HomeMy WebLinkAboutKennedy / Jenks Consultants INC; 2008-06-18; PWENG648PWENG648
AMENDMENT NO.1 TO EXTEND THE AGREEMENT FOR
EL CAMINO REAL WATER MAIN, PROJECT NO. 3843
(KENNEDY/JENKS CONSULTANTS, INC)
This Amendment No.1 is entered into and effective as of the (-\ day of
_ , 20Q.CQ., extending the agreement dated June 18, 2008, (the
"Agreement") by and between the City of Carlsbad, a municipal corporation, ("City"), and
Kennedy/Jenks Consultants, Inc., a California corporation, ("Contractor") (collectively, the
"Parties").
RECITALS
A. The Parties desire to extend the Agreement for a period of one (D Year; anc'
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, City and Contractor agree as follows:
1. The Agreement, as may have been amended from time to time, is hereby
extended fora period of one (1) year ending on June 18, 2010.
2. All other provisions of the Agreement, as may have been amended from time to
time, shall remain in full force and effect.
3. All requisite insurance policies to be maintained by the Contractor pursuant to the
Agreement, as may have been amended from time to time, shall include coverage for this
Amendment.
City Attorney Approved Version #05.22.01
4. The individuals executing this Amendment and the instruments referenced 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 hereof of this Amendment.
CONTRACTOR
KENNEDY/JENKS CONSULTANTS,
INC., a California corporation
CITY OF CARLSBAD, a municipal
corporation of the State ^California
By:
(sign here)
DAVID D. KENNEDY ¥LC£-EJ£SIDENT
City Manager or Mayor
or Authorized Signatory
(print name/title)ATTEST:
(e-mail address)
>By:LORRAINE M. WOOD
City Clerk
(sign here)
DONALD R. WEIDEN SECRETAK
(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
Bv:
Deputy City Attorn*
City Attorney Approved Version #05.22.01
PWENG648
AGREEMENT FOR ENGINEERING SERVICES FOR
EL CAMINO REAL WATER MAIN, PROJECT NO. 3843
(KENNEDY/JENKS CONSULTANTS, INC.)
THIS AGREEMENT is made and entered into as of the day of
, 20Q6 . by and between the CARLSBAD MUNICIPAL WATER
DISTRICT, a Public Agency organized under the Municipal Water Act of 1911,
and a Subsidiary District of the City of Carlsbad, referred to as ("CMWD"),
and KENNEDY/JENKS CONSULTANTS, INC., a California corporation ("Contractor").
RECITALS
A. CMWD requires the professional services of a civil engineer that is
experienced in design of water pipelines.
B. Contractor has the necessary experience in providing professional
services and advice related to water pipeline design.
C. Selection of Contractor is expected to achieve the desired results in an
expedited fashion.
D. Contractor has submitted a proposal to CMWD and has affirmed its
willingness and ability to perform such work.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, CMWD and Contractor agree as follows:
1. SCOPE OF WORK
CMWD retains Contractor to perform, and Contractor agrees to render, those services
(the "Services") that are defined in attached Exhibit "A", which is incorporated by this
reference in accordance with this Agreement's terms and conditions.
2. STANDARD OF PERFORMANCE
While performing the Services, Contractor will exercise the reasonable professional
care and skill customarily exercised by reputable members of Contractor's profession
practicing in the Metropolitan Southern California Area, and will use reasonable
diligence and best judgment while exercising its professional skill and expertise.
3. TERM
The term of this Agreement will be effective for a period of one (1) year from the date
first above written. The Executive Manager may amend the Agreement to extend it for
one (1) additional one (1) year period. Extensions will be based upon a satisfactory
review of Contractor's performance, CMWD needs, and appropriation of funds by the
CMWD Board of Directors. The parties will prepare a written amendment indicating the
effective date and length of the extended Agreement.
4. TIME IS OF THE ESSENCE
Time is of the essence for each and every provision of this Agreement.
General Counsel Approved Version #05.06.08
5. COMPENSATION
The total fee payable for the Services to be performed during the initial Agreement term
will be twenty six thousand three hundred dollars ($26,300). No other compensation for
the Services will be allowed except for items covered by subsequent amendments to
this Agreement. CMWD reserves the right to withhold a ten percent (10%) retention
until CMWD has accepted the work and/or Services specified in Exhibit "A".
Incremental payments, if applicable, should be made as outlined in attached Exhibit "A".
6. STATUS OF CONTRACTOR
Contractor will perform the Services in Contractor's own way as an independent
contractor and in pursuit of Contractor's independent calling, and not as an employee of
CMWD. Contractor will be under control of CMWD only as to the result to be
accomplished, but will consult with CMWD as necessary. The persons used by
Contractor to provide services under this Agreement will not be considered employees
of CMWD for any purposes.
