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HomeMy WebLinkAboutWallwork, Michael; 2023-10-23; PSA24-2313TRANPSA24-2313TRAN City Attorney Approved Version 5/25/2023 Page 1 AGREEMENT FOR KELLY AND PARK DRIVE INTERSECTION SERVICES MICHAEL WALLWORK THIS AGREEMENT is made and entered into as of the ______________ day of ___________________, 2023, by and between the City of Carlsbad, California, a municipal corporation ("City") and Michael Wallwork, Roundabout Expert, a sole proprietorship ("Contractor”). RECITALS City requires the professional services of a transportation engineering consultant that is experienced in transportation engineering services. Contractor has the necessary experience in providing these professional services, has submitted a proposal to City and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (the “Services”) that are defined in Exhibit “A”, attached and incorporated by this reference in accordance with the terms and conditions set forth in this Agreement. 2. TERM This Agreement will be effective for a period of one (1) year(s) from the date first above written. 3. COMPENSATION The total fee payable for the Services to be performed shall not exceed four thousand three hundred seventy-five dollars ($4,375). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. 4. CONSTRUCTION MANAGEMENT SOFTWARE Procore Project Management and Collaboration System. This project may utilize the Owner’s Procore (www.procore.com) online project management and document control platform. The intent of utilizing Procore is to reduce cost and schedule risk, improve quality and safety, and maintain a healthy team dynamic by improving information flow, reducing non-productive activities, reducing rework and decreasing turnaround times. The Contractor is required to create a free web-based Procore user account(s) and utilize web-based training / tutorials (as needed) to become familiar with the system. Unless the Engineer approves otherwise, the Contractor shall process all project documents through Procore because this platform will be used to submit, track, distribute and collaborate on project. If unfamiliar or not otherwise trained with Procore, Contractor and applicable team members shall complete a free training certification course located at http://learn.procore.com/procore-certification- subcontractor. The Contractor is responsible for attaining their own Procore support, as needed, either through the online training or reaching out to the Procore support team. It will be the responsibility of the Contractor to regularly check Procore and review updated documents as they are added. There will be no cost to the Contractor for use of Procore. It is recommended that the Contractor provide mobile access for Windows, iOS located at https://apps.apple.com/us/app/procore-construction-management/id374930542 or Android devices DocuSign Envelope ID: 9A2E966E-2BA4-4319-AE9A-E009ACFC1CAE October 23rd PSA24-2313TRAN City Attorney Approved Version 5/25/2023 Page 2 located at https://play.google.com/store/apps/details?id=com.procore.activities with the Procore App installed to at least one on-site individual to provide real-time access to current posted drawings, specifications, RFIs, submittals, schedules, change orders, project documents, as well as any deficient observations or punch list items. Providing mobile access will improve communication, efficiency, and productivity for all parties. The use of Procore for project management does not relieve the contractor of any other requirements as may be specified in the contract documents. 5. STATUS OF CONTRACTOR Contractor will perform the Services as an independent contractor and in pursuit of Contractor’s independent calling, and not as an employee of City. Contractor will be under the control of City only as to the results to be accomplished. 6. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorney’s fees arising out of the performance of the work described herein caused by any negligence, recklessness, or willful misconduct 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. The parties expressly agree that any payment, attorney’s fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City’s self-administered workers’ compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. 