HomeMy WebLinkAbout1998-12-01; City Council; 14899; Kleinfelder Inc. Agreement Approval- -?
CITY OF CARLSBAD - AGENIJA BILL
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AND MAKING AN APPROPRIATION THEREFORE DEPT. BLD
INSPECTION SERVICES FOR PROJECTS MTG. &&f
TITLE:
APPROVING AGREEMENT FOR BUILDING
CONSTRUCTED WITHIN THE CITY
RECOMMENDED ACTION:
DEPT. HD.
I CITYMGR
That the City Council ADOPT Resolution No. 9/-3& APPROVING the Professional
Services Agreement for building inspection services for various projects under construction within
the City of Carlsbad, and making an appropriation transfer.
ITEM EXPLANATION:
Building inspection services for all phases of building construction are required for all projects being
constructed in the City. In an effort to properly coordinate the increasing volume of this work and
take advantage of opportunities for reduced costs for these needed services, staff contacted several
firms that provide this type of service for the best offers.
Based upon the information received staff is recommending that the City enter into this agreement
with Kleinfelder, Inc. to provide building inspection services for the City. The City currently has an
approved agreement with Kleinfelder, Inc with the Public WorkdEngineering Inspection Department
to perform materials testing services for capital projects, which Kleinfelder is satifactorily performing.
The proposed agreement is for a period of one year, with provisions for three additional one year
periods based upon the City’s needs and satisfactory performance by the Contractor.
FISCAL IMPACT:
Year-to-date Building Permit and Plan Check revenues, which are generally associated with
inspection services, are at the same level as last fiscal year to date. This fund transfer of $125,000
from the General Fund Contingency Account to Miscellaneous Professional Services Account in the
Building Department will be utilized to pay for contract inspection services on an as-needed basis.
Any funds unused during the current fiscal year will be reverted back to the General Fund at the end
of this fiscal year.
ENVIRONMENTAL:
The Planning Director has determined that the activities that are the scope of the contract are
categorically exempt from CEQA review pursuant to Section 15309 of the CEQA Guidelines. A
Notice of Exemption will be filed upon approval of the contract.
EXHIBITS:
1. Resolution No. %f-3& approving the Professional Services Agreement agreement for
building inspection services with Kleinfelder, Inc. and its attachment, the proposed
2. Professional Services Agreement with Kleinfelder, Incorporated.
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RESOLUTION NO. 98-346
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT
BETWEEN THE CITY OF CARLSBAD AND KLEINFELDER,
INCORPORATED FOR BUILDING INSPECTION SERVICES
AND TO TRANSFER $125,000 FROM THE GENERAL FUND
CONTINGENCY ACCOUNT THEREFORE.
WHEREAS, the City Council of the City of Carlsbad has determined it necessary,
desirable and in the public interest to provide building inspection services as an element of the
construction process for projects under construction within the City of Carlsbad; and
WHEREAS, staff has inquired regarding costs from qualified firms to provide these
necessary services to the City.
WHEREAS, it will be necessary to transfer funds in the amount of $125,000 from the
General Fund Contingency Account to Miscellaneous Professional Services account (001-36 10-
7490) of the Building Inspection budget.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
California as follows:
1. That the above recitations are true and correct
2. That the Agreement for Professional Services between the City of Carlsbad and
Kleinfelder, Incorporated to provide building inspection services is approved, and the Mayor and
City Clerk are authorized and directed to execute the same on behalf of the City.
3. That the Director of Finance is authorized and directed to transfer $125,000 from the
General Fund Contingency Account to Building Department Miscellaneous Professional
Services Account (001 36 107490) to provide this funding therefore;
Ill
Ill
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PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City
Council held on the 20 th day of October , 1998, by the
following vote, to wit:
AYES: Council Members Lewis, Nygaard, Finnila, Kulchin and Hall
NOES: None
ABSENT: None
ATTEST:
n ;i4 I. (A- -
ALETHA L. RAUTENKRANZ, City Clerk \
-2-
AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT is made and entered into as of the 18th day of
September , I9 93 , by and between the CITY OF CARLSBAD, a municipal
corporation, hereinafter referred to as "City'l, and KLEINFELDER, INC., a corporation,
hereinafter referred to as "Contractor."
