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HomeMy WebLinkAboutO'DAY CONSULTANTS INC; 2011-11-15; UTIL853UTIL853 AGREEMENT FOR RIGHT OF WAY SERVICES (O'DAY CONSULTANTS, INC.) HIS AGREEMENT is made and entered into as of the XO day of 20//. by and between the CITY OF CARLSBAD, a municipal corporation, ("City"), and O'DAY CONSULTANTS, INC., a California corporation, ("Contractor"). RECITALS City requires the professional services of a civil engineer consultant that is experienced in right of way acquisition. 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 ten thousand dollars ($10,000). 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 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 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 CITY OF CARLSBAD, a municipal O'DAY CONSULTANTS, INC., a California corporation of the State of California corporation By: />-? ^—^/ By: City Manager or Mayor or Director (print name/title) By: 7 (sign hel/e) (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. Group B. Chairman, Secretary, President, or Assistant Secretary, Vice-President 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 By:. Xssi?tanTCit^\Attorney City Attorney Approved Version 5/12/11 CDNSULTA/^NTS Civil Engineering ' Surveying CORPORATE RESOLUTION I, Patrick N. O'Day, the duly appointed President is also acting as Secretary of O'Day Consultants, Inc., certifies that: Patrick N. O'Day may sign as President and Secretary of O'Day Consultants, Inc., having being so appointed by a resolution of the Board of Directors. RESOLVED, that Patrick N. O'Day has full authority to sign any and all documents on behalf of O'Day Consultants, Inc. Patrick N/O'Day, Se/Mary Sole Shareholder arra/Sole Director Date O'Day Consultants Inc. 2710 Loker Avenue West, Suite 100 Carlsbad, California 92008-6603 E-mail: oday@odayconsultants.com Website: www.odayconsultants.com Tel: 760.931.7700 fax: 760.931.8680 EXHIBIT A C 0 N S U L T A^N T S Civil Engitwering • Smviymg Promo No. 11-0272 October 27, 2011 Scope of Services and Fee Estimate for Assistance with Right-of-Way Acquisition City of Carlsbad Northwest Quadrant Storm Drain Program Scope of Work Fee Estimate: Time and Materials Not to Exceed $10,000.00 without prior written authorization. Assist the City of Carlsbad with Professional Engineering and Surveying Services as requested, including, but not limited to: A. Assisting the Engineering Department with right-of-way acquisition(s). B. Meetings and discussion with property owner(s). C. Meetings and consultation with City staff. D. Coordination with banks and lenders. E. Completion of grant deed(s), subordination agreements, and other supporting documentation as needed to obtain signed grant deed(s) and subordination agreement(s). F. Reproduction, delivery, and other reimbursable costs/expenses. Does Not Include: Agency fees/recording fees/permit fees. Title reports or updates. O'Day Consultants, Inc. 2710 Loker Avenue West, Suite 100, Carlsbad, CA 92010 www.odavconsultants.com Tel: 760.931.7700 Fax: 760.931.8680 Civil Engineering • Surveying Certified: SDVOSB • DVBE • SBE • SLBE SCHEDULE OF HOURLY BILLING RATES June 1,2011 OFFICE ENGINEERING Project Manager $164.00 Project Engineer 146.00 Design Engineer 129.00 AutoCad Technician 112.00 Drafter/Engineering Aide 85.00 Word Processing 60.00 FIELD ENGINEERING 3 Man Survey Crew $280.00 2 Man Survey Crew 195.00 GPS or Robotic Surveying 186.00 1 Man Survey Crew/Survey Chief 123.00 CONSULTATION Principal $240.00 All out-of-pocket expenses, such as filing fees, printing, and reproduction costs, will be extra and invoiced at our direct cost plus 15%. Prevailing wage projects will be charged a higher rate for field engineering. Four (4) hour minimum charge for survey crew time. Any site visits less than 4 hours will be charged as extra work to fixed fee scopes of work. Rates are subject to periodic increase.