The payment made to Contractor pursuant to the Agreement will be the full and
complete compensation to which Contractor is entitled. CMWD will not make any
federal or state tax withholdings on behalf of Contractor or its agents, employees or
subcontractors. CMWD will not be required to pay any workers' compensation insurance
or unemployment contributions on behalf of Contractor or its employees or
subcontractors. Contractor agrees to indemnify CMWD and the City of Carlsbad within
thirty (30) days for any tax, retirement contribution, social security, overtime payment,
unemployment payment or workers' compensation payment which CMWD may be
required to make on behalf of Contractor or any agent, employee, or subcontractor of
Contractor for work done under this Agreement. At CMWD's election, CMWD may
deduct the indemnification amount from any balance owing to Contractor.
7. SUBCONTRACTING
Contractor will not subcontract any portion of the Services without prior written approval
of CMWD. If Contractor subcontracts any of the Services, Contractor will be fully
responsible to CMWD for the acts and omissions of Contractor's subcontractor and of
the persons either directly or indirectly employed by the subcontractor, as Contractor is
for the acts and omissions of persons directly employed by Contractor. Nothing
contained in this Agreement will create any contractual relationship between any
subcontractor of Contractor and CMWD. Contractor will be responsible for payment of
subcontractors. Contractor will bind every subcontractor and every subcontractor of a
subcontractor by the terms of this Agreement applicable to Contractor's work unless
specifically noted to the contrary in the subcontract and approved in writing by CMWD.
8- OTHER CONTRACTORS
CMWD reserves the right to employ other Contractors in connection with the Services.
General Counsel Approved Version #05.06.08
9. 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.
10. INSURANCE
Contractor will obtain and maintain for the duration of the Agreement and any and all
amendments, insurance against claims for injuries to persons or damage to property
which may arise out of or in connection with performance of the services by Contractor
or Contractor's agents, representatives, employees or subcontractors. The insurance
will be obtained from an insurance carrier admitted and authorized to do business in the
State of California. The insurance carrier is required to have a current Best's Key
Rating of not less than "A-:VM", 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".
10.1 Coverages and Limits.
Contractor will maintain the types of coverages and minimum limits indicated below,
unless the General Counsel or Executive Manager approves a lower amount. These
minimum amounts of coverage will not constitute any limitations or cap on Contractor's
indemnification obligations under this Agreement. CMWD, its officers, agents and
employees make no representation that the limits of the insurance specified to be
carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If
Contractor believes that any required insurance coverage is inadequate, Contractor will
obtain such additional insurance coverage, as Contractor deems adequate, at
Contractor's sole expense.
10.1.1 Commercial General Liability Insurance. $1,000,000 combined
single-limit per occurrence for bodily injury, personal injury and property damage. If the
submitted policies contain aggregate limits, general aggregate limits will apply
separately to the work under this Agreement or the general aggregate will be twice the
required per occurrence limit.
10.1.2 Automobile Liability (if the use of an automobile is involved for
Contractor's work for CMWD). $1,000,000 combined single-limit per accident for bodily
injury and property damage.
General Counsel Approved Version #05.06.08
10.1.3 Workers' Compensation and Employer's Liability. Workers'
Compensation limits as required by the California Labor Code. Workers' Compensation
will not be required if Contractor has no employees and provides, to CMWD's
satisfaction, a declaration stating this.
10.1.4 Professional Liability. Errors and omissions liability appropriate to
Contractor's profession with limits of not less than $1,000,000 per claim. Coverage must
be maintained for a period of five years following the date of completion of the work.
10.2. Additional Provisions. Contractor will ensure that the policies of insurance
required under this Agreement contain, or are endorsed to contain, the following
provisions:
10.2.1 The CMWD and the City of Carlsbad will be named as an additional
insured on General Liability.
10.2.2 Contractor will obtain occurrence coverage, excluding Professional
Liability, which will be written as claims-made coverage.
10.2.3 This insurance will be in force during the life of the Agreement and
any extensions of it and will not be canceled without thirty (30) days prior written notice
to CMWD sent by certified mail pursuant to the Notice provisions of this Agreement.
10.3 Providing Certificates of Insurance and Endorsements. Prior to CMWD's
execution of this Agreement, Contractor will furnish certificates of insurance and
endorsements to CMWD.
