HomeMy WebLinkAbout1997-11-04; City Council; 14414; GVP Agreement Approval-..
CII f OF CARLSBAD -AGENDA tiLL I
.B# '4, Ll I 7 TITLE:
CITY MGR. PW WITH GVP CONSULTANTS IEPT.
FOR PROFESSIONAL ENGINEERING SERVICES ITG. 1 1/04/97
APPROVAL OF AGREEMENT
RECOMMENDED ACTION:
Adopt Resolution No. 7-660 approving a consultant agreement with GVP Consultants, a sole
proprietorship Glen Van Peski, proprietor, to provide Professional Engineering services.
ITEM EXPLANATION:
The Engineering Department needs to contract with private consulting engineering firms in order to
meet timelines for the number of capital projects being processed. Staff is recommending that the City
contract with GVP Consultants, a sole proprietorship Glen Van Peski, proprietor, to assist staff on an
as-needed basis with facility planning, project management, review and recommendation of cost
reports and studies and assessment engineering. This firm was interviewed and recommended by staff
because it is qualified to provide the needed services and is experienced with the City's procedures
and policies. Individual project budgets will be established by the City Engineer and only authorized as
services are required. Fees will be paid from the specific capital projects as work is completed by the
extensions based on the City's need and satisfactory performance by the consultant, as approved by consultant. The agreement will be for one year with provisions for three consecutive one year
the City Manager. Maximum payable to the consultant under the agreement will not exceed $150,000
the first year. Recommendation of the firm was based on the consultant's expertise in the areas
needed and past experience working with the City on engineering projects. An agreement with this firm
will provide continuity in work that needs to be accomplished.
FISCAL IMPACT:
Cost for the civil engineering services will be charged to the various capital projects as part of the
project available funding.
EXHIBITS:
1. Resolution No. 91-bbo approving an agreement with GVP Consultants, a sole
proprietorship Glen Van Peski, proprietor, for Professional Engineering services.
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RESOLUTION NO. 97-66n
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING AN AGREEMENT WITH GVP
CONSULTANTS, A SOLE PROPRIETORSHIP, GLEN VAN PESKI, . PROPRIETOR. FOR PROFESSIONAL ENGINEERING SERVICES.
WHEREAS, the City Council of the City of Carlsbad, California has reviewed the need for the
ltilization of consultant services on an ongoing, as needed basis in order to maintain service levels;
Ind
WHEREAS, the City Council has determined GVP Consultants, a sole proprietorship
;len Van Peski, proprietor, has the needed professional engineering skills; and
WHEREAS, the City Council has determined that the above-named consulting engineering
rm is uniquely qualified because of its experience with City policy and procedures; and
WHEREAS, the City Council recognizes the need to maintain the continuity of work in
rogress by utilizing GVP Consultants, a sole proprietorship Glen Van Peski. proprietor,
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
:alifornia. as follows:
1. That the above recitations are true and correct.
2. That an agreement with GVP Consultants, a sole proprietorship Glen Van Peski,
rOprietOr, a copy of which is attached as Exhibit'A, and made a part hereof, is hereby approved
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council
eld on the 4th day of November , 1997 by the following vote, to wit:
AYES: Council Members Lewis. Finn
.TTEST:
AREN R. KUNDTZ, stant City Clerk (SEAL)
Exhibit 1
AGREEMENT FOR A
PROFESSIONAL ENGINEERING CONTRACTOR TO
PROVIDE SERVICES FOR PREPARATION OF
VARIOUS ENGINEERING PROJECTS
THIS AGREEMENT, made and entered into as of the may of
19a, by and between the CITY OF CARLSBAD, a municipal corporation, hereinafter
referred to as "City", and Glen Van Peski, doing business as GVP Consultants. a sole
proprietorship, hereinafter referred to as "Contractor."
