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HomeMy WebLinkAboutSan Dieguito Engineering Inc; 2011-06-08; UTIL820UT1L82Q AGREEMENT FOR SURVEY SERVICES (SAN DIEGUITO ENGINEERING, INC.) HIS AGREEMENT is made and entered into as of the % _ day of , 2011, 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 and mapping. 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, surveying and mapping services as described in Exhibit "A", Scope of Services, as necessary for the replacement of the Vista/Carlsbad interceptor sewer, in accordance with the terms and conditions set forth in this Agreement. 2- Term. This Agreement will be effective for a period of one (1) year from the date first above written. 3. Compensation. The tota! fee payable for the Services to be performed shall be an amount not-to-exceed five thousand dollars ($5,000). Fees shall be paid on the basis of time and materials in accordance with the attached Schedule of Charges included 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 reasonable 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 2.18.1 1 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. The 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. 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 seg. 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 2.18.11 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: City Manager or Mayor or Director (print name/title) ATTEST: •By: J Lfalfilg ft SJHDAJ (ofmi name/title! / LORRAINE M. WOOD City Clerk rjp- (print name/title) 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 8. 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 DeputyCity'Aflorne' City Attorney Approved Version 2.18.11 EXHtBIT "A" SCOPE OF SERVICES Task No. 1. 2. Description Prepare plats and legal descriptions for a new utility easement located on North County Transit District Property. Revise previously prepared plats and legal descriptions for easements required from SDG&E and NRG Energy, as- needed to respond to property owner requests. Total Not-to-Exceed Fee $2500 $2500 $5000 City Attorney Approved Version 2.18.11 (10)(11) (40) (13) (12) (35) (31) (15) (32) (36) (33) (14) (34) (16) (37) (17) (18) (19) (38) (20) (28) (21) (26) (50) (27) (29) (39) (22) (23) (22x) SAN DIEGUITO ENGINEERING, SCHEDULE OF CHARGES July, 2007 CLASSIFICATION PRINCIPAL ENGINEER SENIOR ENGINEER SENIOR ASSOCIATE ENGINEER ASSOCIATE ENGrNEER ASSISTANT ENGINEER STAFF ENGINEER SENIOR DESIGNER ASSOCIATE DESIGNER ASSISTANT DESIGNER STAFF DESIGNER PRINCIPAL PLANNER SENIOR PLANNER ASSOCIATE PLANNER ASSISTANT PLANNER STAFF PLANNER SENIOR DRAFTSMAN ASSOCIATE DRAFTSMAN ASSISTANT DRAFTSMAN STAFF DRAFTSMAN OFFICE TECHNICIAN PRINCIPAL LAND SURVEYOR SUPERVISING FIELD SURVEYOR SENIOR SURVEYOR SENIOR ASSOCIATE SURVEYOR ASSOCIATE SURVEYOR ASSISTANT SURVEYOR STAFF SURVEYOR ONE MAN FIELD CREW TWO MAN FIELD CREW GPS CREW INC. HOURLY FEE $185.00 $150.00 $140.00 $115.00 $100.00 $ 85.00 $100.00 $ 85.00 $ 75.00 $ 65.00 $185.00 $135.00 $110.00 $ 90,00 $ 75.00 $ 80.00 $ 70.00 $ 65.00 $ 80.00 $ 60.00 $185.00 $160.00 $145.00 $120.00 $105.00 $ 90.00 $ 70.00 $145.00 $160.00 $185.00 1.PRINCIPAL EXPERT WITNESS: COURT APPEARANCE, DEPOSITION, EXPERT TESTIMONY, AND/OR ALL PROFESSIONAL SERVICES PRINCIPAL ENGINEER PRINCIPAL SURVEYOR PRINCIPAL PLANNER $450.00/HOUR S450.00/HOUR $45Q.OO/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".