Loading...
HomeMy WebLinkAboutNinyo & Moore; 2016-07-28; TRAN1453AGREEMENT FOR PERIODIC INCLINOMETER READINGS AND TECHNICAL MEMORANDUM PREPARATION SERVICES NINYO & MOORE TRAN1453 REEMENT is made and entered into as of the £ 17/7' day of -~;t...-~44~\:~-~--· 2016, by and between the CITY OF CARLSBAD, a municipal ation, City"), and NINYO & MOORE, a California corporation ("Contractor"). RECITALS City requires the professional services of a geotechnical and environmental consulting firm that is experienced in inclinometer readings and technical memorandum preparation. 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 three (3) years from the date first above written. 3. COMPENSATION The total fee payable for the Services to be performed will be nine thousand nine hundred dollars ($9,900). 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 (1 0%) 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. City Attorney Approved Version 4/1/15 TRAN1453 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 de livered 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. City Attorney Approved Version 4/1/15 2 TRAN1453 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. CONTRACTOR NINYO & MOORE, a California corporation Avram Ninyo I President (print name/title) By: (sign here) Elaine 0. Autus I Assistant Secretary (print name/title) CITY OF CARLSBAD, a municipal corporation of the State of California By 2 .. -~ 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:. __ ~------------ Assistant City Attorney ~~ury City Attorney Approved Version 4/1/15 3 TRAN1453 EXHIBIT "A" SCOPE OF SERVICES Consultant will perform the following services at the locations listed below: 1. Inclinometer Readings a. Consultant will perform inclinometer readings at each location at intervals of approximately 4 months over the life of this agreement. (3 times per year) b. Consultant is not responsible for fees associated with the abandonment of the inclinometers. 2. Technical Memorandum a. Consultant will prepare a technical memorandum subsequent to the performance of each set of periodic readings. The memorandum will present the inclinometer results and provide a data interpretation sum mary. 3. Fee a. Each set of inclinometer readings and technical memoranda will be invoiced at a flat rate of $550 per location. 4. Locations a. Camino Hills Drive at Jackspar Drive (2 inclinometers) b. Carrillo Way East of Rancho Cortes ( 1 inclinometer) Total not-to-exceed amount for the above referenced 2 locations= $9,900. City Attorney Approved Version 4/1/15 4 'i'FGiitJhilri'llll'f[7/l'v~l(lnao &~oo~e' .· . t)t'•'}tf'(nnrc,11,1Pd [nVItt)rtffh'llt.,t/ S(it'n(t_'\ C .. ~rt';tilt.ni!\ Mr. Jon Schauble, PE City of Carlsbad, Public Works Department 1635 Faraday Avenue Carlsbad, California 92008 Subject: Scope of Work and Fee for Inclinometer Readings Camino Hills Drive and Jackspar Drive Slope Carlsbad, California On-Call Contract CA 1293 Dear Mr. Schauble: February 2, 2016 Project No. 106434005 In response to your request, we have prepared this scope of work and fee for the continuing perfor- mance of inclinometer readings along Camino Hills Drive near Jackspar Drive in Carlsbad, California. Two inclinometers were installed at the base of the slope south of Camino Hills Drive as part of previous studies performed at the site. We understand that the City of Carlsbad is requesting to continue monitoring the slope by performing additional readings of these inclinometers. Based on our previous experience with the project, we recommend that the inclinometer readings be per- formed approximately every_ four months. PROPOSED SCOPE OF SERVICES We propose the following scope of services for this project site: • Performing a series of nine inclinometer readings in each of the existing inclinometers. The pe- riodic readings are anticipated to be performed at intervals of approximately four months over a span of three years. Accordingly, three sets of readings will be performed per year. • Preparing a technical memorandum subsequent to the performance of each set of periodic readings. The memorandum will present the inclinometer results and provide a summary of our interpretation of the data obtained from our inclinometer readings. 