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HomeMy WebLinkAboutAIRX Utility Surveyors; 2012-10-24; UTIL946UTIL946 AGREEMENT FOR PROFESSIONAL SERVICES (AIRX UTILITY SURVEYORS) GREEMENT is made and entered into as of the y^/y^ day of , 2012, by and between the CARLSBAD MUNICIPAL ^TER DISTRICT, a Public Agency organized under the Municipal Water Act of 1911, and a Subsidiary District of the City of Carlsbad, ("CMWD"), and AIRX UTILITY SURVEYORS, a California corporation, ("Contractor"). RECITALS CMWD requires the professional services of an engineering consultant that is experienced in potholing services. Contractor has the necessary experience in providing these professional services, has submitted a proposal to CMWD and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, CMWD and Contractor agree as follows: 1. SCOPE OF WORK CMWD retains Contractor to perform, and Contractor agrees to render, those services (the "Sen/ices") 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 six (6) months from the date first above written. 3. COMPENSATION The total fee payable for the Services to be performed will be seven thousand five hundred fifty dollars ($7,550). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. CMWD reserves the right to withhold a ten percent (10%) retention until CMWD 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 CMWD. Contractor will be under the control of CMWD only as to the results to be accomplished. 6- INDEMNIFICATION Contractor agrees to indemnify and hold harmless CMWD 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 CMWD incurs or makes to or on behalf of an injured employee under the CMWD's self-administered workers' General Counsel Approved Version 2/17/12 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. 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 rating in the Best's Key Rating guide of at least A-:VII OR with a surplus line insurer on the State of California's List of Eligible Surplus Line Insurers (LESLI) with a rating in the latest Best's Key Rating Guide of at least 'A:X", 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 Executive 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 CMWD by certified mail. CMWD will bd named as additional insured on General Liability which shall provide primary coverage to CMWD. Contractor will furnish certificates of insurance to CMWD with endorsements to CMWD, prior to CMWD'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 CMWD or Contractor may terminate this Agreement at any time after a discussion, and written notice to the other party. CMWD 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 CMWD 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 CMWD. General Counsel Approved Version 2/17/12 13. AMENDMENTS This Agreement may be amended by mutual consent of CMWD 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 AIRX UTILITY SURVEYORS, a California corporation CARLSBAD MUNICIPAL WATER DISTRICT, a Public Agency organized under the Municipal Water Act of 1911, and a Subsidiary District of the City of Carlsbad By (sign here) rocidont, Exocutive Manager or Director (print name/title By: (sign here) (print name/title) If required by CMWD, 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: RONALD R. BALL, General Counsel General Counsel Approved Version 2/17/12 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 State of California County of. on \0h7j[9 before me, Qmnf]da 1^^^^-^'NifflyV Pui^l 1 ^ ^" 1 1—p3^g/ ' Here Insert Name and Titl6 of the Officer / personally appeared P:in t 1 YY\''WvV^^aJC\_and Sane^ tW''G\rO^ Name(s) of Signer(s) AMANDA FOSTER Coiwnittton # 19S6699 notary PuMlc-Califorfiit f Onnst County | Mjr^gi^ttpct1S.201S| who proved to me on the basis of satisfactory evidence to be the persor^ whose nameQ) \s/^ subscribed to the within instrument and acknowledged to me that he/she/i^2> executed the same in his/her/t^© authorized capacit^^sj? and that by his/her/S? signature^ on the instrument the persor^S^or the entity upon behalf of which the person(^cted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my haptd and official seal. Place Notary Seal Above Signature: OPTIONAL Signature of Notac Thouqh 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. Description of AttachedDocument Signer(s) Other Than Named Above: Description of AttachedDocument p >^ n ^, . Title or Type of pr..,,^^r..r\arO/'m(in\ ' ^ ' -[ Number of Pages: O -^CXCJ(^ Document Date: Capaclty(ies) Claimed by Signer(s) Signer's Name: . • Corporate Officer — Title(s): ' • Individual Signer's Name: • Corporate Officer — Title(s): • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer Is Representing: • Individual RIGHT THUMBPRINT 1 OF SIGNER • Partner — • Limited • General Top of thumb here • Attorney in Fact • Trustee • Guardian or Conservator n nthpr- Signer Is Representing: 12010 National Notary Association • NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 U R V t" Y O R S EXHIBIT A 2534 East El Norte Parkway, Suite C, Escondido, CA 92027 PH 760-480-2347 FAX 760-739-8034 October 23, 2012 Sherri Howard, Associate Engineer City of Carlsbad Utilities Engineering Division 1635 Faraday Avenue Carlsbad, CA 92008 Project: Park Drive Water Pipeline & Surface Improvements (South of Adams) Ms. Howard, AIRX Utility Surveyors, Inc. (AIRX) submits the following Agreement Proposal for the subject project to locate existing utilities. Available tasks are described below. See the attached fee summary sheet for the assumed task requirements and fee estimates. AIRX shall provide locating, potholing, traffic control services and all materials in support of this mission. No equipment shall be left on site and all materials and work for a given work area will be opened and completed on a daily basis. Project Management Report Preparation. Research & Drafting AIRX provides a civil engineer for project