RECITALS
City requires the services of a an inspection services Contractor to provide the
necessary inspection services for construction projects within the City; and Contractor
possesses the necessary skills and qualifications to provide the services required by
the City; 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. CONTRACTOR'S OBLIGATIONS
Contractor shall provide inspection services for various projects being
constructed on an as-needed basis and as directed by the Principal Building Inspector
or designated representatives. Building Inspector(s) provided by the Contractor shall
be equipped with his or her own vehicles for use during the course of employment.
-1- rev. 711 I98
2. CITY OBLIGATIONS
The City shall supply the Contractor with plans and specifications or other
available information within City records that may be necessary for the Contractor to
perform the requested inspection services for each site.
The City shall determine the scope of work to be performed including the number
and location of inspections to be performed.
3. PROGRESS AND COMPLETION
The work under this contract will commence immediately after execution of the
contract.
4. FEES TO BE PAID TO CONTRACTOR
The total fee payable for the services to be performed shall be $125,000 based
upon the number of hours worked by the Contractor. No other compensation for
services will be allowed except those items covered by supplemental agreements per
Paragraph 7, "Changes in Work ".
Incremental payments, if applicable, should be made as outlined in attached
Exhibit "A."
5. DURATION OF CONTRACT
This agreement shall extend for a period of one year from date thereof. The
contract may be extended by the City Manager for three additional one (1) year periods
or parts thereof, based upon a review of satisfactory performance and the City's needs.
-2- rev. 7/1/98
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 City 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 City 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.
8. COVENANTS AGAINST CONTINGENT FEES
The Contractor warrants that their firm has not employed or retained any
company or person, 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,
-3- rev. 7/1/98
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.
IO. TERMINATION OF CONTRACT
This agreement may be terminated by either pa'rty 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 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. CLAIMS AND LAWSUITS
The Contractor agrees that any contract claim submitted to the City must be
asserted as part of the contract process as set forth in this agreement and not in
anticipation of litigation or in conjunction with litigation. The Contractor acknowledges
-4- rev. 7/1/98
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 et sea, the False Claims Act, 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 falsity of information. If the City 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 City project 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. CJK, (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. + (Initial)
12. 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
-5- rev. 711 198
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 its employees or subcontractors. The City
shall not be required to pay any workers' compensation insurance or unemployment
contributions on behalf of the Contractor or its employees or subcontractors. The
Contractor agrees to indemnify the City 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.
-6- rev. 7/1/98
13. CONFORMITY TO LEGAL REQUIREMENTS
The Contractor shall cause all final reports 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.
Contractor agrees to allow City or its designated representative to monitor, audit,
review, and examine the methods, procedures, and results of Contractor.
14. OWNERSHIP OF DOCUMENTS
All plans, studies, sketches, drawings, reports, and specifications 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 City.
Contractor shall have the right to make one (1) copy of the plans for its records.
15. REPRODUCTION RIGHTS
The Contractor agrees that all copyrights which arise from creation of the work
pursuant to this contract shatl be vested in City and hereby agrees to relinquish all
claims to such copyrights in favor of City.
16. 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
-7- rev. 7/1 I98
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
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. Contractor's indemnification of City shall not be limited by any prior or
subsequent declaration by the contractor.
17. 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 City.
-8- rev. 7/1/98
18. SUBCONTRACTING
If the Contractor shall subcontract any of the work to be performed under this
contract by the Contractor, Contractor shall be fully responsible to the City for the acts
and omissions of Contractor's 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.
19. PROHIBITED INTEREST
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
this contract or in any part thereof. No officer or employee of the City who is authorized
in such capacity and on behalf of the City 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.
-9- rev. 711 I98
20. 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.
21. SUCCESSORS OR ASSIGNS
Subject to the provisions of Paragraph 16, “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.
22. EFFECTIVE DATE
This agreement shall be effective on and from the day and year first written
above.
23. CONFLICT OF INTEREST
The Contractor shall file a conflict of interest statement with the City Clerk in
accordance with the requirements of the City’s conflict of interest code incorporating
Fair Political Practices Commission Regulation 18700 as it defines “consultant.” The
disclosure category shall be categories C1, C2, G.
-10- rev. 7/1/98
24. INSURANCE
The Contractor shall obtain and m aintai n for the duratio n 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, its 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. 91-403.
A. Coveraqes 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 City
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 Liability (if the use of an automobile is involved for
contractor's work for the City). $1,000,000 combined single-limit per accident for bodily
injury and property damage.
