HomeMy WebLinkAboutD-Max Engineering Inc; 2009-06-04; PWENG689PWENG689
AGREEMENT FOR WATERSHED ACTIVITY ADDITIONAL STUDY SERVICES
(D-MAX ENGINEERING, INC.)
THIS AGREEMENT is made and entered into as of the i _ day of
{CftAMJL _ , 20 Off . by and between the CITY OF CARLSBAD, a municipal
corporaHJon , (City") , and D-MAX ENGINEERING, Inc., a California corporation, an
Environmental Consultant, ("Contractor").
RECITALS
City requires the professional services of an Environmental Consulting Firm that
is experienced in Data Analysis. 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 for the Services to be performed will be
two thousand one hundred dollars ($2,100). 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.
City Attorney Approved Version #05.06.08
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, 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.
City Attorney Approved Version #05.06.08
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
D-MAX ENGINEERING, INC.,
a California corporation
CITY OF CARLSBAD, a municipal
corporation of the State of California
(sign here)City Manager or Mayor
or Authorized Signatory
(print name/title)
try
ATTEST:
(e-mail address)
"By:
(sign here)
(print name/title)
-LORRAINE M. WOOD
City Clerk xvor:
££/"
^*%>'•
(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
By:.
Deputy City Attorney
City Attorney Approved Version #05.06.08
D-MAX Engineering, Inc.
Consultants in Water & Environmental Sciences
May 26, 2009
Rhonda Heather
Associate Contract Administration
City of Carlsbad
1635 Faraday Avenue
Carlsbad, CA 92008-7314
Dear Ms. Heather:
Please be advised that I serve as the President and the Secretary of D-MAX Engineering,
Inc., a California corporation. I am legally authorized to sign documents on behalf of the
company as the President and the Secretary.
Sincerely,
D-MAX Engineering, Inc.
Arsalan Dadkhah, Ph.D., P.E.
President
7220 Trade Street • Suite 119 • San Diego, CA 92121 • (858) 586-6600 • Fax (858) 586-6644
EXHIBIT "A"
D-MAX Engineering, Inc.
Consultants in water & environmental sciences
April 8, 2009
Project No. 200926W
John McKelvey
City of Carlsbad
1635 Faraday Avenue
Carlsbad, CA 92008
Re: Analysis of 2003-2008 Additional Study Data
City of Carlsbad, California
Dear Mr. McKelvey:
D-MAX Engineering, Inc. (D-MAX) is pleased to submit this proposal to analyze data from
the City of Carlsbad's Additional Study conducted from 2003 to 2008. The following will be
incorporated into the report, which will be titled City of Carlsbad Watershed Activity
Additional Study Summary Report, 2003-2008.
1) A GIS map of the Additional Study locations will be included with the report and
referenced in the Table of Contents.
2) Statistical analyses such as minimums, maximums, medians, means, and standard
deviations will be performed. Data from 2003 to 2008 will be used to create graphs
for each of the parameter listed below, for a total of 12 graphs.
Specific conductance
Temperature
Turbidity
pH
Orthophosphate-Phosphorus
Nitrate-Nitrogen
Ammonia Nitrogen
Surfactants (field test)
Total Coliform
Fecal Coliform
Enterococcus
Zinc (dissolved)
Within each graph, data will be organized by site and then by year to illustrate
changes in parameter levels over time. Where potential trends are apparent,
assessments of statistical significance will be completed. In the history of this
additional monitoring program, diazinon, chlorpyrifos, cadmium, copper, and lead
have not been detected, and oil and grease and copper have been detected only
once each. Therefore statistical analyses and graphs will not be provided for these
constituents, but language noting they have almost never been detected will be
included. All statistical data and graphs will be included in the report as Section 3.
7220 Trade Street • Suite 119 • San Diego, CA 92121 • (858) 586-6600 • Fax (858) 586-6644
John McKelvey
City of Carlsbad
April 8, 2009
Page 2
3) Section 3 of the report will include a discussion of the data, statistics, and graphs.
Any trends, especially as related to watershed high priority water quality problems,
will be included in the discussion.
4) One hard copy of the draft report will be submitted to the City for review.
5) We will incorporate one round of comments, after which the final report will be
prepared. The City will be provided two hard copies of the report, updated to include
the content described in this proposal, and two CDs including electronic copies of the
report and the 2003-2008 dataset in a Microsoft Excel worksheet format.
We propose to perform the above scope of work on a time and materials basis (not to
exceed $2,100) in accordance with the attached Schedule of Fees. Please give us a call if
you have any questions or would like to discuss this proposal.
Sincerely,
D-MAX Engineering, Inc.
Arsalan Dadkhah, Ph.D., P.E.
Principall
SCHEDULE OF FEES
January 1,2009
This Schedule of Fees will be adjusted periodically. The new fee schedule will apply to all existing
and new work.
LABOR
Classification Hourly Rate
Clerk* $ 50
Word Processor* 55
Drafter* 65
Technician* 65
Senior Technician* 75
Staff Scientist/Engineer 85
Assistant Project Scientist/Engineer 95
Project Scientist/Engineer 110
Senior Scientist/Engineer 120
Principal Scientist/Engineer 140
OTHER CHARGES
Subcontracted services, such as sub
consultants, outside testing, drilling, and
surveyors, will be charged at cost plus
15%. Other project-specific costs, such as
rentals, expendable or special supplies,
special project insurance, permits and
licenses, shipping, subsistence, tolls and
parking, outside copying/printing, etc.,
will be charged at cost plus 15%. Mileage
will be charged at a rate of $0.63 per mile.
Client will be responsible for any
applicable taxes in addition to the fees due
for Services.
* Overtime (in excess of 8 hours per day)
and weekend hours will be charged at 1.5
times the above rates for non-exempt
personnel.
Field and hourly services will be charged
portal to portal from our office, with a
two-hour minimum.
Appearance as expert witnesses at court
trials, mediation, arbitration hearings and
depositions will be charged at $200/hour.
Time spent preparing for such appearances
will be charged at the above standard
hourly rates.
SF-1