HomeMy WebLinkAboutMoraes Pham and Associates; 2013-09-17; UTIL1035UTILI 035
AGREEMENT FOR ELECTRICAL ENGINEERING SERVICES
(MORAES/PHAM & ASSOCIATES)
THISAGREEMENT is made and entered into as of the /^^^ day of
//^/^ T^y^/f/^/T" 2013. by and between the CITY OF CARLSBAD, a municipal
corpoi^ation, (''City''), and MORAES/PHAM & ASSOCIATES, a California corporation,
("Contractor").
RECITALS
City requires the professional services of an electrical engineering consultant that is
experienced in design and construction of power and control systems for wastewater lift
stations. 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 six (6) months from the date first above written.
3. COMPENSATION
The total fee payable for the Services to be performed will be paid on a time and materials basis
for a total not to exceed four thousand five hundred dollars ($4,500). 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 eariy termination of this Agreement.
City Attorney Approved Version 1/30/13
6. INSURANCE
Contractor will obtain and maintain policies of commercial general liability insurance, automobile
liability insurance, a combined policy of workers' compensation, employers liability insurance,
and professional liability Insurance from an insurance company authorized to transact the
business of Insurance in the State of California which has a current rating in the Best's Key
Rating guide of at least A-:Vll OR with a surplus line insurer on the State of California's List of
Eligible Surplus Line Insurers (LESLI) with a rating in the latest Best's Key Rating Guide of at
least "A:X", in an amount of not less than one million dollars ($1,000,000) each, unless
OthenA/ise authorized and approved by the Risk Manager or the City Manager. Contractor will
obtain occurrence coverage, excluding Professional Liability, which will be written as claims-
made coverage. The Insurance will be in force during the life of this Agreement and will not be
canceled without thirty (30) days prior written notice to the City by certified mail. City will be
named as an additional insured on General Liability which shall provide primary coverage to the
City. Contractor will furnish certificates of insurance to the Contract Department, with
endorsements to City prior to City's execution of this Agreement.
7. CONFLICT OF INTEREST
Contractor shall file a Conflict of Interest Statement with the City Clerk In accordance with the
requirements of the City of Carisbad Conflict of Interest Code. The Contractor shall report
investments or interests In all four categories.
8. COMPLIANCE WITH LAWS
Contractor will comply with all applicable local, state and federal laws and regulations prohibiting
discrimination and harassment and will obtain and maintain a City of Carlsbad Business License
for the term of this Agreement.
9. TERMINATION
City or Contractor may terminate this Agreement at any time after a discussion, and written
notice to the other party. City will pay Contractor's costs for services delivered up to the time of
termination. If the services have been delivered in accordance with the Agreement.
10. CLAIMS AND LAWSUITS
By signing this Agreement, Contractor agrees it may be subject to civil penalties for the filing of
false claims as set forth in the California False Claims Act, Government Code sections 12650,
et seg.. and Carisbad Municipal Code Sections 3.32.025, et seg. Contractor further
acknowledges that debarment by another jurisdiction 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, 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 1/30/13
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
MORAES/PHAM & ASSOCIATES,
a California corporation
By:
^1
(sign here)
(print name/title)
CITY OF CARLSBAD, a municipal
corporation of the State of California
anogor or Mayor or Director
(sign here)
(print name/title) ^
If required by City, proper notarial acknowledgment of execution by contractor must be
attached. If a corporation. Agreement must be signed by one corporate officer from each of the
following two groups:
Group A.
Chairman,
President, or
Vice-President
Group B.
Secretary,
Assistant Secretary,
CFO or Assistant Treasurer
Otherwise, the corporation must attach a resolution certified by the secretary or assistant
secretary under corporate seal empowering the offlcer(s) signing to bind the corporation.
APPROVED AS TO FORM:
CELIA A. BREWER, City Attorney
Assistant City Attorne
City Attorney Approved Version 1/30/13
HXHiBiT A
MP A MORAES/PHAM & ASSOCIATES
2131 Palomar Airport Road • Suite 120 • Carlsbad • CA 92011 • Fax (760) 431-7179 • Tel. (760)431-7177
August 26, 2013
Mark Biskup
Associate Engineer
City of Carisbad
1635 Faraday Ave.
Carisbad, CA 92008
Subject: Ten-amar Uft Station Relocation
Mark,
We have completed the design phase for this project under a P.O. that has expired.
The construction phase consists of additional SDG&E coordination, submittal reviews, RFFs, and
record drawings.
I recommend a budget of $4,500.00 for this phase of the project.
We will Invoice monthly on a time and material basis with the following billing rates.
Principal Engineer: $165/hr
Engineer: $135/hr
Drafter: $95/hr
Please provide a P.O. for this phase ofthe project.
Regards,
Joe Moraes, P.E.
President