HomeMy WebLinkAbout1996-11-05; City Council; Resolution 96-366U'
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RESOLUTION NO. 96-366
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING A CONSULTANT AGREEMENT WITH THE
FIRM OF MARTIN 8t DUNN, INC., FOR THE BRIDGE INSPECTION
PROJECT.NO. 3219.
WHEREAS, the City Council of the City of Carlsbad, California has deterr
that it is desirable and necessary to approve an agreement between the C
Carlsbad and the consulting firm of Martin, & Dunn, Inc. for the bridge inspt
services of the La Costa Avenue and 1-5 Interchange Project; and
SERVICES OF THE LACOSTA AVENUE AND 1-5 INTERCHANGE,
WHEREAS, bridge inspection services are needed to proceed witt
construction of the La Costa Avenue and 1-5 Interchange.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the C
Carlsbad, California, as follows:
1. That the above recitations are true and correct.
2. That agreement, attached hereto and made a part hereof, is hl
approved.
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3. That following the Mayor's signature of said Agreement, the City Cle
authorized and directed to forward executed copies of said amendment to the
Engineer and Martin, & Dunn, Inc.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbac
, 1996 by the following vote, tc Council held on the 5th day Of NOVEMBER
AYES:
NOES: None
ABSENT: None
Council Members Lewis , Nygaard, Kulchin, Finnila, Hall
ATTEST:
kf!THA~kAUT&KRANZ, City Clerk (SEAL)
KAREN R. KUNDTZ, Assistant City Clerk
Exhibit '2 0 0 ..
I
AGREEMENT FOR
BRIDGE INSPECTION SERVICES
LA COSTA AVENUWIS INTERCHANGE WIDENING
PROJECT NO. 3219
THIS AGREEMENT, made and entered into as of the day of I
19,, by and between the CITY OF CARLSBAD, a municipal corporation, hereinafter
referred to as "City", and MARTIN & DUNN, INC., hereinafter referred to as
"Contractor."
RECITALS
City requires the services of an Engineering Contractor to provide the necessary
bridge inspection services for preparation of reports and observation of construction for
Project No. 321 9, La Costall-5 Interchange Widening; and Contractor possesses the
necessary skills and qualifications to provide the services required by the City;
NOW, THEREFORE, in consideration of these recitals and the mutual
covenants contained herein, City and Contractor agree as follows:
I. CONTRACTORS OBLIGATIONS
Contractor shall provide one bridge inspector equipped with State of California
Department of Transportation, hereinafter referred to as "CALTRANS", Standard Plans
and Standard Specifications appropriate to Project No. 3219, hand tools customary to
an inspector and a pick-up truck in good running condition equipped with a flashing
beacon. The bridge inspector shall be Mr. Frank Sostrom or such person as City and
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Contractor shall mutually designate. Contractor shall provide two weeks written notice
to City prior to any proposed substitution of the bridge inspector. The bridge inspector
shall be the employee of the Contractor. Contractor shall pay all wages, insurances,
taxes, or levies that are, or may be required by State or Federal agencies. Contractor
shall provide all overhead support and services, including but not limited to,
supervision, training, and quality control for the bridge inspector as a part of the
incremental payment rate. The duties of the bridge inspector shall consist of:
Under direction and supervision of Caltrans,
0 Inspection: Make engineering inspections, enforce compliance with plans
and specifications (Caltrans Construction Manual), lead lower level
engineering and technical personnel performing inspection.
0 Materials Control: Sample and prepare samples for storage and
transport. Perform routine testing using CALTRANS-supplied testing
equipment and review lab test results for conformance with the plans and
specifications.
Communications: Prepare contract change orders and estimates therefor.
Prepare and maintain daily and summary reports of construction progress
and all other record documents and reports involved in the construction of
the project. Copies of all correspondence, records of communications
and reports generated by the Contractor shall be delivered to City within
one week of preparation. The form and format of all such
correspondence shall conform to CALTRANS standards and/or
procedures.
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The bridge inspector shall not:
Engage in activities which require registration as a professional engineer
unless under the direct, on-site supervision of a registered civil engineer.
0 Communicate with news media. All such requests for communication
shall be directed to the CALTRANS resident engineer.
