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HomeMy WebLinkAbout2000-01-11; City Council; 15563; Agreement For Consultant Inspection ServicesL ( 1 .P.. A Cl-W OF CARLSBAD - AGENDA BILL A e-l%% AB# /by S63 TITLE* -‘APPROVAL OF AN AGREEMENT FOR AS NEEDED MTG. l/l l/O0 CONSULTANT INSPECTION SERVICES DEPT. ENG RECOMMENDED ACTION: Adopt Resolution No. 2000 -/( approving an agreement with Aufbau Corporation for as- needed inspection services. ITEM EXPLANATION: With the considerable level of development occurring throughout the City, and the aggressive capital projects program that is currently underway, the Public Works Engineering Department is experiencing a shortage of qualified staff to inspect projects. The execution of the Aufbau Corporation contract will provide the City with the ability to appropriately staff projects including the upcoming Faraday Avenue Extension, as well as additional projects on an as needed basis. The City currently has four consulting firms under contract to provide “as-needed” construction management and inspection services. Even with four firms under contract, the City experiences difficulty in finding qualified consultant help. After canvassing these consulting firms it became apparent that they could not readily provide a person with qualifications appropriate for the upcoming Faraday Avenue Project. Aufbau Corporation has such a person. Therefore, the addition of Aufbau Corporation provides an additional resource for obtaining these services. “As-needed” services are only used when needed and are typically budgeted for via capital projects award agenda bills and resolutions, or specifically included in the Engineering Department Operating Budget. Having consulting firms on annual contract keeps the City from having to perform individual recruitments for each project. The Aufbau Corporation contract should be in an amount not to exceed $200,000. FISCAL IMPACT: Costs for services for the Faraday Project will be budgeted for from funds in the Capital Project 3 Construction account via the award Agenda Bill and Resolution for that project. s E EXHIBITS: 2 1. Location Map. 2. Resolution No. &!oOa -/I approving an Agreement with Aufbau Corporation for inspection services for the Faraday Avenue Extension project and other projects on an “as- p needed” basis. 2 3. Agreement for Consultant Inspection Services with Aufbau Corporation. EXHIBIT 1 NOT TO SCALE PROJECT NAME FARADAY AVENUE EXISTING PROJECT EXHIBIT WESTERLY TERMINUS TO FUTURE CANNON ROAD ‘;;;y 1 WN By. SCOTT CVANS, CARLSBAD ENGlNttHlNG DEPT 2 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 ia 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2000-l 1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT BETWEEN THE CITY OF CARLSBAD AND AUFBAU CORPORATION FOR AS-NEEDED INSPECTION SERVICES. WHEREAS, the City Council of the City of Carlsbad has determined it necessary, desirable and in the public interest to provide inspection services as an element of the construction process for Captial Projects and other projects as needed; and WHEREAS, consultant firms currently providing inspection services to the City have been solicited to perform inspection services for the Faraday Avenue Project; and WHEREAS, these consulting firms lacked readily available staff to perform the required services; and WHEREAS, Aufbau Corporation has qualified personnel with the necessary skills to provide these services, and WHEREAS, a mutually satisfactory cost for the services has been negotiated; and WHEREAS, funds for inspection services are available in the Faraday Avenue construction 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 between the City and Aufbau Corporation is approved and the Mayor is authorized to execute it and the City Clerk shall attest to its execution. I// III Ill I// tit I// Ill Ill II/ Ill 1 3. That the purchasing Officer is hereby authorized and directed to issue purchase 2 orders as appropriate to pay for services performed under the agreement with Aufbau 3 Corporation. 4 PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 11th day of JANUARY , 2000 by the following vote, to wit: 5 AYES: Council Members Lewis, Hall, Finnila, Nygaard, Kulchin 6 NOES: None 7 a 11 ATTEST: ia 23 24 26 27 28 (SEAL) AGREEMENT FOR AS-NEEDED CONSULTANT CONSTRUCTION INSPECTION SERVICES THIS AGREEMENT is made and entered into as of the 18th day of JANUARY , 2000, by and between the CITY OF CARLSBAD, a municipal corporation, hereinafter referred to as “City”, and AUFBAU CORPORATION, a California corporation, hereinafter referred to as “Contractor.” RFCITALS City requires the services of a Construction Inspection Contractor to provide the necessary consultant inspection services on an as-needed basis; 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. I CONTRACTOR S OBLIGATIONS Contractor shall provide construction inspection services on an “as-needed” basis satisfactory to the City. The Public Works Manager shall determine the consultant personnel classification to be used from Exhibit ‘A” and approve all personnel providing these services. 2. - A. 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 inspections. rev. 2/26/99 -1 - . ’ . 3. PROGRESS AND COMPLETION The work under this contract will be performed on an as-needed basis as directed by the City. 4. FEES TO BE PAID TO CONTRACTOR Fees will be paid monthly based on approved hours worked for each personnel classification used in Exhibit “A”. No other compensation for services will be allowed except those items covered by supplemental agreements per Paragraph 8, Changes in Work. The annual “not-to-exceed” amount for anticipated services shall be $200,000. 