HomeMy WebLinkAboutRight-of-Way Engineering Services Inc; 2012-08-02; UTIL885UTIL885
AGREEMENT FOR SURVEYING ENGINEERING SERVICES
(RIGHT-OF-WAY ENGINEERING SERVICES, INC.)
THIS^AGREEMENT is made and entered into as of the ^ A^^O
P^^gy:^tZ 2012, by and between the CARLSBAD MUNICIPAL
DI^RICT, a Public Agency organized under the Municipal Water Act of 1911, and a
)sidiary District of the City of Carlsbad, ("CMWD"), and RIGHT-OF-WAY ENGINEERING
SERVICES, INC., a California corporation, ("Contractor").
RECITALS
CMWD requires the professional services of a civil engineering surveyor that is
experienced in preparing an exhibit of legal description with legal plat map in relation to
recorded property boundaries for the Maerkle Reservoir Transmission Main (the "Project").
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 six (6) months from the date first above written.
3. COMPENSATION
The total fee payable for the Services to be performed will be nine hundred thirty five dollars
($935). 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 CMWD 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 CMWD incurs
or makes to or on behalf of an injured employee under the CMWD'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.
General Counsel Approved Version 2/17/12
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-: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 Risk Manager 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 CMWD by certified mail. CMWD will be
named as additional insured on General Liability which shall provide primary coverage to
CMWD. Contractor will furnish certificates of insurance to CMWD with endorsements to CMWD,
prior to CMWD'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
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 seg.. and Carlsbad Municipal Code Sections 3.32.025, et seg. Contractor further
acknowledges that debarment by another jurisdiction is grounds for CMWD 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 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 2/17/12
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:
CARLSBAD MUNICIPAL WATER
DISTRICT, a Public Agency organized
under the Municipal Water Act of 1911, and
a Subsidiary District of t]}^ City of Carlsbad
(sign here)
(print nam^tle)
President, Exooutivo Manager or Director
ATTEST:
By:
(sign here)
Lorraine Wood,Secreta (print name/title)
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,
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, General Counsel
By:_
Assistant General Coul^el
General Counsel Approved Version 2/17/12
Appendix "A"
Right-Of-Way Engineering Services, Inc.
Land Surveying
July 16, 2012
Ms. Elzbieta Karczewski
City Of Carlsbad
1635 Faraday Avenue
Carlsbad, Ca 92008
Project: Preparation of an exhibit showing the location of the 20' water easements described in
F/P 103178 recorded June 15,1961, F/P 57157 recorded April 4, 1963 and road
easement described in F/P 214693 recorded December 12,1961 in relation to the
record property boundaries.
Dear Ms. Karczewski,
In response to your request, I have prepared a scope of work and related fees to prepare an
exhibit plat based on record data with a graphically oriented photo background.
Scope of work
Task Hours Cost
1. Research existing record maps and deeds required to property 3.0 $255.00
orient the easements listed above and effected parcel.
2. Calculate the described route of each easement and the 5.0 $425.00
configuration ofthe parent parcel.
3. Prepare an exhibit with graphically oriented google image 2.0 $160.00
for background.
4. Supervision and coordination 1.0 $95.00
Total (time and material) not to exceed $935.00
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@roweng.net
Carlsbad Calavera Hills Water and road easement plat doc