7. INSURANCE Contractor will obtain and maintain policies of commercial general liability insurance, automobile liability insurance, a combined policy of workers' compensation, employers liability insurance, and professional liability insurance from an insurance company authorized to transact the business of insurance in the State of California which has a current Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer on the State of California’s List of Approved Surplus Line Insurers (LASLI) with a rating in the latest Best’s Key Rating Guide of at least “A:X”; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report, in an amount of not less than one million dollars ($1,000,000) each, unless otherwise authorized and approved by the Risk Manager or the City Manager. Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. The insurance will be in force during the life of this Agreement and will not be canceled without thirty (30) days prior written notice to the City by certified mail. City will be named as an additional insured on General Liability which shall provide primary coverage to the City. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. Contractor will furnish certificates of insurance to the Contract Department, with endorsements to City prior to City’s execution of this Agreement. 8. NOTICES The name of the persons who are authorized to give written notice or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. DocuSign Envelope ID: 9A2E966E-2BA4-4319-AE9A-E009ACFC1CAE PSA24-2313TRAN City Attorney Approved Version 5/25/2023 Page 3 For City For Contractor Name Brandon Miles Name Michael Wallwork Title Associate Engineer Title Project Manager Department Public Works Address 1516 Plainfield Avenue City of Carlsbad Orange Park, FL Address 1635 Faraday Ave Phone No. 904-710-2150 Carlsbad, CA 92008 Email mjwallwork@me.com Phone No. 442-339-2745 Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. 9. CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report investments or interests as required in the City of Carlsbad Conflict of Interest Code. Yes ☐ No ☒ 10. COMPLIANCE WITH LAWS Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment and will obtain and maintain a City of Carlsbad Business License for the term of this Agreement. 11. TERMINATION City or Contractor may terminate this Agreement at any time after a discussion, and written notice to the other party. City will pay Contractor's costs for services delivered up to the time of termination, if the services have been delivered in accordance with the Agreement. 12. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees it may be subject to civil penalties for the filing of false claims as set forth in the California False Claims Act, Government Code sections 12650, et seq., and Carlsbad Municipal Code Sections 3.32.025, et seq. Contractor further acknowledges that debarment by another jurisdiction is grounds for the City of Carlsbad to terminate this Agreement. 13. JURISDICTIONS AND VENUE Contractor agrees and stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this Agreement is the State Superior Court, San Diego County, California. 14. ASSIGNMENT Contractor may assign neither this Agreement nor any part of it, nor any monies due or to become due under it, without the prior written consent of City. DocuSign Envelope ID: 9A2E966E-2BA4-4319-AE9A-E009ACFC1CAE PSA24-2313TRAN City Attorney Approved Version 5/25/2023 Page 4 15. AMENDMENTS This Agreement may be amended by mutual consent of City and Contractor. Any amendment will be in writing, signed by both parties, with a statement of estimated changes in charges or time schedule. 16. