HomeMy WebLinkAboutNV5 Inc; 2015-03-03; TRAN1183TRAN 1183
AGREEMENT FOR SURVEYING SERVICES FOR THE 2014/15
LAS ENCINAS CREEK BRIDGE REVETMENT MONITORING
NVS, INC.
.iTHIS AGREEMENT is made and entered into as of the day of
2015, by and between the CITY OF CARLSBAD, a municipal
corporation, ("City"), and NVS, INC. a California corporation, ("Contractor").
RECITALS
City requires the professional services of a land surveying and engineering firm that is
experienced in civil engineering and land surveying. 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 6 months from the date first above written.
3. COMPENSATION
The total fee payable for the Services to be performed will be nine thousand seven hundred fifty
dollars ($9,750.00). 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 forthe purposes of this section, and that this
section will survive the expiration or early termination of this Agreement.
City Attorney Approved Version 1/30/13
TRAN 1183
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 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 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, 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. 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
TRAN 1183
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.
CORPORATION
NV5 INC., a California corporation
By:.
(sign here)
Qafr\^r\ ise^Si-^/- ^yoHeJ 6v<ei^f^
(print nameAttle)
CITY OF CARLSBAD, a municipal
corporation of the State of California
City Managor'qr//layor or Director
Patrick Thomas
sign here)
f^^'Qo o^feg^, Cd^t^ SgcAcmAl
(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:
CELIA A. BREWER, City Attorney
Assistant City Attqrney
City Attorney Approved Version 1/30/13
NIVI5
NVS, INC.
CORPORATE RESOLUTION
The undersigned, MaryJo O'Brien, does hereby certify, on behalf of NV5, Inc., a
Califomia corporation (the "Corporation"), that:
1) She is an officer of the Corporation and is duly authorized to respond on behalf of
the Corporation; and
2) She is familiar with the corporate structure of the Corporation and its affiliates;
3) She is appointed as Secretary of the Corporation by NVS, Inc.
4) She is duly authorizing Carmen Kasner, Regional Chief Executive for NVS, Inc.,
to act on the behalf of the Corporation for the purpose of executing contracts with
the City of Carlsbad up to a contract value of $500,000.
IN WITNESS WHEREOF, the undersigned has affixed her signature this 6* day of
February, 2015.
ary Jo O'^ri^h, Secretary
BEYOND ENOWEEfUNO
February 03, 2015
EXHIBIT "A"
SCOPE OF WORK
This scope of work is for providing high definition scanning along with a Report on the condition
of the revetment at Las Encinas Creek Bridge. When the bridge and revetment construction
was completed in 2010, NVS staff set up several monuments at the bridge and rip rap to monitor
the condition of the revetment and determine if any corrective measures need to be taken. This
was done as a special condition of approval by the California Coastal Commission for the
construction ofthe new bridge. Since then, NVS has been monitoring the revetment by using
our High Definition Scanning capabilities on a yearly basis, and providing a report with our
findings, along with a table comparing the movement, if any, of the rip rap. Although the CCC's
conditions of approval did not have a specified time frame, the City had asked NVS (previously
known as Nolte Associates, Inc.) to perform that service since 2010.
In March of 2015, NVS survey crew and project manager will head out to the site to set up the
High Definition Scanning equipment to perform the survey, using the monuments that had been
set up back in 2010. A cursory inspection of the bridge will be performed simultaneously, to
detect and report on any anomalies and take photos of the current conditions. Once the survey
is completed, all the point data will be downloaded and compiled at the office, and compared to
the baseline point data obtained back in 2010.
The report will then be prepared and submitted to the City prior to May 1^', 2015. The report will
incorporate our findings, as well as current photos compared to previous year's photos and the
completed comparison table.
We propose to perform the above services on a Lump Sum Fixed Fee amount of Nine
Thousand Seven Hundred and Fifty Dollars ($9,750.00).
Please do not hesitate to call me at 858.385.2128 (direct line) or 858.705.2430 (cellular) if you
have any questions concerning our proposal, or need additional information.
Respectfully submitted,
NV5, Inc.
irir7sSicarrDSrPr&-~
ssociate / Engineering Manager
OFFICES NATIONWiOe
I5070 AVENUE OF SciEtfCE, STE ICO | SAM DIEOO, CA 92128 | WWW.NVS.COM | OFFICE 858 ,385 0500 | FAX 858 385,0400
CONSTRUCTION QUALITY ASSURANCE - IHFRASTRUCTURE ENGINEERING - ENERaT SERVICES • PROGRAM MAHAOEMENT • EHVIHOMMENTAL SERVICES