HomeMy WebLinkAbout1998-12-15; City Council; Resolution 98-412e e Exhibit 1
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RESOLUTION NO. 98-412
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT WITH
O'DAY CONSULTANTS, A CALIFORNIA CORPORATION, FOR
PROFESSIONAL SURVEYING SERVICES.
5 WHEREAS, the City Council of the City of Carlsbad, California has reviewed the
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the utilization of consultant services to provide surveying services for replacement o
monuments in the Northwest Quadrant; and
8 WHEREAS, the City Council has determined O'Day Consultants, a California Cor1
has the needed professional surveying skills; and 9
WHEREAS, the City Council has determined that the above-named consulting firr
10 qualified on the basis of demonstrated competence and professional qualifications; and
11 WHEREAS, there are sufficient funds available for the payment of consultant sen
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of C 12
I3 California, as follows:
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2. That an agreement with O'Day Consultants, a California Corporation, a 15
1. That the above recitations are true and correct.
16 which is attached as Exhibit "A", and made a part hereof, is hereby approved.
17 PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City
held on the 15th day of December , 1998 by the following vote, to wit: 18 AYES: Council Members Lewis, Hall, Finnila, Nygaard and Kulchin
NOES: None
ABSENT: Non -.
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25 ATTEST:
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27 I (SEAL)
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AGREEMENT FOR
SURVEYING SERVICES FOR PREPARATION OF A RECORD OF SURVEY AND RELATED SURVEYING
THIS AGREEMENT is made and entered into as of the 15 day
December ,19*, by and between the CITY OF CARLSBAD, a municip
corporation, hereinafter referred to as "City", and ODAY CONSULTANTS, hereinaft
referred to as "Contractor."
RECITALS
" .._ City requires the services of a surveying Contractor to provide the necessal
surveying services for preparation of a Record of Survey and related surveying; an
. Contractor possesses the necessary skills and qualifications to provide the service
required by the City;
NOW, THEREFORE, in consideration of these recitals and the mutual covenant:
contained herein, City and Contractor agree as follows:
I. CONTRACTOR'S OBLIGATIONS
See attached Exhibit "A".
2. CITY OBLIGATIONS
The City shall provide AutoCAD files for Dwg. 363-6.
3. PROGRESS AND COMPLETION
The work under this contract will begin within ten (1 0) days after receipt 01
notification to proceed by the City and be completed within sixty (60) working days of
that date. Extensions of time may be granted if requested by the Contractor and
agreed to in writing by the City. The City will give allowance for documented and
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substantiated unforeseeable and unavoidable delays not caused by a lack of foresig
on the part of the Contractor, or delays caused by City inaction or other agencies' la
of timely action.
4. FEES TO BE PAID TO CONTRACTOR
The total fee payable for the services to be performed shall be $29,270. I\
other compensation for services will be allowed except those items covered t
supplemental agreements per Paragraph 8, "Changes in Work." The City reserves tt
right to withhold a ten percent (10%) retention until the project has been accepted k
the City.
Incremental payments, if applicable, should be. made as outiined in attache
'Exhibit "A.'n
5. DURATION OF CONTRACT
This agreement shall extend for a period of one (I) year from date thereof. Thc
contract may be extended by the City Manager for no additional one (I) year periods o
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 thc
extended contract.
. 6. PAYMENTOF FEES
Payment of approved items on the invoice shall be mailed to the Contracto,
within 30 days of receipt of the invoice.
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7. FINAL SUBMISSIONS
Within ten (IO) working days of completion and approval of the centerline tie
the Contractor shall deliver to the City the following items:
Two (2) sets of updated centerline tie notes.
0 Record of Survey mylar and AutoCAD file.
8. CHANGES IN WORK
If, in the course of the contract, changes seem merited by the Contractor or tb
City, and informal consultations with the other party indicate that a change in th
conditions of the contract is warranted, the Contractor or the City may request a chang
in contract. Such changes shall be processed by the City in the following manner: i
letter outlining the required changes shall be forwarded to the City by Contractor t
inform them of the proposed changes along with a statement of estimated changes i
charges or time schedule. A Standard Amendment to Agreement shall be prepared b!
the City and approved by the City according to the procedures described in Carlsbac
Municipal Code Section 3.28.172. Such Amendment to Agreement shall not rende
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, ta
solicit or secure this agreement, and that Contractor has not paid or agreed to pay an)
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,
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the City shall have the right to annul this agreement without liability, or, in its discretio
to deduct from the agreement price or consideration, or otherwise recover, the fi
amount of such fee, commission, percentage, brokerage fees, gift, or contingent fee.
