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HomeMy WebLinkAboutProject Design Consultants; 2007-06-18;AGREEMENT FOR PROFESSIONAL ENGINEERING DESIGN SERVICES (PROJECT DESIGN CONSULTANTS) THIS AGREEMENT is made and entered into as of the v day of _ Vmjyv^--^ 2007, by and between the CITY OF CARLSBAD, a municipal corporafJfcnV ("City"), and PROJECT DESIGN CONSULTANTS, a California corporation, ("Contractor"). RECITALS City requires the professional services of a Civil Engineering Consultant that is experienced in Roadway Design. 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 year from the date first above written. 3. Compensation. The total fee payable for the Services to be performed will be nine thousand five hundred dollars ($9,500). 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 #11.28.06 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-:V in an amount of not less than five hundred thousand dollars ($500,000) 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 and Automobile 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 #11.28.06 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 PROJECT DESIGN CONSULTANTS, a California corporation CITY OF CARLSBAD, a municipal corporation of the State of California !!2, City Manner or Mayor or Authorized Signatory ATTEST: (prirtt name/title) (e-mail address)RRAI City Clerk (sign here) (print name/title) (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 City Attorney Approved Version #11.28.06 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 583^a@e@s@eig!e@&gs^^ State of California -of Sa\oCounty ft- On |YVu.\ O'V^rr/ "I Date personally appeared before me, Name and Title of Officer (e.g., "Jane Doe, \.KtrlfiS an A j' Public") Name(s) of Signer(s) A.EECKHOUT ComnMon 41619099 Notary feMc. CONOR*) ton Otage County My Comm. tim»MHo»5. personally known to me D proved-t^me-en the basis of satisfactory evidence to be the person(s) whose name(s) jef/are subscribed to the within instrument and acknowledged to me that be/she/they executed the same in ,kts/her/their authorized capacity(ies), and that by hts/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Place Notary Seal Above WITNESS my hand and official seal.u o^-— Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: ^ - j Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: K]C?£\i *(" ^A *-•: hrc i t^-S D Individual IS Corporate Officer — Title(s): C £ C'' D Partner — D Limited D General Q Attorney in Fact D Trustee D Guardian or Conservator D Other: RIGHT THUMBPRINT OF SIGNER Top of thumb here ^Signer Is Representing: TVrg. ( V Utcp Signer's Name: UcWIA L D Individual 0 Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here © 2004 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 Item No. 5907 Reorder: Call Toil-Free 1-800-876-6827 PROJECT DESIGN CONSULTANTS 701 B STREET, SUITE 800 SAN DIEGO, CA 92101 619.235.6471 TEL 619.234.0349 FAX WWW.PROJECTDESIGN.COM File: F07-277 May 11, 2007 Mr. Marshall Plantz CITY OF CARLSBAD 1635 Faraday Avenue Carlsbad, CA 92008 SUBJECT: Palomar Airport Road and Melrose Avenue Engineering and Surveying Support Services for Right Turn Lane Dear Marshall: We have prepared this budget request for your approval and authorization for engineering services for Bressi Ranch for Palomar Airport Road. Project Design Consultants (PDC) will design a right lane turn pocket at the intersection of Palomar Airport road and Melrose Drive to support the EIR mitigation conditions. The scope of work for this work effort is as follows: I. ENGINEERING A. Prepare an improvement plan construction change (Dwg. No. 400-8H) to add a right turn lane on eastbound Palomar Airport Road right into Melrose Drive. The design of the right turn lane is based on the City's direction given to Project Design Consultants (PDC) at a City Meeting on February 9, 2006. These revisions will be constructed within the existing right-of-way. Any off-site constraints, (right-of-way, grading) are not included in this change order and can be addressed separately. FIXED FEE $ 6,500 B. At the request of the city, PDC will revise the curb return design (southbound Melrose) to incorporate the proposed widening on Melrose Avenue. This design would allow for the eastbound right turn lane on Palomar Airport Road to tie into the southbound widening on Melrose Avenue. FIXED FEE $ 1,500 TOTAL ITEM I FIXED FEE $ 8,000 SAN DIEGO • PHOENIX • TEMECOLA • BAKERSFIELD R/WP/CON/F07/07-277SCPLET.DOC PROJECT DESIGN CONSULTANTS Mr. Marshall Plantz May 11,2007 Page 2 of2 II. SURVEYING SERVICES PDC will survey existing curb sidewalk and appurtenances along Palomar Airport Road (between Sta. 159+00 and Sta. 165+00). These survey shots will be used as the basis for the design in Item I above. ITEM II FIXED FEE $ 1,500 TOTAL FIXED FEE AMOUNT $ 9,500 ASSUMPTIONS AND EXCLUSIONS 1 . Grading plans and easements for the right turn pocket are being prepared by others and are not included in this scope. 2. Per the City's direction, traffic control plans will be handled by the contractor and is not included in this scope. 3. Landscape and dry utility coordination is not included in this scope, but can be addressed separately. 4. Per the City's direction, no additional bonding will be required. If this budget is acceptable, please acknowledge by signing in the space provided below and return one signed original for our files. Very truly yours, Marina N. Wurst, PE Assistant Vice President ACKNOWLEDGED AND ACCEPTED BY: Date R/WP/CON/F07/07-277SCPLET.DOC