will pay for all covered loss or damage caused
by any one event, no matter how many
single items are lost or damaged. If a limit is shown in the Coverage Summary,
- .
PA045 Ed. lo-96 Printed in U.S.A. Endorsement oSt.PauI Fire and Marine Insurance Co.1996 All Rights Reserved
Retired persons. Your retired directors, Other Terms’
officers, employees, and individual
partners or owners are protected persons. All other terms of your policy remain the But only for covered injury or damage same. that results from services performed for you under your direct supervision.
3. The following replaces the first paragraph in the Other Insurance section. This
change explains how we’ll apply this agreement for an addmonal prozeCl!EU person reauires that this Insurance be primary.
This agreement is primary insurance. We’ll also consider this agreement to be _.- arimarv insurance for covked inrury or r . damage that results from your Go& for the additional protected person. We’ll
consider any other insurance maintained
by that additional protected person to be excess of and not contributory with this agreement. If there is any other valid and collectible insurance for injury or damage covered by this agreement, the
following applies. i
.:. . ;
PA045 Ed. lo-96 Printed in U.S.A. Endorsement
oSt.Paul Fire and Marine Insurance Co.1996 All Rights Reserved % Page 3 of 3 2
U STATE FARM GENERAL INSURANCt C;UMPANY, BloomlngIon, llllnOlS
jJ STATE FARMEIRE AND CASUALTY COMPANY, ScarboroughPntario
0 STATE FAR! ORIDA INSURANCE COMPANY, Winter Ha* Florida
0 STATE FARM ,LOYDS, Dallas, Texas
insures the following policyholder for the coverages indicated below:
Name of policyholder Right of way Engineering Services Inc.
Address of policyholder 4167 Avenida De La Plata, Suite 114, Oceanside, Ca. 92056-6029
Location of operations
Description of operations CARLSBAD WATER RECLAMATION FACILITY
The policies listed below have been issued to the policyholder for the policy periods shown. The insurance described in these policies is
subject to all the terms exclusions, and conditions of those policies. The limits of liability shown may have been reduced by any paid claims.
POLICY NUMBER
92-Bl-5464-16 ---_------------------------- This insurance includes:
92 KC 3951 7F
POLICY PERlOD
TYPE OF INSURANCE Effective Date i Expiration Date
Comprehensive
Business Liability I 04/01/00 ! 04/01/01 _-----____----_-_----------- _-______---___-_--L_________________ c] Products - Completed Operations
0 Contractual Liability q Underground Hazard Coverage
0 Personal Injury q Advertising Injury
0 Explosion Hazard Coverage q Collapse Hazard Coverage
q q
POLICY PERIOD EXCESS LIABILITY Effective Date j Expiration Date
[7 Umbrella
LIMITS OF LIABILITY
(at beginning of policy period)
BODILY INJURY AND
PROPERTY DAMAGE
Each Occurrence $1000000
General Aggregate $2000000
Products - Completed $
Operations Aggregate
BODILY INJURY AND PROPERTY DAMAGE
(Combined Single Limit)
Each Occurrence $
Aggregate $
Part 1 STATUTORY
Part 2 BODILY INJURY
Each Accident $1000,000
Disease Each Employee $1000,000
Disease - Policy Limit $1000,000
POLICY PERIOD LIMITS OF LIABILITY POLICY NUMBER TYPE OF INSURANCE Effective Date i Expiration Dab (at beginning of policy period)
941 6810 C28 75C AUTO 99 ACURA TL 09/28/99 : 03/28/01 1MM
993 0137 F12 75D AUTO 90 CIiEV PU 12/12/99 ; 12/12/00 1MM
928 9014 C 16 75 AUTO 91 FORD 09/16/99 ; 03/16/01 1MM
THE CERTIFICATE OF INSURANCE IS NOT A CONTRACT OF INSURANCE AND NEITHER AFFIRMATIVELY NOR NEGATIVELY
AMENDS, EXTENDS OR ALTERS THE COVERAGE APPROVED BY ANY POLICY DESCRIBED HEREIN. If any of the described policies are canceled before
Name and Address of Certificate Holder
City of Carlsbad and the Carlsbad Municipal Water Dist
1635 Faraday Avenue Carlsbad Ca. 92008-7314
CERTIFICATE HOLDER AS ADDITIONAL INSURED
Tile
Agent’s Cock Stamp
Date
568994 a.3 04-1999 Printed in U.SA.
AFO Code “x3 Ph*
AGREEMENT WITH -
MELCHIOR LAND SURVEYING, INC., FOR
PROFESSIONAL ENGINEERING AND SURVEYING SERVICES
THIS AGREEMENT is made and entered into as of the 2nd day of
February I 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
Melchior Land Surveying, Inc., a California corporation, hereinafter referred to as
“Contractor.”