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0 Perform primary surveying used to establish the horizontal or vertical
position of bridge or roadway improvements unless performed under the
direct and on-site supervision of an individual registered or licensed by
the State of California to do such surveying.
Install, move, or adjust the location of traffic control devices except as
necessary to personally obtain site access.
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2. CITY OBLIGATIONS
The City shall:
0 Coordinate the approval by CALTRANS of such bridge inspector
candidates as the Contractor may propose.
Provide a copy of the Plans and Special Provisions for Project No. 3219.
Provide copy service for copies of reports, diaries, or other record data
produced by the bridge inspector that are delivered to the City and to
CALTRANS.
3. PROGRESS AND COMPLETION
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The work under this contract will begin within ten (10) days after receipt of
notification to proceed by the City and be completed within 550 calendar days of that
date. Extensions of time may be granted if requested by the Contractor and agreed to
in writing by the City Engineer. The City Engineer will give allowance for documented
and substantiated unforeseeable and unavoidable delays not caused by a lack of
foresight on the part of the Contractor, or delays caused by City inaction or other
agencies' lack of timely action.
4.
The fees payable for the services to be performed shall be on an hourly basis
and shall be at $69.00/hour. No other compensation for services will be allowed except
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FEES TO BE PAID TO CONTRACTOR
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those items covered by supplemental agreements per Paragraph 8, "Changes in
Work." The City reserves the right to withhold a ten percent (10%) retention until the
project has been accepted by the City.
Incremental payments will be made as outlined in attached Exhibit "A."
5. DURATION OF CONTRACT
This agreement shall extend for a period of 18 months from date thereof. The
contract may be extended by the City Manager for two (2) additional one (1) year
periods or parts thereof, based upon a review of satisfactory performance and the
City's needs. The parties shall prepare extensions in writing indicating effective date
and length of the extended contract.
6. PAYMENT OF FEES
Payment of approved items on the invoice shall be mailed to the Contractor
within 30 days of receipt of the invoice.
7. FINAL SUBMISSIONS
Within thirty (30) days of completion and approval of the City Engineer, the
Contractor shall deliver to the City the following items: Copies of all reports, diaries,
survey notes, correspondence, and all other records and communications generated in
the course of the work that have not been previously delivered to the City Engineer.
8. CHANGES IN WORK
If, in the course of the contract, changes seem merited by the Contractor or the
City, and informal consultations with the other party indicate that a change in the
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conditions of the contract is warranted, the Contractor or the City may request a change
in contract. Such changes shall be processed by the City in the following manner: A
letter outlining the required changes shall be forwarded to the City by Contractor to
inform them of the proposed changes along with a statement of estimated changes in
charges or time schedule. A Standard Amendment to Agreement shall be prepared by
the City and approved by the City according to the procedures described in Carlsbad
Municipal Code Section 3.28.172. Such Amendment to Agreement shall not render
ineffective or invalidate unaffected portions of the agreement.
9. COVENANTS AGAINST CONTINGENT FEES
The Contractor warrants that their firm has not employed or retained any
company or person, other than a bona fide employee working for the Contractor, to
solicit or secure this agreement, and that Contractor has not paid or agreed to pay any
company or person, other than a bona fide employee, any fee, commission,
percentage, brokerage fee, gift, or any other consideration contingent upon, or
resulting from, the award or making of this agreement. For breach or violation of this
warranty, the City shall have the right to annul this agreement without liability, or, in its
discretion, to deduct from the agreement price or consideration, or othetwise recover,
the full amount of such fee, commission, percentage, brokerage fees, gift, or contingent
fee.
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IO. NONDISCRIMINATION CLAUSE
The Contractor shall comply with the state and federal laws regarding
nondiscrimination.
1 I. TERMINATION OF CONTRACT
In the event of the Contractor's failure to prosecute, deliver, or perform the work
as provided for in this contract, the City Manager may terminate this contract for
nonperformance by notifying the Contractor by certified mail of the termination of the
Contractor. The Contractor, thereupon, has five (5) working days to deliver said
documents owned by the City and all work in progress to the City Engineer. The City
Engineer shall make a determination of fact based upon the documents delivered to
City of the percentage of work which the Contractor has performed which is usable and
of worth to the City in having the contract completed. Based upon that finding as
reported to the City Manager, the Manager shall determine the final payment of the
contract.
