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HomeMy WebLinkAboutMichael Baker International Inc; 2015-10-01; TRAN1253TRAN 1253 AGREEMENT FOR TRAFFIC IMPACT ANALYSIS PEER REVIEW FOR THE AGUA HEDIONDA 85/15 SPECIFIC PLAN MICHAEL BAKER INTERNATIONAL, INC. GREEMENT is made and entered into as of the day of '/^/~' , 2015, by and between the CITY OF CARLSBAD, a municipal Srporation, ("City"), and MICHAEL BAKER INTERNATIONAL, INC., a Pennsylvania corporation, ("Contractor"). RECITALS City requires the professional services of a Civil and Traffic Engineering consultant that is experienced in traffic impact analysis. Contractor has the necessary experience in providing these professional sen/ices, has submitted a proposal to City and has affirmed its willingness and ability to perfomi such wori<. 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 "Sen/ices") 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 3 months from the date first above written. 3. COMPENSATION The total fee payable for the Services to be perfonned will be four thousand dollars ($4,000). 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 unfil 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 perfonnance 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' compensafion is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expirafion or eariy termination of this Agreement. City Attomey Approved Version 4/1/15 TRAN1253 6. INSURANCE Contractor will obtain and maintain policies of commercial general liability insurance, automobile liability insurance, a combined policy of workers' compensafion, 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 Best's Key Rafing of not less than "A-:Vir'; OR with a surplus line insurer on the State of California's List of Approved Surplus Line Insurers (LASLI) with a rafing in the latest Best's Key Rafing Guide of at least "A:X"; OR an alien non- admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarteriy lisfings report, in an amount of not less than one million dollars ($1,000,000) each, unless othenwise 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. The full limits available to the named insured shall also be available and applicable to the City as an addifional insured. Contractor will furnish certificates of insurance to the Contract Department, with endorsements to City prior to City's execufion of this Agreement. 7. CONFLICT OF INTEREST Contractor shall file a Confiict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carisbad Conflict of Interest Code. The Contractor shall report investments or interests in all four categories. 8. COMPLIANCE WITH LAWS Contractor will comply with ali applicable local, state and federal laws and regulafions prohibifing discriminafion and harassment and will obtain and maintain a City of Carisbad Business License for the term of this Agreement. 9. TERMINATION City or Contractor may terminate this Agreement at any fime after a discussion, and written notice to the other party. City will pay Contractor's costs for services delivered up to the fime of termination, ifthe 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 Califomia False Claims Act, Government Code secfions 12650, et seq., and Carisbad Municipal Code Secfions 3.32.025, et seq. Contractor further acknowledges that debarment by another jurisdicfion is grounds for the City of Carisbad to terminate this Agreement. 11. 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, Califomia. 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. City Attorney Approved Version 4/1/15 TRAN1253 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. 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 tenns and conditions of this Agreement. CONTRACTOR CITY OF CARLSBAD, a municipal MICHAEL BAKER INTERNATIONAL, corporafion of the State of California INC., a Pennsylvania corporafion Bv ^ jd ^ , '^(sigia here) ^ Patrick A. Thomas / Fublic Works Director (printlname/title) (sign here) (print name/fitle) ' 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. Group B. Chairman, Secretary, President, or Assistant Secretary, Vice-President 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: CELIA A. BREWER, City Attorney Assistant City Attorney City Attomey Approved Version 4/1/15 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ^ County of On C^UU Dafe personally appeared before me leer Here Insert Name and Title of the Offio Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(;^ whose name(i^ is/^e subscribed to the within instrument and acknowledged to me that he/s^/t\y^y executed the same in his/h^r/th/^ir authorized capacity(i^), and that by his/hier/tl^ir signature(^ on the instrument the person(^, or the entity upon behalf of which the person(^ acted, executed the instrument. ANDREA SANDERS | Commission # 1947527 | Notary Public - California 1 San Oiego County g ^^^^^J^Conm^j^MAu^ll^OlsJ I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS nw hand and official seal. Signature. Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Document Date: • Corporate Officer — Title(s): • Partner — • Limited • General • Individual • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: Signer's Name: • Corporate Officer — Title(s): • Partner — • Limited • General • Individual • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: ©2014 National Notary Association • www.NationalNotary.org • 1 -800-US NOTARY (1 -800-876-6827) Item #5907 CALIFORNiA ALL-PURPOSE ACKNO¥n.EDGMENT CIVIL CODE §1189 mtimmimeKtatetitinmm A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the tmthfulness, accuracy, or validity of that document. State of Califomia ) Countyof,^ ) On "^OVM ^Q^^^5LC^\^ before me, • Q^\QJn. U^WN^^^^A^^ C . *^ Dafe Here Insert Name and Title of tne Officer personally appeared Name(s) ofSlgner(s) who proved to me on the basis of satisfactory evidence to be the persop(^ whose nam^ is/are., subscribed to the within instrument and acknowledged to me that he/she/Hrcy executed the same in his/hei'AlieIr authorized capacity(te^, and that by his/her/their signature(^ on the instrument the person^, or the entity upon behalf of which the person^ acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of Califomia that the foregoing paragraph is true and con-ect. NEVA IM. COBIAN \ Commission No. 2017065 Q NOTARY PUBLIC - CALIFORNIA g SAN DIEGO COUNTY > Commission Expires March 31,2017 WITNESS my,hand and official seal Signature Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section Is optional, completing this information can deter alteration of the docunnent or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Numtjer of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Document Date: • Corporate Officer — Title(s): • Partner — • Limited • General • Individual • Attorney in Fact • Tmstee • Guardian or Conservator • Other: Signer Is Representing: Signer's Name: • Corporate Officer — Title(s): ' • Partner — • Limited • General • Individual • Attomey in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: ©2014 National Notary /Association • www.NationalNotary.org • 1 -800-US NOTARY (1 -800-876-6827) Item #5907 Michael Baker We Moke a Difference INTERNATIONAL Exhibif'A" June 19,2015 Traffic Impact Analysis Peer Review Agua Hedionda South Shore 85/15 Specific Plan Initiative City of Carlsbad Task 1: Review Specific Plan for Compliance with General Plan Policies RBF/Michael Baker will review the proposed Specific Plan for compliance with applicable policies listed in both the current General Plan Circulation Element and the Draft General Plan Update Mobility Element. Task 2: Documentation The findings fbr Task 1 will be documented in the draft report that will be prepared in the appropriate 9212 report format. Task 2 also includes incorporating the findings identified in Tasks 1 and 2 of Task Order No. 7 into the appropriate 9212 report format. Task 3: Additional Meetings RBF/Michael Baker will attend additional meetings for the remainder of the initiative process at the City's request. This task order has budgeted a maximum of 12 additional hours for attendance at meetings. If more meeting time is requested, this task order will be amended accordingly. Totai Task Order No. 9 Fee: $4,000 MBAKERINTL.COM Avenida Encinas. Ste 2601 Cartsbad. CA 92008 Office: 760.476 91931 Fax 760.476 9198 From: Donna Heraty Sent: Tuesday, October 06, 2015 1:54 PM To: 'riucera@mbakerintl.com' Cc: Rhonda Gasper-Heather; Shelley Collins Subject: Form 700 - Conflict of Interest - It has been determined by the City Clerk's Office that you are not required to file a Conflict of Interest Statement Dear Consultant: Regarding your agreement with the City of Carlsbad for Traffic Impact Analysis Peer Review for the Agua Hedionda 85/15 Specific Plan, TRAN1253 - // your agreement states: 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 interest in all four categories. It has been determined by the City Clerk's Office that you are not required to file a Conflict of Interest Statement for this agreement with the City of Carisbad. A copy of this email will be added to your file memorializing this decision. Should you have any questions, please do not hesitate to contact me. Kindest regards, Ccityof Carlsbad Shelley Collins, CMC Assistant City Clerk City Clerk's Office City of Carisbad 1200 Carlsbad Village Drive Carisbad, CA 92008-1949 www.carisbadca.Rov 760-434-2917 I Shellev.Collins@carisbadca.gov Connectwith us Facebook | Twitter | You Tube | Flickr | Pinterest | Enews