Loading...
HomeMy WebLinkAboutNV5 Inc; 2015-11-17; CA1288PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO. 1 PROJECT NO. 6620 CA1288 This First Project Task Description and Fee Allotment, is entered into on L"ta.rch 02.S. Q1...0 l b , pursuant to an Agreement between NV5, INC., a California corpofation , ("Contractor") and the City of Carlsbad, ("City") dated November 17, 2015, (the "Agreement"), the terms of wh ich are incorporated herein by this reference. 1. CONTRACTOR'S OBLIGATIONS Contractor shall provide professional services in accordance with the "Project Engineer's Manual", 2001 edition, as published by the City's Engineering Department, City "Standards for Design & Construction of Public Works Improvements in the City of Carlsbad," and the proposal dated February 23, 2016, ("proposal"), attached as Appendix "A" for the Storm Drain System Condition Assessment, {the "Project"). The Project services shall include reviewing existing data, evaluate methods to prioritize maintaining the storm drain system, develop a ranking system for determining the integrity of the system , field observations and initiate building the assessment program to evaluate the storm drain system for rehabilitation or replacement. 2. PROGRESS AND CO MPLETION Contractor's receipt of this Project Task Description and Fee Allotment, signed by the City Manager or Director and a Purchase Order from the City's Purchasing Department, constitutes notification to proceed to the Contractor. Contractor shall begin work within five (5) working days after receiving this fully executed document and a City Purchase Order. Contractor shall complete the work within sixty (60) working days thereafter. Working days are defined in section 6-7.2 "Working Day" of the Standard Specifications for Public Works Construction (Green Book). In no event shall Contractor work beyond the term or authorized compensation of the Agreement, as amended by this Project Task Description and Fee Allotment. 3. FEES TO BE PAID TO THE CONTRACTOR Contractor's compensation for the Project is shown in Table 1, "Fee Allotment", herein. Fees shall be paid on the bas is of time and materials for each task group shown in Table 1. Progress payments shall be based on time and materials. Appendix "A", attached , prepared by Contractor and reviewed by City, shows the parties' intent as to the elements, scope and extent of the task groups. Contractor acknowledges that performance of any and all tasks by the Contractor constitutes acknowledgment by Contractor that such tasks are those defined in Appendix "A". Additional task groups, not shown in Table 1 or Appendix "A", will be performed by the Contractor only upon authorization of the City through the mechanism of a separate Project Task Description and Fee Allotment and Purchase Order. In the event that City directs Contractor to curtail or eliminate all, or portions of the task groups identified in Table 1 or Appendix A, then the Contractor shall only invoice the City for work actually performed. The maximum total cost of Contractor's services for this Project Task Description and Fee Allotment is $33,000 . City Attorney Approved Version 1/30/1 3 CITY OF CARLSBAD AS NEEDED STORM DRAIN I I I I I NV~ I I I I -1 --I ~---..,.-I I I : • ....... I NAME: Carlsbad Storm Drain Asset Management Assistance PROJECT NO.: TBD Client PM: Sherri Howard I FIRM: NV5, Inc. W.O. NO.: NV5 PM Carmen Kasner 858) 385-2131 I DESCR: JOB NO: DATE: I 23-Feb-16 l I ~ . : ... • TASK NO. OF TASK DESCRIPTION A B c D E F G I J NO. SHEETS .. .. . . .. . ... . .... ·'' . . .. - $255.00 $175.00 $155.00 $126.00 $105.00 $105.00 $90.00 $80.00 $255.00 SUBCONSUL TANTS TASK TOTAL $33,000.00 1.0 Data Collection 2 4 6 $1 014.00 3•/c 2.0 Review of Asset management systems 4 8 12 $2 028.00 60fc 3.0 Meetinos 4 4 $102.00 8 $1 626.00 50fc 4.0 Develop rankings 8 80 88 $12 120.00 370fc 5.0 Documentation of export 1 3 4 $633.00 20fc 6.0 Field Testino 3 20 $150.00 23 $3,435.00 100fc 7.0 As Needed Consultation 16 64 80 $12,144.00 370fc 0 $0.00 OOfc 0 $0.00 OOfc PROJECT LABOR TOTALS 38 0 0 183 0 0 0 0 0 $252.00 221 $33,000.00 100"!. PERCENTAGES 17.2% 0.0% 0.0% 82.8% 0.0% 0.0% 0.0% 0.0% 0.0% Carlsbad asset management.xlsx You created this PDF from an application that is not licensed to print to novaPDF printer (http://www.novapdf.com) ~y ~{(. ; __ ' : CA1288 MASTER AGREEMENT FOR STORM WATER ENGINEERING SERVICES NV5, INC. THIS AGREEMENT is made and entered into as of the \ ttvl day of N 0\rCW\\.eeNZ--, 2015, by and between the CITY OF CARLSBAD, a municipal corporation, ("City"), and NV5, INC., a California corporation ("Contractor"). RECITALS A. City requires the professional services of an engineering firm that is experienced in storm water engineering. B. The professional services are required on a non-exclusive, project-by-project basis. C. Contractor has the necessary experience in providing professional services and advice related to storm water engineering. D. Contractor 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 attached Exhibit "A", which is incorporated by this reference in accordance with this Agreement's terms and conditions. Contractor's obligations with respect to any project granted to Contractor under this Agreement will be as specified in the Task Description for the project (see paragraph 5 below). 2. STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California Area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3. TERM The term of this Agreement will be effective for a period ofthree (3) years from December 1, 2015, to November 30, 2018. Extensions will be based upon a satisfactory review of Contractor's performance, City needs, and appropriation of funds by the City Council. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. 4. PROGRESS AND COMPLETION The work for any project granted to Contractor pursuant to this Agreement will begin within ten (1 0) days after receipt of notification to proceed by City and be completed within the time specified in the Task Description for the project (see paragraph 5 below). Extensions of time for a specific Task Description may be granted if requested by Contractor and agreed to in writing by the City Manager or the Division Director as authorized by the City Manager ("Director"). The City Manager or Director will give allowance for documented and substantiated unforeseeable and unavoidable delays not caused by a lack of foresight on the part of Contractor, or delays caused by City 1 City Attorney Approved Version 6/9/15 \D I CA1288 inaction or other agencies' lack of timely action. In no event shall a specific Task Description exceed the term of this Agreement. 5. COMPENSATION The cumulative total for all projects allowed pursuant to this Agreement will not exceed two hundred fifty thousand dollars ($250,000) for the term of the agreement. The total amount allowed per Project Task Description and Fee Allotment will not exceed one hundred thousand dollars ($1 00,000). Fees will be paid on a project-by-project basis and will be based on Contractor's Schedule of Rates specified in Exhibit "A" for the three year term period. Prior to initiation of any project work by Contractor, City shall prepare a Project Task Description and Fee Allotment (the "Task Description") which, upon signature by Contractor and for City, the City Manager or Director, will be considered a part of this Agreement. The Task Description will include a detailed scope of services for the particular project being considered and a statement of Contractor's fee to complete the project in accordance with the specified scope of services. The Task Description will also include a description of the method of payment and will be based upon an hourly rate, percentage of project complete, completion of specific project tasks or a combination thereof. 6. STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under control of City only as to the result to be accomplished, but will consult with City as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At the City's election, City may deduct the indemnification amount from any balance owing to Contractor. 7. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to 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 Agreement will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City. 8. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 2 City Attorney Approved Version 6/9/15 CA1288 1 0.2.1 The City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to the City. 10.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 10.2.3 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent by certified mail pursuant to the Notice provisions of this Agreement. 10.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 10.5 Submission of Insurance Policies. City reserves the right to require, at anytime, complete and certified copies of any or all required insurance policies and endorsements. 11. BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. 12. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of City during normal business hours to examine, audit and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 13. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of City. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy of the work product for Contractor's records. 14. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in City and Contractor relinquishes all claims to the copyrights in favor of City. 4 City Attorney Approved Version 6/9/15 CA1288 15. 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 are: For City Name: Title: Dept: Pat Thomas Public Works Director Public Works CITY OF CARLSBAD Address: 1635 Faraday Avenue Carlsbad, CA 92008 Phone: 760-602-2730 For Contractor Name: Title: Address: Phone: Email: Jennifer Peterson Project Manager 15092 Avenue of Science , Ste. 200 San Diego, CA 92128 858-385-0500 jennifer.peterson@nv5.com 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. 