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HomeMy WebLinkAbout2001-07-24; City Council; 16281; Agmt. for Engineering & Environmental ServicesCITY OF CARLSBAD -AGENDA BILL AB# 1 id,381 TITLE: APPROVAL OF AN AGREEMENT FOR MTG. 7124101 PROFESSIONAL ENGINEERING AND ENVIRONMENTAL SERVICES WITH D-MAX ENGINEERING DEPT. PWENG CITY MGR. RECOMMENDED ACTION: Adopt Resolution No. &o 1~ a/3 approving an agreement with D-Max Engineering, Incorporated, a California corporation, to provide professional engineering and environmental consulting services. ITEM EXPLANATION: The Public Works Department contracts with private consulting engineering and environmental firms to obtain management and professional engineering services to facilitate the timely completion of projects and tasks as required by NPDES Order No. 2001-01 issued by the San Diego Regional Water Quality Control Board on February 21, 2001. To reduce the time required to award professional services, staff is requesting approval of an as-needed master agreement for engineering and environmental services related to storm water protection and NPDES Order compliance. The as-needed master agreement can be used to secure services for a number of relatively small projects and thereby shorten the time required to complete these projects. The selection of D-Max Engineering is based on the consultant’s expertise in the tasks and services needed and past experience working with the City on these projects. Staff believes the consultant to be the best qualified as a result of: knowledge and experience with NPDES Order No. 2001-01 requirements, existing knowledge of storm water protection activities in the City of Carlsbad, experience performing these tasks on prior occasions and with neighboring cities, and the reliable and competent performance demonstrated in previous contracts. Staff believes that by contracting with this firm, as the primary consultant for NPDES compliance, the City will have the added benefits of uniformity, consistency, and coordination with regulations and compliance; and a watershed approach to problem solving storm water issues. A master agreement with D-Max Engineering will provide continuity in work to be accomplished, timely and thorough work products, and minimize staff time to update the consultant on the tasks or projects that may be commissioned under this master agreement. For these reasons, the Purchasing Officer has waived the requirement for multiple proposals. Typical tasks or services would include project research, project management, development of standard operating procedures, review of pollution prevention and source control practices, recommendations for improvement of storm water protection, data compilation and management, database development guidance, regulatory report preparation, dry weather monitoring services, and special investigations of illegal discharges and illicit connections. Tasks or services under this master agreement for professional engineering and environmental services will be established by the Public Works Director and authorized as services are required. Fees will be paid from Storm Water Protection Program funds as work is completed by the consultant. The master agreement will be for a one-year period ending on June 30, 2002, to coincide with the fiscal year. The City Manager may extend the master agreement for three consecutive one-year periods based on the City’s need, satisfactory performance by the consultant and appropriation of funds by the City Council. I Page 2 of Agenda Bill No. 16 ! 28 1 FISCAL IMPACT: The maximum combined cost for professional engineering and environmental services pursuant to this agreement will be charged to the Storm Water Protection Program as part of the available funding. The maximum amount payable to the consultant for any one fiscal year under the agreement will not exceed $150,000. EXHIBITS: 1. Resolution No. soo/ -3/ 3 approving the agreement with D-Max Engineering, Incorporated, for professional engineering and environmental services. 2. Agreement with D-Max Engineering, Incorporated, a California corporation, for professional engineering and environmental services. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2001-213 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT WITH D-MAX ENGINEERING, INC., A CALIFORNIA CORPORATION, FOR PROFESSIONAL ENGINEERING AND ENVIRONMENTAL SERVICES. WHEREAS, the City Council of the City of Carlsbad, California has reviewed and determined the need for the utilization of engineering and environmental consultant services on an ongoing, as-needed basis in order to facilitate compliance with NPDES Order 2001-01 requirements and maintain service levels; and WHEREAS, the City Council has further determined D-Max Engineering, Incorporated, as having the necessary skills to fulfil1 the City’s need for professional engineering and environmental services; and WHEREAS, the City Council has further determined that D-Max Engineering, Incorporated, is uniquely qualified to provide professional engineering and environmental services because of their experience with City policy and procedures; and WHEREAS, the City Council recognizes the need to maintain the continuity of work performed by D-Max Engineering, Incorporated, to provide professional engineering and environmental services; and WHEREAS, there are sufficient funds appropriated for the engineering and environmental services in 2001-2002; and WHEREAS, funds required for any of the three annual extensions are subject to appropriation of funds by City Council; and WHEREAS, the Purchasing Officer has waived the requirement for multiple proposals. 