HomeMy WebLinkAboutSAF-r-DIG Utility Surveys Inc; 2010-03-19; PWENG 756PWENG756
AGREEMENT FOR POTHOLING SERVICES
(SAF-R-DIG)
THIS AGREEMENT is made and entered into as of the day of
20/6). by and between the CITY OF CARLSBAD, a municipal
corporation, ("City"), and SAF-r-DIG Utility Surveys, Inc., a California corporation, ("Contractor").
RECITALS
City requires the professional services of a Utility Surveyor that is experienced in
potholing. The City needs the outfall from the Encina Wastewater Treatment Plant surveyed for
depth and horizontal location at the location on the west side of Carlsbad Blvd. 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 thirty (30) days from the date first
above written.
3. Compensation. The total fee payable for the Services to be performed will be five
thousand seven hundred sixteen dollars ($5,716.00). 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.
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
City Attorney Approved Version #05.06.08
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 #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
SAF-r-DIG UTILITY SURVEYS, INC.,
a California corporation
'By:
(print name/title)
(e-mail address)
(sign here)
(print name/title)
CITY OF CARLSBAD, a municipal
corporation of the>State of California
City Manager-OEMoyor
ATTEST:
(e-mail address) ^//
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:
RONALD R. BALL, City Attorney
BV:—.Deputy City Attorne;
City Attorney Approved Version #05.06.08
ALL-PURPOSE ACKNOWLEDGMENT
X>OCX3OCxCxO
State of California
County of
On
SS.
March ^ &c\c
DATE
ionally appeared /v i fV
, before me, L-^jL^j
c\ 5. MammtLk-
./V.riXc;/te5
, who proved to me on the
basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument
and acknowledged to me that he/she/they executed the
same in his/her/their authorized capacity(ies), and that
by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.
LAURIE ROLLESCOMM.1 1811821
NOTARY PUIUC-CMIRWIM
. M, 20tt fMY COM. E»r
WITNES^'kiy hand and official seal.
VJ. '
NOTARY'S SIGNATURE
PLAC'E NOTARY SEAL IN ABOVE SPACE
^••••^••M OPTIONAL INFORMATION
The information below is optional. However, it may prove valuable and could prevent fraudulent attachment
of this form to an unauthorized document.
CAPACITY CLAIMED BY SIGNER (PRINCIPAL)
rj INDIVIDUAL -j
[^ CORPORATE OFFICER l'fT.6i <H^.'f^4'
'ITTLE(S)PARTNER(S)
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER:
DESCRIPTION OF ATTACHED DOCUMENT
E OR TYPE OF DOCUMENT
NUMBER OF PAGES
—\ / /" \ /**•"*-3n lie
DATE OF DOCUMENT
SIGNER (PRINCIPAL) IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
OTHER
RIGHT
THUMBPRINT
OF
SIGNER
APA01/200S NOTARY BONDS, SUPPLIES AND FORMS AT HTTP://WWW.VALLEY-SIERRAX'OM •« 2005-2008 VALLEY-SIERRA INSURANCE
ALL-PURPOSE ACKNOWLEDGMENT
x^ooococxcx:
State of California
County of ~^~\\
On |t6-/~Cn i i ^ ^ 1 ^ > before me,
j^Mc
SS.
DATE
personally appeared , who proved to me on the
basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument
and acknowledged to me that he/she/they executed the
same in his/her/their authorized capacity(ies), and that
by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.
WI S my hand and official seal.
NOTARY'S SIGNATURE
PLACE NOTARY SEAL IN ABOVL SPACE
^^^—"^^™ OPTIONAL INFORMATION
The information below is optional. However, it may prove valuable and could prevent fraudulent attachment
of this form to an unauthorized document.
CAPACITY CLAIMED BY SIGNER (PRINCIPAL)
Q INDIVIDUAL
[2J CORPORATE OFFICER
Q PARTNER(S)
Q ATTORN EY-1N-FACT
Q TRUSTEE(S)
Q GUARDIAN/CONSERVATOR
n OTHER:
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
c
DATE OF DOCUMENT
SIGNER (PRINCIPAL) IS REPRESENTING:
NAME OF PHRSON(S) OR ENTITY(IES)
OTHER
RIGHT
THUMBPRINT
OF
SIGNER
NOTARY BONDS, SUPPLIES AND FORMS AT I ITTP:/7WWW.VALLEY-SIERRA.COM « 2005-200X VALLEY-SIERRA INSURANCE
SAF-r-DIG SAF-r~DIGSM Utility Surveys, Inc.
"Positive I.D. Potholing", three dimensional information, utilizing Non-
destructive soil extraction technology, performed with surgical skill!
