HomeMy WebLinkAboutRight of Way Engineering Services Inc; 2012-09-19; UTIL891UTIL891
AGREEMENT FOR SURVEYING SERVICES FOR PARK DRIVE WATERLINE AND
SURFACE IMPROVEMENTS, PROJECT NO. 5030
(RIGHT OF WAY ENGINEERING SERVICES, INC.)
THIS AGREEMENT is made and entered into as of the /^f^ day of
3gdf<amfegj^ 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 RIGHT OF WAY ENGINEERING
SERVICES, INC., a California corporation, ("Contractor").
RECITALS
CMWD requires the professional services of a civil engineering surveyor that is
experienced in field survey and preparation of a base map. 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 one (1) year from the date first above written.
3. COMPENSATION
The total fee payable for the Services to be performed will be five thousand five hundred fifteen
dollars ($5,515). 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.
6. 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-:VH 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
othen/vise 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 seg.. and Carlsbad Municipal Code Sections 3.32.025, et seg. 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
General Counsel Approved Version 2/17/12
charges or time schedule.
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
RIGHT OF WAY ENGINEERING
SERVICES, INC., a Califomia contractor
By:
(sign here)
(print name/title)
CARLSBAD MUNICIPAL WATER
DISTRICT, a Public Agency organized
under the Municipal Water Act of 1911, and
a Subsidiary Dis^'ct of the^ity of Carisbad
By:
Presidont, Eiteeutivo Manager or DirfflayVo'^^
ATTEST: '^f ' .sv'^" By:
(sign here) LORRAINE M. WOOD
Secretary
(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 (Counsel
General Counsel Approved Version 2/17/12
EXHIBIT "A"
SCOPE OF SERVICES
Contractor shall perform field topographic survey and preparation of a base map as described in
the attached Scope of Work dated September 6, 2012.
General Counsel Version#05.06.08
EXHIBIT A
Right-Of-Way Engineering Services, Inc.
Land Surveymg
September 7, 2012
Mrs. Sherri Howard
City Of Carlsbad
1635 Faraday Avenue
Carlsbad, Ca 92008-7314
Project: Topography along Park Drive from the mail box at 4620 northwesterly 100 west of
Bruce Road, (approximately 650)
Dear Sherri,
Per your request, I have prepared a scope of work and related fees to complete a topographic
survey and base map preparation.
Scope of work
Task Hours Cost
1. Research record maps 2.0 $170, ,00
2. Locate and tie in record monuments to orient record boundary 3.0 $495, 00
3. Establish NAD 83 horizontal and NGVD 29 vertical control on the
project site based on the City of Carlsbad control.
3.0 $495, ,00
4. Field topography and cross sections on 20 intervals along Park 16.0 $2,640, ,00
Drive and 40 northerly along Bruce Road from back of walk to
back of walk. Topography will include trenchlines, asphalt failure
locations, patches, storm drain catch basins, outlet structure and
existing manholes with detailed pipe sizes and invert elevations.
All curb, gutter, lip, driveways, concrete, asphalt, and surface
utilities will be included. Items listed in Aecom's survey scope
will be included in the sections and topography.
5. Preparation of base map at 1"= 20 feet with 1' contours 16.0 $1,280.00
existing ground profile, (1"=4' vertical) sewer as-built
information, existing right of way and street centeriine.
6. Calculations and note reduction 4.0 $340.00
7. Supervision and coordination 1.0 $95.00
Total (time and material) not to exceed $5,515.00
Thank you for the opportunity to propose on this project.
Sincerely,
Right-of-Way Engineering Services, Inc.
Michael Schlumpberger
President
615 South Tremont Street • Oceanside, CA 92054 • (760) 637-2700 • FAX (760) 637-2701 • Email row@,roweng.net
Carlsbad park Drive Topography revised.doc
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Right-Of-Way En^f ering Services, Inc.
Lan4:^«ieying
RESOLUTIONS ADOPTED BY UNANIMOUS WRITTEN CONSENT
OF THE BOARD OF DIRECTORS OF
RIGHT-OF-WAY ENGINEERING SERVICES, INC.
A Califomia corporation
THE undersigned, being all the directors of RIGHT-OF-WAY ENGESfEERING SERVICES,
INC., A Califomia Corporation, by this writing approve the following resolutions and consent to
their adoption:
WHEREAS, the Board of Directors of this Corporation, desires to grant to the Officers of this Corporation,
the power to execute all corporate instruments and documents, or to sign the corporate name without
limitation, each acting alone and without approval of signature of any other corporate Officer.
NOW, THEREFORE, BE IT RESOLVED, that MICHAEL L. SCHLUMPBERGER is hereby
authorized and directed to act alone in signing any and all corporate documents of any kind or nature,
and/or related instruments, for the benefit of the Corporation, on such terms and conditions as MICHAEL
L. SCHLUMPBERGER, in his sole discretion, deems advisable ia the best interest of the corporation.
This consent is executed pursuant toe subdivision (b) of Section 307 of the Califomia Corporations Code,
and is to be filed with the Minutes of Board proceedings.
Executed effective January 31, 2003.
Michael L. Schlumpberger
President
Michael L. Schlumpberger
Secretary
615 S. Tremont Street • Oceanside, CA 92054 • (760) 637-2700 • FAX (760) 637-2701
E-Mail: row(^roweng.net