RECITALS
City requires the services of a Professional Engineering Contractor to provide the
necessary studies, reports, cost estimates and general engineering services for
preparation of various engineering projects; and Contractor possesses the necessary
skills and qualifications to provide the services required by the City;
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, City and Contractor agree as follows:
1. p
The Contractor shall provide qualified professional engineering services as
requested by the City including, but not limited to, facili planning, project
management, review and recommendation of cost reports and studies, plancheck
services, assessment engineering and all equipment and standard reference materials
necessary to perform the work as defined herein and in such amendments hereto that
the parties to this agreement may mutually approve.
rev. 8/26/96
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2. CITY OBLIGATIONS
The City shall:
*:* Provide Contractor with City standards, specifications, and direction for
Contractor to perform services as requested by the City.
*:* Provide Contractor with documents or other materials related to the scope of work.
3. PROGRESS AND COMPLETION
The work under this contract will begin within ten (10) days after receipt of
notification to proceed by the City and be completed within dates mutually agreed upon
between City and Contractor for individual projects. Extensions of time may be granted
if requested by the Contractor and agreed to in writing by the Cty Engineer. The Cty
Engineer will give allowance for documented and substantiated unforeseeable and
unavoidable delays not caused by a lack of foresight on the part of the Contractor, or
delays caused by City inaction or other agencies’ lack of timely action.
4. p
The Contractor shall be compensated based on budgets established for each
project as approved by the City Engineer. The progress payments shall be based on
the Contractor’s fee schedule or percentage of project complete. If the City Engineer
accepts the rates, the contract may be amended and extended by the City Manager.
The total to be paid to Contractor under this contract shall not exceed $150,000 per
year.
rev. 8/26/96
2
5. DURATION OF CONTRACT
This agreement shall extend for a period of one (1) year from date thereof. The
contract may be extended by the City Manager for three (3) additional one (1) year
periods or parts thereof, based upon a review of satisfactory performance and the City's
needs. The parties shall prepare extensions in writing indicating effective date and
length of the extended contract.
6. PAYMENT OF FEES
Payment of approved items on the invoice shall be mailed to the Contractor
within 30 days of receipt of the invoice.
7. CHANGES IN WORK
If, in the course of the contract, changes seem merited by the Contractor or the
City, and informal consultations with the other party indicate that a change in the
conditions of the contract is warranted, the Contractor or the Ci may request a change
in contract. Such changes shall be processed by the City in the following manner: A
letter outlining the required changes shall be forwarded to the City by Contractor to
inform them of the proposed changes along with a statement of estimated changes in
charges or time schedule. A Standard Amendment to Agreement shall be prepared by
the City and approved by the Ci according to the procedures described in
Carlsbad Municipal Code Section 3.28.172. Such Amendment to Agreement shall not
render ineffective or invalidate unaffected portions of the agreement.
rev. 8/26/96
3
8. COVENANTS AGAINST CONTINGENT FEES
The Contractor warrants that their firm has not eml )loyed or retainec d any
company or penon, other than a bona fide employee working for the Contractor, to
solicit or secure this agreement, and that Contractor has not paid or agreed to pay any
company or person, other than a bona fide employee, any fee, commission,
percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting
from, the award or making of this agreement. For breach or violation of this warranty,
the City shall have the right to annul this agreement without liability, or, in its discretion,
to deduct from the agreement price or consideration. or otherwise recover, the full
amount of such fee, commission. percentage. brokerage fees, gift, or contingent fee.
9. NONDISCRIMINATION CLAUSE
The Contractor shall comply with the state and federal laws regarding
nondiscrimination.
10. TERMINATION OF CONTRACT
In the event of the Contractor's failure to prosecute, deliver, or perform the work
as provided for in this contract, the City Manager may terminate this contract for
nonperformance by notifying the Contractor by certified mail of the termination of the
Contractor. The Contractor, thereupon, has We (5) working days to deliver said
documents owned by the Ci and all work in progress to the City Engineer. The City
Engineer shall make a determination of fact based upon the documents delivered to
City of the percentage of work which the Contractor has performed which is usable and
of worth to the City in having the contract completed. Based upon that finding as
rev. 8/26/96
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reported to the City Manager, the Manager shall determine the final payment of the
contract.
This agreement may be terminated by either party upon tendering thirty (30)
days written notice to the other party. In the event of such suspension or termination,
upon request of the City, the Contractor shall assemble the work product and put same
in order for proper filing and closing and deliver said product to City. In the event of
termination, the Contractor shall be paid for work performed to the termination date;
however, the total shall not exceed the lump sum fee payable under paragraph 4. The
City Manager shall make the final determination as to the portions of tasks completed
and the compensation to be made.