This agreement may be terminated by either party upon tendering thirty (30)
days written notice to the other party. In the event of such suspension or termination,
upon request of the City, the Contractor shall assemble the work product and put same
in order for proper filing and closing and deliver said product to City. In the event of
termination, the Contractor shall be paid for work performed to the termination date;
however, the total shall not exceed the lump sum fee payable under paragraph 4. The
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City Manager shall make the final determination as to the portions of tasks completed
and the compensation to be made.
12. DISPUTES
If a dispute should arise regarding the performance of work under this
agreement, the following procedure shall be used to resolve any question of fact or
interpretation not otherwise settled by agreement between parties. Such questions, if
they become identified as a part of a dispute among persons operating under the
provisions of this contract, shall be reduced to writing by the principal of the Contractor
or the City Engineer. A copy of such documented dispute shall be forwarded to both
parties involved along with recommended methods of resolution which would be of
benefit to both parties. The City Engineer or principal receiving the letter shall reply to
the letter along with a recommended method of resolution within ten (IO) days. If the
resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the
dispute shall be forwarded to the City Council for their resolution through the Office of
the City Manager. The City Council may then opt to consider the directed solution to
the problem. In such cases, the action of the City Council shall be binding upon the
parties involved, although nothing in this procedure shall prohibit the parties seeking
remedies available to them at law.
13. CLAIMS AND LAWSUITS
The Contractor agrees that any contract claim submitted to the City must be
asserted as part of the contract process as set forth in this agreement and not in
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anticipation of litigation or in conjunction with litigation. The Contractor acknowledges
that if a false claim is submitted to the City, it may be considered fraud and the
Contractor may be subject to criminal prosecution. The Contractor acknowledges that
California Government Code sections 12650 et sea., the False Claims Act, provides for
civil penalties where a person knowingly submits a false claim to a public entity. These
provisions include false claims made with deliberate ignorance of the false information
or in reckless disregard of the truth or falsity of information. If the City of Carlsbad
seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its
litigation costs, including attorney's fees. The Contractor acknowledges that the filing of
a false claim may subject the Contractor to an administrative debarment proceeding
wherein the Contractor may be prevented to act as a Contractor on any public work or
improvement for a period of up to five years. The Contractor acknowledges debarment
by another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor
from the selection processAm (Initial)
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The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026,
3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference.
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14. STATUS OF THE CONTRACTOR
The Contractor shall perform the services provided for herein in Contractor's
own way as an independent Contractor and in pursuit of Contractor's independent
calling, and not as an employee of the City. Contractor shall be under control of the
City only as to the result to be accomplished, but shall consult with the City as provided
for in the request for proposal. The persons used by the Contractor to provide services
under this agreement shall not be considered employees of the City for any purposes
whatsoever.
The Contractor is an independent Contractor of the City. The payment made to
the Contractor pursuant to the contract shall be the full and complete compensation to
which the Contractor is entitled. The City shall not make any federal or state tax
withholdings on behalf of the Contractor or hidher employees or subcontractors. The
City shall not be required to pay any workers' compensation insurance or
unemployment contributions on behalf of the Contractor or hidher employees or
subcontractors. The Contractor agrees to indemnify the City within 30 days for any tax,
retirement contribution, social security, overtime payment, unemployment payment or
workers' compensation payment which the City may be required to make on behalf oi
the Contractor or any employee or subcontractor of the Contractor for work done under
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this agreement or such indemnification amount may be deducted by the City from any
balance owing to the Contractor.
The Contractor shall be aware of the requirements of the Immigration Reform
and Control Act of 1986 and shall comply with those requirements, including, but not
limited to, verifying the eligibility for employment of all agents, employees,
subcontractors and Consultants that are included in this agreement.
15. CONFORMITY TO LEGAL REQUIREMENTS
The Contractor shall cause all drawings and specifications to conform to all
applicable requirements of law: federal, state and local. Contractor shall provide all
necessary supporting documents, to be filed with any agencies whose approval is
necessary.
The City will provide copies of the approved plans to any other agencies.
16. OWNERSHIP OF DOCUMENTS
All plans, studies, sketches, drawings, reports, and specifications as herein
required are the property of the City, whether the work for which they are made be
executed or not. In the event this contract is terminated, all documents, plans,
specifications, drawings, reports, and studies shall be delivered forthwith to the City.