- 11 - rev. 711 198
3. Workers' Compensation and Employer's Liability. Workers'
Compensation limits as required by the Labor Code of the State of California and
Employer's Liability limits of $1,000,000 per accident for bodily injury.
4. Professional Liability. Errors and omissions liability appropriate to
the contractor's profession with limits of not less than $1,000,000 per claim. Coverage
shall be maintained for a period of five years following the date of completion of the
work.
B. Additional Provisions.
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 Liability.
2. The contractor shall furnish certificates of insurance to the City
e 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
-12- rev. 7/1/98
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 City to obtain or maintain such insurance
and the City may collect the same from the contractor or deduct the amount paid from
any sums due the contractor under this agreement.
25. 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: For Contractor:
Title Principal Buildinq Inspector
Name Patrick Kellev Name ~ohn Moossazadeh
Address 2075 Las Palmas Drive Address 9555 Chesapeake Dr., #lo1
Carlsbad. CA 92009 San Diego, CA 92123
26. BUSINESS LICENSE
Contractor shall obtain and maintain a City of Carlsbad Business License for the
duration of the contract.
27. 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
-13- rev. 7/1/98
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 18th
CONTRACTOR:
!CTXIXTELDER, INC .
(name of Contractor)
By:
John MoossAa&h,&ice Presided
By:
(print nameltitle)
ATTEST: -
City Clerk
(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 City Attorney
BY C Assistant City Attfley
-14- rev. 7/1/98
0 personally known to me
proved to me on the basis of satisfactory evidence
to be the person@) whose name(s) idare 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@) on the instrument the
person@), or the entity upon behalf of which the person@)
acted, executed the instrument.
WITNESS my hand and official seal.
t
Signature of Notary Public MONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
I Title or Type of Document:
Document Date: Number of Pages:
I Signer@) Other Than Named Above:
Capacity(ies) Claimed by Signer@)
Signer's Name:
0 Individual
0 Corporate Officer
Title@):
0 Partner - Limited 0 General 0 Attorney-in-Fact
0 Trustee I
0 Guardian or Conservator
I II Signer Is Representing:
Signer's Name:
0 Individual
0 Corporate Officer
Title@):
0 Partner - 0 Limited 0 General 0 Attorney-in-Fact
0 Trustee- 0 Guardian or Conservator
0 Other:
I I
Signer Is Representing:
I I
0 1996 National Noiary Association 8236 Rernrnet Ave., P.O. Box 7184 - Canoga Park. CA91309-7184 Prod. No. 5907 Reorder: Cali Tdl-Free 1-800-676-6827
AcLnow LLgment Witness of Attesting a Signature
State of Nevada
w personally known to me
-0R-
proved to me on the basis of satisfactory evidence to be the person@) whose name@) idare subscribed to the
within instrument and acknowledged to me that hdshelthey executed the same in hisher/their authorized
capacity(ies), and that by hishedtheir signature(s) on the instrument the person@), or the entity upon behalf
of which the person(s) acted, executed the instrument.
October 29,1998
Kleinfelder, Inc.
John Mossazadeh, Vice President
9555 Chesapeake Dr., #IO1
San Diego, CA 92123
RE: AGREEMENT FOR PROFESSIONAL SERVICES
Enclosed for your records are copies of Carlsbad City Council Agenda Bill No. 14,899
and Resolution No. 98-346. These documents were approved by Council on October
20,1998. Also enclosed is one fully executed original agreement for the above
referenced project.
In accordance with Section 24 of enclosed agreement, you are required to file a Conflict
of Interest Statement with the Carlsbad City Clerk. Anyone in the company who is
working on this City project must file a Form 700, Statement of Economic Interests, and
must report all Disclosure Categories which includes 1, 2, 3, and 4.
Enclosed for your use are the following documents:
1. Form 700 1997-1998 Statement of Economic Interests
2. Amended Appendix to the Local Conflict of Interest Code
3. Limitations and other Restrictions on Gifts, Honoraria, Travel and Loans
You may make as many copies of these documents as you need.
Your completed Assumina Office Statement is due in the Citv Clerk’s Office no
later than 500 PM on PIIwm-.BCR 19. ! qq8
If vou have auestions reaardina this process. please call Karen Kundtz. Assistant City
Clerk. at (760) 434-291 7.
KATHLEEN D. SHOUP
Sr. Office Specialist
1200 Carlsbad Village Drive * Carlsbad, CA 92008-1 989 * (760) 434-2808 @