IO. NONDISCRIMINATION CLAUSE
The Contractor shall comply with the state and federal laws regardir
nondiscrimination.
11. TERMINATION OF CONTRACT
In the event of the Contractor's failure to prosecute, deliver, or perform the WOI
as provided for in this contract, the City Manager may terminate this contract fc
nonperformance by notifying the Contractor by certified mail of the termination of th
Contractor. The Contractor, thereupon, has five (5) working days to deliver sai
documents owned by the City and all work in progress to the City. The City shall makl
a determination of fact based upon the documents delivered to City of the percentagl
of work which the Contractor has performed which is usable and of worth to the City il
having the contract completed. Based upon that finding as reported to the Cit
Manager, the Manager shall determine the final payment of the contract.
This agreement may be terminated by either party upon tendering thirty (3C
days written notice to the other party. In the event of such suspension or terminatior
upon request of the City, the Contractor shall assemble the work product and put samt
in order for proper filing and closing and deliver said product to City. In the event o
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. Thc
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City Manager shall make the final determination as to the portions of tasks complet
and the compensation to be made.
12. CLAIMS AND LAWSUITS
The Contractor agrees that any contract claim submitted to the City must I
asserted as part of the contract process as set forth in this agreement and not
. anticipation of litigation or in conjunction with litigation. The Contractor acknowledgl
that if a false claim is submitted to the City, it may be considered fraud and tl
Contractor may be subject to criminal prosecution. The Contractor acknowledges th
California Government Code sections 12650 et sea., the False Claims Act, provides 1,
civil penalties where a person knowingly submits a false claim to a public entity. The:
provisions include false claims made with deliberate ignorance of the false informatic
or in reckless disregard of the truth or falsity of information. If the City of Carlsbad see1
to recover penalties pursuant to the False Claims Act, it is entitled to recover i
litigation costs, including attorney’s fees. The Contractor acknowledges that the filing 1
a false claim may subject the Contractor to an administrative debarment proceedin
wherein the Contractor may be prevented to act as a Contractor on any public work c
improvement for a period of up to five years. The Contractor acknowledges debarmer
by another jurisdiction is gro nds for the City of Carlsbad to disqualify the Contractc
from the selection process. bdQ (Initial)
The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.02f
3. .027 and 3.32.028 pertaining to false claims are incorporated herein by reference.
fiqlnitia,)
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13. STATUS OF THE CONTRACTOR
The Contractor shall perform the serrices provided for herein in Contractor's ov
way as an independent Contractor and in pursuit of Contractor's independent callin
and not as an employee of the City. Contractor shall be under control of the City or
as to the result to be accomplished, but shall consult with the City as provided for in tt
request for proposal. The persons used by the Contractor to provide services under th
agreement shall not be considered employees of the City for any purposes whatsoevel
The Contractor is an independent Contractor of the City. The payment made i
the Contractor pursuant to the contract shall be the full and complete compensation 1
which the Contractor is entitled. The City shall not make any federal or state tz
withholdings on behalf of the Contractor or its employees or subcontractors. The Ci
shall not be required to pay any workers' compensation insurance or unemploymer
contributions on behalf of the Contractor or its employees or subcontractors. Th
Contractor agrees to indemnify the City within 30 days for any tax, retiremer
contribution, social security, overtime payment, unemployment payment or worker!
compensation payment which the City may be required to make on behalf of thl
Contractor or any employee or subcontractor of the Contractor for work done under thi
agreement or such indemnification amount may be deducted by the City from an
balance owing to the Contractor.
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The Contractor shall be aware of the requirements of the Immigration Refor
and Control Act of 1986 and shall comply with those requirements, including, but n
limited to, verifying the eligibility for employment of all agents, employee
subcontractors and Consultants that are included in this agreement.
14. CONFORMITY TO LEGAL REQUIREMENTS
The Contractor shall cause all drawings and specifications to conform to I
applicable requirements of law: federal, state and local. Contractor shall provide i
necessary supporting documents, to be filed with any agencies whose approval
necessary.
