HomeMy WebLinkAboutV&A Consulting Engineers; 2013-01-23; UTIL973UTIL973
AGREEMENT FOR TEMPORARY WASTEWATER FLOW METERING SERVICES
(V&A CONSULTING ENGINEERS)
THIS AGREEMENT is made and entered into as of the ^3.3*^^ day of
D^anUcxru 2013, by and between the CITY OF CARLSBAD, a municipal
corporation, (Tity"), and V&A CONSULTING ENGINEERS, a California corporation,
("Contractor").
RECITALS
City requires the professional services of an engineering consulting firm that is
experienced in installation of wastewater flow meters and preparation of reports for the flow
data. 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) calendar days from the date first above
written.
3. COMPENSATION
The total fee payable for the Services to be performed will be nine thousand five hundred dollars
($9,500). 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 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 seq. Contractor further
acknowledges that debarment by another jurisdiction is grounds for the City of Carlsbad 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 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, right and actualauthority
to bind Contractor to the terms and conditions of this Agreement. sj]^
CONTRACTOR CITY OF CARLSBAD, a municipal ^H^l^
V8A CONSULTING ENGINEERS, a corporation of the State of California
California corporation
(sign here)
(print name/tifle)
2. De^. City Manager ^r Mayor or Dirootor
(sign here)
(print name/title) A
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:
City Attorney
Assistant City Attorney
City Attorney Approved Version 2/17/12
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12-0443 San Diego. CA 92127 vaengineeririPcotr
December 28, 2012
Mr. Mark Biskup
Associate Engineer
City Of Carlsbad
1635 Faraday Avenue
City Of Carlsbad, CA 92008
SUBJECT: City of Carlsbad Sewer Flow Monitoring
Dear Mark,
In response to your email request for sewer flow monitoring, the following is our letter proposal for the
flow monitoring of 2 sttes for 14 days. Per your request and our recommendation, the following Is our
proposal and detailed scope of work for the subject services:
SCOPE OFWORK
Task Descfjption
1. Document Review and Site Visit: V&A will visit the proposed sites in order to verify suitability of
manhole and/or alternative manhole for installation ofthe flow meters.
2. InstaM/Calibrate/Remove Fiow Meters: A V&A crew with a field truck and the necessary
confined sjsace and flow monitoring equipment will install, calibrate, and remove the two flow
meters. Installation and calibration will be performed on the first day. Removal will occur after the
meter has been in place for 14 days of monitoring. While at the site, V&A technicians will take
photographs showing flow conditions and any evidence of surcharging. V&A will be responsible
for installation, calibration, and removai ofthe equipment for this project.
3. Report Preparation: At tie conclusion of the flow monitoring period. V&A technicians will
download and reduce the data Into EXCEL spreadsheets for data analysis and report preparation.
V&A staff will prepare a sanitary sewer flow monitoring report that will Include tabular and graphical
presentation of the flow data. The report will also Include a narrative about the equipment used
and how It was installed, calibrated, maintained and monitored. The report will Include an
explanation of the data analysis procedures. An electronic version of the final report witl be
provided. The report will be delivered within two (2) weeks of concluding the flow monitoring
period.
OAKUNO SAN DIEGO | HOUSTON SEATTLE
V&A proposes to complete this work on a lump sum basis at a total cost as follovire:
2 fiow metering sites for 14 days: $9,500
Temis are Net 30 days. This price Is valid for 90 days from the date of this proposal. The scope of work
was developed as a result of your email and represents our mutual understanding. Our proposal does not
Include traffic control, city licenses or any type of encroachment permits the City of Carisbad or others
may require.
If unforeseen circumstances should arise which indicate that more time is required, V&A will provide a
written estimate of additional required time and cost. V&A will not proceed with work beyond the not-to-
exceed figure without a written authorization from your office.
We are prepared to begin work on your project upon receiving your written approval, a Notice-to-Proceed,
or purchase order from your office.
On behalf of our staff and myself I would like to thank you for the opportunity to be of service to you and
City of Carlsbad. We look forward to working with you.
Sincerely,
V&A Consuiting Engineers
Denis Pollak
Project Manager
Accepted: Date:
City of Carlsbad
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