11. DISPUTES
If a dispute should arise regarding the performance of work under this
agreement, the following procedure shall be used to resolve any question of fact or
interpretation not otherwise settled by agreement between parties. Such questions, if
they become identified as a part of a dispute among persons operating under the
provisions of this contract, shall be reduced to writing by the principal of the Contractor
or the City Engineer. A copy of such documented dispute shall be forwarded to both
parties involved along with recommended methods of resolution which would be of
benefit to both parties. The City Engineer or principal receiving the letter shall reply to
the letter along with a recommended method of resolution within ten (IO) days. If the
resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the
dispute shall be forwarded to the City Council for their resolution through the Office of
the City Manager. The City Council may then opt to consider the directed solution to
rev. 8/26/96
5
the problem. In such cases, the action of the City Council shall be binding upon the
parties involved, although nothing in this procedure shall prohibit the parties seeking
remedies available to them at law.
12. CLAIMS AND LAWSUITS
The Contractor agrees that any contract claim submitted to the Clty must be
asserted as part of the contract process as set forth in this agreement and not in
anticipation of litgation or in conjunction with litigation. The Contractor acknowledges
that if a false claim is submitted to the City, it may be considered fraud and the
Contractor may be subject to criminal prosecution. The Contractor acknowledges that
California Government Code sections 12650 m, the False Claims Ad, provides for
civil penalties where a person knowingly submits a false claim to a public entity. These
provisions include false claims made with deliberate ignorance of the false information
or in reckless disregard of the truth or falsi of information. If the Ci of Carlsbad seeks
to recover penalties pursuant to the False Claims Act, it is entitled to recover its
litigation costs, including attorney's fees. The Contractor acknowledges that the filing of
a false claim may subject the Contractor to an administrative debarment proceeding
wherein the Contractor may be prevented to act as a Contractor on any public work or
improvement for a period of up to five years. The Contractor acknowledges debarment
by another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor
from the selection process.&f (Initial)
The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026,
3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference.
rev. 8/26/96
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13. STATUS OF THE CONTRACTOR
The Contractor shall perform the services provided for herein in Contractor's own
way as an independent Contractor and in pursuit of Contractor's independent calling,
and not as an employee of the City. Contractor shall be under control of the City only
as to the result to be accomplished, but shall consult with the City as provided for in the
request for proposal. The persons used by the Contractor to provide services under this
agreement shall not be considered employees of the City for any purposes whatsoever.
The Contractor is an independent Contractor of the City. The payment made to
the Contractor pursuant to the contract shall be the full and complete compensation to
which the Contractor is entitled. The City shall not make any federal or state tax
withholdings on behalf of the Contractor or hidher employees or subcontractors. The
City shall not be required to pay any workers' compensation insurance or
unemployment contributions on behalf of the Contractor or hisher employees or
subcontractors. The Contractor agrees to indemnlfy the Clty within 30 days for any tax,
retirement contribution, social security, overtime payment, unemployment payment or
workers' compensation payment which the City may be required to make on behalf of
the Contractor or any employee or subcontractor of the Contractor for work done under
this agreement or such indemnification amount may be deducted by the City from any
balance owing to the Contractor.
The Contractor shall be aware of the requirements of the Immigration Reform
and Control Act of 1986 and shall comply with those requirements, including, but not
limited to, verifying the eligibility for employment of all agents, employees.
subcontractors and Consultants that are included in this agreement.
rev. 8/26/96
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14. CONFORMITY TO LEGAL REQUIREMENTS
The Contractor shall cause all drawings and specifications to conform to all
applicable requirements of law: federal, state and local. Contractor shall provide all
necessary supporting documents, to be filed with any agencies whose approval is
necessary.
The City will provide copies of the approved plans to any other agencies.
15. OWNERSHIP OF DOCUMENTS
All plans, studies, sketches, drawings, reports, and specitications as herein
required are the property of the City, whether the work for which they are made be
executed or not. In the event this contract is terminated, all documents, plans,
specifications, drawings, reports, and studies shall be delivered forthwith to the Ci.
