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HomeMy WebLinkAboutRick Engineering Company; 2015-10-22; TRAN1260TRAN1260 AGREEMENT FOR PROFESSIONAL SERVICES RICK ENGINEERING COMPANY jREEMENT is made and entered into as of the day of , 2015, by and between the CITY OF CARLSBAD, a municipal corporation, ("City"), and RICK ENGINEERING COMPANY, a California corporation, ("Contractor"). RECITALS City requires the professional services of a civil engineering firm that is experienced in storm water engineering. 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 based on time and materials for the Sen/ices to be performed will be six (6) thousand dollars ($6,000). 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 ofthis section, and that this section will sun/ive the expiration or early termination ofthis Agreement. city Attorney Approved Version 4/1/15 TRAN 1260 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-:Vir'; 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 othenwise 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 ofthis 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 Carisbad Business License for the term ofthis 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, ifthe 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, ef seq., and Carisbad Municipal Code Sections 3.32.025, et seq. Contractor further acknowledges that debarment by another jurisdiction is grounds for the City of Carisbad 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 TRAN 1260 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 Contractorto the terms and conditions ofthis Agreement. CONTRACTOR RICK ENGINEERING COMPANY, a California corporation (sign here) Kai Ramer / Vice President (print name/title) (print name/title) CITY OF CARLSBAD, a municipal corporation of the State of California By: Patrick A. Thomas/ Public Works Director 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:. Acciotofit City Attorney city Attorney Approved Version 4/1/15 TRAN 1260 EXHIBIT "A" SCOPE OF SERVICES The following scope of work and fee has been prepared to review the drainage study prepared by O'Day Consultants, Inc. for Rancho Costera (Robertson Ranch West Village) and determine if the HEC-RAS analyses for Kelly Channel requires revisions: Task 1: Review Documents 1. Review the above mentioned drainage study to determine drainage area/boundary and storm event discharges calculated to the Kelly Drive channel at the intersection of El Camino Real. 2. Review the City of Carisbad GIS Based Master Drainage Plan (dated May 4, 2005) to determine drainage area/boundary and storm event discharges to the Kelly Drive channel at the intersection of El Camino Real. These are the storm event (except for the 2-year) discharge rates used for the report prepared by Rick Engineering Company titled "Kelly Drive Channel Maintenance Project Preliminary Alternative Analysis", dated September 17, 2007. 3. Prepare a letter with exhibits presenting the findings with respect to drainage area and storm event discharges. One exhibit will be prepared showing these results from both studies listed above. Fee: $3,780 Task 2: Meeting with Citv of Carisbad to discuss results of research and to determine next step 1. Meet with the City of Carisbad to discuss the results of the research in Task 1 above. The "Kelly Drive Channel Maintenance Project Preliminary Alternative Analysis", prepared by Rick Engineering Company, dated September 17, 2007 provided seven (7) alternatives analyses for the maintenance of the Kelly Drive Channel. 2. The goal of the meeting is to determine what is the City of Carisbad's goal moving fonward with the maintenance of the Kelly Drive Channel and to evaluate the results of Task 1 above as they relate to the City's goal. 3. Meeting time is assumed at hwo-hours with a RICK designer and PM attending the meeting. Fee: $1,280 Task 3: Incidental Costs Fee: $940 Total: $6,000 The results of this scope of work will be the basis of the next phase of the scope. At the conclusion of Task 2, direction will be provided and it is anticipated that a clear scope of work will be identifled for Phase 2. Rick Engineering Company will then prepare a scope and fee for Phase 2. Total Fess to be paid based on time and materials