HomeMy WebLinkAboutNinyo and Moore; 2012-09-25; UTIL894UTIL894
AGREEMENT FOR GEOTECHNICAL ENGINEERING SERVICES
FOR PARK DRIVE WATER PIPELINE AND SURFACE IMPROVEMENTS
SOUTH OF ADAMS, PROJECT NO 5030
(NINYO & MOORE)
THIS AGREEMENT is made and entered into as of the day of
IT^y^/^^y^ , 2012, by and between the CARLSBAD MUNICIPAL
WATER DISTRICT, a Public Agency organized under the Municipal Water Act of 1911, and a
Subsidiary District of the City of Carlsbad, ("CMWD"), and NINYO & MOORE, a California
corporation, ("Contractor").
RECITALS
CMWD requires the professional services of geotechnical engineering that is
experienced in reviewing improvement plans and making geotechnical engineering
recommendations. Contractor has the necessary experience in providing these professional
services, has submitted a proposal to CMWD and has affirmed its willingness and ability to
perform such work.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, CMWD and Contractor agree as follows:
1. SCOPE OF WORK
CMWD 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 three thousand two hundred
dollars ($3,200). No other compensation for the Services will be allowed except for items
covered by subsequent amendments to this Agreement. CMWD reserves the right to withhold a
ten percent (10%) retention until CMWD 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 CMWD. Contractor will be under the control of
CMWD only as to the results to be accomplished.
5. INDEMNIFICATION
Contractor agrees to indemnify and hold harmless CMWD 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 CMWD incurs
or makes to or on behalf of an injured employee under the CMWD's self-administered workers'
General Counsel Approved Version 2/17/12
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 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 (LESLl) 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 Risk Manager or the Executive 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 CMWD by certified mail. CMWD will be
named as additional insured on General Liability which shall provide primary coverage to
CMWD. Contractor will furnish certificates of insurance to CMWD with endorsements to CMWD,
prior to CMWD'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 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
CMWD or Contractor may terminate this Agreement at any time after a discussion, and written
notice to the other party. CMWD 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 Carlsbad Municipal Code Sections 3.32.025, et seg. Contractor further
acknowledges that debarment by another jurisdiction is grounds for CMWD 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 CMWD.
General Counsel Approved Version 2/17/12
13. AMENDMENTS
This Agreement may be amended by mutual consent of CMWD 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 terms and conditions of this Agreement.
CONTRACTOR
NINYO & MOORE, INC., a California
corporation
By:
(sign here)^
(prirtt n^me/title)
CARLSBAD MUNICIPAL WATER
DISTRICT, a Public Agency organized
under the Municipal Water Act of 1911, and
a Subsidiary Distrjpt of the Cjty of Carlsbad
resident, Exocutivo Manager w Director
By
(sign here)
(print name/title)
If required by CMWD, 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, General Counsel
By:
Assistant General
General Counsel Approved Version 21X1IM
EXHIBIT "A"
SCOPE OF SERVICES
Contractor shall perform field reconnaissance, review existing improvement plans and
geotechnical report and update recommendations in a letter report per that attached scope of
work dated September 6, 2012.
General Counsel Version#05.06.08
EXHIBIT A
Get)technical and Cnvtronmentai Scfc-nces Con^uitonis
Septembers, 2012
Proposal No. P-20829
Ms. Sherri Howard, PE
City of Carlsbad
Public Works Engineering
1635 Faraday Avenue
Carlsbad, California 92008
Subject: Scope and Fee for Geotechnical Services
Park Drive Pavement Repair
Carlsbad, California
On-Call Contract No. PWENG 708
Reference: Ninyo & Moore, 2009, Geotechnical Evaluation, Park Drive Pavement Repair,
Carlsbad, California: dated April 7.
Dear Ms. Howard:
In response to your request, we are pleased to submit this proposal to provide geotechnical
services in connection with the referenced project. We understand that the City is in the process
of having repair plans and specifications for the subject project prepared.
SCOPE OF SERVICES
Based on our understanding of the project, we propose the following scope of services:
• Performing a field reconnaissance to observe current site conditions.
• Reviewing our geotechnical evaluation report and providing an addendum letter with up-
dated recommendations (if required).
• Performing a plan and specification review and preparing a letter regarding conformance
with our geotechnical evaluation report.
FEE ESTIMATE
Our fees for the services described for the project will be invoiced on a time and material basis
in accordance with our on-call contract Schedule of Fees. Our estimated fee to perform the geo-
technical services outlined above will be $3,200 (Three Thousand Two Hundred Dollars).
57}0RufRnRoad • San Diego. Califomia 92123 • Phone (858) 576-1000 - Fax (858) 576-9600 2J
San Diego • Irvfne Los/Vigdes • l^ncfio Cucamonga • Oafdand
i-as Vegas • Phoenix • Tucson • Pnescott Valley • Denver
SanRandsco • Sacramenco
B Paso • Houston
Park Drive Pavement Repair September 6, 2012
Carlsbad, California Proposal No. P-20829
SCHEDULING
We are prepared to begin our services immediately based on your verbal authorization. Please
send us your fee allotment formalizing the notice to proceed. We appreciate the opportunity to
be of continuing service.
Respectfully submitted,
NINYO & MOORE
Francis O. Moreland, PG, CEG () Jonathan Goodmacher, PG, CEG
Senior Geologist ^ Principal Geologist
FOM/JG/gg
Distribution: (1) Addressee