The City will provide copies of the approved plans to any other agencies.
15. OWNERSHIP OF DOCUMENTS
All plans, studies, sketches, drawings, reports, and specifications as herei
required are the property of the City, whether the work for which they are made b
executed or not. . In the event this contract is terminated, all documents, plan:
specifications, drawings, reports, and studies shall be delivered forthwith to the City
Contractor shall have the right to make one (I) copy of the plans for its records.
16. REPRODUCTION RIGHTS
The Contractor agrees that all copyrights which arise from creation of the wor
pursuant to this contract shall be vested in City and hereby agrees to relinquish a
claims to such copyrights in favor of City.
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17. HOLD HARMLESS AGREEMENT
Contractor agrees to indemnify and hold harmless the City of Carlsbad and
officers, officials, employees and volunteers from and against all claims, damage
losses and expenses including attorneys fees arising out of the performance of tt
work described herein caused by any willful misconduct, or negligent act, or omission
the contractor, any subcontractor, anyone directly or indirectly employed by any of the
or anyone for whose acts any of them may be liable.
18. ASSIGNMENT OF CONTRACT
The Contractor shall not assign this contract or any part thereof or any monic
due thereunder without the prior written consent of the City.
19. SUBCONTRACTING
If the Contractor shall subcontract any of the work to be performed under thi
contract by the Contractor, Contractor shall be fully responsible to the City for the ad
and omissions of Contractor's subcontractor and of the persons either directly c
indirectly employed by the subcontractor, as Contractor is for the acts and omissions c
persons directly employed by Contractor. Nothing contained in this contract sha
create any contractual relationship between any subcontractor of Contractor and thc
City. The Contractor shall bind every subcontractor and every subcontractor of i
subcontractor by the terms of this contract applicable to Contractor's work unles!
specifically noted to the contrary in the subcontract in question approved in writing b
the City.
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20. PROHIBITED INTEREST
No official of the City who is authorized in such capacity on behalf of the City
negotiate, make, accept, or approve, or take part in negotiating, making, accepting,
approving of this agreement, shall become directly or indirectly interested personally
this contract or in any part thereof. No officer or employee of the City who is authorizf
in such capacity and on behalf of the City to exercise any executive, supervisory, 1
similar functions in connection with the performance of this contract shall becorr
directly or indirectly interested personally in this contract or any part thereof.
21. VERBAL AGREEMENT OR CONVERSATION
No verbal agreement or conversation with any officer, agent, or employee of th
City, either before, during or after the execution of this contract, shall affect or modii
any of the terms or obligations herein contained nor entitle the Contractor to an
additional payment whatsoever under the terms of this contract.
22. SUCCESSORS OR ASSIGNS
, Subject to the provisions of Paragraph 17, "Hold Harmless Agreement," a
terms, conditions, and provisions hereof shall inure to and shall bind each of the partier
hereto, and each of their respective heirs, executors, administrators, successors, an(
assigns.
23. EFFECTIVE DATE
This agreement shall be effective on and from the day and year first writter
above.
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24. CONFLICT OF INTEREST
The City has determined, using the guidelines of the Political Reform Act and t
City's conflict of interest code, that the Contractor will not be required to file a conflict
interest statement as a requirement of this agreement. However, Contractor here'
acknowledges that Contractor has the legal responsibility for complying with tl
Political Reform Act and nothing in this agreement releases Contractor from tt.
responsibility.
25. INSURANCE
The Contractor shall obtain and maintain for the duration of the contract and ai
and all amendments insurance against claims for injuries to persons or damage 1
property which may arise out of or in connection with performance of the WOI
hereunder by the Contractor, his agents, representatives, employees or subcontractor!
Said insurance shall be obtained from an insurance carrier admitted and authorized 1
do business in the State of California. The insurance carrier is required to have
current Best's Key Rating of not less than "A-:V and shall meet the City's policy fc
insurance as stated in Resolution No. 91-403.