RECITALS
City requires the services of a professional engineering and surveying Contractor
to provide the necessary studies, reports, cost estimates and general engineering and
surveying services for preparation of various engineering projects; District requires the
services of a professional engineering and surveying Contractor to provide the
necessary studies, reports, cost estimates and general engineering and surveying
services for preparation of various engineering projects; and Contractor possesses the
necessary skills and qualifications to provide the services required by the City and the
District;
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, City, District and Contractor agree as follows:
rev. 4/27/00
1. CONTRACTOR’, - BLIGATIONS
The Contractor shall provide professional engineering and surveying services as
requested by the City and the District including, but not limited to, project research,
surveying, mapping, project design and project management. Contractor shall provide
all equipment and standard reference materials necessary to perform said engineering
and surveying services.
2. CITY OBLIGATIONS
The City shall: Provide the Contractor with City standards and direction for
Contractor to perform the services as requested by the City.
The District shall: Provide the Contractor with District standards and direction for
Contractor to perform the services as requested by the District.
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 designee and be completed within dates
mutually agreed upon between the City of District and the Contractor for the individual
projects. 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 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.
2 rev. 4/27/00
-.
4. FEES TO BE PA,- 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 or the District shall prepare a Project Task Description and Fee Allotment
which, upon signature by the Contractor and the City Manager or the Public Works
Director as his designee, shall be considered a part of this agreement. The Project
Task Description and Fee Allotment shall include a detailed scope of services for the
particular project being considered and a statement of the Contractors fee to complete
the project in accordance with the specified scope of services. The Project Task
Description and Fee Allotment 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 one hundred thousand
($100,000) 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/Executive Manager may amend the Agreement to extend it for two
additional one (1) year periods or parts thereof in an amount not to exceed $100,000
per fiscal year. Extensions shall be based upon a review of Contractor’s performance;
City and District needs, and; appropriation of funds by the City Council/Executive
Board. The parties shall prepare a written amendment indicating the effective date and
3 rev. 4127100
length of the extended cti,rtract.
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
Not Applicable.
8. 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
4 rev. 4/27/00
company or person, L,,ler 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 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.
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/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.
rev. 4127100
This agreement -’ y be terminated by either party -,n 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
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 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 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
6 rev. 4127100
be prevented to act as L Jontractor on any public work or in+.ovement 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. QP/(lnitial) J&nitial)
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 refer rice.
Q!/Ct(lnitial) &[nitial)
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.
rev. 4/27/00
The Contractor i. .I independent Contractor of the ( 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
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.
8 rev. 4/27/00
The City or the trict will provide copies of the ap, /ed 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,
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.
rev. 4/27/00
19. ASSIGNMENT 0 -jONTRACT
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
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 INTEREST
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
10 rev. 4/27/00
-
connection with the p6 .-mance of this contract shall be1 re 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 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.
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.
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.
11 rev. 4/27/00
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 and the District’s policy for insurance as
stated in Resolution No. 772.
A. Coveraqes and Limits.
Contractor shall maintain the types of coverages and minimum limits
indicated herein, unless a lower amount is approved by the City Attorney/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.
12 rev. 4/27/00
3. wo- 1s’ Compensation and Employ , 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 $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 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
13 rev. 4/27/00
may purchase replace, it insurance or pay the premium: ‘at 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/District and on behalf of the Contractor in connection
with the foregoing are as follows:
For City / District: Title
Name
Address
For Contractor: Title
Name
Address
Architect/License Number:
Architect/License Number:
28. BUSINESS LICENSE
PUBLIC WORKS DIRECTOR
LLOYD HUBBS
1635 FARADAY AVENUE
CARLSBAD, CALIFORNIA 92008
President
Douslas R. Melchior
5731 Palmer Way Suite G
Carlsbad, California 92008-7247
Land Surveyor P.L.S. #4611
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
14 rev. 4127100
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hereof may be amends modified, waived or discharged 6 jpt 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:
MELCHIOR LAND SURVEYING, INC., a
day of
Douglas R. Melchior, President
(print name and title)
&A G (sign here) f eputy City Clerk
Susan G. Melchior, Secretary
(print name/title) CARLSBAD MUNICIPAL WATER DISTRICT, a Public Agency organized under the
MuniciDal Water Act of 1911. and a
Land Surveyour P.L.S. #4611
Architect/License Number
.
(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.)