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 with D-Max Engineering, Incorporated, for professional engineering and environmental services, a copy of which is attached, is hereby approved. 1 2 3 4 5 6 7 8 9 10 11 16 17 18 19 20 21 22 23 24 25 26 27 28 3. That the City Manager is hereby authorized to execute the Agreement with D-Max Engineering, Incorporated. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 24th day of July , 2001 by the following vote, to Nit: AYES: Council Members Lewis, Kulchin, Finnila, Nygaard, and Hall. Page 2 of 2 of Resolution No. 2001-213 (SEAL) MASTER AGREEMENT FOR THIS AGREEMENT is made and entered into as of the 277% day of + 20&, by and between the CITY OF CARLSBAD, a municipal corporation, hereinafter referred to as “City”, and D-Max Engineering, Inc., a California corporation, hereinafter referred to as “Contractor.” RECITALS City requires the services of a professional engineering and environmental consulting Contractor to provide the necessary studies, reports, cost estimates and general engineering services for preparation of various engineering projects on a non- exclusive, project by-project 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. CONTRACTOR’S OBLIGATIONS The Contractor’s obligations with respect to any project granted to Contractor under this agreement shall be as specified in the Task Description for the project (see paragraph 4 below). -1 - 1/09/o 1 2. CITY OBLIGATIONS The City’s obligations with respect to any project granted to Contractor under this agreement shall be as specified in the Task Description for the project (see paragraph 4 below). 3. PROGRESS AND COMPLETION The work for any project granted to Contractor under this contract will begin within ten (10) days after receipt of notification to proceed by the City and be completed within the time specified in the Task Description for the project (see paragraph 4 below). Extensions of time may be granted if requested by the Contractor and agreed to in writing by the Public Works Director or Deputy City Engineer, as his designee. The Public Works Director or Deputy City Engineer, as his designee 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. FEES TO BE PAID TO CONTRACTOR The total fee payable for the services to be performed shall be determined on a project-by-project basis and shall be based on the Contractor’s Schedule of Rates attached hereto as Exhibit “A”. Prior to initiation of any project work by the Contractor, the City shall prepare a Project Task Description and Fee Allotment (the “Task Description”) which, upon signature by the Contractor and for City, the City Manager, or Public Works Director, as his designee, shall be considered a part of this Agreement. The Task Description shall include a detailed scope of services for the particular project being considered and a statement of the Contractor’s fee to complete the project in -2 - l/09/01 accordance with the specified scope of services. The Task Description shall also include a description of the method of payment and shall be based upon an hourly rate, percentage of project complete, completion of specific project tasks or a combination thereof. The cumulative total for all projects allowed pursuant to this Agreement shall not exceed one hundred fifty thousand ($150,000) dollars per fiscal year. 5. DURATION OF CONTRACT This Agreement shall extend from the date first written above to June 30, 2002. The City Manager may amend the Agreement to extend it for three (3) additional one (1) year periods or parts thereof in an amount not-to-exceed one hundred fifty thousand ($150,000) dollars per fiscal year, subject to the appropriation of funds by the City Council. Extensions shall be based upon a satisfactory review of Contractor’s performance; City needs, and; appropriation of funds by the City Council. The parties shall prepare a written amendment indicating the effective date and length of the extended Agreement. 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 The final submissions for each project performed by the Contractor shall be specified in the Task Description for the project (see paragraph 4 above). -3 - l/09/01 a. CHANGES IN WORK If, in the course of a project or 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 a project or the contract is warranted, the Contractor or the City may request a change in the project or the 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. 9. 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. -4 - 1/09/o 1 10. ANTI-DISCRIMINATION AND ANTI-HARASSMENT CLAUSE The Contractor shall comply with all applicable state and federal laws and regulations prohibiting discrimination and harassment. 11. 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 Public Works Director or Deputy City Engineer, as his designee. The Public Works Director 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. 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. -5 - l/09/0 1 12. 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 seq., 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 by another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor from the selection process. 4 d(lnitial) 0. d (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. fiz.d (Initial) -6 - l/09/01 13. 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. 14. STATUS OF THE CONTRACTOR The Contractor shall perform the services provided for herein in Contractor% 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’ 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. -7 - l/09/01 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. 15. 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. 16. 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. 