HomeMy WebLinkAboutRight of Way Engineering Services Inc; 2010-12-03;AGREEMENT FOR LAND SURVEYING SERVICES FOR THE RANCH TRAIL
RIGHT OF WAY ENGINEERING SERVICES,INC.
,THIS AGREEMENT is made and entered into as of the 3 rt:i...day of
.D~~hGr"I 20fOI by and between the CITY OF CARlSBAD,a municipal
corporation,("City"),and Right of Way Engineering Services Inc.,a corporation,("Contractor").
RECITALS
City requires the professional services of a licensed civil engineering firm that is
experienced in providing survey for exiting trail alignment and preparation of legal description
with legal plat map for The Ranch trail to be used for trail easement dedication to the City of
Carlsbad.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 1 vear from the date first above
written.
Two Thousand Seven Hundred and Fifty Five dollars
3.Compensation.The total fee payablefor the Servicesto be performedwill bEl-rout:$2,755
..:r-housaRd-1=Rr.ee-I:4YRdred-dgllaF8 {$4,300).No other compensation for the Services will be
allowed except for items covered by subsequent amendments to this Agreement.City reserves INITIALS.
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 resultsto 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,
City Attorney Approved Version 9.22.10
1
rt-
~d
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. 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 9.22.10
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
corporation of the State of California
"By:
(sign here)
(print name/title)
"By:
(sign here)
(print name/title)
f*~f
By:
Assistant City Manager
ATTEST:
LORRAINE M. WOOD
City Clerk
If required by City, proper notarial acknowledgment of execution by contractor mus'f
attached. If a Corporation. Agreement must be signed by one corporate officer from each of
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 ity Attorney
City Attorney Approved Version 9.22.10
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"
SCOPE OF SERVICES
The following tasks and services will be provided by Right of Way Engineering Services, Inc. in
order to complete a legal description and plat map for existing trail previously not mapped as
part of the subdivision mapping for The Ranch (Rancho Verde Unit No. 4, Map No. 13595) in
Carlsbad, California. The limits of the work are for a trail on the west side of the open space lot
"H" and as identified on a field visit with City staff.
Task 1: Hours Cost
Research exising record maps for effected tract 1.0 $85
Task 2:
Locate and tie in record monuments on subdivision boundary. 4.0 $660
Task 3:
Tie the existing trail alignment to subdivision boundary from Avenida 6.0 $990
Pantera to the southerly edge of the subdivision.
Task 4:
Preparation of legal description and plat map for trail alignment. 12 $1,020
Total $2,755
City Attorney Approved Version 9.22.10