HomeMy WebLinkAboutHarris and Associates Inc; 2016-06-14; TRAN1424TRAN1424
AGREEMENT FOR HIGHLAND AND HOOVER STORM DRAIN REPLACEMENT
CIVIL ENGINEERING CONSTRUCTION SUPPORT SERVICES
HARRIS AND ASSOCIATES, INC.
THIS AGREEMENT is made and entered into as of the \l-C~ day of :Sut\'(,., , 2016, by and between the CITY OF CARLSBAD, a municipal
corporation, ("City"), and HARRIS AND ASSOCIATES, INC., a California corporation,
("Contractor").
RECITALS
City requires the professional services of a civil engineering firm that is experienced in
providing engineering services during construction. 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 from the date first above written.
3. COMPENSATION
The total fee payable for the Services to be performed will be ten thousand dollars ($10,000). No
other compensation for the Services will be allowed except for items covered by subsequent
amendments to this Agreement. City reserves the right to withhold a ten percent (10%) retention
until City has accepted the work and/or the Services specified in Exhibit "A."
4. 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.
5. 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 attorneys
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.
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6. 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.
7. 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 in all four categories.
8. 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.
9. 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.
10. 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.
11. 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.
12. 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.
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13. 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.
14. 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.
~ff~~ ~, "'(~~· , ''-../ \C~-~~"':,; ~~~':t·
(print name/title)
By:
(sign here)
(print name/title)
CITY OF CARLSBAD, a municipal
corporation of the State of California ,,
By:
Patrick A. Thoma blic Works Director
as authorized by the City Manager
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.
Chairman,
President, or
Vice-President
Group B.
Secretary,
Assistant Secretary,
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:
CELIA A. BREWER, City Attorney
By:_....:..~-·.<....::~:.......:.~::;__·=-· _?-=U~~=··,~·,1 ___ _
Deputy City Attorney
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CERTIFICATE OFTH.E PRESIDENT
OF
HARRIS & ASSOCIATES, INC.
Authorization to Enter into Contmcts and Proposals
Pursuant to the authority granted by Section 5.3 of the Bylaws of Harris & Associates, Inc., a California corporation
(''Company"), and the delegation of authority by the Board of Directors of the Company, to the President, the
undersigned, as President, hereby authorizes the individuals named below to have the authority to enter into contracts and
proposals and incur obligations in the amounts set forth below for contracts with acceptable risk. Those contracts that
have questionable risk must be elevated to the Executive Leadership Team ("ELT") for review and approval. These
individual authorities shall remain in eftect until the designated individual's employment or position is terminated, or the
signing authority is revoked, changed or amended by a duly executed Ce11ificate of the President.
Contracts and Proposals in Unlimited Amounts:
Lisa V. Larrabee
Gary S. Woh!
Ehab S. Gerges
Contracts and Proposals up to Five Minion Dollars ($5,000,000)
Christopher J. Dunne
Allyson M. Gipson
K. Dennis Klingelhofer
Steven D. Winchester
Gary H. Yagade
Contracts and Proposals up to One Minion OoUars ($1,000,00{t)
Dennis A. Anderson
Randall G. Berry
Edward A. Kozlowski
Matt C. Nethercutt
Vernon A. Phillips
Kurt J. \Veidmann
Contracts and Proposals up to Two Hundred Fifty Thousand ($250,000)
Scot1 D. Alman
Miguel C. Renteria
Jasmine C. Cuffee
Rob F. Shackelford
Patrick M. Dobbins
Sean R. Dunbar
Tapas Dutta
Charles W. Wren
Sam S. Yaghmaie
Peter R. Booth
l'v!onet R. Crowley
Vijay K. Desai
Carole Sanders
Diane Sandman
Joe T. VY'ebber
Ben L. Wi !son
Alex J. Tzang
Alex Yescas
Contracts and Proposals up to Five Thousand Dollars ($5,000)
Rani C. Benskin
Laurie R. Dreyer
J. Lyn Hogan
D. Liane Lynch
Christina Sanchez
April13, 2016
Ms. Sherri Howard
City of Carlsbad
1635 Faraday Avenue
Carlsbad, CA 92008-7314
Harris & Associates,"
Shaping the Future, One Project at a Time
Exhibit "A"
Subject: Proposal for Construction Phase Engineering Services for Storm Drain
Replacement at Highland and Hoover
Dear Sherri,
This letter proposal responds to your request for the subject services.
understanding that this project will be awarded as a new contract with
conditions we have not yet reviewed.
Task 1 Assistance During Construction and As-Builts
1.1 Assistance During Construction
It is our
terms and
A time and materials estimate has been made at a level of effort that assumes, but is not
limited to, the review of fifteen submittals, attendance of approximately three meetings as
requested, addressing a construction change, if necessary, correspondence, and other
tasks, as requested. Services are limited only by the number of hours shown on the fee
breakdown.
1.2 As-Builts
Upon receipt of one conformed set of contractor and city approved redlines, Harris will
prepare as-built mylar drawings for the City. Services include redline response scanning.
Responded redlines and one pdf plan set will be emailed for screen-check review and
comment prior to mylar plotting.
FEES
Harris & Associates proposes to provide the above services for the total "not-to-exceed"
tabulated fee estimate as follows for use in evaluating this proposal. Fees would be
invoiced monthly based on the actual hours of work completed. We reviewed and are
willing to sign the City standard small contract agreement language received yesterday
without exceptions.
750 B Street, Suite 1800 San Diego, California 92101 619.236.1778 FAX 619.236.1179 sandiego@harris-assoc.com
Ms. Sherri Howard
April13, 2016
ASSUMPTIONS AND EXCLUSIONS
PD PM
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PE SrDes TECH
• Services will be provided at the City request to the extent of hours and budget indicated in the
fee estimate unless otherwise approved in advance of service delivery.
• Additional services can be provided upon written authorization by the City.
We look forward for the continued opportunity to work with the City of Carlsbad. If you
have any questions, or need additional information, please do not hesitate to contact
Carlos Mendoza at 619 236-1778 x2530, or 760 835-9213 mobile.
Sincerely,
Harris & Associates
Carlos Mendoza, PE
Project Manager
II I Harris & Assodates