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Home My WebLink AboutEDAW Inc; 2010-03-09; PWENG 747AGREEMENT FOR ENVIRONMENTAL PLANNING SERVICES FOR THE AGUA HEDIONDA CHANNEL DREDGING PROJECT (EDAW, INCORPORATED dba EDAW 1 AECOM) c HIS AGREEMENT is made and entered into as of the 9 day of MRAch , 2010, by and between the CITY OF CARLSBAD, a municipal corporation, ("City"), and EDAW, Incorporated, dba EDAW / AECOM, a Delaware corporation, ("Contractor"). RECITALS City requires the professional services of an engineering consultant that is experienced in environmental planning. 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 wrii.ten. 3. Compensation. The total fee payable for the Services to be performed will be nine thousand nine hundred twenty four dollars and sixty cents ($9,924.60). 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 #05.06.08 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:Xn, 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 th~s 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, 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 CITY OF CARLSBAD, a municipal EDAW, INC. dba EDAW I AECOM, a corporation of the State of California Delaware corporation /)i L sign here) .12 City Manager (print name/title) (e-mail address) **BY (s n here) i city let-u If required by City, proper acknowledgment of execution by contractor must be attached. !~EJ Corporation, Agreement 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: 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 CITY OF CARLSBAD, a municipal EDAW, INC. dba EDAW I AECOM, a corporation of the State of California Delaware corporation /- \ '\city Manager or Mayor / (print nameltitle) \ - (e-mail address) ATTEST: \ /' **BYfi~ , A, / Tsign herer ''- WORRAINE M. City Clerk (e-mail address) If required by City, proper notarial acknowledgment of execut~on by contractor must be attached. Corporation, Agreement must be signed by one corporate officer from each of the following two groups. *Group A. Chairman, President, or Vice-President "'Group 6. 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. A ROVED AS TO FORM: 7 RONALD . BALL, City Attorney 1 By: \ City Attorney Approved Version #05.06.08 Exhibit "A" AECOM Design + Plannirig 1420 Kettrler Boulevard. Suite 500. Sari Dtego. Caltforiiia 92101 'r 619 23::: 1454 F 619 233 0952 www edaw corn January 27,2010 John Cahill Planning and Programs City of Carlsbad 1635 Faraday Avenue Carlsbad. California 92008 Subject: FEMA Scope Items Related to the Agua Hedionda and Calavera Creeks Channel Dredging and lmprovements Project Dear Mr. Cahill, AECOM Design + Planning (formerly EDAW, Inc.) has prepared this scope and fee to provide additional services related to the Conditional Letter of Map Revision (CL0MR)lLetter of Map Revision (LOMR) submittals for the City of Carlsbad. The proposed work is to support completion of engineering tasks for the Agua Hedionda and Calavera Creeks. These additional services include the work summarized below. Per the City's request, Brown and Caldwell (BC) has been directed by City staff to finalize the CLOMR application for the Agua Hedionda and Calavera Creeks Channel Dredging and lmprovements project for submittal to Federal Emergency Management Agency (FEMA). In addition, once the CLOMR is submitted to the FEMA, it is anticipated that there will be a review and comment period by the agency. Per our latest discussion with FEMA representatives, the review and comment period may take several months. Currently, our HEC-RAS model does tie in to the existing floodplain map associated with the revised Case # 01- 09-204P (prepared by others). BC will contact FEMA to open and review our existing file as soon as the new revisions are submitted. As a result of the FEMA mapping requirement, BC has incorporated the following into the cost proposal: 1. Coordination with FEMA Service Center to acquire and provide any additional electronic files to complete the mapping process. 2. Response to FEMA comments related to the HEC-RAS model for Agua Hedionda and Calavera Creeks Channel Dredging and lmprovements Project 3. Preparation of revised HEC-RAS files, CHECK-RAS files and changes to the CLOMR application and exhibits for final submittal. 4. Revisions to the CLOMR Technical Report and submittal for final LOMR requirements This scope has been prepared to complete these tasks under a new contract subsequent to expiration of the initial prime contract. As shown below, Table-I provides the labor hours, rates and direct costs. Mr. John Cahill January 27, 201 0 Page 2 TABLE -1 As shown, the estimated cost for the proposed scope is $9,924.60. We appreciate your consideration of this request. If you have any questions, please call me at (619) 233-1454. Sincerely, Jennifer Guigliano, EIT, CPESC, CPSWQ, REA Senior Environmental Scientist Teri Fenner Principal-in-Charge AZCOM