HomeMy WebLinkAboutRight of Way Engineering Services Inc; 2011-09-28; UTIL843UTIL843
AGREEMENT FOR SURVEYING SERVICES
(RIGHT-OF-WAY ENGINEERING SERVICES, INC.)
ENT is made and entered into as of the c>c o day
2011, by and between the CARLSBAD
MUNICIPAL WATER DISTRICT, a Public Agency organized under the Municipal Water Act of
1911, and a Subsidiary District of the City of Carlsbad, referred to as ("CMWD"), and RIGHT-
OF-WAY ENGINEERING SERVICES, INC., a California Corporation, ("Contractor").
RECITALS
CMWD requires the professional services of a licensed surveyor that is experienced in
surveying. Contractor has the necessary experience in providing these professional services,
has submitted a proposal to CMWD and has affirmed its willingness and ability to perform such
work.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, CMWD and Contractor agree as follows:
1. Scope of Work. CMWD 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 three
thousand three hundred eighty dollars ($3,380). No other compensation for the Services will be
allowed except for items covered by subsequent amendments to this Agreement. CMWD
reserves the right to withhold a ten percent (10%) retention until CMWD 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 CMWD.
Contractor will be under the control of CMWD 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.
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
General Counsel Approved Version #05.06.08
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 General Counsel or the Executive 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 CMWD by certified mail.
CMWD and the City of Carlsbad will be named as additional insureds on General and
Automobile liability. Contractor will furnish certificates of insurance to CMWD, with
endorsements to CMWD prior to CMWD's execution of this Agreement.
7. Conflict of Interest. CMWD will evaluate Contractor's duties pursuant to this Agreement
to determine whether disclosure under the Political Reform Act and CMWD'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 Secretary of the Board those schedules
specified by CMWD 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. CMWD or Contractor may terminate this Agreement at any time after a
discussion, and written notice to the other party. CMWD 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
Carlsbad Municipal Water District 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 CMWD.
13. Amendments. This Agreement may be amended by mutual consent of CMWD and
Contractor. Any amendment will be in writing, signed by both parties, with a statement of
estimated changes in charges or time schedule.
General Counsel Approved Version #05.06.08
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
RIGHT-OF-WAY ENGINEERING SERVICES,
INC., a California corporation
"By
(sign here)
(print name/title)
-a
CARLSBAD MUNICIPAL WATER
DISTRICT, a Public Agency organized
under the Municipal Water Act of 1911,
and a Subsidiary District of the City of
Carlsbad
By:
Executive Manager, President or
Director
(e-mail address)
*By:
(sign here)
(print name/title)
ATTEST:
LORRAINE M. WOOD
Secretary
(e-mail address)
If required by CMWD, 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,
CFOor
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, General Counsel
By:.
Deputy General Counsel
General Counsel Approved Version #05.06.08
Right-Of-Way Engineering Services, Inc.
Land Surveying
RESOLUTIONS ADOPTED BY UNANIMOUS WRITTEN CONSENT
OF THE BOARD OF DIRECTORS OF
RIGHT-OF-WAY ENGINEERING SERVICES, INC.
A California corporation
THE undersigned, being all the directors of RIGHT-OF-WAY ENGINEERING SERVICES,
INC., A California Corporation, by this writing approve the following resolutions and consent to
their adoption:
WHEREAS, the Board of Directors of this Corporation, desires to grant to the Officers of this Corporation,
the power to execute all corporate instruments and documents, or to sign the corporate name without
limitation, each acting alone and without approval of signature of any other corporate Officer.
NOW, THEREFORE, BE IT RESOLVED, that MICHAEL L. SCHLUMPBERGER is hereby
authorized and directed to act alone in signing any and all corporate documents of any kind or nature,
and/or related instruments, for the benefit of the Corporation, on such terms and conditions as MICHAEL
L. SCHLUMPBERGER, in his sole discretion, deems advisable in the best interest of the corporation.
This consent is executed pursuant toe subdivision (b) of Section 307 of the California Corporations Code,
and is to be filed with the Minutes of Board proceedings.
Executed effective January 31, 2003.
Michael L. Schlumpberger
President
Michael L. Schlumpberger
Secretary
615 S. Tremont Street • Oceanside, CA 92054 - (760)637-2700 - FAX (760) 637-2701
E-Mail: row@roweng.net
Exhibit "A"
Right-Of-Way Engineering Services, Inc.
Land Surveying
September 12, 2011
Mr. William Plummer
City Of Carlsbad
1635 Faraday Avenue
Carlsbad, Ca 92008-731 4
Project: Topography of the Calavera Booster Pump Station site for backup generator structure.
(NE corner of Carlsbad Village Drive and College Boulevard)
Dear Bill,
Per your request, I have prepared a scope of work and related fees to complete a topographic
survey and base map preparation.
Scope of work
Task Hours Cost
1. Research record maps 2.0 $170.00
2. Locate and tie in record monuments to orient record boundary 2.0 $330.00
3. Establish NAD 83 horizontal and NGVD 29 vertical control on the 3.0 $495.00
project site based on the City of Carlsbad control.
4. Field topography of entire Calavera booster pump station site 8.0 $1 ,320.00
(APN 168-041-12 & 09). Topography will include water valves
8" plastic drain line, sprinkler heads, sprinkler control valves,
storm drains, existing manholes with detailed pipe sizes and
invert elevations, curb, gutter, driveways, concrete, asphalt,
slopes, trees, fencing, building and surface utilities.
5. Preparation of base map at 1"= 20' feet with 1' contours 10.0 $800.00
DTM, existing property lines and existing utilities on a City
Of Carlsbad title block in AutoCAD format.
6. Calculations and note reduction 2.0 $170.00
7. Supervision and coordination 1.0 $95.00
Total (time and material) not to exceed $3,380.00
Thank you for the opportunity to propose on this project.
Sincerely,
Right-of-Way Engineering Services, Inc.
Michael Schlumpberger
President
615 South Tremont Street • Oceanside, CA 92054 • (760) 637-2700 • FAX (760) 637-2701 • Email row(a!roweng.net
Carlsbad Calavera Booster Pump Station.doc