HomeMy WebLinkAboutKrieger & Stewart Inc; 2009-10-07; PWENG704PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO. 1
MISCELLANEOUS SEWER REHABILITATION, NORTHWEST QUADRANT
PROJECT NO. 5503
This first Proiect Task Descri~tion and Fee Allotment, is entered into on
, pursuant to an Agreement between
KRIEGER hfJD STEWART 'INC , a Cal~forn~a corporat~on ("Contractor") and the City of
Carlsbad, ("C~tv") dated October 7, 2009, (the "Agreement"), the terms of whlch are
incorporated heiejn by this reference.
1. CONTRACTOR'S OBLIGATIONS
Contractor shall provide Engineering Design Services in accordance with the "Project
Engineer's Manual", 2001 edition, as published by the City's Engineering Department,
City "Standards for Design & Construction of Public Works Improvements in the City of
Carlsbad," and the proposal dated March 9, 2010, ("proposal"), attached as Appendix
"A for the Miscellaneous Sewer Rehabilitation, Northwest Quadrant, (the "Project").
The Project services shall include Completion of Construction Plans and Specifications
and Bid Phase Services.
2. PROGRESS AND COMPLETION
Contractor's receipt of this Project Task Description and Fee Allotment, signed by the
City Engineer and a Purchase Order from the City's Purchasing Department, constitutes
notification to proceed to the Contractor. Contractor shall begin work within 1 working
day after receiving this fully executed document and a City Purchase Order. Contractor
shall complete the work within one hundred twenty (120) working days thereafter.
Working days are defined in section 6-7.2 "Working Day" of the Standard Specifications
for Public Works Construction (Green Book). In no event shall Contractor work beyond
the term or authorized compensation of the Agreement, as amended by this Project
Task Description and Fee Allotment.
3. FEES TO BE PAID TO THE CONTRACTOR
Contractor's compensation for the Project is shown in Table 1, "Fee Allotment", herein.
Fees shall be paid on the basis of time and materials for each task group shown in Table
1. Progress payments shall be based on time and material. Appendix "A, attached,
prepared by Contractor and reviewed by City, shows the parties' intent as to the
elements, scope and extent of the task groups. Contractor acknowledges that
performance of any and all tasks by the Contractor constitutes acknowledgment by
Contractor that such tasks are those defined in Appendix "A.
Additional task groups, not shown in Table 1 or Appendix "A", will be performed by the -. Contractor only upon authorization of the City throuqh the mechanism of a separate
Proiect Task Description and Fee Allotment and Purchase Order. In the event that City
directs Contractor to curtail or eliminate all, or portions of the task groups identified in
Table 1 or Appendix A, then the Contractor shall only invoice the City for work actually
performed. The maximum total cost of Contractor's services for this Project Task
Description and Fee Allotment is $6,719. J
City Attorney Approved Version #07.24.02
TABLE 1 FEE ALLOTMENT
ENGINEERING DESIGN SERVICES
Executed by Contractor this 2q* day of r\ar& ,2010.
TASK GROUP
Construct~on Drawlngs
F~nal Contract Documents
Bid Phase Services
TOTAL (Not-to-Exceed)
CONTRACTOR:
KRIEGER AND STEWART, INC., KRIEGER AND STEWART, INC.,
a California corporation a California corporation
LUMP SUM FEE
1,847.00
2,436.00
2,436 00
J $6,719.00
(name of Contractor)
(sign here) s~gn here)
Clrdcl~s A. gn'e~?ec. &WC+AN Mark E. Mm&*:qieeM
(print nameltitle) (print nameltitle)
~iwsec&d-hehwrnrd%te&fi, tiny thesere kteuecd~rt.~m
(e-mail address) (e-mail 'dddress)
If Contractor is a corporation, this document must be signed by one individual from each
column:
Column A Column B
Chairman, president or vice-president 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.