5710 Ruffin Road • San Diego. California 92123 • Phone (858) 576-1000 • Fax (858) 576-9600 San D~ego • lrYJne • Los Angeles • Rancho Cucamonga • Oakland San Francisco • San Jose • Sacramento Las Vegas • Phoem>< • Tucson • Prescott Valley • Denver • Houston Camino Hills Drive and Jackspar Drive Slope Carlsbad, California FEE ESTIMATE February 2, 2016 Project No. 106434005 Our services for this project will be billed on a lump sum basis per set of readings. The fee for the services above is $550 per set of readings and presentation of the data. For the purpose of setting up an overall budget, the nine sets of readings will be for a total of $4,950 (Four Thousand Nine Hundred Fifty Dollars). The presented fee is based upon the rates incorporated into our current Master Services Agreement with the City of Carlsbad. If services are requested that are beyond the scope presented above, they will be invoiced on a time and materials basis in accordance with the rates of our current agreement. This scope of work does not include the fees associated with the abandonment of the inclinome- ters. If requested subsequent to the performance of the periodic inclinometer readings, a scope and fee for the abandonment of the inclinometers in accordance with the Department of Envi- ronmental Health requirements can be provided. We appreciate the opportunity to provide this scope of work and look forward to continuing our relationship with the City of Carlsbad. Respectfully submitted, NINYO & MOORE !lftr.Jvt Ut' Kent, PE, GE Senior Engineer JTKIKHM/gg Distribution: (1) Addressee (via e-mail) 106434005 P3.doc ~.,;:pd't:?,~~ Kenneth H. Mansir, Jr., PE, GE Principal Engineer 2 Mr. Jon Schauble, PE City of Carlsbad, Public Works Department 1635 Faraday Avenue Carlsbad, California 92008 Subject: Scope of Work and Fee for Inclinometer Readings Carrillo Way Slope Carlsbad, California On-Call Contract CA 1293 Dear Mr. Schauble: February 2, 2016 Project No. 105225011 In response to your request, we have prepared this scope of work and fee for the continuing per- formance of inclinometer readings along Carrillo Way (east of its intersection with Rancho Cortes) in Carlsbad, California. One inclinometer was installed in the northwest side of Carrillo Way at the top of a descending slope as part of previous studies performed at the site. We understand that the City of Carlsbad is requesting to continue monitoring the slope by performing additional read- ings of these inclinometers. Based on our previous experience with the project, we recommend that the inclinometer readings be performed approximately every four months. PROPOSED SCOPE OF SERVICES We propose the following scope of services for this project site: • Performing a series of nine inclinometer readings of the existing inclinometer. The periodic reading is recommended to be performed at an interval of approximately four months over a span of three years. Accordingly, three readings will be performed per year. • Preparing a technical memorandum subsequent to the performance of the periodic reading. The memorandum will present the inclinometer results and provide a summary of our inter- pretation of the data obtained from our inclinometer reading. 5710 Ruffin Road • San Diego. California 92123 • Phone (858) 576-l 000 • Fax (858) 576-9600 San D1ego • IIVIne • Los Angeles • Rancho Cucamonga • Oakland • San Frandsco • San Jose • Saaamento Las Vegas • Phoenrx • Tucson • Prescott Valley • Denver • Houston Carrillo Way Slope Carlsbad, California FEE ESTIMATE February 2, 2016 Project No. 105225011 Our services for this project will be billed on a lump sum basis per reading. The fee for the ser- vices above is $550 per set of readings and presentation of the data. For the purpose of setting up an overall budget, the nine readings will be for a total of $4,950 (Four Thousand Nine Hundred Fifty Dollars). The presented fee is based upon the rates incorporated into our current Master Services Agreement with the City of Carlsbad. If services are requested that are beyond the scope presented above, they will be invoiced on a time and materials basis in accordance with the rates of our current agreement. This scope of work does not include the fees associated with the abandonment of the inclinome- ters. If requested subsequent to the performance of the periodic inclinometer readings, a scope and fee for the abandonment of the inclinometers in accordance with the Department of Envi- ronmental Health requirements can be provided. We appreciate the opportunity to provide this scope of work and look forward to continuing our relationship with the City of Carlsbad. Respectfully submitted, NINYO & MOORE !ift'TU tOe Kent, PE, GE Senior Engineer JTKIKHM/gg Distribution: (1) Addressee (via e-mail) 105225011 P3.doc ~.,;;p';:t.~~ Kenneth H. Mansir, Jr., PE, GE Principal Engineer 2