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. CONTRACTOR MICHAEL WALLWORK, ROUNDABOUT EXPERT, a sole proprietorship CITY OF CARLSBAD, a municipal corporation of the State of California By: By: (sign here) Paz Gomez, Deputy City Manager, Public Works, as authorized by the City Manager Michael Wallwork, Owner (print name/title) By: (sign here) (print name/title) If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups: Group A. Group B. Chairman, Secretary, President, or Assistant Secretary, Vice-President CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CINDIE K. McMAHON, City Attorney By: Deputy City Attorney DocuSign Envelope ID: 9A2E966E-2BA4-4319-AE9A-E009ACFC1CAE PSA24-2313TRAN City Attorney Approved Version 5/25/2023 Page 5 EXHIBIT “A” SCOPE OF SERVICES DocuSign Envelope ID: 9A2E966E-2BA4-4319-AE9A-E009ACFC1CAE Michael Wallwork, Roundabout Expert 1516 Plainfield Avenue, Orange Park, Florida 32073 904-710-2150, Email: mjwallwork@me.com September 14, 2023 Brandon Miles, PE, TE, QSD Associate Engineer Public Works Branch Transportation Engineering City of Carlsbad 1635 Faraday Ave. Carlsbad, CA 92008 RE: Kelly Drive at Park Drive - Review/revise concept plan and prepare notes for public discussion related to the performance of roundabouts and Stop control. Dear Brandon, I am pleased to submit this proposal to undertake the following scope of services. SCOPE OF SERVICES 1.Review proposed intersection control options, Stop Control and a one-lane roundabout and pre- pare notes for discussion that include: a.A capacity analyses for both options to compare operation efficiency. b.Review both control options for safety performance c.Prepare a revised conceptual layout of a roundabout using AutoTURN and speed checks and the defined largest vehicle for each movement. MATERIALS TO BE PROVIDED 1.Peak hour fully directional traffic counts including school start and finish. 2.Base file with right-of-way etc., AutoCAD, if possible, if not available a layout can be done on the scaled drawing of the intersection. 3.Design vehicles for each movement. DELIVERABLES 1.Discussion notes covering the alternate control options, safety, and operation. 2.A modified conceptual layout for consideration. 3.AutoCAD files with technical memo. 1 DocuSign Envelope ID: 9A2E966E-2BA4-4319-AE9A-E009ACFC1CAE ~.'----------" ,. PROFESSIONAL FEES: Additional work is invoiced at $175.00 per hour. If the above scope of work and fees meet with your approval, please indicate your acceptance of this agreement by printing two copies, signing in the space provided and returning one copy to this office for our records. Sincerely, Michael J. Wallwork Hours Rate Fee 1 Intersection performance analysis 1 $175.00 $175.00 2 Revised roundabout layout 13 $175.00 $2,275.00 3 Discussion notes 10 $175.00 $1,750.00 5 Liaison 1 $175.00 $175.00 10 Total $4,375.00 2 DocuSign Envelope ID: 9A2E966E-2BA4-4319-AE9A-E009ACFC1CAE INSR ADDLSUBRLTRINSR WVD DATE (MM/DD/YYYY) PRODUCER CONTACTNAME: FAXPHONE(A/C, No):(A/C, No, Ext): E-MAILADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY) (MM/DD/YYYY) COMMERCIAL GENERAL LIABILITY AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE INSURER(S) AFFORDING COVERAGE NAIC # Y / N N / A (Mandatory in NH) ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED? EACH OCCURRENCE $ DAMAGE TO RENTED $PREMISES (Ea occurrence)CLAIMS-MADE OCCUR MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ $ PRO- OTHER: LOCJECT COMBINED SINGLE LIMIT $(Ea accident) BODILY INJURY (Per person) $ANY AUTO OWNED SCHEDULED BODILY INJURY (Per accident) $AUTOS ONLY AUTOS AUTOS ONLYHIRED PROPERTY DAMAGE $AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE $ CLAIMS-MADE AGGREGATE $ DED RETENTION $$ PER OTH- STATUTE ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMIT $DESCRIPTION OF OPERATIONS below POLICY NON-OWNED SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT 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 CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORDACORD 25 (2016/03) ACORDTM CERTIFICATE OF LIABILITY INSURANCE Phoenix Insurance Company XL Specialty Insurance Company 9/28/2023 USI Insurance Services, LLC 2502 N Rocky Point Drive Suite 400 Tampa, FL 33607 Linda Marini TeamAECertificate@usi.com Michael Wallwork/Roundabout Expert 1516 Plainfield Avenue Orange Park, FL 32073-3925 25623 37885 A X X X X X 6606486N555 03/10/2023 03/10/2024 1,000,000 1,000,000 10,000 1,000,000 2,000,000 2,000,000 A X X X X 6606486N555 03/10/2023 03/10/2024 1,000,000 B Professional Liability DPS9990848 03/10/2022 03/10/2024 $1,000,000 per claim $1,000,000 annl aggr. Professional Liability coverage is written on a claims-made basis. City of Carlsbad 1635 Faraday Ave. Carlsbad, CA 92008 1 of 1 #S42071487/M39222801 ALTERSTRClient#: 1048410 SWGZP 1 of 1 #S42071487/M39222801 I I f--D □ f-- f-- f-- Fl □ □ f-- f--- f--- f--- f--H I I I I I □ ~ -I This page has been left blank intentionally.