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HomeMy WebLinkAboutEnginuity Consulting Inc; 2018-04-26;AGREEMENT FOR TOPOGRAPHICAL SURVEY SERVICES ENGINUITY CONSULTING, INC. THIS AGREEMENT is made and entered into as of the '-:J / pfh day of _.........,;->.J-.q......,.dl,~_.,,<a---' 20Jf1, by and between the CITY OF CA~BAD, a municipal corpor ti6n, ("City"), and Enginuity Consulting, a California corporation, ("Contractor"). RECITALS City requires the professional services of a consultant that is experienced in topographic surveying services. 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 year from the date first above written. The City Manager may amend the Agreement to extend it for an additional one year period or parts thereof. Extensions will be based upon a satisfactory review of Contractor's performance, City needs, and appropriation of funds by the City Council. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. 3. COMPENSATION The total fee payable for the Services to be performed shall not exceed ten thousand dollars ($10,000). 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. PREVAILING WAGE RATES Any construction, alteration, demolition, repair, and maintenance work, including work performed during design and preconstruction such as inspection and land surveying work, cumulatively exceeding $1,000 and performed under this Agreement are subject to state prevailing wage laws. The general prevailing rate of wages, for each craft or type of worker needed to execute the contract, shall be those as determined by the Director of Industrial Relations pursuant to the Section 1770, 1773 and 1773.1 of the California Labor Code. Pursuant to Section 1773.2 of the California Labor code, a current copy of applicable wage rates is on file in the office of the City Engineer. Contractor shall not pay less than the said specified prevailing rates of wages to all such workers employed by him or her in the execution of the Agreement. Contractor and any subcontractors shall comply with Section 1776 of the California Labor Code, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require any subcontractors to comply with Section 1776. City Attorney Approved Version 9/27/17 5. 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. 6. 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. 7. 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 Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer on the State of California's List of Approved Surplus Line Insurers (LASLI) with a rating in the latest Best's Key Rating Guide of at least "A:X"; OR an alien non- admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report, 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. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. Contractor will furnish certificates of insurance to the Contract Department, with endorsements to City prior to City's execution of this Agreement. 8. 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 categories. YesD No[gl 9. 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. 10. 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 City Attorney Approved Version 9/27/17 2 termination, if the services have been delivered in accordance with the Agreement. 11. 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. 12. 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. 13. 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. 14. 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. II II II II II II II II II II II II II 3 City Attorney Approved Version 9/27/17 15. 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/ 7 I ~-' By: L_,, . -------- CITY OF CARLSBAD, a municipal corporation of the State of California By: Sity ,...;~ Director I\J~\\l { ;c, ------'=-=:.....:....:_;'---4---'--'-----'-'----'-'-'.____,_,"'---l-_,__+------'------'--'-I ATTEST: By r;~~~fi. ftµ~ (~(WO em ~ I, ((_) (sign here) BARBARA ENGLESON '['HJ-1..... s; UJo.. ~ fa /rt~ /;J/('. /1, ';'j-12 1 /.eW y 'I/ City Clerk (print name/title) ' T J,X a Su~ v- 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: CELIA A. BREWER, City Attorney City Attorney Approved Version 9/27/17 4 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracv, or validity of the document. STATE OF CALIFORNIA, COUNTY OF ~ D\e'"(f} On f\9n\ tYd. at,\'8 before me, ~-\J\.L\') o~d. a Notary Public, personally appeared £.-lA.'aW'\ ?a.."°'b....\,Jo..\..Q. ----------, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their S!gnature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Type or Print Name: J. v\.tQoY)ev\ QI My Commission Expires: -~~~-· -'~' ~• _lt,o_\_<\_ (Notary Seal) OFFICIAL SEAL 1 •. J. MCDONALD iii 2 22 a assen en no- '""--.-,y·nc NOTARY PUBLIC-CALIFORNIA!? • COMM. NO. 2123043 - SAN DIEGO COUNlY I MY COMM. EXP. AUG. 11, 2019 cos······· A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracv, or validitv of the document. STATE OF CALIFORNIA, COUNTY OF S:ti\.i'l DI e._5 0 a Notary Public, On l\)(' \ \ 31 26 \ '? before me, ~-f-@.(O:C ...K-- personally appeared 5vvoJ: ·, l:\-. fD. c°'-v-lA.