of the State of California
By: Date: /?Pflf /2, ZP/Q
City Engineer or Authorized Signatory
APPROVED AS TO FORM:
RONALD R. BALL, City Attorney
BY:
~kputy City ~ttorhky
City Attorney Approved Version #07.24.02
APPENDIX "A"
KRIECER lNcoRPoRATED ENGINEERING CONSULTANTS =a &WART 3602 University Ave Riverside, CA 92501 . Tel 951-684-6900 . Fox 951 -684-6986
March 9, 2010 860-5.3.1 A
Mark D. Biskup, Associate Engineer
Public Works - Engineering
City of Cllrlsbad
1635 Faraday Avenue
Carlsbad, CA 92008
Subject: Miscellaneous Sewer Rehabilitation, Northwest Quadrant
Project Status
Dear Mr. Biskup:
As requested, we are providing a summary of engineering services remaining for subject project. It is our
understanding the requested information is for the purpose of establishing a new Purchase Order under
the new Master Agreement (PWENG704) between the City and Krieger & Stewart
In accordance with our original Purchase Order PI20416 dated September 17, 2008 for subject project,
we are in the process of reviewing the City's final design comments and completing the 95% complete
construction drawings and specifications and have yet to complete the final Contract Documents and bid
phase services.
Based on the original Purchase Ordcr, the approved budget amount is $29,732.00. We have invoiced the
City $23,3 13.05 for engineering services completed through December 3 1, 2009; therefore, the remaining
balance is $6,418.95 ($29,732.00 - $23,313.05). Based on our original Purchase Order, our estimated fee
for providing the remaining engineering services is summarized as follows:
Task Amount
95% Construction Drawings and Specifications $1,766.95
Final Contract Documents $2,326.00
Bid Phase Services $2.326.00
Total $6,418.95
Since our original Purchase Order and the new Master Agreement have different fee schedules, we have
attached Table 1 showing the remaining balance to be $6,719.00 based on the remaining hours and the
fee schedule from the new Master Agreement. In addition, we would also appreciate the City's
consideration in extending our Contract Completion Date for subject project to May 1, 2010 to account
for the time required to complete the Contract Documents and bid phase services.
Our remaining Scope of Services is as follows:
95% Construction Drawings and Specifications
Having received comments from City staff, we are in the process of addressing the City's 95% comments.
Upon completion of the draft Contract Documents, we will submit them to City staff for final review.
KREGER
INCORPORATED
Mark D. Biskup
March 9, 2010
Page 2 of 2
As discussed, Krieger & Stewart will provide the City the Bid Schedules and Technical Specifications for
subject project. We understand the City will provide the front-end section of the specifications including
the cover sheet, table of contents, Notice lnviting Bids, Bid Documents (except for the Bid Schedules),
Contract, and General Provisions and the City will format the specifications.
Final Contract Documents
Based on City staff final comments, we will complete and final the Contract Documents and prepare a
detailed construction cost estimate. We will provide the City with a complete original set of Contract
Documents including construction drawing mylars (Sheets 1 through 3) ready for signatures, copying, and
distribution. We will also provide the City with a CD containing the uncompressed AutoCAD drawing
files and specifications sections described above.
Bid Phase Sewices
It is our understanding that City staff will make copies of the Contract Documents available to
Contractors, send the Notice Inviting Bids to local publications for legal advertising, conduct the bid
opening, review bids, and prepare a Recommendation of Award. During the bidding period, we will
answer questions about or provide clarifications of the Contract Documents, and assist in the preparation
of addenda, all as requested by City staff. We will also assist City staff during the award of the project as
requested by City staff,
If you have any questions, please call
Sincerely,
KNEGER & STEWART
Randy A. Neff
Attachments: Table 1, Revised Estimated Fees for Engineering Services
200912010 Rate Schedule (applicable for all sewices performed under the Master
Agreement)
TABLE 1
CITY OF CARLSBAD
CIP SEWER REHABILITATION PROJECT
.. .. ESTIMATED FEES FOR ENGINEERING SERVICES . ,*... -. .... . , , . (REV,sw 3/8,'10) . . . . . . .' " ' .' . . - ' ... .. . . . . . . < ._.,: - . . . .. ,:, . ,.. .,.! .' '
PRINCIPAL SENIOR CAD SENIOR SENIOR
ENGINEER ENGINEER OPERATOR I SECRETARY TOTAL
COMPONENT HOURS $ HOURS $ HOURS $ HOURS $ $
1. Initial Meeting with City Staff
2. Base Construction Drawings
COMPLETED UNDER PREVIOUS AGREEMENT
COMPLETED JNDER PREVIOUS AGREEMENT 1
5. Construction Drawinas and Specifications
3. Preliminary Construction Drawings and
Specifications (70%)
4. Review Meeting (70%) with City Staff
and Review ~eetin~<95%) with City Staff (Balance
Remaining) 1 182 5 810 4 460 5 395 1.847
COMPLETED UNDER PREVIOUS AGREEMENT
COMPLETED UNDER PREVIOUS AGREEMENT
6. Final Contract Documents 2 364 8 1.296 4 460 4 316 2,436
7. Bid Phase Services
TOTAL: 6,719
200912010 Fee Schedule
Principal Engineer @ $182 IHr
Senior ~n~ineer $162 /Hr
CAD Senior Operator I @ $1 15 /Hr
Senior Secretary @ $79 IHr
KRIEGER
y61~wm INCORPORATED
RATE SCHEDULE
Below is Krieger & Stewart's 200912010 Fee Schedule, which will apply to all services provided by Krieger &
Stewart for the entire term (3 years) of the Agreement.