17. REPRODUCTION RIGHTS The Contractor agrees that all copyrights which arise from creation of the work pursuant to this contract shall be vested in City and hereby agrees to relinquish all claims to such copyrights in favor of City. -8 - l/09/0 1 18. HOLD HARMLESS AGREEMENT Contractor agrees to indemnify and hold harmless the City of Cartsbad 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 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. 19. 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. 20. 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 Civ 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. -9 - l/09/01 21. 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. 22. 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. 23. 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. 24. EFFECTIVE DATE This agreement shall be effective on and from the day and year first written above. -10 - l/09/01 25. CONFLICT OF INTEREST 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 responsibility. 26. 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-Y and shall meet the City’s policy for insurance as stated in Resolution No. 91-403. -11 - 1/09101 A. Coverages 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. 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. -12 - 1109101 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 3 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. -13 - l/O9101 27. 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 Address For Contractor: Title Name Address 20. Architect/License Number: Architect/License Number: BUSINESS LICENSE Public Works Director 1635 Faraday Avenue Carlsbad CA 92008 President Arsalan Dadkhah - 8380 Miramar Mall Road, Suite 222 San Dieno CA 92121 Contractor shall obtain and maintain a City of Carlsbad Business License for the duration of the contract. 29. ENTIRE AGREEMENT This agreement, together with any other written document referred to or contemplated herein, along with the purchase order for this contract and its provisions, embody the entire agreement and understanding between the parties relating to the subject matter hereof. In case of conflict, the terms of the agreement supersede the purchase order. Neither this agreement nor any provision hereof may be amended, -14 - I /09/o 1 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 2-3 day of ,j&ne ,2Oc3/. CONTRACTOR: D-Max Engineering, Inc. (name of Contractor) By: CITY OF CARLSBAD, a municipal (print name/tit1 ATTEST: By: & (s*e) (Proper notarial acknowledgment of execution by Contractor must be attached. If a corporation, document must be signed by one from each column: Column A Chairman, president or vice-president Column E3 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.) CITY OF CARLSBAD, a municipal corporation of the State of California APPROVED AS TO FORM: LL, City Attorney G3;3- Deputy &ity Attorney -15 - 1/09/o 1 State of California County of 52, II& 11 > SS. On %UC zt 200 1 , before me, &vv\e~ M c ( 1 I ’ 3 Name and Ttle of Mficer (e.g., ‘Jane Doe, Notary Public”) personally appeared ~p~o,\anJ D.qj \;L\& , Name(s) of Signer(s) 0 personally known to me &proved to me on the basis of satisfactory evidence to be the person@!) whose name I%r is/m subscribed to the within instrument and acknowledged to me that he/-executed the same in his/he&he+ authorized capacity&+ and that by hislh&#ei+ signaturep? on the instrument the person($), or the entity upon behalf of which the person@ acted, executed the instrument. WITNESS mv hand and official seal. Place Notary Seal Above Signature of Notary Public 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 Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer’s Name: 0 Individual 0 Corporate Officer - Title(s): 0 Partner - 0 Limited q General q Attorney in Fact 0 Trustee 0 Guardian or Conservator q Other: Signer Is Representing: Top of thumb here 0 1999 National Notary Associalion - 9350 De Solo Ave., P.O. Box 2402 * Chatswwth. CA 91313.2402 l wwnationalnotaryorg Prod. No 5907 Reorder: Call Toll-Free l-800-876-6827 87/86/2681 14: 29 6194559978 D-MAX PAGE eli! Exhibit A SCHEDULE OF FEES January 1,200l This Schedule of Fnr will be adJusted pcriodicrlly. The ntw fee schedule will apply to all l xirtin~ l d new work. LABOR Classification Clerk* Word Processor* Drafter* Technician* Senior Technician* Staff Project Senior Principal Hourlv Rate % 40 45 55 5s 65 7s 95 105 120 Overtime (in excess of 8 hours per day) and weekend hours will be charged at 1.5 times the above rates for non-exempt personnel (identified with an asterisk “)I*‘). Field and hourly services will be charged portal to portal from our offtce, with a two-hour minimum. Appearance as export witnesses at court trials, mediation, arbitration hearings and depositions wiil be charged at $2OO/bour. Time spent preparing for such appearances will be charged at the above standard hourly rates. Charges for subcontract personnel will be made according to the corresponding standard hourly rates listed above. OTHER CHARGES Subcontracted services, such as subconsultants, outside testing, drilling, and suwyors, will be charged at cost plus 15%. Other project-specific costs, such as rentals, expendable or special supplies, special project insurance, permits and licenses, shipping, subsistence, tolls and parking; outside copying/printing, etc., will be charged at cost plus 15%. Client will be responsible for any applicable taxes in addition to the fees due for Services. 3 The mileage charge for personal vehicles used on projects will * the cunent rate as established by the Internal Revenue Service. CompanyioTed vehicles will be charged at a rate of $6 per hour (subject to a 4-hour minimum), plus $0.40 per mile. C:\FORMS\FEE SCHEDULE 2000 SF-1 ‘.‘. 1. ., ;. ::..