\a... , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ---=Qf_JL_Wc........;..C._cxL----=--~----<SEAL) (Signature of Notary Public) Type or Print Name: 1) . ~ .R..6-._ c__o-c.,,l, My Commission Expires: 5-, ;;2_ (J; -;)... \ (Notary Seal) r~· _.; .. ;t.,, -0 o. PEACOCK l ..-_. ,,·, COMM.#2196990 c... ~ ' · .• NOTARY PUBLIC•CALIFORNIA )> -, . :-o . SAN DIEGO COUNTY CJ) ) . , My Commission Expires r ' ~ MAY 26, 2021 . ..... . EXHIBIT "A" SCOPE OF SERVICES Cannon Restroom Topographical Survey Task 1 -Preparation of Topographical Survey of Cannon Park and fronting streets to full width (Cannon Road and Carlsbad Blvd.) by a licensed California land surveyor. Topographical survey entails locating existing structures, hardscape, landscaping, fences, walls, visible utilities, and parking area. Task 2 -Preparation of base drawing in AutoCAD showing spot elevations and one foot contours. Assumptions: Scope of work does not include property corners being set or monumented, nor does it include a record of survey being filed with the County of San Diego. Item No. Task Description Amount 1 Preparation of topographical survey $6,800 2 Preparation of base drawing 3 Additional services -shall be negotiated with City prior to $3,200 commencement of work TOTAL NOT-TO-EXCEED $10,000 City Attorney Approved Version 9/27/17 5 CERTIFICATE OF EXEMPTION WORKERS' COMPENSATION/EMPLOYERS' LIABILITY INSURANCE I, @;f,t &~~;flA-, am the &tt>/iiv'T fCtEo / (title] of !itv&Nvrry, IN(. I hereby certify that GA/GIN{l/7'{_1 //\C. 1 [name of company] [ name of company] has no employees and is not required by law to maintain workers' compensation or employers· liability msurance. Should --~--'-ii_W_{/,_m-+~-#----!_AJC __ , ______ employ any person during ~he term [name of cdmpany] of the Agreement with the City of Carlsbad for -~--'---"/c_'ON _ __._&:_~------------ l description of project or work that is being contracted] then workers' compensation and employers' liability insurance will be obtained. [Name-] /;NEttN/1/1 I Ne_. [Title and name of c mpany or corporation] 06/15/2006 25 ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) ~ 4/9/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER($), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER ~f~~~CT Certificate Department Cavignac & Associates wgN:o Ex1l: 619-744-0574 I FAX 450 B Street, Suite 1800 IA/C No): 619-234-8601 San Diego CA 92101 io~~~SS: certificates(@.caviqnac.com INSURER(S) AFFORDING COVERAGE NAIC# INSURER A : XL Specialty Company 37885 INSURED ENGIINC-01 INSURER B: Travelers Property & Casualty Company of America 25674 Enginuity, Inc. INSURERC: 15740 Via Montenero San Diego CA 92127 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 1493683521 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WIHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LTR •••en ,.uun POLICY NUMBER IMM/DD/YYYYI IMM/DDNYYYl LIMITS B X COMMERCIAL GENERAL LIABILITY y 6808H767593 3/10/2018 3/10/2019 EACH OCCURRENCE $1,000,000 1 CLAIMS-MADE 0 OCCUR DAMAGE TO RENTED $1,000,000 PREMISES (Ea occurrence) ~ MED EXP (Any one person) $10,000 PERSONAL & ADV INJURY $1.000,000 ~ GEN'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $2,000,000 Fl [KjPRO-[K]Loc PRODUCTS -COMP/OP AGG $2,000.000 POLICY JECT OTHER: $ B AUTOMOBILE LIABILITY 6808H767593 ~ 3/10/2018 3/10/2019 (E~~~b~~~llNGLE LIMIT $ Included ANY AUTO BODILY INJURY (Per person) $ >-----ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ ~ NON-OWNED PROPERTY DAMAGE X HIRED AUTOS X AUTOS /Per accident\ $ >---- $ UMBRELLA LIAB H OCCUR EACH OCCURRENCE $ - EXCESS LIAB CLAIMS-MADE AGGREGATE $ OED I I RETENTION $ $ WORKERS COMPENSATION I PER I I OTH- AND EMPLOYERS' LIABILITY STATUTE ER Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE D N/A EL. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) EL DISEASE -EA EMPLOYEE $ If yes. describe under DESCRIPTION OF OPERATIONS below EL DISEASE -POLICY LIMIT $ A Professional Liability DPS9911825 3/10/2017 3/10/2020 Each Claim $1.000,000 Aggregate $2.000,000 ,/ DESCRIPTION OF OPERATIONS/ LOCATIONS /VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space is required) Additional Insured coverage applies to General Liability for City of Carlsbad, its officers, officials, employees, agents and volunteers per policy form. Primary and Non-Contributory coverage applies to General Liability per policy form. Professional Liability -Claims made form, defense costs included within limit. If the insurance company elects to cancel or non-renew coverage for any reason other than nonpayment of premium Cavignac & Associates will provide 30 days notice of such cancellation or nonrenewal. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Carlsbad ACCORDANCE WITH THE POLICY PROVISIONS. Attn: Parks & Recreation 799 Pine Avenue, Suite 200 AUTHORIZED REPRESENTATIVE Carlsbad CA 92008 ,/~j~ I · .. ,., .,,,. © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIABILITY POLICY NUMBER: 6808H767593../ THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SCHEDULED ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE NAME OF PERSONS OR ORGANIZATIONS: City of Carlsbad, its officers, officials, employees, agents and volunteers. Attn: Parks & Recreation 799 Pine A venue, Suite 200 Carlsbad CA 92008 PROJECT/LOCATION OF COVERED OPERATIONS: PROVISIONS 1. The following is added to SECTION II -WHO IS AN INSURED: The person or organization shown in the Schedule above is an additional insured on this Coverage Part. but: a. Only with respect to liability for "bodily injury", "property damage" or "personal injury"; and b. If, and only to the extent that. the injury or damage is caused by acts or omissions of you or your subcontractor in the performance of "your work" to which the "written contract requiring insurance" applies. or in connection with premises owned by or rented to you. The person or organization does not qualify as an additional insured: c. With respect to the independent acts or omissions of such person or organization; or d. For "bodily injury", "property damage" or "personal injury" for which such person or organization has assumed liability in a contract or agreement. The insurance provided to such additional insured is limited as follows: e. This insurance does not apply to the rendering of or failure to render any "professional services". f. In the event that the Limits of Insurance of the Coverage Part shown in the Declarations exceed the limits of liability required by the "written contract requiring insurance". the insurance provided to the additional insured shall be limited to the limits of liability required by that "written contract requiring insurance". This endorsement does not increase the limits of insurance described in Section Ill - Limits Of Insurance. g. This insurance does not apply to "bodily injury" or "property damage" caused by "your work" and included in the "products- completed operations hazard" unless the "written contract requiring insurance" specifically requires you to provide such coverage for that additional insured. and then the insurance provided to that additional insured applies only to such "bodily injury" or "property damage" that occurs before the end of the period of time for which the "written contract requiring insurance" requires you to provide such coverage or the end of the policy period, whichever is earlier. CG D3 82 0915 © 2015 The Travelers Indemnity Company. All rights reserved. Page 1 of 2 Includes the copyrighted material of Insurance Services Office, Inc., with its permission POLICY NUMBER: 6808H767593 COMMERCIAL GENERAL LIABILITY 2. The following is added to Paragraph 4.a. of SECTION IV -COMMERCIAL GENERAL LIABILITY CONDITIONS: The insurance provided to the additional insured shown in the Schedule above is excess over any valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the additional insured for a loss we cover. However. if you specifically agree in the "written contract requiring insurance" that this insurance provided to the additional insured under this Coverage Part must apply on a primary basis or a primary and non-contributory basis, this insurance is primary to other insurance available to the additional insured which covers that person or organization as a named insured for such loss, and we will not share with the other insurance, provided that: (1) The "bodily injury" or "property damage" for which coverage is sought occurs; and (2) The "personal injury" for which coverage is sought arises out of an offense committed; after you have signed that "written contract requiring insurance". But this insurance provided to the additional insured still is excess over valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the additional insured when that person or organization is an additional insured under any other insurance. 3. The following is added to Paragraph 8., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV -COMMERCIAL GENERAL LIABILITY CONDITIONS: We waive any right of recovery we may have against the additional insured shown in the Schedule above because of payments we make for "bodily injury", "property damage" or "personal injury" arising out of "your work" on or for the project, or at the location, shown in the Schedule above, performed by you or on your behalf, done under a "written contract requiring insurance" with that person or organization. We waive this right only where you have agreed to do so as part of the "written contract requiring insurance" with such person or organization signed by you before, and in effect when, the "bodily injury" or "property damage" occurs, or the "personal injury" offense is committed. 4. The following definition is added to the DEFINITIONS Section: "Written contract requiring insurance" means that part of any written contract with the person or organizations shown in the Schedule above, under which you are required to include that person or organization as an additional insured on this Coverage Part, provided that the "bodily injury" and "property damage" occurs and the "personal injury" is caused by an offense committed: a. After you have signed that written contract; b. While that part of the written contract is in effect; and c. Before the end of the policy period. Page 2 of 2 © 2015 The Travelers Indemnity Company. All rights reserved. CG D3 82 0915 Includes the copyrighted material of Insurance Services Office, Inc., with its permission