16. CONFLICT OF INTEREST Contractor shall file a Confiict 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. 11. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and compiy with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants whose services are required by this Agreement. 18. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor wili comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 19. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten ( 1 0) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The City Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the City Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 5 City Attorney Approved Version 6/9/15 CA1288 20. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City at the address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. Either party upon tendering thirty (30) days written notice to the other party may terminate this Agreement. In this event and upon request of City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. 21. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for 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, City will have the right to annul this Agreement without liability, or, in its discretion, to deduct frorn the Agreement price or consideration, or othen.Nise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 22. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act applies to this Agreement and 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 City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. 23. JURISDICTIONS AND VENUE Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 6 City Attorney Approved Version 6/9/15 \ t CA1288 24. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon City and Contractor and their respective successors. Neither this Agreement nor any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld. 25. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. Ill Ill Ill Ill Ill Ill Ill Ill !II Ill Ill Ill Ill Ill Ill Ill Ill Ill 7 City Attorney Approved Version 6/9/15 CA1288 26. 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. Executed by Contractor this __ .l_Lf_~ __ day of __ S----'ep'-f<_em __ ~Jey-_____ ,2015 CONTRACTOR, NV5, INC., a California corporation By:~----- (sign here) CITY OF CARLSBAD, a municipal corporation of the State of California _d . ~~ By ~4(0~ M~Half ayor C?wnaco ka.sN!<r: . &_/)/'or Wa.Pr e 51~ ATTEST: (print n'ame I title) (] _(' ~UAc!~%lrso~lJLA_4~-v- city Clerk Nf\~'13""0 OB~ /(d.'Jt/l.~~ $€Cd.t£1Af...'1 (print name I title) Proper notarial acknowledgement 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. CITY OF CARLSBAD, a municipal corporation of the State of California APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: y.b:P£~· Assista~t City Attorney j)(f'"-0} 8 City Attorney Approved Version 6/9/15 NV 5 NVS, INC. CORPORATE RESOLUTION The undersigned, MaryJo O'Brien, does hereby certify, on behalf of NV5, Inc., a California corporation (the "Corporation"), that: 1) She is an officer of the Corporation and is duly authorized to respond on behalf of the Corporation; and 2) She is familiar with the corporate structure of the Corporation and its affiliates; 3) She is appointed as Secretary of the Corporation by NV5, Inc. 4) She is duly authorizing Carmen Kasner, Regional Chief Executive for NV5, Inc., to act on the behalf of the Corporation for the purpose of executing contracts with the City of Carlsbad up to a contract value of $500,000. IN WITNESS WHEREOF, the undersigned has affixed her signature this 61h day of February, 2015. CA1288 EXHIBIT "A" SCOPE OF SERVICES Perform a variety of stormwater engineering tasks as outlined in individual Project Task Description & Fee Allotments (PTD&FA#) related to the following: 1. hydrology and hydraulics studies 2. storm drain design 3. hydro modification, retention and low impact design 4. storm water management plans (SWMP) 5. storm water pollution prevenetion plans (SWPPP) 6. NPDES compliance training 7. plan review for compliance Requests for work not listed above must be contracted under separate agreement. 9 City Attorney Approved Version 6/9/15 CA1288 Rate Schedule . "---~--~--~ I £IA~E --~······~~- ~AME IIIU.\: lUl!JBI.l: BAIE I. Carmen Kasner Principal $255 2. Jennifer Peterson Engineering Manager $175 3. Phil Kern Engineering Manager $175 4. Mark Webb Engineering Manager $175 5. Justin Griffiths Senior Engineer $155 6. Shawna Bennetts Senior Engineer $155 7. Omar Atayee Senior Engineer $155 Assistant Engineer $105 Associate Engineer $126 CADD Technician Ill $115 Senior CADD Designer $145 Design Supervisor $165 EXfE.l'SSES .UES!.:BII!IIQ~ mSI ~CJ MaBKllf 1. Mileage-Outside Local Area Per Accepted IRS rate 0% 2. Plotting and In-House 1.10 x Cost 10% Reproduction '"' Subsistence 1.10 x Cost 10% .J. 10 City Attorney Approved Version 6/9/15 \