HomeMy WebLinkAboutHarris and Associates Inc; 2010-02-08; PWENG750PWENG750
AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES FOR
NORTHWEST QUADRANT STORM DRAIN IMPROVEMENTS
(HARRIS AND ASSOCIATES, INC.)
/ THIS AGREEMENT is made and entered into as of the ^> _ day of
^lf o ^h^u-a-^^ 2010, by and between the CITY OF CARLSBAD, a municipal
corporation, ("Ci$J'), and HARRIS AND ASSOCIATES, INC., a California corporation,
("Contractor").
RECITALS
City requires the professional services of an engineer that is experienced in civil design.
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 eight hundred twenty five dollars ($2,825.00). 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: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.
CONT
HARRI
a Califi
*By://
ASSOCIATES, INC.,
ration
CITY OF CARLSBAD, a municipal
corporation of the State of California
(sign here)City Manager orMayoi"
(print nanf$/title)
ATTEST:
-mail address)
LpRRAlWE M. WOj
ity Cle/k
>T, ^y-fA ' *
(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
Deputy City Attorney
City Attorney Approved Version #05.06.08
EXHIBIT A
Harris & Associates
Program Managers
Construction Managers
January 26, 2010 Cjvj| Engineers
Ms. Sherri L. Howard
City of Carlsbad
1635 Faraday Avenue
Carlsbad, CA 92008
Subject: Proposal for Professional Engineering Services for Continuation of
Northwest Quadrant Storm Drain Improvements in the City of Carlsbad
Dear Sherri,
The emergency repair to address the ditch failure has been reviewed and we have modified the
following task descriptions to complete the project.
SCOPE OF WORK
Task 4 Preliminary Design
4.1 Preliminary Plan
Using the topography supplied by Right-Of-Way Engineering (which has been contracted by the
City), we will prepare a plan sheet to be added to the current set for the repair. Mike will be
sending us the topography as soon as he finishes it (hopefully early next week).
4.2 Preliminary Specification and Estimate
We will adjust the Specifications and Estimate to include the necessary items for this repair.
4.3 Field Review
We will review the site to inspect current condition and determine extent of repair work.
Task 5 Final Plans, Specification and Estimate
5.2 Final PS&E
Adjust the plan according to any comments the city may have and submit an additional plan sheet
(7A), which will have all necessary information and detail, for inclusion into the current plan set.
FEES
Harris & Associates proposes to provide the above services for the total "not-to-exceed" fee
of $2,825.00. A breakdown of the proposed fees is presented for your information.
We look forward for the continued opportunity to work with the City of Carlsbad. If you have any
questions, or need additional information, please do not hesitate to contact me.
Sincerely,
Harris & Associates
Ehab S. Gerges, PE
Vice President
Cc: Javier Saunders
Bob Sutherlin
750 B Street, Suite 1800 San Diego, California 92101 619.236.1778 FAX 619.236.1179 sandiego@harris-assoc.com
City of Carlsbad
NW Quadrant
Ditch Repair - Addendum 1
Fee Proposal
DITCH REPAIR AT CREST DRIVE Harris Personnel
Task/Subtask
PD
$180
PM
$165
PE
$140
DE
$105
TECH
$85 Subtotals
Task 4.0 Preliminary Design
4.1 Preliminary Plan $1,285
4.3 Preliminary Probable Construction Cost Estimate $140
4.2 Preliminary Specifications $280
4.4 Field Review $140
Subtotal Hours =15
Subtotal ($) =$0 $165 $840 $840 $0 $1,845
Task 5.0 Final Plans, Specifications, and Estimate
5.1 100%Submittal $700
5.2 Final Specifications & Estimate $280
Subtotal Hours =
Subtotal ($) =$0 $0 $560 $420 $0 $980
Total Hours by Classification =10 12 23
Total ($) by Classification =$0 $165 $1,400 $1,260 $0
Percentage of Time Allocated (by hours) =0%4%43%52%0%$2,825
C:\Documents and Settings\showa\Local SettingsMemporary Internet Files\Content.Outlook\YL5ZYHM7\NWQuad Ditcn Repair - Addendum l.xls 01/26/2010