BY
15 rev. 4/27/00
FEES FOR PROFESSIONAL
LAND SURVEYING SERVi
Rates Effective Through October 1,ZOOl
. One Man Crew------------------- __________L________________
Two Ma Crew--------- --- - ---- ----+- ----_-----
The gm Crews-----------_-u_____--__ -_
Principal Professional Land Surveyor------------------------
* Expert Witness - Court Testimony
Associate Professional Land Surveyor------------------------
Draftsman------------------ --_ ---- ---_-- -_-_- --
Computer Operator --------------------_______I____________-
Travel The _ Two Ma Crew----- _-- - ---_----_-_
Travel Tie - Three Man Crew -----_-------L------________I__
Secretarial Services ------~----------------------------------
H& Delivery------;- ____-_____________________ - __-_-_ -_-
Over Time Fee i After 8 Hours and Reg. Saturday
- After 8 Hours Saturday and Sunday
Bluelines - Stan&& @ Sheet ) ----- - -_-_------_--
Ov&zed -------- --- - ---_ - --_ - _-__ - -_-
Sepias - Standard (D Sheet) -----_-------------------------------
or Xerox Vellum
&ers&&------ -_---_ - ____________________________
Overnight UPS (Drop Box)
(Letter) 1 lb .-------------------___I______________
(Letter) 2 lb ______________________________________
.CS
$ 94.00 per hour
$ 150.00 per hour
$ 205.00 per hour
$ 120,OO per hour
$ 195.00 per hour
$ 100.00 per hour
$ 80.00 per hour
$ 80.00 per hour
$ 94.00 per hour
$138.00 per hour
$ 32.00 per hour
$ 30.00 per hour
Time and Half
Double Time
$ 3.75 per sheet
$ 5.25 per sheet
$ 8.00 per sheet
$ 12.50 per sheet
$ 17.75
$ 18.25
CALIFORNIA ALL-PetPOSE ACKNOWLEDGMENT
State of California
County of
, before rne,d&tG md 5 IfA-ri,doh,- Nmm pO!u(
Name and We of Dfficer (e.g.. ‘Jane Doe. Notary Public”)
personally appearedxw e mutmt- 5el& f5 l/heu-y~~
Name(s) of Signer(s)
0 personally known to me
proved to me on the basis of satisfactory
acted, executed the instrument.
Place Notary Seal Above
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 Attache
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
0 Individual
0 Corporate Officer - Title(s):
0 Partner - 0 Limited Cl General
0 Attorney in Fact
0 Trustee
0 Guardian or Conservator
q Other:
Signer Is Representing W-W-J- ,
Top of thumb here
0 1999 National Notary Assoaation - 9350 De Solo Ave P.0 Box 2402 - Chatswwth CA 91313-2402 * www.nationalrola~.org Prod. No. 5907 Rc3xder: call Toll-Free 14co-87&6927
-
NOT TRANSFERABLE. _ : ,. , (8 :;? __ -.;:j .F ;j ,,:” .‘. ;, ,‘. “.’ ,&ST fN’CONSPICU0U.S PLACE
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‘09i12/2000 z : * ort@tde i net an endwrmmt. ~‘intmaiicn d ompm *h Qmm ?JmMmKes e hk. .Th” lixlae b bsMd mkmod varienmn Ihd tll* Pchfrii is rLb@a tsljr em* hull ucen$y.@y Ill* SW* q%lfc+ : ^, .1_
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-., __ _ .,. “’ _ _ .’
8’ tt&i~G AQ&ESS‘. ; 5731 PAUkR WAY kTE i; ^ ’ *
CtTY J&D SfkTE .:.” @R&33AD CA, !@0~?24?’ ’ :, . ,‘. <’ -: ,‘,,,i 1 ”
. . .
: ;; ./‘ .. &XPlkb;rldN DATE ’ .’ _, ‘_ 1 “;- : 10,/3u2001 , ,_ . ..- * .*
ACGRD. CERTIFICA:E OF LIABILITY INSUI-~~NC&E, ( .
DATE (MMIDDMY)
03/15/00
PRODUCER THIS CERTIFICATE IS ISSUED AS A MAITER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFI ICATE DOES NOT AMEND, EXTEND OR Cavignac 5 Associates 1230 Columbia St., Suite 850 @an Diego CA 92101-3547
;one:619-234-6848 Fax:619-234-8601
ALTER THE COVERAGE AFFORDED BY THE POilClES BELOW.
INSURERS AFFORDING COVERAGE
I INSURED INSURER A: St. Paul Fire 5 Marine Ins. Co I
Melchior Land Surv&Egk Inc.
I PnucDA~EC
INSURER I): Safeco Insurance Company
INSURER c: American Motorists Ins. Co.
INSURER D: Design Professionals Ins. Co.
INSURER E
THE PWCIES OF INSURANCE USTEO BELOW RAVE BEEN ISSUED To THE INSURED NAYED ABGVE FGR THE POLICY PERIOD INDICATED. NOTWllHSTANMNG
ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUUENT WITH REBFECTTO WHK% THIS CERllFlCATE MAY BE ISSUED OR
MAY PERTAIN, ME INSURANCE AFFORDED BY THE POLICIES DESCWBED HEREIN IS SUBJECT TO AU THE TERMS, EXCLUStGNS AND CONDl?lONS OF SUCH
POLICIES. AGGREGATE UYITS SHOWN MAY RAVE BEEN REDUCED BY PAID CWUS.