Contractor shall have the right to make one (1) copy of the plans for hidher records.
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17. REPRODUCTION RIGHTS
The Contractor agrees that all copyrights which arise from creation of the work
pursuant to this contract shall be vested in City and hereby agrees to relinquish all
claims to such copyrights in favor of City.
18. HOLD HARMLESS AGREEMENT
Contractor agrees to indemnify and hold harmless the City of Carlsbad and its
officers, officials, employees and volunteers from and against all claims, damages,
losses and expenses including 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, except where
caused by the active negligence, sole negligence, or willful misconduct of the City of
Carlsbad.
Contractor shall at its own expense, upon written request by the City, defend any
such suit or action brought against the City, its officers, officials, employees and
volunteers. Contractors indemnification of City shall not be limited by any prior or
subsequent declaration by the Contractor.
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.
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20. SUBCONTRACTING
If the Contractor shall subcontract any of the work to be performed under this
contract by the Contractor, Contractor shall be fully responsible to the City for the acts
and omissions of Contractor's subcontractor and of the persons either directly or
indirectly employed by the subcontractor, as Contractor is for the acts and omissions of
persons directly employed by Contractor. Nothing contained in this contract shall
create any contractual relationship between any subcontractor of Contractor and the
City. The Contractor shall bind every subcontractor and every subcontractor of a
subcontractor by the terms of this contract applicable to Contractor's work unless
specifically noted to the contrary in the subcontract in question approved in writing by
the City.
21. PROHIBITED INTEREST
No official of the City who is authorized in such capacity on behalf of the City to
negotiate, make, accept, or approve, or take part in negotiating, making, accepting, or
approving of this agreement, shall become directly or indirectly interested personally in
this contract or in any part thereof. No officer or employee of the City who is authorized
in such capacity and on behalf of the City to exercise any executive, supervisory, or
similar functions in connection with the performance of this contract shall become
directly or indirectly interested personally in this contract or any part thereof.
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22. VERBAL AGREEMENT OR CONVERSATION
No verbal agreement or conversation with any officer, agent, or employee of the
City, either before, during or after the execution of this contract, shall affect or modify
any of the terms or obligations herein contained nor entitle the Contractor to any
additional payment whatsoever under the terms of this contract.
23. SUCCESSORS OR ASSIGNS
Subject to the provisions of Paragraph 18, "Hold Harmless Agreement," all
terms, conditions, and provisions hereof shall inure to and shall bind each of the parties
hereto, and each of their respective heirs, executors, administrators, successors, and
assigns.
24. EFFECTIVE DATE
This agreement shall be effective on and from the day and year first written
above.
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-:V' and shall meet the City's policy for
insurance as stated in Resolution No. 91403.
A. Coveraaes and Limits.
Contractor shall maintain the types of coverages and minimum limits
indicated herein, unless a lower amount is approved by the City Attorney or City
Manager:
1. Comprehensive General Liability Insurance. $1,000,000 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). $1,000,000 combined single-limit per accident for
bodily injury and property damage.
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3. Workers' Compensation and Employer's Liability. Workers'
Compensation limits as required by the Labor Code of the State of California and
Employer's Liability limits of $1,000,000 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 shall be named as an additional insured on all policies
excluding Workers' Compensation and Professional Liability.
2. The Contractor shall furnish certificates of insurance to the City
before commencement of work.
3. The Contractor shall obtain occurrence coverage, excluding
Professional Liability which shall be written as claims-made coverage.
4. This insurance shall be in force during the life of the agreement
and any extension thereof and shall not be canceled without 30 days prior written
notice to the City sent by certified mail.
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,
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or may purchase replacement insurance or pay the premiums that are due on existing
policies in order that the required coverages may be maintained. The Contractor is
responsible for any payments made by the City to obtain or maintain such insurance
and the City may collect the same from the Contractor or deduct the amount paid from
any sums due the Contractor under this agreement.
27. RESPONSIBLE PARTIES
The name of the persons who are authorized to give written notices or to receive
written notice on behalf of the City and on behalf of the Contractor in connection with
the foregoing are as follows:
For City: Title Citv Enclineer
Name Llovd B. Hubbs
Address Citv of Carlsbad
2075 Las Palmas Drive
Carlsbad, CA 92009
For Contractor: Title President
Name Denis J. Dunn
Address 7801 Mission Ctr Ct 8400
Professional Engineer
Registration Number: SE #2630
Martin 8 Dunn, Inc.
