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HomeMy WebLinkAboutNinyo & Moore; 2009-10-07; PWENG726PWENG726 AGREEMENT FOR MUROYA SUBDIVISION - GEOTECHNICAL REVIEW SERVICES (NINYO & MOORE) THIS AGREEMENT is made and entered into as of the _ day of 2009, by and between the CITY OF CARLSBAD, a municipal corporation, ("City"), and NINYO & MOORE, a California corporation, ("Contractor"). RECITALS City requires the professional services of an engineering consultant that is experienced in geotechnical services. 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 (1) year from the date first above written. 3. Compensation. The total fee payable for the Services to be performed will be four thousand six hundred two dollars ($4,602). 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, 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 City Attorney Approved Version #05.06.08 rating in the Best's Key Rating guide of at least A-:VII 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 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 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 #05.06.08 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 NINYO & MOORE, a California corporation *By: CITY OF CARLSBAD, a municipal corporation of the State of California By: (sign here) (print name/title) v /titl City Manager or Mayor or Authorized Signatory ATTEST: (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 Deputy City Attorney City Attorney Approved Version #05.06.08 EXHIBIT "A" and Environmental Science September 17, 2009 Proposal No. 106560001 Mr. Clyde Wickham City of Carlsbad Engineering Department 1635 Faraday Avenue Carlsbad, California 92008 Subject: Geotechnical Peer Review Proposed Muroya Residential Subdivision Black Rail Road Carlsbad, California Dear Mr. Wickham: In accordance with your request, Ninyo & Moore is pleased to submit this proposal to perform a peer review of the geotechnical feasibility of the subject project. As planned, the project will involve the construction of 37 single family residential structures and associated on-site improvements in- cluding retaining walls, and drainage improvements. For the preparation of this proposal your office provided us with a geotechnical investigation report for the project prepared by Geocon, dated July 14, 2009; a City of Carlsbad Memorandum regarding the project, and a response to review com- ments by Geocon. The services proposed herein will be provided under the terms of our Master Agreement with the City of Carlsbad. SCOPE OF SERVICES Our services will involve a peer review of the geotechnical report that you have provided to us and other pertinent information to be provided by your offices (such as the Tentative Map). A review of available, relevant in-house data will also be made. Comments and observations regarding the re- viewed documents will be provided to the City of Carlsbad in a letter format. We understand that the project geotechnical engineers may respond to our comments. If such a response is made we an- ticipate that the City of Carlsbad may request that we review and comment on their responses. 57!ORuffinRoad • San Diego. California 92!23 • Phone (858) 576-!000 • fex (858) 576-9600 San Diego • Irvine • Rancho Cucamonga • Los Angeles • Oakland * Las Vegas • Phoenix • Denver • El Paso Muroya Subdivision September 17, 2009 Carlsbad, California Proposal No. 106560001 FEE ESTIMATE Our fee for the described services will be invoiced on a lump sum basis. Our fee to perform the proposed services outlined above will be $3,800 (Three Thousand Eight Hundred Dollars). If the City of Carlsbad requests that we review and comment on the responses to our initial letter an additional fee of $800 (Eight Hundred Dollars) will accrue. Accordingly, the total lump sum fee would be $4,600 (Four Thousand Six Hundred Dollars). The attached Table 1 is an hourly breakdown of the fee. SCHEDULING We are prepared to begin our services immediately upon receiving your authorization. We ex- pect that our initial review and letter will be completed in two weeks following receipt of the documents to be reviewed. If the responses to our review comments are satisfactory, we will issue a second letter confirming such within two days. If this proposal meets with your approval, please send us your purchase order for the work. We appre- ciate the opportunity to submit this proposal and look forward to working with you on this project. Respectfully submitted, NINYO & MOORE Randal L. Irwin, C.E.G. 1521 Jonathan Goodmacher, C.E.G. 2136 Chief Engineering Geologist Manager/Principal Geologist RI/JG/ Attachment: Table 1 - Breakdown of Estimated Fee Muroya Subdivision September 17, 2009 Carlsbad, California Proposal No. 106560001 TABLE 1 - BREAKDOWN OF ESTIMATED FEE GEOTECHNICAL PEER Principal Engineer/Geologist/Environmental Scientist Senior Project Engineer/Geologist/Environmental Scientist Senior Staff Engineer/Geologist/Environmental Scientist Data Processing, Technical Editing, or Reproduction Subtotal REVIEW 8 22 3 1 hours (g hours @ hours (£ hour @ p $ £ $ g $ 2 $ 148 137 118 .00 .00 .00 50.00 /hour /hour /hour /hour $ $ $ $ $ 1 3 ,184.00 ,014.00 354.00 50.00 4,602.00 TOTAL ESTIMATED FEE $ 4,602.00 tyinyo