Contractor shall have the right to make one (1) copy of the plans for hisher records.
16. REPRODUCTION RIGHTS
The Contractor agrees that all copyrights which arise from creation of the work
pursuant to this contract shall be vested in Ci and hereby agrees to relinquish all
claims to such copyrights in favor of CQ.
17. HOLD HARMLESS AGREEMENT
Contractor agrees to indemnify and hold harmless the City of Carlsbad and its
officers, officials, employees and volunteers from and against all claims, damages,
losses and expenses including attorney fees arising out of the performance of the work
described herein caused in whole or in part by any willful misconduct or negligent act or
omission 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, except where caused
rev. 8/26/96
8
by the active negligence, sole negligence, or willful misconduct of the City of Carlsbad.
Contractor shall at its own expense, upon written request by the City, defend any
such suit or action brought against the City, its officers, officials, employees and
volunteers. Contractors indemnification of City shall not be limited by any prior or
subsequent declaration by the Contractor.
18. ASSIGNMENT OF CONTRACT
The Contractor shall not assign this contract or any part thereof or any monies
due thereunder without the prior written consent of the CQ.
19. SUBCONTRACTING
If the Contractor shall subcontract any of the work to be perfohed under this
contract by the Contractor, Contractor shall be fully responsible to the Clty for the acts
and omissions of Contractots subcontractor and of the persons either directly or
indirectly employed by the subcontractor, as Contractor is for the acts and omissions of
persons directly employed by Contractor. Nothing contained in this contract shall
create any contractual relationship between any subcontractor of Contractor and the
City. The Contractor shall bind every subcontractor and every subcontractor of a
subcontractor by the terms of this contract applicable to Contractor's work unless
specifically noted to the contrary in the subcontract in question approved in writing by
the City.
20.
No official of the City who is authorized in such capacity on behalf of the City to
negotiate, make, accept, or approve, or take part in negotiating. making, accepting, or
approving of this agreement, shall become directly or indirectly interested personally in
rev. 8/26/96
9
this contract or in any part thereof. No officer or employee of the Clty who is authorized
in such capacity and on behalf of the Clty to exercise any executive, supervisory, or
similar functions in connection with the performance of this contract shall become
directly or indirectly interested personally in this contract or any part thereof.
21. VERBAL AGREEMENT OR CONVERSATION
No verbal agreement or conversation with any officer, agent, or employee of the
City, either before, during or after the execution of this contract, shall affect or modify
any of the terms or obligations herein contained nor entitle the Contractor to any
additional payment whatsoever under the terms of this contract.
22. SUCCESSORS OR ASSIGNS
Subject to the provisions of Paragraph 18, "Hold Harmless Agreement," all
terms, conditions, and provisions hereof shall inure to and shall bind each of the parties
hereto, and each of their respective heirs, executors, administrators, successors, and
assigns.
23. EFFECTIVE DATE
This agreement shall be effective on and from the day and year first written
above.
24. CONFLICT OF INTERFST
The City has determined, using the guidelines of the Political Reform Act and the
City's conflict of interest code, that the Contractor will not be required to file a conflict of
interest statement as a requirement of this agreement. However, Contractor hereby
acknowledges that Contractor has the legal responsibility for complying with the
Political Reform Act and nothing in this agreement releases Contractor from this
rev. 8/26/96
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”
responsibility.
25. INSURANCE
The Contractor shall obtain and maintain for the duration of the contract and any
and all amendments insurance against claims for injuries to persons or damage to
property which may arise out of or in connection with performance of the work
hereunder by the Contractor, his agents, representatives, employees or subcontractors.
Said insurance shall be obtained from an insurance carrier admitted and authorized to
do business in the State of California. The insurance carrier is required to have a
current Best‘s Key Rating of not less than “A-:V’ and shall meet the City’s policy for
insurance as stated in Resolution No. 91403.