San Diego, CA 92108
28. BUSINESS LICENSE
Contractor shall obtain and maintain a City of Carlsbad Business License for the
duration of the contract.
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29. ENTIRE AGREEMENT
This agreement, together with any other written document referred to or
contemplated herein, embody the entire agreement and understanding between the
parties relating to the subject matter hereof. Neither this agreement nor any provision
hereof may be amended, modified, waived or discharged except by an instrument in
writing executed by the party against which enforcement of such amendment, waiver or
discharge is sought.
Executed by Contractor this ) 7 day of 0 C+bAC?-.r ,19TL.
CONTRACT0 R:
MARTIN & DUNN, INC.
CITY OF CARLSBAD, a municipal corporation of the State of California
By: City Manager or Mayor
ATEST: +
/John A. Martin, Jr.
Secretary (print name/title) ALETHA L. RAUTENKRANZ
City Clerk
(Proper notarial acknowledgment of execution by Contractor must be attached.)
(President or vice-president and secretary or assistant secretary must sign for corporations. If only one
officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under
corporate seal empowering that officer to bind the corporation.)
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
BY Deputy City Attorney
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT *
NAME@) OF SIGNER(S)
to be the personw whose name(&) is/s
subscribed to the within instrument and E
knowledged to me that helshdthey executl
the same in hislhaitbw ' authorizc
z capacity(@, and that by his/h&#w
signature(Q on the instrument the person(
or the entity upon behalf of which tl
person@) acted, executed the instrumei
WITNESS my hand and official seal.
n ROBIN NISBET
COW. # la1385
A 7 -%i.&L SIGNATURE OF NOTARY
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prej
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMEN
0 CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT TITLE(S)
0 ATTORNEY-IN-FACT NUMBER OF PAGES
GUARDIAN/CONSERVATOR
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR EMITY(IES)
SIGNER(S) OTHER THAN NAMED ABOVE
61993 NATIONAL NOTARY ASSOCIATION 08236 Remmet Ave , P 0 Box 7184 Canoga Park, CA S ==
0 CALIFORNIA ALL-PUR n SE ACKNOWLEDGMENT
f.
Y
State of California
Countyof Los hgeles
On October 18, 1996 before me, Jennifer L. Ervin, Notary Public*******
..........................................
DATE NAME TITLE OF OFFICER - E G .JANE DOE NOTARY PUBLIC"
personally appeared John A* Martin! JL
personally known to me - OR - NAME@) OF SIGNER(S)
knowledged to me that heM&kqc.execut
the same in his,%&tbzk authoriz
capacitym, and that by his/k&b
signature(& on the instrument the person(
or the entity upon behalf of which t
person(@ acted, executed the instrume
fraudulent reattachment of this form
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMEb
Agreement €or Bridge Inspection Sf
La Costa Ave./I-5 Interchange Wid<
Pro] ect #32 19
TITLE OR TYPE OF DOCUMENT TITLE(%
Eighteen (18)
NUMBER OF PAGES
'rev. 8/26/96"
DATE OF DOCUMENT
SIGNER IS REPRESENTING: Denis J. Dunn (President) NAME OF PERSON(S) OR ENTITY(IES)
SIGNER(S) OTHER THAN NAMED ABOVE Martin & Dunn, Inc.
01993 NATIONAL NOTARY ASSOCIATION 8236 Remmet Ave , P 0 Box 71 84 Canoga Park CA - -
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EXHIBIT “A”
To the contract between the City of Carlsbad and Martin & Dunn, Inc., for bridge inspection services for City Project No. 3219, La Costa\l-fi Interchange Widening, dated
, 1996.
Bridge inspector $69.00 per hour
*Includes travel, mileage, and supervision.
This incremental rate shall prevail for the duration of this contract and shall be used for all hours
of work regardless of the number of hours worked on any day or during any week. The incremental rate will be paid for each hour the bridge inspector is on the jobsite, at City offices, at Caltrans offices or between any of the three locations. Travel to or from these three locations to other locations will not be paid for unless approved by the City Engineer.
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