We designate, locate and verify actual depths of underground utilities.
Licenses: CA - 712492, AZ -108545
Proposal/Contract
Issue Date:2/22/2010 Client Ref:
Attn: Jacob Moeder
City of Carlsbad
1635 Farday Avenue
Carlsbad
OurTaskID:
Client ID:
201002010
CARL02
Billing Address:
City of Carlsbad
Same
CA 92008
Ph: (760)602-2736 Fax: (760)602-8562
Project Name: Carlsbad Blvd Emergency Repair Project
SAF-r-DIG Utility Surveys, Inc. (hereinafter referred to as SAF-r-DIG), shall provide scope of services as
requested by: City of Carlsbad (hereinafter referred to as Client). Services will be conducted in accordance
with Attachment A, SAF-r-DIG's standard Scope, Terms and Conditions, unless otherwise expressly noted, in
writing, prior to the execution of this contract.
SCOPE Provide Subsurface Utility Services to determine the horizontal and vertical positions of
OF existing underground utilities in 3 location in the City of Carlsbad.
SERVICES:
COMPENSATION: SAF-r-DIG agrees to perform the above Scope of Services for consideration of:
Task Total: $5,716.00
Prevailing Wage. Based on Daily Rate plus mobilization. Note: please review and initial attached two
pages of Scope Terms and conditions and return along with signed contract and notice to proceed.
ADDITIONAL
COST
EXCEPTIONS /
INCLUSIONS
as noted
and Provided By:
* City/County/DOT encroachment permits INCLUDED
* Special 'Inspection' Bonding by City/County/DOT N/A
* Pre-marking utility survey area; as required by state law INCLUDED
* Notification of One-Call Service, (USA, DigAlert, Blue Stake) INCLUDED
* Special Traffic Control, plans, barricading and signs N/A
* Daily mobilization and demobilization INCLUDED
* Daily Per-Diem (2man crew) if necessary N/A
SCHEDULE: SAF-r-DIG shall commence work upon receipt of this executed contract with services
estimated to start on: and be completed by:
This proposal and its provisions will expire after: 6/30/2010
APPROVALS:
For SAF-r-DIG:
Printed:
Title:
Date:
For Client:
Printed:
Title:
Date:
... To engage our services, please sign above and return copy with original signature to address below
Corporate Office: PO Box 1478, Palm Desert, CA 92261 (800)326-0446 Fax (760)776-8278
AWBEFirm
SINCE 1994
Licenses: CA - 71492, AZ -108M5
SAF-T-DIG Utility Surveys, Inc.
Contract Scope of Work, Terms & Conditions
(in other words, what your lawyer wants you to know)
* SPOT-HOLE™ by SAF-r-DIG is
"Your Safe and Accurate Window to the Underground"
Attachment A (Page 1 Of 2) all two pages must include Client Initials with Proposal
GENERAL:
1 .0 CLIENT SHALL include or provide the following:
1.1 Coordinate activity with owner, or agency, reveal name of owner and purpose for desired data.
1.2 Full sized, scaled site and profile drawings not greater than 50': 1", hardcopy and/or electronic file.
1 .3 Soils reports for the required inspection holes (if available).
1.4 Arrange for access in restricted areas to the site for SAF-r-DIG personnel and equipment.
1.5 Indicate client's Risk Manager; and, "on-site decision / reporting person" along with phone number
(preferably a person from the design department).
1 .6 Preliminary Lien information, such as owners name and address.
1.7 Provide an address and phone number and, if applicable, a contract person in your Accounting
Department.
1.8 Indicate your Project Manager's Name, Phone and Cell Phone number(s), plus Field Contact Person
and their Phone and Cell Phone number(s).
2.0 SAF-r-DIG's normal Scope of Work SHALL include or provide the following:
2.1 All special equipment, skilled personnel, certified DOT safety-sensitive (random tested) trained
technicians, and the supplies necessary, or, required to perform designation and utility location
services utilizing air/vacuum, dust-controlled, soil extraction methods.
2.2 ASSIST in securing all necessary plans, plats, records, and other available data as provided by utility
owners.
2.3 Furnish Client, concurrent with execution of contract, Certificate(s) of Insurance on standard
ACORD forms. The insurance shall satisfy the requirements of local jurisdiction authority.
2.3.1 Additional "insured-parties" sometimes have special conditions that may require additional
premium, thus requiring a Change Order.
2.4 ASSIST in obtaining all necessary permits from city, county, and/or other jurisdictions to allow SAF-
r-DIG to work in existing streets, roads, and rights-of-way for purpose of designating, marking,
measuring, soil extracting and recording the vertical elevations of existing subsurface utilities. (An
encroachment permit may be required).