management, record research, pre-marking, and field meetings. Utility record research, land survey and drafting services in Auto CAD are also available. Potholing (Level A) . , A AirX Fees to pothole existing utilities vary according to depths. AIRX will pothole to the top of pipes, and to the top and bottom of encasements, however the bottom depths of pipes will need to be calculated. PothoUng includes excavation, visual observation, setting witness point, backfill, patching and documentation of depths and location of the utility on a record data sheet AIRX assumes a depth for this estimate but the final invoicing will reflect the actual cost and depths found. See the attached summary sheet for estimated depths and costs. (Locating will be provided in the first phase of the utility investigation followed by potholing by plotting and further analysis) Geophysical Locating (Level B) AIRX will pre-mark all of tiie potiiole locations and notify Underground Service Alert (USA). AIRX will potiiole tiie facilities as marked out by the various locators that respond to a call from USA. AIX will request directions from you, if no utilities are located by the appropriate agency and cannot be verified by AirX at tiie marked demarcated location. It is our experience that the location of PVC and ACP water utilities are often the most difficult to determine for pothole operations. AIRX can provide locating crews tiiat carty many different pieces of locating equipment, including ground penetrating radar and CCTV locating camera equipment. The equipment is state of the art, but Umitations exist with each piece of equipment depending on such factors as soil conditions, conductivity of tiie existing utility, deptii of tiie utility, size of the utility, and congestion within the area of other utilities. USA does not mark out any gravity utilities except at the discretion of the presiding utility. This usually applies to storm drain, collector sewer and sewer laterals (gravity by nature), and some utility owners are not members of USA. AIRX provides duct rod locating with a sonde tiansmitter and receiver or using a tractor driven CCTV locating system. For CCTV work call for a quote. Utility Locating bv Surface Visible Feature Survey (Level C) AIRX will provide the incorporation of visible features into tiie Level B survey. It is assumed that a topographic mapping with the incorporation of surface feamres and utility mark outs, manholes, valve box covers, vaults, hand holes, pedestals, switches, transformers, placarded panels and meters will already have been performed and made available to AirX. AirX will check and annotate on tiie plotted utility survey or civil drawing the approximate location of undocumented facilities for later identification by land surveyors. (Land survey and mapping is to be provided by others this contract). Additional Fees • It must be understood tiiat all permits, fees or deposits are not easily predictable in advance and are not included. • The payment terms under tiiis Proposal are 30 days from date of invoicing; a 1.5% per month fee tiiereafter. • This estimate excludes tiie provision for prevaiMng wage apphcable to all field work. • This estimate provides for resurfacing of streets with rapid set concrete or cold mix asphalt. Pricing may change if alternate patching procedures are required by local agencies. • Potiioling pricing is based on utility depth and may vary accordingly. Please feel free to call if you have any questions regarding our operation or this Agreement Proposal. Sincerely, AIRX Utility Surveyors, Inc. License No. 830790 A Gail McMorran Approved by: President. Client: XBD2012-148 Park Drive Potiioling - City of Carlsbad AIRX Utility Surveyors, Inc. Fee Estimate Summary October 17, 2012 Local Pricing on this document is valid for 90 days from the date above. Project: Park Drive Water Pipeline & Surface Improvements (South of Adams) Attn: Sherri Total Number of estimated potholes: 7 Project Managennent On site research/Report drafting Potholing* Potholes less than 5' deep Potholes 5'to 8'deep Potholes 8' to 11' deep Potholes 11' to 14' deep Potholes greater than 14' deep Travel: 2 Hydro Trucks and Crew Wet & Dry Utility Locating Locating -1 Man & Equipment Locating - 2 Men & Equipment Traffic Control Traffic control plans Traffic control equipment Arrow board Flagman No. Flagmen Surveying Field Work (2 Man Crew) Office Calculation Travel (including markout & no parks) Concrete and Asphalt Patching Concrete Rapid Set or asphalt cold mix Asphalt Hot Patch Coring -14" Diameter No.: m:G.G,2:. hours at $125 Derhour= $250 No.: 3 hours at ^ perhour= $225 Project Management & Report Preparation Total: $475 No.: at $600 per hole= $4,200 No.: 0 at $800 oer hole= $0 No.: 0 at $1,000 Derhole= $0 No.: 0 at $1.200 per hole= $0 No. hrs: 0 at $250 per hole= $0 No.: at $175 Dertrip= $350 Pothole estimate total: $4,550 No. hrs: m-:^GGM at $175 per hour $350 No. hrs: 0 at $225 per hour $0 Locating estimate total: $350 No.: 3 at $200 $600 No.: 2 days at $150 perday= $300 No.: 0 days at $100 perday= $0 $35 per hour for 16 hOUrs = $560 Traffic control estimate total: $1,460 0 0 at $240 per hr at $140 perhr $0 $0 £ at ^ per trip $190 Surveying estimate total: $190 No.: 7 at $Z5 each = $525 No.: 0 Call for Quote $0 No.: 0 at $100 each = $0 Patching estimate total: $525 Estimate Total $7,550 Average price per pothole less locating: $1.029 Additional Fees & NolesT All permits, licenses, fees and ensuing expenses are to be oa/d in advance bv the Client 1) ALL permit or traffic control review, deposits and fees are in addition to the Estimate Total 2) Payment terms are 30 days from date of invoice, 1.5% per month thereafter. 3) Pothole pricing is dependent on depth and may vary more or less accordingly. Authorization: XBD2012-148 Park Drive Potholing - City of Carlsbad Fee Schedule 2 - 08-01-2012