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HomeMy WebLinkAboutNinyo & Moore Inc; 2012-02-28; TRAN861TRAN861 AGREEiVlENT FOR GEOTECHNICAL SERVICES FOR CAIVIINO HILLS SLOPE REPAIR, PROJECT NO. 6030 (NINYO & MOORE, INC.) r-^ THIS AGREEMENT is made and entered into as of the day of /^^jiS/^/^/j( /^\/ . 20 /£. by and between the CITY OF CARLSBAD, a municipal /")/and corporation, ("City'yand NINYO & MOORE, INC., a California corporation, ("Contractor"). RECITALS City requires the professional services of a geotechnical engineer that is experienced in slope stability. 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 foiiows: 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. TERIVI This Agreement will be effective for a period of twenty seven (27) months from the date first above written. 3. COMPENSATION The total fee payable for the Services to be performed will be four thousand four hundred dollars ($4,400.00). 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. City Attorney Approved Version 5/12/11 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-: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 Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements ofthe City of Carlsbad 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, 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 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. 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 5/12/11 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, INC., a California corporation (print/nanfe/title) CITY OF CARLSBAD, a municipal corporation of the State of California €ity Manager or Moyor or Director By: (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 officer(s) signing to bind the corporation. APPROVED AS TO FORM: RONALD R. BALL, City Attorney Assistant City Attorney City Attorney Approved Version 5/12/11 EXHIBIT "A' Februarys, 2012 Project No. 106434005 Mr. Jon Schauble City of Carlsbad 1635 Faraday Avenue Carlsbad, California 92008 Subject: Scope of Work for Inclinometer Readings Camino Hills Drive Slope Carlsbad, California Dear Mr. Schauble: In response to your request, we have prepared this scope of work for the performance of inclinome- ter readings along Camino Hills Drive near Jackspar Drive in Carlsbad, California. Two inclinometers were installed at the base of the slope south of Camino hills as part of previous studies per- formed at the site. We understand that the City of Carlsbad would like to perform additional readings of these inclinometers on a quarterly basis. PROPOSED SCOPE OF SERVICES We propose the following scope of services for this project site: • Performing a series of eight inclinometer readings in each of the existing inclinometers. The periodic readings are anticipated to be performed on a quarterly basis for the period of two years. • Submitting a quarterly technical memorandum summarizing and interpreting the data ob- tained from our inclinometer readings. FEE ESTIMATE Our services for this project will be billed on a lump sum basis. The fee for the services above is $550 per set of readings and technical memo for a total of $4,400 (Four Thousand Four Hun- dred Dollars). The presented fee is based upon the rates incorporated into our current Master Services Agreement with the City of Carlsbad. If services are requested that are beyond the scope presented above, they will be invoiced on a time and materials basis in accordance with the rates of our current agreement. 5710Ruffin Road • SanDiego, California92123 • Pnone(858j 576-1000 » Fax(858) 576-9600 San Diego • Imne * Los Angeles • fencho Cucamonga • Oakland • San Frandsco - Sacramento Lasvegas • moenix • Tucson • Prescott Vafiey • Denver • BPaso • Houston 23 Camino Hills Drive Slope Carlsbad, California Februarys, 2012 Project No. 106434005 This scope of work does not include the fees associated with the abandonment of the inclinome- ters. If requested subsequent to the performance of the periodic inclinometer readings, a scope and fee for the abandonment of the inclinometer in accordance with the Department of Envi- ronmental Health requirements can be provided. We appreciate the opportunity to provide this scope of work and look forward to continuing our relationship with the City of Carlsbad. Respectfully submitted, NINYO & MOORE Francis O. Moreland, PG, CEG Senior Geologist FOM/KHM/mmd Distribution: (1) Addressee Kenneth H. Mansir, Jr., PE, GE Principal Engineer 106434005 P CaninoHills.doc