EA81462601
ALL OWNED AUTOS
SCHEDULED AUTOS
NON-OWNED AUTOS
OTHER THAN
CLI\IMS MADE
EMPLOYERS’ LIABILITY
7CW305207-02
AEE0300759 $1,000,000
*Professional Liability - Claims Made Form, Aggregate Limit Policy. Defense
Zests Included within Limit of Liability. RE: ALL OPERATIONS. CERTIFICATE
HOLDER IS NAMED AS ADDITIONAL INSURED AS RESPECTS TO GENERAL LIABILITY PER
RTTACHED FORM PA045. '10 DAYS NOTICE FOR NON-PAYMENT OF PRXbQU&l.
-Cr%)tlCmC. tC "A1 ncs .* ---.- -_.-. ._ .-..- - . ..-..---. -- w e..m#.C. * .-*a.. LET\ I W-lUA I E ““LYEn ! 1 , A”Df”“NIIL Ims”RELl: INsufuR LczlTER: A CIANbCLLA I IUN
I
-
CAEtLS-6 1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE 1 I I EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL I I -.. I *-ha - ~~- A --au I- DAYS WRilTEN NOTlCE TO DER NAMED TO THE
CITY OF CARLSBAD LER. BUT FAILURE TO DO SO -DON OR LIABIUTY OF
2075 LAS PALMAS DRIVE
cARLsEAo, CA 92009
ACORD 25; (7197)
ANY KIND UPON THE INSURER, I
Jeffrey W.
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‘h”smul P.LAN. ENDORSEMENT
‘.. This endorsement changes your Package
Accounts For Commercial -Enterprises
‘i Protection.
Melchior Land Surveying, Inca.
Policy #RPO6644043
How Coverage Is Changed ..:
There are several changes in your:
l General Rules;
l Property Protection;
l Blanket Employee Dishonesty Protection;
and
l Commercial General Liability Protection.
General Rules
The following section is added. This change
limits our right to apply the Recovering
Damages From A Third Party rule in the
General Rules.
For other contracts you enter into, the
Waiver Of Rights Of Recovery Endorsement
may be added to this agreement. But we’ll
add that endorsement for a contract only
when we both agree it should be added.
Work contract means a contract you enter
into for work to be done by or for you.
Property Protection
There are six changes which are explained
below.
1. The following section is added to the
firs1 paragraph in the What This
Agreement Covers section. This change
exolains the limit of coverage that
applies to your prooerry protefxion.
2
3.
4.
Blanket Property Protection
Your property protection applies on a
blanket basis. The limit of coverage is
the combined total of your buildings,
business contents, and sign values shown on the location coverage summary.
The following replaces the first paragraph
of the Money And Securities Coverage
section.
If you have business contents coverage,
we’ll automatically cover your money and
securities losses up to a limit of $10,000
inside and $5,000 outside unless money
and securities limits are shown in the
Coverage Summary. If limits are shown
in the Coverage Summary, they are in
addition to these limits. This will be the
most we’ll pay for all covered loss or
damage caused by any one event, no
matter how many locations are covered.
These limits are separate from your
business contents limit.
The following replaces the second
paragraph of the Accounts Receivable
Coverage section.
We’ll automatically cover your accounts
receivable loss up to $25,000. This is
the most we will pay for all covered
loss or damage caused by any one event.
If a limit is shown in the Coverage
Summary, that limit is in addition to this
limit. This limit is separate from your
business contents limit.
The following replaces the second
paragraph of the Valuable Records
Coverage section.
We’ll automatically cover your valuable
records up to $25.000 at each insured
location. This is the most we will pay
for all covered loss or damage caused
by any one event, no matter how many
single items are lost or damaged. If a
limit is shown in the Coverage Summary,
PA045 Ed. 10-36 Printed in U.S.A. Endorsement
@St.Paui Fire and ‘Vlar!ne Insurance Co.1996 All Rights Reserved Paoe 1 of 3
“. t
3.
Retired persons Your retired directors,
officers, employees, and individual partners or owners are protected persons. But only for covered injury or damage that results from services performed for you under your direct supervision.
The following replaces the first paragraph in the Other Insurance section.
consider any otner Insurance maintained by that additional protected person to be excess of and not contributory with this agreement. If there is any other valid
and collectible insurance for injury or damage covered by this agreement, the following applies.
&her Terms
All other terms of your policy remain the
same.
PA045 Ed. lo-96 Printed in U.S.A. Endorsement -e- n-..t I-~_ --A “a--:-- I- -..-- --^ P- .nme .#I -*-LA- --