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HomeMy WebLinkAboutHunsaker & Associates San Diego Inc; 2007-01-02;AMENDMENT NO. 1 TO AGREEMENT FOR PROFESSIONAL ENGINEERING AND LAND SURVEYING FOR FIRE STATION NO. 6, PROJECT NO. 3901 (HUNSAKER & ASSOCIATES SAN DIEGO, INC.) This Amendment No. 1 is entered into and effective as of the o6-x _ day of 20CT7_, amending the agreement dated January 2, 2007 (the "Agreemet") by and between the City of Carlsbad, a municipal corporation, ("City"), and Hunsaker & Associates San Diego Inc., a California corporation, ("Contractor") (collectively, the "Parties") for the Fire Station No. 6 project. RECITALS A. The Parties desire to alter the Agreement's scope of work to include preparation of a plat and legal description for a sewer easement; and B. The Parties have negotiated and agreed to a supplemental scope of work and fee schedule, which is attached to and incorporated by this reference as Exhibit "A", Scope of Services and Fee. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. In addition to those services contained in the Agreement, as may have been amended from time to time, Contractor will provide those services described in Exhibit "A". 2. City will pay Contractor for all work associated with those services described in Exhibit "A" on a time and materials basis not-to-exceed one thousand two hundred dollars ($1 ,200). Contractor will provide City, on a monthly basis, copies of invoices sufficiently detailed to include hours performed, hourly rates, and related activities and costs for approval by City. 3. Contractor will complete all work described in Exhibit "A" by January 1, 2008. 4. All other provisions of the Agreement, as may have been amended from time to time, will remain in full force and effect. 5. All requisite insurance policies to be maintained by Contractor pursuant to the Agreement, as may have been amended from time to time, will include coverage for this Amendment. City Attorney Approved Version #05.22.01 6. The individuals executing this Amendment 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 Amendment. CONTRACTOR HUNSAKER & ASSOCIATES SAN DIEGO INC., a California corporation CITY OF CARLSBAD, a municipal corporation of the State of California By: City Manager or Mayoror Authorized Signatory (print name/title) . CO (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 City Attorney Approved Version #05.22.01 EXHIBIT "A" SCOPE OF SERVICES AND FEE ~ DESCRIPTION Prepare a plat and legal description for a 20' sewer easement across the southerly parcel of the La Costa Oaks North subdivision AMOUNT $1,200 City Attorney Approved Version # 05.22.01 AGREEMENT FOR PROFESSIONAL ENGINEERING AND LAND SURVEYING FOR FIRE STATION NO. 6 - PROJECT NO. 3901 (HUNSAKER & ASSOCIATES SAN DIEGO INC.) THIS AGREEMENT is made and entered into as of the g=_6 _ day of <***c*t*^-- 20»y . by and between the CITY OF CARLSBAD, a municipal <poYatior£y("City"), and HUNSAKER & ASSOCIATES SAN DIEGO INC., a California corporation, ("Contractor"). RECITALS City requires the professional services of a land surveyor 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, 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 one (1) year from the date first above written. 3. Compensation. The total fee payable for the Services to be performed will be a not-to-exceed fee of six thousand five hundred dollars ($6,500) paid on a time and materials basis. 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 in whole or in part by any willful misconduct or negligent act or omission 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 #04.04.02 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-:V in an amount of not less than five hundred thousand dollars ($500,000) 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 and Automobile 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 #04.04.02 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 / CxAHUNSAKER & ASSOCIATES, INC., a California corporation (sign here) CITY OF CARLSBAD, a municipal corporation of the State of California By: City ATTEST: (print name/title) (e-mail address)LO City Clerk (sign here) (print name/title) AO il a(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 Deputy City Attorney City Attorney Approved Version #04.04.02 CALIFORNIA ALL-PURPOSE &CKHOWLETCW1EI1Y State of California County of <3£ ss. On Date personally appeared _ 15)200(0 before me, Name and Title of Officer (e.g., "Jane C WSGHANIAVJOLETYE Commission i? 1516775 IMotafy Public - California San Dlseo County C&y Ccsnm. Expires Sap 30,2008F/ Name(s) of Signer(s) ^personally known to me D proved to me on the basis of satisfactory evidence to be the person^ whose namefs) is/ewe subscribed to the within instrument and acknowledged to me that he/she^hey executed the same in his/h or/their authorized capacitypeef, and that by his/beffflwir signature^ on the instrument the person^, or the entity upon behalf of which the person^s.) acted, executed the instrument. WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date:Number of Pages:. Signer(s) Other Than Named Above:. Capacity(ies) Claimed by Signer Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney-in-Fact D Trustee D Guardian or Conservator D Other: RIGHTiTHUMBRRINT Top of thumb here Signer Is Representing:, & 1999 National Notary Association • 9350 De Soto Ave., RO. Box 2402 • Chatsworth, CA 91313-2402 • www.nationalnotary.org Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827 State of California County of ss. =9*- on l4QM€mbsr ff^lODk?before me,i c . personally appeared F\U SCX "S • V V (U pQ V\dn Namefs^f Signer(s) MEGHAN LAVIOLETTE Commission #1516775 Notary Public - California Son Dtego County IM^Comm. Btplrss Ssp 30,; Signer(s) ^personally known to me D proved to me on the basis of satisfactory evidence to be the person(e) whose name(«^ is/are subscribed to the within instrument and acknowledged to me that^te/she/toey executed the same in -his/he r/ttrerr authorized capacity (tes), and that by -IsHS/her/toetf signature^) on the instrument the person(s), or the entity upon behalf of which the person^ acted, executed the instrument. WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date:. Number of Pages:. Signer(s) Other Than Named Above:. Capacity(ies) Claimed by Signer Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General n Attorney-in-Fact D Trustee D Guardian or Conservator D Other: Top of thumb here Signer Is Representing:_ © 1999 National Notary Association • 9350 De SotoAve., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.nationalnotary.org Prod. No. 5907 Reorder: Call Toil-Free 1-800-876-6827 City of Carlsbad Rancho Santa Fe Road Street Vacation (W.O. 9999-8879) October 12, 2006 Page 2 EXHIBIT "A" SCOPE OF WORK RANCHO SANTA FE ROAD STREET VACATION OFFICE ENGINEERING H&A L'ne Description AmountNo. r 5005 1 Prepare exhibit plats and write legal description for the vacation of Rancho Santa Fe Road (R.S. 454) as shown on sheet 25 of 45 and lying within Lot 199 of Map No. 14379. Also, vacate those portions of existing public street easements granted to the City of Carlsbad recorded April 4, 1974, File No. 74-105621 of official records and recorded October 20, 1989, as File No. 89-571684 of official records lying adjacent to (R.S. 454) within said Lot 199. Reserve a 30 foot wide public utility easement within said Rancho Santa Fe Road. $ 3,500 5115 2. Review title reports and deed documents provided by the City for adjacent easements to the area being vacated. $ 700 8700 3 Prepare submittal package, processing, and coordination with the City of Carlsbad. $ 2,300 TOTAL $ 6.500 DA:kc msword\k:\p999\2006\zh052.doc w.o. 9999-8879 10/13/06 8:56 AM