HomeMy WebLinkAboutSan Dieguito Engineering Inc; 2010-11-10; PWENG796PWENG796
AGREEMENT FOR SURVEY SERVICES
(SAN DIEGUITO ENGINEERING, INC.)
THIS AGREEMENT is made and entered into as of the /Q day of
A/Ot/g/rt h-C^T . 2010, by and between the CITY OF CARLSBAD, a municipal
corporation, ("City"), and SAN DIEGUITO ENGINEERING, INC., a California corporation,
("Contractor").
RECITALS
City requires the professional services of an engineering consultant that is experienced
in surveying. 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, as
needed surveying services to support the replacement of the Vista/Carlsbad interceptor sewer,
Reach 16, in accordance with the terms and conditions set forth in this Agreement.
2. Term. This Agreement will be effective for a period of one hundred (100) calendar days
from the date first above written.
3. Compensation. The total fee payable for the Services to be performed will not exceed
seven thousand dollars ($7,000). Fees shall be paid on the basis of time and materials.
Compensation shall be made at the rate of the schedule of charges defined in "Exhibit A". The
maximum cost of services shall not exceed seven thousand dollars.
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
authorized to transact the business of insurance in the State of California which has a current
City Attorney Approved Version 9.22.10
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
SAN DIEGUITO ENGINEERING, INC.,
a California corporation
*By:
CITY OF CARLSBAD, a municipal
corporation of the State of California
By:
(print name/title)
City Manager or Mayor or Director
ATTEST:
(sign heref LORRAINE M. WOOD ^ ^JUi/f~' 'WSfff&
* £.<frW&
(print name/title)
If required by City, proper notarial acknowledgment of execution by contractor must'fee"110
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:^
Deputy City Attorney
City Attorney Approved Version 9.22.10
CALIFORNIA ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
State of California
County of
On before me,
personally appeared xu>ipe-€w GL.
(Here insert name and title of the officer)
vp AND UAIAV^E g
who proved to me on the basis of satisfactory evidence to be the person^fj whose name@0-ts/ai&?subscribed to
the within instrument and acknowledged to me that ke/sh^7they3executed the same in te/her(theip>authorized
capacitygesj, and that by his/hef/(Hi^ signatured) on the instrument the person®, or the entity upon behalf of
which the person^ 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.
WITNESS my h^od and official seal.
^••V?*1^?™^^™"^
(Notary Seal)
ARNEL S. PABLO ~
COMM. #1737570 J?
NOTARY PUBUC-CAIJFORNIA P
SAN DIEGO COUNTY 2
MY Cgmm Expires April 8, 2011 u
~ -vr-v~v o u ^ .4
ADDITIONAL OPTIONAL INFORMATION
DESCRIPTION OF THE ATTACHED DOCUMENT
(Title or description of attached document)
(Title or description of attached document continued)
Number of Pages < Document Date '° ^ •
(Additional information)
CAPACITY CLAIMED BY THE SIGNER
ST Individual (sj)
D Corporate Officer
(Title)
D Partner(s)
D Attorney-in-Fact
D Trustee(s)
D Other
INSTRUCTIONS FOR COMPLETING THIS FORM
Any acknowledgment completed in California must contain verbiage exactly as
appears above in the notary section or a separate acknowledgment form must be
properly completed and attached to that document. The only exception is if a
document is to be recorded outside of California. In such instances, any alternative
acknowledgment verbiage as may be printed on such a document so long as the
verbiage does not require the notary to do something that is illegal for a notary in
California (i.e. certifying the authorized capacity of the signer). Please check the
document carefully for proper notarial wording and attach this form if required.
• State and County information must be the State and County where the document
signer(s) personally appeared before the notary public for acknowledgment.
• Date of notarization must be the date that the signer(s) personally appeared which
must also be the same date the acknowledgment is completed.
• The notary public must print his or her name as it appears within his or her
commission followed by a comma and then your title (notary public).
• Print the name(s) of document signer(s) who personally appear at the time of
notarization.
• Indicate the correct singular or plural forms by crossing off incorrect forms (i.e.
he/she/they, is /are ) or circling the correct forms. Failure to correctly indicate this
information may lead to rejection of document recording.
• The notary seal impression must be clear and photographically reproducible.
Impression must not cover text or lines. If seal impression smudges, re-seal if a
sufficient area permits, otherwise complete a different acknowledgment form.
• Signature of the notary public must match the signature on file with the office of
the county clerk.
•J* Additional information is not required but could help to ensure this
acknowledgment is not misused or attached to a different document.
* Indicate title or type of attached document, number of pages and date.
•J* Indicate the capacity claimed by the signer. If the claimed capacity is a
corporate officer, indicate the title (i.e. CEO, CFO, Secretary).
• Securely attach this document to the signed document
2008 Version CAPA v!2.10.07 800-873-9865 www.NotaryClasses.com
EXHIBIT A
SAN DIEGUITO ENGINEERING, INC.
SCHEDULE OF CHARGES
July, 2007
CLASSIFICATION HOURLY FEE
(10) PRINCIPAL ENGINEER $185.00
(11) SENIOR ENGINEER $150.00
(40) SENIOR ASSOCIATE ENGINEER $140.00
(13) ASSOCIATE ENGINEER $115.00
(12) ASSISTANT ENGINEER $100.00
(35) STAFF ENGINEER $ 85.00
(31) SENIOR DESIGNER $100.00
(15) ASSOCIATE DESIGNER $ 85.00
(32) ASSISTANT DESIGNER $ 75.00
(36) STAFF DESIGNER $ 65.00
(33) PRINCIPAL PLANNER $185.00
(14) SENIOR PLANNER $135.00
(34) ASSOCIATE PLANNER $110.00
(16) ASSISTANT PLANNER $ 90.00
(37) STAFF PLANNER $ 75.00
(17) SENIOR DRAFTSMAN $ 80.00
(18) ASSOCIATE DRAFTSMAN $ 70.00
(19) ASSISTANT DRAFTSMAN $ 65.00
(38) STAFF DRAFTSMAN $ 60.00
(20) OFFICE TECHNICIAN $ 60.00
(28) PRINCIPAL LAND SURVEYOR $185.00
(21) SUPERVISING FIELD SURVEYOR $160.00
(26) SENIOR SURVEYOR $145.00
(50) SENIOR ASSOCIATE SURVEYOR $120.00
(27) ASSOCIATE SURVEYOR $105.00
(29) ASSISTANT SURVEYOR $ 90.00
(39) STAFF SURVEYOR $ 70.00
(22) ONE MAN FIELD CREW $145.00
(23) TWO MAN FIELD CREW $160.00
(22x) GPS CREW $185.00
1. PRINCIPAL EXPERT WITNESS: COURT APPEARANCE, DEPOSITION, EXPERT
TESTIMONY, AND/OR ALL PROFESSIONAL SERVICES
PRINCIPAL ENGINEER $450.00/HOUR
PRINCIPAL SURVEYOR $450.00/HOUR
PRINCIPAL PLANNER $450.00/HOUR
2. EXPERT TESTIMONY OUTSIDE OF SAN DIEGO COUNTY:
A MINIMUM OF FOUR HOURS FOR EACH DAY OF TESTIMONY. WHEN TRAVEL AND TESTIMONY
TIME EXCEED TEN HOURS IN ONE DAY, A CHARGE FOR REIMBURSEMENT OF PER DIEM
EXPENSES MAY BE APPLIED. PER DIEM EXPENSES FOR PROFESSIONAL EMPLOYEE
CLASSIFICATIONS WILL BE INVOICED IN ACCORDANCE WITH "REIMBURSABLE COSTS".