2.5 Comply with CGA, ASEC standards and all applicable subsurface utility damage-prevention laws;
including pre-marking prospective site areas and by requesting required utility notification service,
i.e., prior to soils extraction services.
2.6 Start task seventy-two (72) hours after receipt of permitting and coordination with city, appropriate
agent, utility owner and county inspectors relating to notification and inspection regulations.
2.7 Provide all necessary traffic control for streets with speed limits less than 25 MPH, including labor,
and equipment, according to the City standards. High traffic density locations or over 25 MPH will
require licensed traffic control, traffic control plans and barricading.
2.8 Comply with all jurisdictional regulations pertaining to the movement of traffic; i.e., services
restricting traffic may not be permitted at signalized intersections; or, on major, or, collector streets,
during the peak traffic hours. Delays may be subject to stand-by time.
Revised: December 02, 2009
All Right Reserved - SAF-r-DIG Utility Surveys, Inc.
U:\Scope, Terms & Conditions Revised as of 12-1-09.docx
SAF-r-DIG LMC/NSM
2.9 Permit Conditions, current daily labor law (8-hr.-day) and traffic conditions, could restrict work crew
to a 6-hr, work-day at the work site.
2.10 Neatly cut and remove existing pavement; (normally does not exceed 12" diameter).
2.11 Adverse pavement or soil conditions may be encountered. If so, a Change Order may apply.
2.12 Should the standard utility depth of 6-feet become exceeded, an additional $105.00 per foot charge
may apply, with a maximum depth of 14-feet. Depths greater than 14 feet will require cost
negotiation with Project Manager.
2.13 Extract soils to expose any existing utilities, in such a manner to ensure the safety and integrity of
the utility.
2.14 In Client-requested data format, observe and record the following minimal Field Data information
for each utility located:
2.14.1 Pavement thickness and description of pavement surface and base.
2.14.2 Diameter / Width of utility, top and, if requested, bottom depths, and configuration of
systems.
2.14.3 Elevations ACCURATELY measured to 1/10th foot from original ground and/or pavement
surface to utility.
2.14.4 Utility structure material composition, when reasonably ascertainable.
2.15 Furnish and install "PK" nails, "hubs", stakes, high-visibility "whiskers", or, markings, directly above
the centerline of the utility structure (pipe and/or duct). (Swing-tie referencing, for surveyors, may
also be requested).
2.16 GUARANTEE restoration of pavement within limits of the original cut for 3 years. When inspection
holes are in areas other than roadway pavement, the disturbed areas shall be restored, as nearly as
reasonably possible, to the condition existing prior to the air/vacuum soil extraction process.
Pneumatically tamp to, or exceed, compaction requirements of existing standards and
supplements; to the extent they apply to excavations. Backfill materials will comply with utility owner
specifications.
2.17 Leave the task site in a clean and safe condition, as it existed prior to starting services.
2.18 Maintain compliance with all federal and state mandated programs with written policy statements
and current program status to protect CLIENT from any "PASS-THRU" claims or liability.
2.19 Agrees that no charge or claim for damages shall be made for delays or hindrances beyond the
control of CLIENT during the progress of any portion of the services specified in this agreement.
2.20 GUARANTEE completeness and accuracy of services and all supporting data required under
obligation for this project, and, at its expense, correct all errors or omissions therein which may be
disclosed.
2.21 Requests for payment will include a detailed invoice and Certified Report(s) of ALL services.
All invoiced amounts are due and payable 10 days following receipt of payment from your
client.
30 SAF-r-DIG SHALL NOT provide, or be liable, for the following:
3.1 Removal or treatment of hazardous materials encountered on or at the task site.
3.2 Field conditions significantly different than those represented by CLIENT; e.g., soil conditions, "as-
builts" plans, concrete-slurry encased cables, or tentative drawings may subject estimated costs to
re-negotiation.
3.3 Locating non-detectable utilities such as ACP (asbestos cement pipe), concrete, PVC, PE and
fiber optic cables that are not accessible for signal induction.
3.4 "PASS-THRU" Expenses. Additionally, when prepaid by SAF-r-DIG CLIENT is subject to a 15%
add-on fee for those expenses. Such items may include but are not limited to; permitting, special
traffic control traffic control plans & barricading, special drawings, concrete coring and hazardous
materials handling.
Revised: December 02, 2009
All Right Reserved - SAt'-r-DIG Utility Surveys, Inc.
U:\Scope, Terms & Conditions Revised as of 12-1-09,docx
Client