10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these
insurance coverages, then CMWD will have the option to declare Contractor in breach,
or may purchase replacement insurance or pay the premiums that are due on existing
policies in order to maintain the required coverages. Contractor is responsible for any
payments made by CMWD to obtain or maintain insurance and CMWD may collect
these payments from Contractor or deduct the amount paid from any sums due
Contractor under this Agreement.
10.5 Submission of Insurance Policies. CMWD reserves the right to require, at
anytime, complete and certified copies of any or all required insurance policies and
endorsements.
11. BUSINESS LICENSE
Contractor will obtain and maintain a City of Carlsbad Business License for the term of
the Agreement, as may be amended from time-to-time.
General Counsel Approved Version #05.06.08
12. ACCOUNTING RECORDS
Contractor will maintain complete and accurate records with respect to costs incurred
under this Agreement. All records will be clearly identifiable. Contractor will allow a
representative of CMWD during normal business hours to examine, audit, and make
transcripts or copies of records and any other documents created pursuant to this
Agreement. Contractor will allow inspection of all work, data, documents, proceedings,
and activities related to the Agreement for a period of three (3) years from the date of
final payment under this Agreement.
13. OWNERSHIP OF DOCUMENTS
All work product produced by Contractor or its agents, employees, and subcontractors
pursuant to this Agreement is the property of CMWD. In the event this Agreement is
terminated, all work product produced by Contractor or its agents, employees and
subcontractors pursuant to this Agreement will be delivered at once to CMWD.
Contractor will have the right to make one (1) copy of the work product for Contractor's
records.
14. COPYRIGHTS
Contractor agrees that all copyrights that arise from the services will be vested in
CMWD and Contractor relinquishes all claims to the copyrights in favor of CMWD.
15. NOTICES
The name of the persons who are authorized to give written notices or to receive written
notice on behalf of CMWD and on behalf of Contractor under this Agreement.
For CMWD: For Contractor:
Name William Plummer Name Matt Tebbets
Title Deputy City Engineer Title Principal Engineer
CARLSBAD MUNICIPAL WATER DISTRICT KENNEDY/JENKS CONSULTANTS, INC.
Address 5950 El Camino Real Address 16855 W. Bernardo Drive, Suite 360
Carlsbad, CA 92010 San Diego, CA 92127
Phone No. (760) 602-2768 Phone No. (858) 676-3620
Each party will notify the other immediately of any changes of address that would
require any notice or delivery to be directed to another address.
16. CONFLICT OF INTEREST
CMWD will evaluate Contractor's duties pursuant to this Agreement to determine
whether disclosure under the Political Reform Act and CMWD'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 affected employees, agents, or subcontractors will complete and file with
the Secretary of the Board those schedules specified by CMWD and contained in the
Statement of Economic Interests Form 700.
General Counsel Approved Version #05.06.08
Contractor, for Contractor and on behalf of Contractor's agents, employees,
subcontractors and consultants warrants that by execution of this Agreement, that they
have no interest, present or contemplated, in the projects affected by this Agreement.
Contractor further warrants that neither Contractor, nor Contractor's agents, employees,
subcontractors and consultants have any ancillary real property, business interests or
income that will be affected by this Agreement or, alternatively, that Contractor will file
with the CMWD an affidavit disclosing this interest.
17. GENERAL COMPLIANCE WITH LAWS
Contractor will keep fully informed of federal, state and local laws and ordinances and
regulations which in any manner affect those employed by Contractor, or in any way
affect the performance of the Services by Contractor. Contractor will at all times
observe and comply with these laws, ordinances, and regulations and will be
responsible for the compliance of Contractor's services with all applicable laws,
ordinances and regulations.
Contractor will be aware of the requirements of the Immigration Reform and Control Act
of 1986 and will comply with those requirements, including, but not limited to, verifying
the eligibility for employment of all agents, employees, subcontractors and consultants
that the services required by this Agreement.
18. DISCRIMINATION AND HARASSMENT PROHIBITED
Contractor will comply with all applicable local, state and federal laws and regulations
prohibiting discrimination and harassment.
19. DISPUTE RESOLUTION
If a dispute should arise regarding the performance of the Services the following
procedure will be used to resolve any questions of fact or interpretation not otherwise
settled by agreement between the parties. Representatives of Contractor or CMWD will
reduce such questions, and their respective views, to writing. A copy of such
documented dispute will be forwarded to both parties involved along with recommended
methods of resolution, which would be of benefit to both parties. The representative
receiving the letter will reply to the letter along with a recommended method of
resolution within ten (10) business days. If the resolution thus obtained is unsatisfactory
to the aggrieved party, a letter outlining the disputes will be forwarded to the Executive
Manager. The Executive Manager will consider the facts and solutions recommended
by each party and may then opt to direct a solution to the problem. In such cases, the
action of the Executive Manager will be binding upon the parties involved, although
nothing in this procedure will prohibit the parties from seeking remedies available to
them at law.
