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HomeMy WebLinkAboutChang Consultants; 2008-09-11;AGREEMENT FOR ENGINEERING.SERVICES Concrete Lined Channel Maintenance (Chang Consultants) THIS AGREEMENT is made and entered into as of the fr day of ^o/rto/wvfljP^ 2006 . by and between the CITY OF CARLSBAD, a municipal corpdration, ("City"), and CHANG CONSULTANTS , ("Contractor"). RECITALS City requires the professional services of a Professional engineer that is experienced in preparation of plans, estimates and in obtaining resource agency permits. 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 YEAR from the date first above written. 3. Compensation. The total fee payable for the Services to be performed will be Nine Thousand Five Hundred dollars ($9,500). 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 Contradtor. 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. 6. Insurance. Contractor will obtain and maintain policies of commercial general liability insurance, automobile liability insurance, a combined policy of workers' compensation, City Attorney Approved Version #05.06.08 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 City Attorney 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. 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. City will evaluate Contractor's duties pursuant to this Agreement to determine whether disclosure under the Political Reform Act and City's Conflict of Interest Code is required of Contractor or any of Contractor's employees, agents or subcontractors. Should it be determined that disclosure is required, Contractor or Contractor's employees, agents, or subcontractors will complete and file with the City Clerk those schedules specified by City and contained in the Statement of Economic Interests Form 700. 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. Venue and Jurisdiction. 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. 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. City Attorney Approved Version #05.06.08 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 'By: CITY OF CARLSBAD, a municipal corporation of the State of California LORRAINE M. WOOD City Clerk (sign here) (print name/title) (e-mail address) 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: RONALD R. BALL, City Attorney I Deputy City Attorn City Attorney Approved Version #05.06.08 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On fc>/^\ I Date personally appeared before me, A U Here Insert Name and Title of the Officer Name(s) of Signer(s) ALISON M.MAKWHN Commission * 1520860 Notary Pubic - Cotton*) | Son Diego County f MrComm-fapfcet Octal. 200Bf Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/shQ/thoy' executed the same in his/hor/thcir authorized capacityfies), and that by his/hor/thoir signaturefs) on the instrument the person^ or the entity upon behalf of which the person^-acted, 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 hand and official seal. Signature OPTIONAL Signature of Notary Public Though 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 Attached Document Title or Type of Document: £S^M op Document Date: &[ ^U O %Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: U Individual l.i Corporate Officer —Title(s): U Partner — L3 Limited D General LJ Attorney in Fact U Trustee U Guardian or Conservator $ Other: rMr\&i^>a>l Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer's Name: C Individual LJ Corporate Officer — Title(s): D Partner — D Limited n General LJ Attorney in Fact n Trustee Ll Guardian or Conservator D Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here ©2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotary.org Item #5907 Reorder: Call Toll-Free 1 -800-876-6827 Exhibit "A" Scope of Services Channel Maintenance 1.Research scope, initial site visits, calls to agency personnel. Prepare draft meetings with city staff 2. Acquire latest applications for USACE 404 permit,CDFG 1600 streambed alteration agreement,RWQCB 401 water quality certification. Complete applications, calculate fees, process the request. Obtained adjoining property owner information and easement information. Prepare supplemental exhibits to accompany applications, including simple construction plans, cross-sections, the city maps, BMP exhibits. Determine approximate quantities of material to be removed. Take photos if necessary obtain city signatures file copies and submit all to resource agencies. 3. Follow-up with agencies, expedite processing to extent possible. Provide additional information as requested by agencies and city. Meet with agencies on site or in their offices. Hand carry submittals is necessary to expedite. 4. Address address items outside the originally anticipated scope of services based on requests of resource agencies. Provide related, but out of scope services as requested by city staff. 5. All work to be done on an hourly basis.