HomeMy WebLinkAboutKitchell Capital Expenditure Managers Inc; 2014-09-09; PEM1117PEM1117
AGREEMENT FOR BRIDGING CONSULTANT RFQ DEVELOPMENT SERVICES
KITCHELL CAPITAL EXPENDITURE MANAGERS, INC.
P THIS AGREEMENT is made and entered into as of the / day of
C\\^ /^ yir/v^\ /?r^ r: 2014, by and between the CITY OF CARLSBAD, a municipal
corpoWion, ("City"), and KITCHELL CAPITAL EXPENDITURE MANAGERS, INC., a California
Corporation, ("Contractor")
RECITALS
City requires the professional services of a Construction Management Firm that is
experienced in bridging consultant qualification document preparation. 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 foliows:
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 Sen/ices to be performed will be nine thousand seven hundred fifty
doiiars ($9,750). No other compensation for the Services will be allowed except for items covered
by subsequent amendments to this Agreement. City resen/es the right to withhold a ten percent
(10%) retention until City has accepted the worl< 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 ali 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 sun/ive the expiration or early termination of this Agreement.
City Attorney Approved Version 1/30/13
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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 Caiifornia 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 othenwise 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 ofthis Agreement.
7. CONFLICT OF INTEREST
Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the
requirements ofthe 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, ifthe 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
sea., and Carlsbad Municipal Code Sections 3.32.025, et sea. 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 1/30/13
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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
KITCHELL CAPITAL EXPENDITURE
MANAGER§^NC., a California
Corporatioj;
By:
1:
(sign here)
(print nanie/title)
CITY OF CARLSBAD, a municipal
corporation of the State of California
(%jgjfhere)
(print name/title)
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
hwo 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
Assistant City Attofney
City Attorney Approved Version 1/30/13
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EXHIBIT "A"
SCOPE OF SERVICES
Provide consulting services to develop a Request for Qualification (RFQ) for design criteria
document development for the Maintenance & Operations Building. Services will include the
following components:
Develop RFQ Package
Develop Scope of Work narrative
Develop project budget parameters
Develop high level project timeline
Develop fee schedule format
Identify Selection Criteria
Identify Selection Schedule for Consultants including interviews
Gather and provide any supplemental documentation including plans, draft contract, etc.
Manage RFQ Process
Package RFQ and deliver to City for Issuance and advertisement.
Schedule & facilitate pre-submlttal meeting
Assist City in response to bidder questions as needed.
Assist City with the review of the consultant proposals.
Review & comment on the City evaluation and scoring sheet.
Coordinate shortlist selection with reviewers
Interview Process
• Coordinate consultant firm Interviews with consultant and City team.
• Coordinate post-interview evaluation with City selection panel
Award Process
• Schedule initial meeting to review scope and fee.
• Finalize scope and fee to prepare for approval and contract.
• Schedule kick off meeting and transition to City identified Project Manager.
City Attorney Approved Version 1/30/13