HomeMy WebLinkAboutSan Dieguito Engineering Inc; 2017-01-31; UTIL1518AGREEMENT FOR LAND SURVEYING SERVICES
(SAN DIEGUITO ENGINEERING, INC.)
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-.THIS AGREEMENT is made and entered into as of the ~ l <i-t-day of
~ti\lh.J"'Q4 , 2017, by and between the CITY OF CARLSBAD, a municipal
corporation, ("C1ty '), and SAN DIEGUITO ENGINEERING, INC, a Cahforn1a corporation,
("Contractor").
RECITALS
City requires the professional services of a land surveyor that is experienced in preparation
of land survey documents including plats and legal descriptions for easements. 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 1 (one) year from the date first above written.
3. COMPENSATION
The total fee payable for the Services to be performed will not exceed four thousand three hundred
dollars ($4,300). 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 attorney's
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.
CONTRACTOR
SAN DIEGUITO ENGINEERING, INC., a
California corporation
By:
I»J.oe&~J k.¥toe<> , V\CE ?~' Pt:.N{
(print name/title)
CITY OF CARLSBAD, a municipal
corporation of the State of California
By:
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: tun~
Deputy City Attorney
City Attorney Approved Version 4/1/15
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Annie S.
January 11, 2017
Mark Biskup
City of Carlsbad
1635 Faraday Avenue
Carlsbad, CA 92008
EXHIBIT A
PLS
PW5370.02
Subject: Proposed Amendment to the NCTD Easement for the Southern California Gas
Pipeline Relocation Project (L-1026}, Cabrillo/NRG Reclaimed Water
RE: SDE Land Surveying Services
Mr. Biskup,
San Dieguito Engineering, Inc. (SDE} is submitting this proposal for land surveying services to prepare
an Amended NCTD easement legal description and plat for "Parcel A-1" of Document No. 1999-
0715257, located within the City of Carlsbad. The scope and estimated cost for this service is as
follows:
Scope of Work:
06A: SDE will revise the metes and bounds legal description (Third Amendment), together with a
plat, for the proposed realignment of the Southern California Gas Pipeline located on North
County Transit District Property for the L-1026 Relocation Project, Agua Hedionda Lagoon.
Estimated cost: $600 (NTE}
06B: Prepare a metes and bounds legal description and plat for a Reclaimed Water line easement
over that portion of Parcel4 as described in Certificate of Compliance recorded 10/30/2001
as Document Nos. 2001-0789067 & 2001-789068, of Official Records, as shown on Record of
Survey 17350.
Estimated cost: $1,200 (NTE)
06C: Miscellaneous legal description, land survey services, revisions, and consultation, as
requested.
Estimated Cost: $2,500 (NTE)
Total Estimated Cost: $4,300 (NTE)
INC
sdeinc.com
858-~34t1-114~3 I 7Bl1!=l43 82361ax I 462 Stevens Avenue 1 Surt>3 :305 Sulunn Bc:arfl, CA 92075
Assumptions:
1. Current Title Reports, Existing Easements, and Grant Deeds of affected property owners shall
be provided by the City, if available.
2. CAD file containing the proposed sewer easement boundary shall be provided by the City, if
available.
3. Front End Documents shall be prepared by others.
4. The City will be responsible to contact affected property owners to obtain their signature on
the documents.
Exclusions:
1. Recordation of the final easement documents shall be done by others.
2. Subordination of easements, if required, shall be done by others.
SDE utilizes Microsoft Word 2010, AutoCAD Civii3D'M 2012 to produce legal descriptions and
easement plats.
We look forward to working with the City of Carlsbad. Please feel free to contact me should you
have any questions.
Sincerely:
San Dieguito Engineering, Inc.
~~ll. _l
Andrew G.:I::s
Principal Surveyor
SAN DIEGUITO ENGINEERING, JNc.
sdeinc.com
858 ]45-i 149 I 760.943.8236 tax I 462 Stevens Avenue I Suite 305 ! SD!ana Beach. CA 92075