per the attached Houriy Rate Sheet. City Attorney Approved Version 4/1/15 RICK ENGINEERING COMPANY Hourly Rates - California Offices February 1,2015-June 26, 2015 Principal Consultant (Special Projects) $ 250.00 Principal 225.00 Associate Principal 210.00 Associate/Manager 195.00 Expert Witness 400.00 Court Appearance per half day or part 1,600.00 Principal Project Engineer/Manager 170.00 Associate Project Engineer/Manager 155.00 Assistant Project Engineer/Manager 140.00 Principal Engineering Designer 125.00 Associate Engineering Designer 115.00 Assistant Engineering Designer 105.00 Principal Engineering Drafter 105.00 Associate Engineering Drafter 90.00 Assistant Engineering Drafter 80.00 Principal Construction Engineer/Manager $170.00 Associate Construction Engineer/Manager 155.00 Assistant Construction Engineer/Manager 140.00 Principal Construction Technician 125.00 Associate Construction Technician 115.00 Assistant Construction Technician 105.00 Senior Transportation/Traffic Engineer $195.00 Principal Transportation/Traffic Engineer 170.00 Associate Transportation/Traffic Engineer 155.00 Assistant Transportation/Traffic Engineer 140.00 Principal Transportation/Traffic Designer 125.00 Associate Transportation/Traffic Designer 115.00 Assistant Transportation/TratYlc Designer 105.00 Director ofPlanning $210.00 Principal Project Planner 185.00 Senior Project Planner 155.00 Assistant Project Planner 140.00 Senior Planner 130.00 Associate Planner 112.00 Assistant Planner 105.00 Senior Planning Technician 100.00 Associate Planning Technician 90.00 Assistant Planning Technician 80.00 Planning Assistant 70.00 Principal Water Resources Designer $125.00 Associate Water Resources Designer 115.00 Assistant Water Resources Designer 105.00 Principal Environmental Project Manager 155.00 Associate Environmental Project Manager 140.00 Assistant Environmental Project Manager 125.00 Principal Environmental Specialist 112.00 Associate Environmental Specialist 107.00 Assistant Environmental Specialist 102.00 Environmental Technician 79.00 Principal Landscape Architect Associate Landscape Architect Principal Project Landscape Architect/Manager.. Associate Project landscape Architect/Manager . Assistant Project Landscape Architect/Manager.. Principal Landscape Designer Associate Landscape Designer Assistant Landscape Designer Principal Landscape Drafter Associate Landscape Drafter Assistant Landscape Drafter .$195.00 ...155.00 ...130.00 ...120.00 ...110.00 ...100.00 95.00 90.00 80.00 75.00 70.00 Photogrammetry Supervisor. Principal Photogrammetrist.. Associate Photogrammetrist. Assistant Photogrammetrist.. .$135.00 ...110.00 ...100.00 95.00 GIS Manager GIS Coordinator Principal GIS Analyst Associate GIS Analyst Assistant GIS Analyst Principal Graphics Designer.. Associate Graphics Designer. Assistant Graphics Designer.. .$170.00 ...140.00 ...115.00 ...110.00 98.00 ...105.00 ...100.00 85.00 Field Supervisor One-person Survey Party One-person Survey Party with Robotics. Two-person Survey Party Three-person Survey Party .$170.00 ...130.00 ...180.00 ...200.00 ...260.00 3D Laser Scanning Crew (One-Person).. 3D Laser Scanning Crew (Two Person). .$210.00 ...250.00 Principal 3D Laser Scanning Associate 3D Laser Scanning Assistant 3D Laser Scanning Principal 3D Laser Scanning Associate 3D Laser Scanning Assistant 3D Laser Scanning Principal 3D Laser Scanning Associate 3D Laser Scanning Assistant 3D Laser Scanning Project Manager.. Project Manager. Project Manager.. Specialist Specialist Specialist Technician Technician Technician .$170.00 ...155.00 ...140.00 ...125.00 ...115.00 ...105.00 ...105.00 90.00 80.00 Computing & Mapping Director.. Principal Survey Analyst Associate Survey Analyst Assistant Survey Analyst .$170.00 ...155.00 ...125.00 ...100.00 Associate Project Administrator. Assistant Project Administrator.. Administrative Assistant .$65.00 ...55.00 ...60.00 Rates subject to change for prevailing wage contracts. When authorized, overtime shall be charged at the listed rates times 1.3. Unless otherwise agreed upon, we shall charge for printing, reproduction, deliveries, transportation, and other expenses. A ten (10) percent fee for administration, coordmation and handling will be added to all subcontracted services.