RATES
CLASSIFICATION $Mr.
Engineering 1 Environmental 1 Geologic 1 Surveying Services . . Pr~nclpal ............................................................................................................................................. 182.00
..............................................
Computer Aided Design Services
Surveying Services (Field)
2 Man Crew with Survey Truck (including mileage) and Global Positioning System Equipment ..... 260.00
I Man Crcw with Survey Truck (including mileage) and Global Positioning System Equipment ..... 210.00
Construction Services
Construction Enginee 115.00
Constrnction Inspector
Regular Time ........................................ ...................................... 101.00
Support Services
Outside Services
Special Consultants and Purchased Services ost + 10%
Reimbursable Expenses
Vehicle Mileage (excluding survey trucks) ..................
Air Fare, Ground Fare, Parking, and Subsistence ...
Copies, Prints, Telephone, Delivery, and Sundry C
TERMS OF PAYMENT:
Unless charge accommodations have been established beforehand, all accounts shall be prepaid. For accounts
having charge accommodations, payment in full shall be made within 30 days of date of invoice. Any amount
unpaid within said 30 days will be assessed a service charge of 1-112% per month (18% annual percentage rate),
with a minimum charge of $1.00. Accounts with a past due balance of 30 days or more are subject, without
notice, to credit discontinuance and mechanic's lien or stop notice. If it becomes necessary for Krieger &
Stewart to initiate legal proceedings for the collection of any balance due, the action shall be brought and tried in
the Judicial Districts wherein Krieger & Stewart offices are located. Client agrees that the court may award
reasonable attorney's fees and costs of suit to the prevailing party.
City of Cflrlsbud
Master Agreement Consuliing Services
Civil Engineering - Sewer Rate Schedule
PWENG704
MASTER AGREEMENT FOR
PROFESSIONAL SEWER ENGINEERING SERVICES
(KRIEGER & STEWART, INC.)
THIS AGREEMENT is made and entered into as of the t _ day of
2009, by and between the CITY OF CARLSBAD, a municipal
corporation, hereinafter referred to as "City", and KRIEGER & STEWART, INC., a
California corporation, hereinafter referred to as "Contractor."
RECITALS
A. City requires the professional services of an engineering consultant that is
experienced in sewer engineering services.
B. The professional services are required on a non-exclusive, project-by-
project basis.
C. Contractor has the necessary experience in providing professional
services and advice related to sewer engineering services.
D. Selection of Contractor is expected to achieve the desired results in an
expedited fashion.
E. Contractor 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 attached Exhibit "A", which is incorporated
by this reference in accordance with this Agreement's terms and conditions.
Contractor's obligations with respect to any project granted to Contractor under
this Agreement will be as specified in the Task Description for the project (see
paragraph 5 below).
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 three (3) years starting
December 6, 2009.
City Attorney Approved Version #04/03/02
4. PROGRESS AND COMPLETION
The work for any project granted to Contractor pursuant to this Agreement will
begin within ten (10) days after receipt of notification to proceed by City and be
completed within the time specified in the Task Description for the project (see
paragraph 4 below). Extensions of time for a specific Task Description may be granted if
requested by Contractor and agreed to in writing by the Public Works Director or Deputy
City Engineer, as his designee. The Public Works Director or Deputy City Engineer, as
his designee will give allowance for documented and substantiated unforeseeable and
unavoidable delays not caused by a lack of foresight on the part of Contractor, or delays
caused by City inaction or other agencies' lack of timely action. In no event shall a
specific Task Description exceed the term of this Agreement.