General Counsel Approved Version #05.06.08
20. TERMINATION
In the event of the Contractor's failure to prosecute, deliver, or perform the Services,
CMWD may, terminate this Agreement for nonperformance by notifying Contractor by
certified mail of the termination. If CMWD decides to abandon or indefinitely postpone
the work or services contemplated by this Agreement, CMWD may terminate this
Agreement upon written notice to Contractor. Upon notification of termination,
Contractor has five (5) business days to deliver any documents owned by CMWD and
all work in progress to CMWD address contained in this Agreement. CMWD will make
a determination of fact based upon the work product delivered to CMWD and of the
percentage of work that Contractor has performed which is usable and of worth to
CMWD in having the Agreement completed. Based upon that finding CMWD will
determine the final payment of the Agreement.
Either party upon tendering thirty (30) days written notice to the other party may
terminate this Agreement. In this event and upon request of CMWD, Contractor will
assemble the work product and put it in order for proper filing and closing and deliver it
to CMWD. Contractor will be paid for work performed to the termination date; however,
the total will not exceed the lump sum fee payable under this Agreement. CMWD will
make the final determination as to the portions of tasks completed and the
compensation to be made.
21. COVENANTS AGAINST CONTINGENT FEES
Contractor warrants that Contractor has not employed or retained any company or
person, other than a bona fide employee working for Contractor, to solicit or secure this
Agreement, and that Contractor has not paid or agreed to pay any company or person,
other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift,
or any other consideration contingent upon, or resulting from, the award or making of
this Agreement. For breach or violation of this warranty, CMWD will have the right to
annul this Agreement without liability, or, in its discretion, to deduct from the Agreement
price or consideration, or otherwise recover, the full amount of the fee, commission,
percentage, brokerage fees, gift, or contingent fee.
22. CLAIMS AND LAWSUITS
By signing this Agreement, Contractor agrees that any agreement claim submitted to
CMWD must be asserted as part of the agreement process as set forth in this
Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor
acknowledges that if a false claim is submitted to CMWD, it may be considered fraud
and Contractor may be subject to criminal prosecution. Contractor acknowledges that
California Government Code sections 12650 et sea., the False Claims Act applies to
this Agreement and, provides for civil penalties where a person knowingly submits a
false claim to a public entity. These provisions include false claims made with deliberate
ignorance of the false information or in reckless disregard of the truth or falsity of
information. If CMWD seeks to recover penalties pursuant to the False Claims Act, it is
entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges
that the filing of a false claim may subject Contractor to an administrative debarment
proceeding as the result of which Contractor may be prevented to act as a Contractor
on any public work or improvement for a period of up to five (5) years. Contractor
acknowledges debarment by another jurisdiction is grounds for CMWD to terminate this
Agreement.
General Counsel Approved Version #05.06.08
23. JURISDICTIONS AND VENUE
Any action at law or in equity brought by either of the parties for the purpose of
enforcing a right or rights provided for by this Agreement will be tried in a court of
competent jurisdiction in the County of San Diego, State of California, and the parties
waive all provisions of law providing for a change of venue in these proceedings to any
other county.
24. SUCCESSORS AND ASSIGNS
It is mutually understood and agreed that this Agreement will be binding upon CMWD
and Contractor and their respective successors. Neither this Agreement or any part of it
nor any monies due or to become due under it may be assigned by Contractor without
the prior consent of CMWD, which shall not be unreasonably withheld.
25. ENTIRE AGREEMENT
This Agreement, together with any other written document referred to or contemplated
by it, along with the purchase order for this Agreement and its provisions, embody the
entire Agreement and understanding between the parties relating to the subject matter
of it. In case of conflict, the terms of the Agreement supersede the purchase order.
Neither this Agreement nor any of its provisions may be amended, modified, waived or
discharged except in a writing signed by both parties.
General Counsel Approved Version #05.06.08
8
26. 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
KENNEDY/JENKS CONSULTANTS,
INC., a California corporation
*Bv: _
CARLSBAD MUNICIPAL WATER
DISTRICT, a Public Agency
organized under the Municipal Water
Act of 1911, and a Subsidiary District
of the City of Carlsbad
By:
(sign here)
DAVID D. KENNEDY/ViCE-RRESIDtiN i
(print name/title)
'By;
President, Executive Manager or
designee
ATTEST:
(sign here)
DONALD R.