A. Coveraaes and Limits.
Contractor shall maintain the types of coverages and minimum limit
indicated herein, unless a lower amount is approved by the City Attorney or Cit
Manager:
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24. CONFLICT OF INTEREST
The City has determined, using the guidelines of the Political Reform Act and ti
City's conflict of interest code, that the Contractor will not be required to file a conflict
interest statement as a requirement of this agreement. However, Contractor heret
acknowledges that Contractor has the legal responsibility for complying with tk
Political Reform Act and nothing in this agreement releases Contractor from th
responsibility.
25. INSURANCE
The Contractor shall obtain and maintain for the duration of the contract and an
and all amendments insurance against claims for injuries to persons or damage t
property which may arise out of or in connection with performance of the wor
hereunder by the Contractor, his agents, representatives, employees or subcontractor5
Said insurance shall be obtained from an insurance carrier admitted and authorized tl
do business in the State of California. The insurance carrier is required to have
current Best's Key Rating of not less than "A-:V" and shali meet the City's policy fo
insurance as stated in Resolution No. 91-403.
A. Coverages and Limits.
Contractor shall maintain the types of coverages and minimum limit!
indicated herein, unless a lower amount. is approved by the City Attorney or CiQ
Manager:
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1. Comprehensive General Liability Insurance. $1,000,000 combin
single-limit per occurrence for bodily injury, personal injury and property damage. If ti
submitted policies contain aggregate limits, general aggregate limits shall ap[
separately to the work under this contract or the general aggregate shall be twice tl
required per occurrence limit.
2.. Automobile Liability (if the use of an automobile is involved fi
Contractor's work for the City). $1,000,000 combined single-limit per accident for bodi
injury and property damage.
3. Workers' Compensation and Employer's Liability. Worker
Compensation limits as required by the Labor Code of the State of California an
Employer's Liability limits of $1,000,000 per accident for bodily injury.
4. Professional Liability. Errors and omissions liability appropriate t
the contractor's profession with limits of not less than $1,000,000 per claim. Coverag
shall be maintained for a period of five years following the date of completion of tht
work.
6. Additional Provisions.
Contractor shall ensure that the policies of insurance required under thi!
agreement contain, or are endorsed to contain, the following provisions.
1. The City shall be named as an additional insured on all policie3
excluding Workers' Compensation and Professional Liability.
2. The Contractor shall furnish certificates of insurance to the Cib
before commencement of work.
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3. The Contractor shall obtain occurrence coverage, excludi
Professional Liability which shall be written as claims-made coverage.
4. This insurance shall be in force during the life of the agreement a1
any extension thereof and shall not be canceled without 30 days prior written notice
the City sent by certified mail.
5. If the Contractor fails to maintain any of the insurance coverag{
required herein, then the City will have the option to declare the Contractor in breach,
may purchase replacement insurance or pay the premiums that are due on existir
policies in order that the required coverages may be maintained. The Contractor
responsible for any payments made by the City to obtain or maintain such insuranc
and the City may collect the same from the Contractor or deduct the amount paid fro1
any sums due the Contractor under this agreement.
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26. PESPONSIBLE PARTIES
The name of the persons who are authorized to give written notices or to receiv
written notice on behalf of the City and an behalf of the Contractor in connection wii
the foregoing are as follows:
For City:
For Contractor:
Title Consultant Project Manager
Name Glen K. Van Peski
Address 2075 Las Palmas Drive
Carlsbad, CA 92009-1 576
Title
Name
Address
President
Patrick N. O’Day
5900 Pasteur Court, Suite 100
Carlsbad, CA 92008-731 7
ArchitecVLicense Number: RCE 27214
27. BUSINESS LICENSE
Contractor shall obtain and maintain a City of Carlsbad Business License for the
duration of the contract.
28. 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
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writing executed by the party against which enforcement of such amendment, waiver c
discharge is sought.
Executed by Contractor this zqw day of Hbl/biar476& 9 1998
CONTRACTOR:
O'DAY CONSULTANTS by:.^,
P)p? i4c/c.i[ h' I (print namehit
By:
(print name/title) // . ALETHA L. W&EN%?
ATTEST:
(sign @<e) - 0
/kTp&lp /I/, D i 114 ./, , & Q"
City Clerk
(Proper notarial acknowledgment of execution by Contractor must be attached.)
(President or vice-president and secretary or assistant secretary must sign fo
corporations. If only one officer signs, the corporation must attach a resolution certifiec
by the secretary or assistant secretary under corporate seal empowering that officer tc
bind the corporation.)