5. COMPENSATION
The cumulative total for all projects allowed pursuant to this Agreement will not
exceed two hundred thousand dollars ($200,000) per Agreement year. The total amount
of the Agreement shall not exceed six hundred thousand dollars ($600,000) for the
complete Agreement term. Fees will be paid on a project-by-project basis and will be
based on Contractor's Schedule of Rates specified in Exhibit "A". Prior to initiation of
any project work by Contractor, City shall prepare a Project Task Description and Fee
Allotment (the "Task Description") which, upon signature by Contractor and for City, the
City Manager, or Public Works Director, as his designee, will be considered a part of
this Agreement. The Task Description will include a detailed scope of services for the
particular project being considered and a statement of Contractor's fee to complete the
project in accordance with the specified scope of services. The Task Description will
also include a description of the method of payment and will be based upon an hourly
rate, percentage of project complete, completion of specific project tasks or a
combination thereof.
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
City. Contractor will be under control of City only as to the result to be accomplished,
but will consult with City as necessary. The persons used by Contractor to provide
services under this Agreement will not be considered employees of City for any
purposes.
The payment made to Contractor pursuant to the Agreement will be the full and
complete compensation to which Contractor is entitled. City will not make any federal or
state tax withholdings on behalf of Contractor or its agents, employees or
subcontractors. City 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 City within thirty (30) days for any tax, retirement
contribution, social security, overtime payment, unemployment payment or workers'
compensation payment which City may be required to make on behalf of Contractor or
any agent, employee, or subcontractor of Contractor for work done under this
Agreement. At the City's election, City may deduct the indemnification amount from any
balance owing to Contractor.
City Attorney Approved Version #04/03/02
7. SUBCONTRACTING
Contractor will not subcontract any portion of the Services without prior written
approval of City. If Contractor subcontracts any of the Services, Contractor will be fully
responsible to City 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 City. 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 City.
8. OTHER CONTRACTORS
The City reserves the right to employ other Contractors in connection with the
Services.
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 in whole or in part by any willful misconduct or negligent act or omission
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-:V".
10.1 Coverages and Limits. Contractor will maintain the types of coverages and
minimum limits indicated below, unless City Attorney or City 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. City, 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.
City Attorney Approved Version #04/03/02
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 City). $1,000,000 combined single-limit per accident for bodily
injury and property damage.
10.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation
limits as required by the California Labor Code and Employer's Liability limits of
$1,000,000 per accident for bodily injury. Workers' Compensation and Employer's
Liability insurance will not be required if Contractor has no employees and provides, to
City'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 City 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
City sent by certified mail pursuant to the Notice provisions of this Agreement.
10.3 Providing Certificates of Insurance and Endorsements. Prior to City's
execution of this Agreement, Contractor will furnish certificates of insurance and
endorsements to City.
10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these
insurance coverages, then City 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 City to obtain or maintain insurance and City 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. City 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.
City Attorney Approved Version #04/03/02
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 City 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 City. 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
City. 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
City and Contractor relinquishes all claims to the copyrights in favor of City.
15. NOTICES
The name of the persons who are authorized to give written notices or to receive
written notice on behalf of City and on behalf of Contractor under this Agreement.
For City: For Contractor:
Name William Plummer Name Jon Reynolds
Title Deputy City Engineer Title Vice President
Dept Public Works - Design Division
CITY OF CARLSBAD KRIEGER & STEWART, INC.
Address 1635 Faraday Avenue Address 3602 University Avenue
Carlsbad, CA 92008 Riverside, CA 92501
Phone No. (760)602-2768 Phone No. (951)684-6900
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
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 affected
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.
City Attorney Approved Version #04/03/02
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 City 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 City 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 City
Manager. The City 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 City 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.
20. TERMINATION
In the event of the Contractor's failure to prosecute, deliver, or perform the
Services, City may terminate this Agreement for nonperformance by notifying
Contractor by certified mail of the termination. If City decides to abandon or indefinitely
postpone the work or services contemplated by this Agreement, City 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 City and all
work in progress to City address contained in this Agreement. City will make a
determination of fact based upon the work product delivered to City and of the
percentage of work that Contractor has performed which is usable and of worth to City
in having the Agreement completed. Based upon that finding City will determine the final
payment of the Agreement.
6 City Attorney Approved Version #04/03/02
Either party upon tendering thirty (30) days written notice to the other party may
terminate this Agreement. In this event and upon request of City, Contractor will
assemble the work product and put it in order for proper filing and closing and deliver it
to City. 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. City 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, City 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 City 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 City, it may be considered fraud and
Contractor may be subject to criminal prosecution. Contractor acknowledges that
California Government Code sections 12650 et seq.. 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 City 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 City to terminate this
Agreement.
