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HomeMy WebLinkAboutREC Consultants Inc; 2015-07-17;AGREEMENT FOR HYDROMODIFICATION TRAINING SERVICES REC CONSULTANTS, INC. THIS AGREEMENT is made and entered into as of the ly~fh day of ^JAI 2QJS, by and between the CITY OF CARLSBAD, a municipal corporationrf'City"), and REC Consultants Inc., a California Corporation, ("Contractor"). RECITALS City requires the professional services of a firm that is experienced in Hydromodification Training. 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 six (6) months from the date first above written. 3. COMPENSATION The total fee payable for the Services to be performed will be two thousand nine hundred and sixty dollars ($2,960). 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 4/1/15 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 Best's Key Rating of not less than "A-:VH"; OR with a surplus line insurer on the State of California's List of Approved Surplus Line Insurers (LASLI) with a rating in the latest Best's Key Rating Guide of at least "A:X"; OR an alien non- admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report, in an amount of not less than one million dollars ($1,000,000) each, unless OthenA/ise 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. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. 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 sen/ices 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, etseq. 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 City Attorney Approved Version 4/1/15 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: REG^onsultants, Inc. (print name/title) (sign here) V (print name/title) ^^^^'.^^^ CITY OF CARLSBAD, a municipal corporation of the State of California '^Gity Manager or Mayor or Director ATTEST: BARBARA ENGLESON City Clerk 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 By:. Assistant :torn€ City Attorney Approved Version 4/1/15 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE §1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of Califomia County of r?A/A Hlf c") ) On sIv^J^^ ) , before me, CTf AAl4£ ^^^^4^^^ A^/^V Pui^i/ P . . Date Here Insert Name and Title of tfie Officer personally appeared HflSxtB A. I\C>D^ (?ITCVQA P\f\{i ^1 ^u^A Q.C^)^B^^6 r\ Name(s) of Signer(^ ' who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that -he/she/they executed the same in -bis/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. JEANETTE R. OANNER CWilllOll # 1997742 IMary PuMic-Calif ornii SM Oiago County ^ 1 WITNESS my hand and official seal. Signatu Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this infoimation can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document > ,> i ^ iXi PAlj6A~tKj\ir\ mQ Title or Type of Document: Ac> A.£th\f/tl •H-|^<^r^6'^(jnlli=hent Date: ^ Si^ner(s) Other Than Named Above: ~ Number of Pages: Capacity(ies) Claimed by Signer(s) | Signer's Name: A^UCf A. /<r>K^(g4-;fi -Sl Corporate Officer - Titlets): ^ f • Partner — • Limited • General • Individual • Attomey in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: Signer's Name:Ebf^^n ^^^fij^on X Corporate Officer - Title(si: to.^ i d ? A4 • Partner — • Limited • General • Individual • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: ©2014 National Notary /Association • www.NatlonalNotary.org • 1 -800-US NOTARY (1 -800-876-6827) Item #5907 EXHIBIT "A" SCOPE OF WORK REC foresees the following task: • Task 1 - 4 Training Sessions, 3 hours each - Dr. Parra will start the first training session regarding basic and advanced concepts of hydromodification and SWMM capabilities, Flow Duration Curve objective and meaning, as well as explaining the variables in the model that enables the preparation of pre and post-development conditions before any BMP is included. The second session, Mr. Edwards will run some examples, explain what to review in this instance, clarify issues in terms of POCs, diversion of areas, and other practical situations. In the third session Dr. Parra will explain details of the modeling effort for BMPs, mainly bio-retention cells, diversions, and detention/retention basins. In the final session Mr. Edwards will present examples of reviewing LID facilities (in particular the parameters for the LID module), explain the C coefficient for this module (which is a relatively advanced concept and that is tied to the diameter of the low flow orifice) and present the final remarks. REG Consultants proposes to provide the services as outlined in Exhibit B, "Scope of Work", for the following compensation: $2,960 at our fee schedule, distributed as follows: Dr. Parra: 6 hrs of training at $170/hr, 4 hr of class preparation and travel time at $140/hr. Mr. Edwards: 6 hrs of training at $150/hr, 4 hr of class preparation and travel time at $120/hr,