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HomeMy WebLinkAboutRight-of-Way Engineering Services Inc; 2012-12-21; UTIL 966UTIL966 AGREEMENT FOR LAND SURVEY SERVICES FOR NCTD LICENSE AGREEMENT (RIGHT-OF-WAY ENGINEERING SERVICES) THIS AGREEMENT is made and entered into as of the ^1^^ day of D^i^MJr^G^ . 20 I A, . by and between the CITY OF CARLSBAD, a municipal corporation, ("City"), and RIGHT-OF-WAY ENGINEERING SERVICES, INC., a California corporation, ("Contractor"). RECITALS City requires the professional services of a land surveying firm that is experienced in creation of base maps and map exhibits. 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 sixty (60) days from the date first above written. 3. COMPENSATION The total not to exceed fee payable for the Services to be performed will be five thousand five hundred fifty dollars ($5,550). 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 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 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. 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 ofthe City of Cartsbad 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 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 Cartsbad Municipal Code Sections 3.32.025, et seg. Contractor further acknowledges that debarment by another jurisdiction is grounds for the City of Cartsbad to terminate this Agreement. 11. JURISDICTIONS AND VENUE Contractor agrees and stipulates that the proper venue and junsdiction for resolution of any disputes between the parties ansing out of this Agreement is the State Supenor 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 pnor wntten 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 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, nght 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) CITY OF CARLSBAD, a municipal A corporation of the State of California' ^ Ocp» City iK/lanager or. Mayor or Dir'ootoi* By: (sign here) (pnnt name/title) If required by City, proper notanal 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, City Attorney By:. ML. Assistant City At orviey City Attorney Approved Version 2/17/12 Right-Of-Way En^tering Services, Inc. RESOLUTIONS ADOPTED BY UNANIMOUS WRITTEN CONSENT OF THE BOARD OF DIRECTORS OF RIGHT-OF-WAY ENGINEERING SERVICES, INC. A Califomia corporation THE undersigned, being all the directors of RIGHT-OF-WAY ENGINEERING SERVICES, INC., A Califomia 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 ofthe 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 Califomia Corporations Code, and is to be filed with the Minutes of Board proceedings. Executed effective January 31, 2003. Michael L. Schlumpberger President Z^ :z 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 November 28, 2012 Mr. Mark Biskup Associate Engineer City Of Carlsbad Utilities Department 1635 Faraday Avenue Carlsbad, Ca 92008 Project: Map preparation for revisions to the existing license agreement with NCTD from the Home Plant Lift Station to Pine Street. Dear Mark, We have aerial mapping from the coastal rail trail reach 1 extending along NCTD RAA/ from the City limits past the Home Plant Lift Station to Christiansen Way and at Oak Avenue. The drawing file also contains NCTD R/W lines through Pine Street. Based on our conversation and emails our initial proposal is to use this existing mapping, add in manhole locations we have tied conventionally on previous project, incorporate the counter book information, add dimensions and references to the railroad alignment to create the type of plat NCTD is requesting. Prior to compilation of the map we would like to meet with NCTD to present our approach and receive any input they may have. Below is a preliminary scope of work with related fees to prepare the license agreement mapping. Scope of Work Task Hours Cost 1. Compile existing drawing files containing topography, parcel 16.0 $1,360.00 boundaries and manhole locations into a single base map. 2. Prepare an exhibit plat map acceptable to NCTD depicting 32.0 $2,720.00 current topography where available, manhole locations, sewer line locations, pipe sizes, pipe types, NCTD R/W, R/W widths, centerline of existing tracks, mainline stationing, cross street RAA/, cross street names, basis of bearings and a benchmark note. 3. Revisions to the mapping resulting from comments by NCTD 12.0 $1,020.00 4. Meeting with NCTD, Supervision and Coordination 5.0 $450.00 Total (time and materials) not to exceed $5,550.00 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 NCTD Home Plant to Pine License Map.doc