HomeMy WebLinkAboutGVP Consulting Inc; 2007-11-02;AGREEMENT FOR ENGINEERING SERVICES
KELLY DRIVE CHANNEL MAINTENANCE
(GVP Consulting, Inc.)
THIS AGREEMENT is made and entered into as of the rV '-""^ day of
20(^7. by and between the CITY OF CARLSBAD, a municipal
corporation, ("City"), and GVP Consulting, Inc., a California corporation, ("Contractor").
RECITALS
City requires the professional services of a professional engineer that is experienced in
preparation of plans and 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 six (6) months from the date first
above written.
3. Compensation. The total fee payable for the Services to be performed will be on a time
and materials basis with the total not to exceed five thousand dollars ($5,000). 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.
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
City Attorney Approved Version #11.28.06
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-:V in an amount of not less than five hundred
thousand dollars ($500,000) 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
and Automobile 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 #11.28.06
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
GVP CONSULTING, INC.,
a California corporation
CITY OF
corporation
By:
(sign here)
ATTEST?
(print name/title)
\\JfaQQa\JDCtf&ulVm. CW1
(sign here)
(print name/title)
(e-mail address)
If required by City, proper notarial acknowledgment of execution by contractor must be attached. Jf_
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: £.
City Attorney Approved Version #11.28.06
SECRETARY'S CERTIFICATE
I, Mary F. Van Peski, Secretary of GVP CONSULTING, INC., a California corporation,
do hereby certify that at a meeting of the Board of Directors of said corporation, duly held on
April 5, 2006, the following resolution was unanimously adopted:
RESOLVED, that the President, Glen K. Van Peski, OR the Secretary, Mary F. Van
Peski, acting alone, are hereby authorized to sign any and all documents required on-behalf of
this corporation.
I HEREBY CERTIFY that the above authority is still in force and effect.
Datefcf 7
7 .~
K/lary R Van Peski, Secretary
GVP CONSULTING, INC.
a California corporation
EXHIBIT'A'
SCOPE OF SERVICES
KELLY DRIVE CHANNEL CLEANOUT
Provide Consulting Engineering Project Management Services as necessary to prepare and
process applications to resource agencies to allow the cleaning of the Kelly Drive concrete-lined
channel. Services to be provided on a time and materials basis.
SCHEDULE OF HOURLY RATES
City of Carlsbad Consulting Engineering Services
Principal Registered Engineer $105/hr.
Estimated Scope:
Meetings and Coordination
Research scope, initial site visits, calls to agency personnel. Prepare draft Professional
Services Agreement. Meetings with City staff.
Estimate: $840
Resource Agency Applications
Download latest applications for USAGE 404 permit, CDFG 1600 streambed alteration
agreement, RWQCB 401 water quality certification. Complete applications, calculate
fees, process fee request. Obtain adjoining property owner information. Prepare
supplemental exhibits to accompany applications, including simple construction plans,
cross-sections, vicinity map, BMP exhibits. Determine approximate quantities. Take
additional photos if necessary. Obtain City signatures, make file copies, submit to
agencies.
Estimate: $1,680
Processing
Follow-up with agencies, expedite processing to extent possible. Provide additional
information as requested by agencies. Meet with agencies onsite or in their offices.
Hand carry submittals as necessary to expedite.
Estimate: $1,050
Contingencies
Address items outside the originally anticipated scope of services, based on requests of
resource agencies. Provide related, but out of scope services requested by City staff.
Estimate: $1,260
NOT TO EXCEED: $5,000
NCORPORATEDGVPCONSULTING
October 8, 2007
Mr. Don Wasko, Wastewater Superintendent
City of Carlsbad Maintenance and Operations
5950 El Camino Real
Carlsbad, California 92008
Re: Kelly Drive Channel Cleanout
Proposal for Consulting Engineering Services
Dear Mr. Wasko:
Thank you for the opportunity to propose engineering services. I enjoy working with City staff,
and have acquired more experience than I ever expected in obtaining permits from the resource
agencies in connection with the Agua Hedionda channel dredging project. After talking to the
Department of Fish and Game, I don't believe the strategy discussed in our meeting, of
informing the agencies we were going to clean the channel and didn't need permits, is a viable
option. The City will be dealing with the resource agencies for many years, and I think it's ill-
advised to proceed without permits, after having been advised that we need them. I did some
preliminary research in the Fish and Game sections of California law, and it appears that they
have a case for jurisdiction. Therefore, I have prepared my proposal to include the preparation
and processing of agency applications. I have assumed that based on the proposed activities
and the proposed conditions, the applications will be relatively streamlined.
I have assumed that the CEQA conformance (likely a categorical exemption) and Coastal
Commission processing will be performed by City staff. But I have included some time for
contingencies in case my assistance is desired. Due to some unknowns in the exact scope of
services, the proposal has been set up on an hourly basis, so the City only pays for actual
services needed and performed. Based on the estimated time, I have placed a not-to-exceed
limit of $5,000. If this proposal is satisfactory, I can prepare a draft Professional Services
Agreement per the City boilerplate.
I look forward to providing you consulting engineering services for this project.
Sincerely,
GVP Consulting, Inc.
Glen K. Van Peski, P.E.
President
GVP Consulting, Inc. * 3764 Cavern Place » Carlsbad, CA 92010 * ph: 760.720.0500 • fx: 760.720.2282 • www.gvpconsulting.com