HomeMy WebLinkAboutHarris and Associates Inc; 2012-05-29; UTIL877UTIL877
AGREEMENT FOR ENGINEERING SERVICES
(HARRIS AND ASSOCIATES, INC.)
i^AGREEMENT is made and entered into as of the ^"6^ day of
V Y 2012, by and between the CITY OF CARLSBAD, a municipal
corporation,/f'City"), and HARRIS & ASSOCIATES, INC., a California corporation,
("Contractor").
RECITALS
City requires the professional services of a civil engineering contractor that is
experienced in storm drain 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. COIVIPENSATION
The total fee payable for the Services to be performed will be four thousand nine hundred fifty
dollars ($4,950). 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 ofthis Agreement.
City Attorney Approveel Version 2/17/12
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 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. 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
Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the
requirements of the City of Carlsbad 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 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.
Il- JURISDICTIONS AND VENUE
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 2/17/12
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
HARRIS & ASSOCIATES, INC.,
a California corp^raifon
(sign here)
(print nameAitle)
CITY OF CARLSBAD, a municipal
corporation of the State of California
By:
Gity Managor or Mayor or Director
By:
(sign here)
(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:
RONALD R. BALL, City Attorney
By:
Asksistant City Attorn
City Attorney Approved Version 2/17/12
CERTIFICATE OF THE PRESIDENT
OF
HARRIS & ASSOCIATES, INC.
Authorization to Enter into Contracts and Proposais
Pursuant to the authority granted by Section 5.3 of the Bylaws of Harris & Associates, Inc., a Califomia
corporation ("Company"), and the delegation of authority by the Board of Directors of the Company, to the
President, the undersigned, as President, hereby authorizes the individuals named below to have the authority to
enter into contracts and proposals and incur obiigations in the amounts set forth below for contracts with
acceptable risk. Those contracts that have questionable risk must be elevated to the Regional Manager and CFO
for review and approval. These individual authorities shall remain in effect until the designated individual's
employment or position is terminated, or the signing authority is revoked, changed or amended by a duly
executed Certificate of the President.
Contracts and Proposais in Unlimited Amounts;
Lisa V. Larrabee President/CEO
Gary Wohl Chief Financial Officer
Contracts and Proposals UP to Fifteen Million Dollars ($15,000,000):
Michael A. Motil Region Manager - Pacific Mountain
Neil McCosker Region Manager - Northern California
Byron G. Tobey Region Manager - Southern Region
Contracts and Proposals up to One Million DoUars ($1,000,000);
Brett E. Bamett Isaac C. Dee
Robert Guletz Christopher J. Dunne
Ehab S. Gerges Edward K. Kozlowski
Dana O. LeSher Vemon A. Phillips
Kim Sloat
Marie A. Shockley - Employee benefit related contracts only
Contracts and Proposals up to Five Hundred Thousand Dollars ($500.000);
Rick L. Damley Randall Berry
David Breen Julius P. Feher
William Little III K. Dennis Klingelhofer
Russell Moore E. Javier Saunders
Patrick Skrabanek
Contracts and Proposals UP to Five Thousand Dollars ($5,000);
Rani Benskin Elizabeth A. Nystrom
Cynthia A. Laffoon Denise M. Owen
Jennifer Saldivar
IN WITNESS WHEREOF, the undersigned has executed this Certificate of the President as of this
Il_ day of T)^U^k€^ . 20n
,(A/JrJtA'
Lisa V. Larrabee, President/CEO
2012 January Certificate Authorizing Signmg Authority
Harris & Associates
Exhibit "A"
Harris & Assodates,
Shaping the Future^ One
May 14, 2012
Ms. Sherri Howard
City of Carlsbad
1635 Faraday Avenue
Carlsbad, CA 92008-7314
Subject: Proposal for Professional Engineering for Highland Avenue Inlet Design
Dear Sherri,
Harris & Associates (Harris) presents this contract scope for this project. This will allow for the design of an
additional inlet west of the previously installed inlet on Highland Avenue that flows to James. The current inlet
has an existing 10" outlet pipe that was lined. The new inlet will be designed as a either a slotted drain or a Type
G grated inlet, as installation of a Type B inlet does not appear to be feasible at this location without moving
several water meters and a mailbox,
SCHEDULE
Harris will begin work once the NTP has been issued. We have obtained the topographic survey from Right-of-
Way Engineering and are ready to begin. We will provide two submittals, a 60% (with plans and estimate) and a
Final (with plans, estimate, and technical specification) as shown on the enclosed estimate.
FEE
Harris proposes to provide the additional services for the lump sum "not-to-exceed" fee of $4,950. This amount
is in addition to the original contract amount. These services will be accomplished per our current contract with
the City and fees will be invoiced monthly. All printing and miscellaneous costs are included in the above fees.
We appreciate this opportunity to be of service to the City of Carlsbad,
Sincerely,
Harris & Associates
Bob Sutheriin, PE
Project Manager
750 B Street, Suite 1800 San Diego, California 92101 619.236.177!
sandiego@harris-assoc.com
Fax 619.236,1179
HARRIS & ASSOCIATES City of Carlsbad
Northwest Quadrant - Amendment No. 2
Highland/James Inlet
Page 1
Harris & Associates
Task/Subtask
PD PM PE DE TECH
Subtotals Task/Subtask $220 $200 $160 $115 $95 Subtotals
Phase 1 60% Design
Conceptual improvement Plan 0.5 2 8 $1,340
Probable Engineering Estraate 2 $320
0.5 $100
Phase n Final Design
Final Improvement Plans 0.5 16 $2,260
Final Specification and Estimate 2 $830
QC Review 0.5 $100
Total Hours by Classification = 0 2.0 10 24 2 38
Total ($) by Classification = $0 $400 $1,600 $2,760 $190
Percentage of Time Allocated (by hours) = 0% 5% 26% 63% 5%
$4,950
l:\Projects\Carlsbad\Northwest Quad Storm Drains\Addendum #2 - Highland James lnlet\Phase 2 Amendment #2 Estimate - Highland and
James