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.
City Attorney Approved Version #04/03/02
24. SUCCESSORS AND ASSIGNS
It is mutually understood and agreed that this Agreement will be binding upon
City 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 City, 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.
City Attorney Approved Version #04/03/02
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.
Executed by Contractor this 1 ^ day of ^€ptember~ _ , 200^1 .
CONTRACTOR:
KRIEGER & STEWART, INC.
A Califoriya corporation
CITY OF CARLSBAD, a municipal
corporation of the State of California
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(Proper notarial acknowledgment of execution by Contractor must be attached. If a corporation,
document must be signed by one from each column:
Column A
Chairman, president or vice-president
Column 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.)
CITY OF CARLSBAD, a municipal corporation of the State of California
APPROVED AS TO FORM:
RONALD R. BALL, City Attorney
BV: XU21
Deputy City Attorne
City Attorney Approved Version #04/03/02
NOTARY ACKNOWLEDGEMENT
State of California
County of Riverside
ss.
On September 1. 2009. before me, Kim Renee' Soto. a Notary Public, personally appeared Jon C. Reynolds and
Charles A. Krieger. who proved to me on the basis of satisfactory evidence to be the persons whose names are
subscribed to the within instrument and acknowledged to me that they executed the same in their authorized
capacities, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons
acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
C«mmrt«*on * 1806975
Natty PiiMte- CiHfontft
MvtnMt County
My Cynm. EMfcftM ™-
OPTIONAL INFORMATION
Capacity Claimed by Signer
Individual
| x | Corporate Officer(s):
Vice President and Corporate Secretary
Title(s)
| | Partner(s): | | Limited | | General
| | Attorney-in-Fact
| | Trustee(s)
| | Guardian/Conservator
I I Other:
Signer is Representing:
Name of Person(s) or Entity(ies)
Krieger & Stewart, Incorporated
Description of Attached Document
Master Agreement for Professional Sewer
Engineering Services between City of
Carlsbad and Krieger & Stewart, Incorporated
Document Title or Type
Number of Pages
To be dated by City of Carlsbad
Document Date
City of Carlsbad's City Manager or Mayor
Other Signer(s)
OC 5
2 =
EXHIBIT "A"
KQIEGED & <§>TEWAQT
SECTION 5
RATE SCHEDULE
Below is Krieger & Stewart's 2009/2010 Fee Schedule, which will apply to all services provided by Krieger &
Stewart for the entire term (3 years) of the Agreement.
RATES
CLASSIFICATION S/Hr.
Engineering / Environmental / Geologic / Surveying Services
Principal 182.00
Senior 162.00
Associate 145.00
Staff 1 128.00
Staff II 114.00
Staff III 100.00
Computer Aided Design Services
Senior Operator 1 115.00
Senior Operator II 109.00
Staff Operator 1 103.00
Staff Operator II 97.00
Staff Operator III 90.00
Surveying Services (Field)
2 Man Crew with Survey Truck (including mileage) and Global Positioning System Equipment 260.00
1 Man Crew with Survey Truck (including mileage) and Global Positioning System Equipment 210.00
Construction Services
Construction Engineer 145.00
Construction Inspector
Regular Time 101.00
Support Services
Senior Secretary 79.00
Staff Secretary 1 69.00
Staff Secretary II 62.00
Utility Technician 58.00
Utility Clerk 55.00
Outside Services
Special Consultants and Purchased Services Cost + 10%
Reimbursable Expenses
Vehicle Mileage (excluding survey trucks) 0.72 $/Mile
Airfare, Ground Fare, Parking, and Subsistence Cost
Copies, Prints, Telephone, Delivery, and Sundry Charges Cost
TERMS OF PAYMENT:
Unless charge accommodations have been established beforehand, all accounts shall be prepaid. For accounts
having charge accommodations, payment in full shall be made within 30 days of date of invoice. Any amount
unpaid within said 30 days will be assessed a service charge of 1-1/2% per month (18% annual percentage rate),
with a minimum charge of $1.00. Accounts with a past due balance of 30 days or more are subject, without
notice, to credit discontinuance and mechanic's lien or stop notice.
City of Carlsbad
Master Agreement Consulting Services Page 5-1
Civil Engineering - Sewer Rate Schedule