HomeMy WebLinkAboutSimon Wong Engineering; 2012-10-16; UTIL938UT1L938
AGREEMENT FOR CWRF - FLOW EQUALIZATION
& CHLORINE CONTACT TANK COVERS
(SIMON WONG ENGINEERING)
"HIS AGREEMENT is made and entered into as of the X/^ day of
2012, by and between the CARLSBAD MUNICIPAL
WATER DISTRICT, a Public Agency organized under the Municipal Water Act of 1911, and a
Subsidiary District of the City of Carlsbad, ("CMWD"), and SIMON WONG ENGINEERING, a
California corporation, ("Contractor").
RECITALS
CMWD requires the professional services of a structural engineer that is experienced in
tank cover structures. 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 sixty (60) days from the date first above written.
3. COMPENSATION
The total fee payable for the Services to be performed will be nine thousand forty dollars
($9,040). 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-:V11 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 seq.. and Carlsbad Municipal Code Sections 3.32.025, et seq. 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
SIMON WONG ENGINEERING, a
California corporation
name/title)
CARLSBAD MUNICIPALWATER
DISTRICT, a Public Agency organized
under the Municipal Water Act of 1911, and
a Subsidiary District op^ City of Carlsbad
ft-Goident, Executive Manager or Director
(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 Cqjjnsel
General Counsel Approved Version 2/17/12
EXHIBIT "A'
SIMON WONG ENGINEERING
December 7,2011
William Plummer
Deputy City Engineer, Utilities
City of Carlsbad
1635 Faraday Avenue
Carlsbad, CA 92008
Re: Feasibility Study for Installation of New Covers for Two Underground Concrete Basins
SWE Job #100-881
Dear Mr. Plummer:
Please fmd our scope and fee proposal for the above referenced project.
UNDERSTANDING OF PROJECT
Perform a feasibility study and cost estimates for installing a cover structure over the existing Chlorine
Contact Basin and Equalization Basin. Various options of covers will be considered and a study report
will be provided at the end of this study.
Soils report is not required for the study; any preliminary seismic loads consideration will be based on
the available information through the USGS web site.
SCOPE OF WORK
1. Review of as-built structural construction plans
2. Site visit/meeting with City to discuss options and design criteria
3. Perform preliminary structural calculations for various options of cover's anchorage and supports
4. Meeting with City to discuss findings before fmalizing study report
5. Provide rough cost estimates for each option
6. Provide written report
SCHEDULE
The estimated completion shall be two (2) months after authorization of work.
FEE (Fixed. Lump Sum, and corresponds to above referenced scope of work)
1. $ 720.00
2. $1,300.00
3. $4,000.00
4. $ 720.00
5. $ 500.00
6. $1,800.00
Total Fee: ^9.040.00
9968 Hibert Street, Suite 202 • San Diego, CA 92131 • (858) 566-3113 • FAX. (858) 566-6844
William Plummer
December 7, 2011
Page 2
ADDITIONAL SERVICES
Additional services are those which arise as a result of unforeseen circumstances during the design of a
project and which, therefore, cannot be included in the basic services agreement, or those services, which
are not necessary to the primary structural system, and therefore, are not generally part of basic services.
Thank you for the opportunity to present our proposal. Should you have any questions, please do not
hesitate to call.
Sincerely,
SIMON WONG ENGINEERING
Eric Ng, S.E.
Executive Vice President
9968 Hibert Street, Suite 202 • San Diego, CA 92131 • (858) 566-3113 • FAX (858) 566-6844