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. FINAL SUBMISSIONS Within ten (10) days of completion and approval of any project, the Contractor shall deliver to the City the following items: All records, documents and files relating to the inspection of projects assigned the Contractor. -2 - rev. 2/26/99 - 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, 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 five (5) working days to deliver said documents owned by the City and all work in progress to the City. The City 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 reported to the City Manager, the Manager shall determine the final payment of the contract. -3 - rev. 2126199 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. 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 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 public work or improvement for a period of up to five years. The Contractor acknowledges debarment -4 - rev. 2/26/99 by another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor from the selection process. A/&& (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. A&(lnitial) 12. JURISDICTION The Contractor agrees and hereby stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this agreement is San Diego County, California. 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 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’ rev. U26199 -5 - 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. 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 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. 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 attorneys fees arising out of the performance of the -6 - rev. 2/26/99 work described herein caused 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. 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. 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 rev. 2/26/99 -7 - similar functions in connection with the performance of this contract shall become directly or indirectly interested personally in this contract or any part thereof. 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 17, “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 A consultant. The disclosure category shall be all categories. rev. 2/26/99 -8 - 24. 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. 91-403. 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 City Manager: 1. Comprehensive General Liability Insurance. $1 ,OOO,OOO 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 ,OOO,OOO combined single-limit per accident for bodily injury and property damage. 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 ,OOO,OOO per accident for bodily injury. -9 - rev. 2/26/99 - -. 4. Professional Liability. Errors and omissions liability appropriate to the contractor’s profession with limits of not less than $1 ,OOO,OOO 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 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 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. -10 - rev. 2/26/99 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: Title Name Address Public Works Manager Richard E. Cook City of Carlsbad 2075 Las Palmas Drive Carlsbad, CA 92009-I 576 For Contractor: Title Name Address President Vartan Vartanians 660 Baker Street, Suite 405 Costa Mesa, CA 92626 Architect/License Number: Architect/License Number: 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 be amended, modified, waived or discharged except by an instrument in Ill Ill Ill I// I// -11 - rev. 2126199 -. writing executed by the party against which enforcement of such amendment, waiver or discharge is sought. Executed by Contractor this * day of 6>9 CONTRACTOR: AUFBAU CORPORATION, a California corporation By: (sign here) -b&h7 Lh (print name/title) -a ATTEST: A By: (sign here) (print name/title) E;THA L. RAUTENKRANZ City Clerk LORRAINE M. WOOD, City Clerk (Proper notarial acknowledgment of execution by must be attached. Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant treasurer must sign for corporations. 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: RONALD R. BALL -12 - rev. 2/26/99 - State of California County of San Diego > ss. On 17!7!l./j~ , before me, B~lw R- VNntarv Ptrhlir I Name and Title of Officer (e.g., ‘Jane Db. Notary Public”) personally appeared Vartan Vartanians Name(s) of Signer(s) [K1 personally known to me 0 proved to me on the basis of satisfactory evidence REWJDA R. GLJAMN 3 -11126619 Place Notary Seal Above acknowledged to me the entity upon behalf of which th acted, executed the instrument. WITNESS mv hand and official seal. I I Signature of Notary P$li& OPTIONAL 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 TitleorTypeofDocument: Agreement for As-Needed Consultant Construction Inspection Services. Document Date: 12/29/99 Signer(s) Other Than Named Above: None Capacity(ies) Claimed by Signer Signer’sName: Vartan Vartanians 0 Individual Q Corporate Officer - Title(s): President. 0 Partner - 0 Limited 0 General 0 Attorney in Fact 0 Trustee q Guardian or Conservator q Other: Signer Is Representing: Top of thumb here 0 1997 National Notary Assoaation - 9350 De Solo Ave.. P.0 Box 2402 * Chatsworth. CA 91313-2402 Prod No. 5907 Reorder: Call Toll-Free l-800-876-6827 - EXHIBIT “A” AUFBAU CORPORATION FEE SCHEDULE RATE SCHEDULE FOR PROFESSIONAL SERVICES This rate schedule is for professional services provided on an as-needed hourly rate. Classification Hourlv Rates* Senior Inspector $61 .OO Inspector $57.00 *Includes cellular phone, lap top computer, vehicle, and over-time rates. RESOLU’J’JON OF TtJE BOARD OF DJREC’J’OKS OF AUFBAU CORPORA’J’JON WHEREAS Vartan Val’tarlians is the sole officer, director, and shareholdtx of AuOxtu Corporaliull; and WHERAS [he corporation wishes to enter into cor~racts and to conduct its day 10 day ~ business; NOW ‘I’JIEREFORE, BE 11‘ RESOLVED that Vartall Xartanians is [he sole ~LXSOI~ authorized to sign contracts which would bind or otherwise obligate or benefit lhe corporatiorr and all such contracts entered into on behalf of Autbau Corporaliou shall require only Vartan Vartaniaus’ signature. By: Vartan Vartanians, President