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HomeMy WebLinkAbout2001-01-09; City Council; 16020; Professional Engineering & Surveying Services. . p 2 2 a, fz 0 Y 8 k u 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: 1. 2. 3. 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. 2 1 2 3 4 5 6 7 6 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 2 3 4 5 6 7 8 9 10 11 12 13 14 15 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) 16 17 18 19 20 21 22 23 24 25 26 27 26 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. - 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 - 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 3 rev. 4/27/00 9 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 4 rev. 4/27/00 -_ 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 /I 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. 4/27100 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 7 rev. 4/27/00 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. 9 rev. 4/27/00 SUBCONTRACT -i _,- 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. 10 rev. 4/27/00 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. 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-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. 13 rev. 4/27/00 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 14 rev. 4/27/00 .- 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 -. 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 - 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 BUS, NU-ER - Ct~s,X,C~Rl+B~D i ..” ,. y-&log :, -. i,j .i’ : BIJSINESQ RE@R@M ~+-&Ic~TE~ : ‘. .1 y ‘_ ,~ + .c . . . DATE F&IO ’ : $I. &. em or dpo”* nm&’ tld&,lS fJdnfe,i wr b&.s¶ OIRm& pu& to & p&liar of th+ city B ui**ll l.icenre oiSna&CO Nl&Bp 19 sanyoa orcpMui c@m bmT** trade. calno Pmkrdw) u”bti0rr.x os.mwtlardescnbd bubw IDuIKcor!h. ‘09i12/2000 z : * ort@tde i net an endwrmmt. ~‘intmaiicn d ompm *h Qmm ?JmMmKes e hk. .Th” lixlae b bsMd mkmod varienmn Ihd tll* Pchfrii is rLb@a tsljr em* hull ucen$y.@y Ill* SW* q%lfc+ : ^, .1_ ~.: . ,& GohE )~ i” _( -I--~,~,.~scRIp;io~.‘.- -_, : “ , )” ,: .,; ! _~ .:_ a:_. :, : 1 _ BJSINESS LOCATION -., __ _ .,. “’ _ _ .’ 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. .- ‘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- --