APPROVED AS TO FORM:
RONALD R. BALL City Attorney
BY Q LT AssEtant City Atforney
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, CALIFORNIA ALL=PURPOSE ACKNOWLEDGMENT -~".-,',-,- - __ - - - - - - __ - - - - - - - " - -" - - - - - "- - B-d~~"~-~",-- ,.. ,.. .-... .-.-..,..-.-.-.-.-.-~ .-. .-.- -.-_-.-. .._-.-. . . . .- ..-. .- " I
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State of California
County of Sari Diego
On Nnv-r 74 - 1 998 before me, Teri Hayes, Notary Public
personally appeared Patrick N- O'D~Y
?!I personally known to me - B"t" to be the person@
whose name@) idare subscribed to the within instrumen
and acknowledged to me that he/W#hey executed thc
same in hisherMauthorized capacity(=), and that b
hishedtheirsignature@) on the instrument the person($)
Date ' Name and line of mcer (e.g.. 'Jane Ow. Notary Public")
Name@) of Signer@)
i lmHAm carmyon# 1woQs
scnoregocarrly I Nday"-cdlynia 1
cOmnmAvg26.1QD ii
or the entity upon behalf of which the person@) acted
executed the instrument.
WITNESS my hand and official seal.
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OPTIONAL
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. I Description of Attached Document
Title or Type of Document: Professional Ser Jces A9reP-t with V'
City of Carlsbad
Document Date: Number of Pages:
Signer(s) Other Than Named Above: 1 4 Capacity(ies) Claimed by Signer@) I I
1 4 4 8
Signer's Name: Patrick N. O'Day
0 Individual
0 Corporate Officer
Title(s):
0 Partner - 0 Limited 0 General
Attorney-in-Fact
0 Trustee-
0 Guardian or Conservator Other: President
and Secretary I Signer Is Representing: I I
O'Day Consultants, Inc. -
Signer's Name:
0 Individual
U Corporate Officer
Title@):
0 Partner - 0 Limited 0 General
0 Attorney-in-Fact
0 Trustee 0 Guardian or Conservator
0 Other:
Signer Is Representing:
.F ,~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ """""""" . . . - . . . . - . . . -, 2. . . .- . . . . . -. "" _._ -.
Q 1995 National Notary Association - 8236 Rernrnef Ave.. P.O. Box 7184 - Canoga Park. CA 91309-7184 Pmd. No. 5907 Reorder: Call Toll-Free 1-8
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e!L Hli31-f 'k"
&!!d
November 9, 15
Promo No. : 98-03
City of Carlsbad Pedestrian Curb Ramps
On-Call Survey Services
Northwest Quadrant
Project No. 3523-3
Scope of Work
Scope I: Lump sum fee of $22,770.00 (based upon 138 ties @ $165.00/ramp) due a
payable upon percentage of work completed.
A. Research.
1. Field check the locations of existing centerline ties.
2. Obtain centerline tie records for all ties.
B. Field survey.
1. Set two ties for each tie in .a location that will not be disturbed duri
2. After construction of new curb, set new centerline tie at location l
construction.
previous tie.
C. Prepare updated centerline tie notes and deliver two sets to the City f
Carlsbad.
Scope IV: Lump sum fee of $6,500.00 due and payable upon percentage of WOI
completed.
Prepare and process a Record of Survey for the set centerline ties. (Based up0
Client providing AutoCAD files for Dwg. 363-6).
W\MSOFFICAWINWORD\PROM0\98-03~\98-Q3~.sow
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EXHIBIT “A
Northwest Quadrant Pedestrian Curb Ramps
Project No. 3523-3
Replacement of Survey Monuments and
Preparation of Record of Survey
Scope of Work
Replacement of Survey Monuments
A. Research
1 - Field check the locations of existing centerline ties.
2. Obtain centerline tie records for all ties.
6. Field Survey
1. Set two ties for each tie in a location that will not be disturbed during
2. After construction of new curb, set new centerline tie at location of
construction.
previous tie.
C. Prepare updated centerline tie notes and deliver two sets to the City of
Carlsbad.
Subtotal $22,770.00
Record of Survey
Prepare and process a Record of Survey for the set centerline ties.
Subtotal $6,500.00
Total $29,270.00