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Home My WebLink AboutDHK Engineers Inc; 2015-11-05; UTIL1272UTILI 272 AGREEMENT FOR ODOR SCRUBBER PERMITTING SERVICES DHK ENGINEERS, INC. fHIS AGREEMENT is made and entered into as of the S day of Ui/ 8M/lf./^. 2015, by and between the CITY OF CARLSBAD, a municipal c6f|5oration, ("dty"), and DHK ENGINEERS, INC., a California corporation ("Contractor"). RECITALS City requires the professional services of an engineenng firm that is experienced in the development of the APCD Air Permit for an Odor Scrubber. 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 (1) year from the date first above written. 3. COMPENSATION The total fee payable forthe Services to be performed will be two thousand eight hundred dollars ($2,800). 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 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 UTIL1272 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-:VH"; 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 othenwise 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 fumish 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 Carisbad 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 Carisbad 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, ef seq., and Carisbad Municipal Code Sections 3.32.025, et seq. Contractor further acknowledges that debarment by another jurisdiction is grounds for the City of Carisbad to terminate this Agreement. 11. JURISDICTIONS AND VENUE Contractor agrees and stipulates that the proper venue and jurisdiction for resolution ofany disputes between the parties arising out of this Agreement is the State Superior Court, San Diego County, Caiifornta. 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 City Attorney Approved Version 4/1/15 UTIL1272 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 term s and conditions of this Agreement. CONTRACTOR: DHK ENGINEERS, INC., a California corporation (sign here) ^ Donald King / President CITY OF CARLSBAD, a municipal corporation of the State of California By: Patrick A. Thomas / Public Works Director (print name/title) By: iqn nt (sign here) Kathleen M. King / Secretary (print name/title) 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 Attomey By:. •Assistant City Attorney City Attorney Approved Version 4/1/15 Exhibit "A" July 24, 2015 Mr. Mark Biskup City ofCarlsbad Public Works- Engineering 1635 Faraday Avenue Carlsbad, CA 92008 Re: Buena Outfall Odor Scrubber Permitting Assistance Dear Mark: As a follow-up to our discussion regarding the Buena Outfall Force Main System (BOFMAS) near Lowe's Shopping Center past investigations and near-term improvement program, DHK Engineers, Inc. (DHK) appreciates the opportunity to assist the City of Carlsbad in the development of the APCD Air Permit for the Odor Scmbber to be located behind the Lowe's Shopping Center. The following outlines the scope and estimated fees based upon our discussion: Task 1: APCD Permitting: DHK will complete the APCD application package complete with calculations and supplemental forms, site maps, and supporting documentation for the new two-stage biological scrubber. The City will provide the application check for the submittal package. Estimated level of effort is 16 hours $175 for a total of $2,800. If you have any questions, please do not hesitate to contact our office at 760-747-9553. Very tmly yours, mjk ENGINEERS, INC. Donald King, P.E. Project Manager DHK;sky Buena Outfall Odor Control APCD Permitting 7-24-15 1851 SKYHILL PLACE, ESCONDIDO, CALIFORNIA 92026 760-747-9553 CERTIFICATE OF EXEMPTION WORKERS' COMPENSATION/EMPLOYERS' LIABILITY INSURANCE I, DONALD KING, am the owner of DHK ENGINEERS, INC. I hereby certify that DHK ENGINEERS, INC. has no employees and is not required by law to maintain workers' compensation or employers' liability insurance. Should DHK ENGINEERS, INC. employ any person during the term of the Contract with the City of Carlsbad for ODOR OUTFALL SCRUBBER PERMITTING SERVICES, then workers' compensation and employers' liability insurance will be obtained. DHK ENGINEERS, INC. Donald King - Owner Name Signature {Of ^-cV iS Date^^ I