(print name/title)
LORRAINE M. WOOD
Secretary
- Eg:o(e-mail address)
If required by CMWD, proper notarial acknowledgment of execution by
be attached, if a Corporation. Agreement must be signed by one corporate>/Q^ifje^/fo'm
each of the following two groups.
*Group A.
Chairman,
President, or
Vice-President
**Group B.
Secretary,
Assistant Secretary,
CFOor
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, General Counsel
eputy General Counsel
General Counsel Approved Version #05.06.08
EXHIBIT "A"
SCOPE OF SERVICES
Itemized List of what Contractor will do for CMWD and at what price.
General Counsel Approved Version #05.06.08
10
EXHIBIT "A"
Kennedy/Jenks Consultants
Engineers & Scientists
16855 W. Bernardo Drive
Suite 360
San Diego, California 92127
~ . -, ~^n 858-676-3620
30 April 2008 FAX 858-676-3625
Sherri Howard
City of Carlsbad
1635 Faraday Avenue
Carlsbad Ca 92008
Subject: Construction Support Services Proposal
El Camino Real 24" Water Line
K/J 0787102*00
Dear Ms. Howard:
We are pleased to submit this proposal to provide construction support services for the El
Camino Real 24" Water Transmission Main and Flow Control Structure.
Our proposed services are summarized on the attached scope of work and include providing
support to city staff during the bidding, construction and post construction period. Please note
the scope of work assumes the following plus the information provided in attached scope of
work:
1. Kennedy/Jenks Consultants will not be attending the pre-bid meeting (if held), bid
opening or progress meetings during construction.
2. We are limiting the scope to two site visits during construction to provide the city with our
input should it be required.
3. The proposed level of effort for RFI and submittal review is noted in the scope of work.
4. The proposed bidding support assumes one addendum will be prepared in response to
contractor questions.
We have also included a task that covers the work we performed during the completion of the
contract documents to incorporate upgrades of the corrosion protection system as we discussed
at our last project meeting.
We are proposing to complete the additional services for a total fee not to exceed $26,300. This
would increase our total authorization to $57,600 in our current contract dated 2 January 2007
as amended.
Very truly yours,
p J2007\0787102_city of Carlsbad • el camino real 24-inch transmission man & tow control slTOlureW-wirepn* 01 -toltonKlienlWIOSJWJMtewanJ cm plop llr.doc
Kennedy/Jenks Consultants
Sherri Howard
City of Carlsbad
30 April 2008
Page 2
KENNEDY/JENKS CONSULTANTS
'Matt A. Tebbetts
Principal Engineer
Enclosure
p?2M7W<l7!02_cily ol cortetad - el camino real 24-foch transmission main & (low contralslnJclur9V)6-corr5praH6.0HolromHi8nH2008,IW_30tav«aid cm prep llr.doc
Additional Scope of Work
Task 1.1 - Corrosion System Design Modifications - Provide additional corrosion protection
details in contract documents utilizing Gity of Carlsbad standard drawings.
Task 1.2 - Meetings - It is anticipated that two meetings will be held. One to kick-off the
Construction phase, one to discuss project status, and one just prior to project close out. These
meetings are anticipated to be attended by the Project Manager and the Project Engineer.
Task 1.3 - Bidding Support Services - Provide written response to contractor questions
during bidding. Assume one addenda requiring 3 hours engineering and 1 hour administrative
support.
Task 1.4 - RFI Reviews - Kennedy/Jenks will provide coordination and review of Requests for
Information (RFI) during the construction period. A maximum of 5 RFTs are assumed.in the
attached cost proposal for the project. A log of RFI's indicating the date received and status will
be maintained.
Task 1.5 - Submittals Review - Shop drawing submittals provided by the contractor will be
logged and reviewed by the Kennedy/Jenks Team. A maximum of 10 initial submittals and 5 re-
submittals are assumed in the attached cost estimate. An updated log indicating the status of •
all submittals will be maintained and provided to the city.
Task 1.6 - Construction Site Visits - Provide 2 site visits during construction. Each visit to
include Senior Engineer with 4 hours duration each visit. Include 1 hour each visit for written
documentation for a total of 5 hours per visit.
Task 1.7 - Record Drawing Preparation - Record drawings will be prepared based on redlined
drawings received from the contractor upon completion of the work. It is assumed the drawings
requiring revision are limited to sheets 1 through 10; sheets 11 through 19 (traffic control) will
not require record modifications. Estimate based on 2 hours per sheet for CAD revisions and
printing and 3 hours of engineering supervisory time.
Task 1.8 ~ Project Management - Management will consist of the day to day management of
our work on the project, keeping track of RFI's, status, budget, invoicing.
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