A. Coveraaes and Limits.
Contractor shall maintain the types of coverages and minimum limits
indicated herein, unless a lower amount is approved by the City Attorney or Ctty
Manager:
1. Comprehensive General Liability Insurance. $1,000,000 combined
single-limit per occurrence for bodily injury, personal injury and property damage. If the
submitted policies contain aggregate limits, general aggregate limits shall apply
separately to the work under this contract or the general aggregate shall be twice the
required per occurrence limit.
2. Automobile Liabiltty (if the use of an automobile is involved for
Contractor‘s work for the Ctty). $1,000,000 combined single-limit per accident for bodily
injury and property damage.
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rev. 8/26/96
3. Workers' Compensation and Employer's Liability. Workers'
Compensation limits as required by the Labor Code of the State of California and
Employer's Liabili limits of $1,000,000 per accident for bodily injury.
4. Professional Liabiltty. Errors and omissions liabiltty insurance will
not be required because the nature of the work is such that no design decisions will be
made by the Contractor.
6. Additional Provision.?.
Contractor shall ensure that the policies of insurance required under this
agreement contain, or are endorsed to contain, the following provisions.
1. The City shall be named as an additional insured on all policies
excluding Workers' Compensation and Professional Liabili.
2. The Contractor shall furnish certificates of insurance to the City
before commencement of work.
3. The Contractor shall obtain occurrence coverage, excluding
Professional Liability which shall be written as claims-made coverage.
4. This insurance shall be in force during the life of the agreement and
any extension thereof and shall not be canceled without 30 days prior written notice to
the City sent by certified mail.
5. If the Contractor fails to maintain any of the insurance coverages
required herein, then the City will have the option to declare the Contractor in breach, or
may purchase replacement insurance or pay the premiums that are due on existing
policies in order that the required coverages may be maintained. The Contractor is
responsible for any payments made by the Ctty to obtain or maintain such insurance
rev. 8/26/96
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and the City may collect the same from the Contractor or deduct the amount paid from
any sums due the Contractor under this agreement.
26. RESPONSIBLE PARTIES
The name of the persons who are authorized to give written notices or to receive
written notice on behalf of the City and on behalf of the Contractor in connection with
the foregoing are as follows:
For City: Tale
Name
Address
For Contractor: Tale
Name
Address
Citv Enaineer
Llovd B. Hubbs
Citv of Carlsbad
2075 Las Palmas Drive
Sole ProDrietor. GVP Consultants
Glen Van Peski
3506 Chauncev Road
<
f
Professional Engineer Number: C 41204
28. BUSINESS LICENSE
Contractor shall obtain and maintain a City of Carlsbad Business License for the
duration of the contract.
rev. 8/26/96
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29. ENTIRE AGREEMENT
This agreement, together with any other written document referred to or
contemplated herein, embody the entire agreement and understanding between the
parties relating to the subject matter hereof. Neither this agreement nor any provision
hereof may be amended, modified, waived or discharged except by an instrument in
writing executed by the party against which enforcement of such amendment, waiver or
discharge is sought.
Executed by Contractor this Z& day of +?tLfnb+ , 1u.
CONTRACTOR:
GVP Consultants, a Sole d &*
Glan i!. LQJn @51; , I%%&+ ATTEST: (print nameltile)
(Proper notarial acknowledgment of execution by Contractor must be attached.)
(President or vice-president and secretary or assistant secretary must sign for
corporations. If only one officer signs, the corporation must attach a resolution certified
by the secretary or assistant secretary under corporate seal empowering that officer to
bind the corporation.)
APPROVED AS TO FORM:
RONALD R. BALL
- d2.L
Beputy City Attorney .U-C-7%
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rev. 8/26/96
CALIFORNIA ALLPURPOSr ACKNOWLLWYEWT No. 5907
NbME(S1 OF SIGNERIS) fl personally known to me - OR - 0 2
to be the person@ whose name(x)+
subscribed to the within instrument and ac-
knowledged to me that@bhehbq executed
the same in @%&&#mu authorized
capacity(*), and that by @#te&#w
signaturem on the instrument the persono,
or the entity upon behalf of which the
personbd acted, executed 'the instrument.
WITNESS my hand and official seal. -
OPTIONAL
fraudulent reattachment of this form.
Though the data below is not required by law, it may prove valuable to pem relying on tJm document and could prevent
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