HomeMy WebLinkAboutMaintenance Facility Consultants Inc; 2009-07-29; PWENG694PWENG694
AGREEMENT FOR SITE AND FACILITY EVALUATION SERVICES
(MAINTENANCE FACILITY CONSULTANTS, INC.)
AGREEMENT is made and entered into as of the <^>2 7^" _ day of
2QQj. by and between the CITY OF CARLSBAD, a municipal
corpora (£City"), and MAINTENANCE FACILITY CONSULTANTS, INC., a Texas
corporation, ("Contractor").
RECITALS
City requires the professional services of a consultant that is experienced in site and
facility evaluations. 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 six (6) months from the date first
above written.
3. Compensation. The total fee payable for the Services to be performed will be Ten
Thousand dollars ($10,000.00). 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.
6. Insurance. Contractor will obtain and maintain policies of commercial general liability
insurance, automobile liability insurance, a combined policy of workers' compensation,
City Attorney Approved Version #05.06.08
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 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 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 #05.06.08
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
MAINTENANCE FACILITY
CONSULTANTS, INC.
a Texas corporation
CITY OF CARLSBAD, a municipal
corporation of the State of California
(print name/title)
City Manager or Mayor
or Authorized Signatory
ATTEST:
(e-mail address)
(sign here)
(print name/title)
ity
M. WOOD \
V __ /
(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:
RONALDBr-iALL, City Attorney
City Attorney
City Attorney Approved Version #05.06.08
EXHIBIT "A"
SCOPE OF SERVICES AND FEES
Scope of Services
Phase 1 Objective: To confirm the revised Public Works program and review documentation
regarding proposed site and facility.
Contractor will prepare a revised program reflecting changes in the Public Works department
since the last site and facility evaluation. The last site and facility evaluation will be used as the
basis. The program will be marked up by Public Works staff and Contractor will produce an
updated version based on those mark-ups.
Contractor will review all documentation available for the proposed sites and facilities.
Documentation will be prepared by Public Works staff and should include, if possible, site
plans, facility plans, aerials, any information regarding set-backs, easements, landscaping
requirements, etc.
Phase 2 Objective: To establish a baseline solution for moving all, or portions, of the Public
Works Department to the proposed site and facilities.
Contractor will prepare a concept plan that places the revised program on the site in the most
operationally efficient manner possible. The plan will be block diagram in nature. Detail layout
of interior spaces will not be provided. The diagram will define relational aspects of different
groups and types of spaces.
Contractor will prepare a written analysis of the allocation of space within the existing office
building. This analysis will define the potential for the existing building to accommodate the
personnel functions of the department. No concepts will be provided for the office building.
However, the analysis will detail what functions can be accommodated in the building; as well
as those that cannot be accommodated.
Prepare a summary report for review with the Public Works staff.
Submittals: Provide the City with (1) digital file of the draft reports; two (2) copies of the final
report and one (1) digital file of the final report that includes:
• An executive summary
• A revised site and facility evaluation
• An analysis of the allocation of space within the existing office building
Fees
Phase 1 :
Phase 2:
Other Services:
TOTAL
$ 2,320.00
$ 5,800.00
$1,880.00
$10,000.00
City Attorney Approved Version #05.06.08
CERTIFICATE OF EXEMPTION (out-of-state contractors)
WORKERS' COMPENSATION/ EMPLOYERS' LIABILITY INSURANCE
I, 2*=a/sJUto ^ .vugps am the ***&(. ^?B» _ of
[insert name] [title]
tify that v^v
[name of company] [name of company]
has no employees working in California and is not required by law to maintain California workers'
compensation or employer's liability insurance. W\Mv*psKlA»Xg&. fo^AUtTpf £g>t4«OLi^A-itJ
[name of company or corporation]
and its employees are covered by *\~&>f*^ _ workers' compensation
[insert state]
insurance. All work will be done in Tfe^^^^* _ . Should
[insert state]
employ any person to work in California during the term of
[name of company]
the Agreement with the City of Carlsbad for -a>tfg =f*a
[description of project or work that is being contracted]
, then workers' compensation and employer's liability
insurance will be obtained.
Executed on this #g day of <&»^&> , 20_g>^ at
am[Name]
[Title and name of company]
06/15/2006 26