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HomeMy WebLinkAboutMikhail Ogawa Engineering; 2007-11-06;AGREEMENT FOR STORM WATER PROGRAM SUPPORT SERVICES (MIKHAIL OGAWA ENGINEERING) AGREEMENT is made and entered into as of the day of 2007, by and between the CITY OF CARLSBAD, a municipal corporation, ("City"), and MIKHAIL OGAWA ENGINEERING, an engineering consultant, ("Contractor"). RECITALS City requires the professional services of an engineering consultant that is experienced in developing land development storm water program components and preparing regulatory documentation in satisfaction of Regional Water Quality Control Board requirements. 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 year from the date first above written. 3. Compensation. The total fee payable for the Services to be performed will be ten thousand dollars ($10,000). 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 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. 6. Insurance. Contractor will obtain and maintain policies of commercial general liability insurance, automobile liability insurance, a combined policy of workers' compensation, City Attorney Approved Version #1 1 .28.06 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-:V in an amount of not less than five hundred thousand dollars ($500,000) 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 and Automobile 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 #11.28.06 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 CITY OF CARLSBAD, a municipal corporation of the State of California By: (sign here)Manager or-Mayuf (print name/title)ATTEST: (e-mail address) *By: (sign here) (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 )eputy City Attorney City Attorney Approved Version #11.28.06 "EXHIBIT A" MIKHAIL OGAWA ENGINEERING October 16, 2007 Mr. David Mauser Deputy City Engineer- Planning and Programs City of Carlsbad 1635 Faraday Avenue Carlsbad, California 92008 SUBJECT: PROPOSAL TO PROVIDE LAND DEVELOPMENT STORMWATER PROGRAM SUPPORT SERVICES Dear David: In response to your request, Mikhail Ogawa Engineering (MOE) is pleased to submit this proposal to the City of Carlsbad (City) for providing Land Development Stormwater Program Support Services (Project). It is our understanding that the City has a Stormwater Program of which land development activities are included for implementation. The City would like assistance in developing overall updates to some of the implementation documents and policies/guidelines. The overall intent of the assistance is to prepare the documents for implementation by the January 2008 deadlines and to be consistent with regional approaches to land development implementation activities as they relate to Stormwater. The following is a scope of services for the Project. I. SCOPE OF SERVICES Based on our current understanding of the Project, MOE will provide the following professional services for the Project: A. Revise the City's current SUSMP Implementation document to reflect the Regional Model SUSMP document. 3525 Del Mar Heights Road #429 * San Diego, California 92130 * (619) 994-7074 * Fax (858) 225-0531 Mr. David Hauser October 16, 2007 Page 2 of 3 B. Make appropriate revisions to the SUSMP Implementation document to meet the Order 2007-0001 update requirements. C. Review LCP for potential conflicts with SUSMP Implementation document-provide comments and recommendations for revisions. D. Incorporate interim HMP requirements into the SUSMP implementation document E. Review General Plan - provide comments and recommendations for potential revisions. F. Review Standard Conditions of Approval - provide comments and recommendations for revisions/updates. G. Modify existing checklists to ensure that LID and BMP requirements are being met. H. Review process for discretionary permits - provide comments and recommendations for revisions. I. Assist with the development of restrictions to the use of treatment control BMPs which are designed to primarily function as centralized infiltration devices. J. Assist with development of criteria and standards for advanced treatment for exceptional threats to Water Quality. K. Other services as requested which are related to the preparation of the Development Planning and Construction Components for the update to the City's JURMP. II. CLIENT FURNISHED SERVICES The following services or information will be provided by the City or its consultants: A. Assign one person to serve as the City's project manager who has the authority to represent the City and will serve as the point of interface for all project issues and communications. Mr. David Mauser October 16, 2007 Page 3 of 3 B. Hard-copy and electronic versions of all pertinent documents. C. A complete description of all pertinent project information and issues, including all unusual or critical requirements of the City. III. ADDITIONAL SERVICES If requested by the City, MOE will provide the following Additional Services, beyond the services included in Section I. Scope of Services on a task-by-task basis at the direction of the City: A. Attendance to additional meetings beyond those specifically identified in Section I. Scope of Services. B. Any additional project related services not specifically included in Section I, Scope of Services. IV. FEES AND CONDITIONS A. The Services described in Section I. Scope of Services, will be provided on a time and materials basis with a not to exceed amount of $10,000. B. The Services described in Section III. Additional Services, will be provided on an hourly rate basis in accordance with the MOE Carlsbad Reduced Rate Schedule in effect at the time the services are performed. We appreciate the opportunity of offering this proposal, and look forward to working with you on this project. If you are in agreement with the above, please provide a notice to proceed as task authorization. If you have any questions, please call me at (619) 994-7074. Respectfully submitted, Mikhail Ogawa Principal c: File CITY OF CARLSBAD REDUCED RATE SCHEDULE EFFECTIVE APRIL 1,2007 ENGINEERING SERVICES Principal Engineer $110.00 Senior Engineer 100.00 Associate Engineer 90.00 Assistant Engineer 70.00 Engineering Student 50.00 Water Quality Monitoring 65.00 ENVIRONMENTAL SCIENTIST SERVICES Principal Scientist $102.00 Senior Scientist 92.00 Associate Scientist 82.00 Assistant Scientist 72.00 Student Scientist 52.00 Water Quality Monitoring 65.00 ADMINISTRATIVE SERVICES Administrative Assistant $45.00 Administrative Clerk $40.00 EXPENSES AND OUTSIDE SERVICES In addition, identifiable non-salary costs that are directly attributable to the project such as reproduction costs, telephone charges, mileage, postage, etc., are billed at actual cost plus 15 percent to cover overhead and administration plus 3 percent for insurance costs. Fees for litigation and expert witness services will be charged at $450.00 per hour with a 4-hour minimum per day. Fees for subconsultant services provided are billed at actual cost plus 15 percent to cover overhead and administration, plus 3 percent for insurance costs. PAYMENT TERMS A late payment finance charge at a rate of 18 percent per annum will be applied to any unpaid balance commencing 30 days after the date of original invoice. This rate schedule is subject to annual and/or periodic revisions as necessary to accommodate inflationary trends, salary adjustments and the general costs of business.