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HomeMy WebLinkAboutMarc Boogay Consulting Engineer; 2014-12-29; UTIL1140UTIL1140 AGREEMENT FOR ASSESSMENT RELATING TO ASBESTOS AND LEAD-CONTAINING PAINT SERVICES MARC BOOGAY CONSULTING ENGINEER rx THIS AGREEMENT is made and entered into as of the ^ V JPf'/^/f^^A^/^. 2014, by and between the CITY OF CARLSBAD, ^ day of a municipal cbrporation, ("City"), and MARC BOOGAY CONSULTING ENGINEER, a sole proprietorship ("Contractor"). RECITALS A. City requires the professional services of an engineering consultant that is experienced in site inspection for hazardous material assessment. 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 sixty (60) days from the date first above written. 3. COMPENSATION The total fee payable for the Services to be performed will be one thousand two hundred fifty dollars ($1,250). 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 attorney's 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. City Attorney Approved Version 1/30/13 UTIL1140 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-: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 othenvise 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 ofthis 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 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 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 sea. Contractor further acknowledges that debarment by another jurisdiction is grounds for the City of Carisbad 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 UTIL1140 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 MARC BOOGAY CONSULTING ENGINEER, a spf^ proprietorship By: CITY OF CARLSBAD, a municipal corporation of the State of California (sign h|^ Marc Boogay / Sole Fropnet - Principal Ity Manager or KWoyor or Director Patrick Thomas (print name/title) By: (sign here) (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 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 Attomey Approved Version 1/30/13 Exhibit "A" PROPOSAL FOR ASSESSMENT RELATING TO ASBESTOS AND LEAD-CONTAINING PAINT FOR A SEWAGE LIFT STATION SITE IN CARLSBAD, CALIFORNIA Octobers, 2014 Client: Consultant: City of Carlsbad Engineering Dept. Marc Boogay 1635 Faraday Avenue Consulting Engineer Carlsbad, CA 92008 1584 Whispering Palm Drive Oceanside, CA 92056 This proposal/contract is for a limited asbestos sun/ey to be performed on buildings associated with a sewage lift station (the "site") on NRG's/Sempra Energy's Cabrillo Power Station property (near the railroad bridge crossing the Agua Hedionda lagoon/estuary) in Carisbad, California. The site comprises a two level pump-house and a generator building. The objective of this work will be to judge if and where significant asbestos and/or "lead- based paint" exists in building materials of the site prior to the buildings' demolition and how to manage lead-painted surfaces during demolition. The site will be inspected for the presence of asbestos-containing materials and for condition of painted surfaces. Up to twenty-five samples will be taken and analyzed by polarized light microscopy and/or atomic absorption. Results of the inspection and analyses will be presented in an illustrated report. Work described above will be conducted for a fee of $1250 (one thousand two hundred and fifty dollars), to be paid within three weeks following receipt of the report. Contingent upon access to the site, this report should be completed within 12-to-15 business days following return of the signed contract document; a verbal summary of most results will be available on request within 10-to-12 business days following start of work. This work will research general condition of materials and painted surfaces at the site. It will not include toxicological sen/ices such as an assessment of threats to humans from contact with any hazardous substances or the effects on humans from any other phenomena, e.g., electromagnetic fields, noise, molds, allergens, hazardous wastes/materials, etc. No inspection efforts will be performed on concealed or internal portions of the site, and no disassembly, destructive inspection, or use of special investigative instruments will be performed. No engineering calculations will be performed or reviewed, and no plans or specifications shall be prepared. Specimen collection will involve gouging/marring of sampled surfaces. The Consultant will not be responsible for repairs or related damage deriving from this. In particular, sampling of roofing material may lead to rain/dew ingress, and the Consultant is absolved of any responsibility for subsequent damages due to this. Consultant's liability shall be limited to two times the total fee paid and the Client will indemnify the Consultant for this work. The Client will be responsible for arrangements to MBCE No. 14-0906 Asbestos/Lead Surveys, Cabrillo Lift Station, Garlsbad page 1 of 2 allow the Consultant access to the site and for further defining property boundaries if/as necessary. It is possible that more different suspected asbestos-containing-building-materials exist at the site than can be assessed by 25-samples. In the event additional samples are deemed necessary, each would incur additional fee at $35 each. This proposal will become invalid after 30 days. All work product resulting from this contract shall only be for the use of the Client. No other party shall rely on it, except if and as specifically designated in writing by both Client and Consultant. SIGNATURES Client: Consultant City of Carlsbad Engineering Dept. Marc Boogay Consulting Engineer Marc Boogay. Principal Print Name, Title Print Name, Title Signature date Signature date MBCE No. 14-0906 Asbestos/Lead Surveys, Cabrillo Lift Station, Carlsbad page 2 of 2