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HomeMy WebLinkAboutDHK Engineers Inc; 2021-02-22; PSA21-1386UTILPSA21-1386UTIL City Attorney Approved Version 6/12/18 1 AGREEMENT FOR AIR POLLUTION CONTROL DISTRICT (APCD) SUPPORT ACTIVITIES AND CONSULTING SERVICES DHK ENGINEERS, INC. THIS AGREEMENT is made and entered into as of the ______________ day of ___________________, 2021, by and between the City of Carlsbad, a municipal corporation, ("City"), and Mann.King: Engineers, Inc., a California corporation dba DHK Engineers, Inc., ("Contractor”). RECITALS City requires the professional services of a consultant that is experienced in APCD permitting support and consulting services. Contractor has the necessary experience in providing these professional services, has submitted a proposal to City and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (the “Services”) that are defined in Exhibit “A”, attached and incorporated by this reference in accordance with the terms and conditions set forth in this Agreement. 2. TERM This Agreement will be effective for a period of two (2) years from the date first above written. The City Manager may amend the Agreement to extend it for two (2) additional one (1) year periods or parts thereof. Extensions will be based upon a satisfactory review of Contractor's performance, City needs, and appropriation of funds by the City Council. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. 3. COMPENSATION The total fee payable for the Services to be performed will be nine thousand four hundred fifty dollars ($9,450). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or the Services specified in Exhibit “A.” 4. STATUS OF CONTRACTOR Contractor will perform the Services as an independent contractor and in pursuit of Contractor’s independent calling, and not as an employee of City. Contractor will be under the control of City only as to the results to be accomplished. 5. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorney’s fees arising out of the performance of the work described herein caused by any negligence, recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, attorney’s fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City’s self-administered workers’ DocuSign Envelope ID: 3FDE64D4-DE25-468F-AE87-A4D9B37D23B7 22nd February PSA21-1386UTIL City Attorney Approved Version 6/12/18 2 compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. 6. INSURANCE Contractor will obtain and maintain policies of commercial general liability insurance, automobile liability insurance, a combined policy of workers' compensation, employers liability insurance, and professional liability insurance from an insurance company authorized to transact the business of insurance in the State of California which has a current Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer on the State of California’s List of Approved Surplus Line Insurers (LASLI) with a rating in the latest Best’s Key Rating Guide of at least “A:X”; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report, in an amount of not less than one million dollars ($1,000,000) each, unless otherwise authorized and approved by the Risk Manager or the City Manager. Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims- made coverage. The insurance will be in force during the life of this Agreement and will not be canceled without thirty (30) days prior written notice to the City by certified mail. City will be named as an additional insured on General Liability which shall provide primary coverage to the City. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. Contractor will furnish certificates of insurance to the Contract Department, with endorsements to City prior to City’s execution of this Agreement. 7. NOTICES The name of the persons who are authorized to give written notice or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. For City For Contractor Name Don Wasko Name Don King Title Project Manager Title Project Manager Department Public Works Address 1851 Skyhill Place City of Carlsbad Escondido, CA 92026 Address 5950 El Camino Real Phone No. 760-747-9553 Carlsbad, CA 92008 Email dhkeng1@sbcglobal.net Phone No. 760-603-7338 Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. 8. CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report investments or interests in all categories. Yes ☒ No ☐ DocuSign Envelope ID: 3FDE64D4-DE25-468F-AE87-A4D9B37D23B7 PSA21-1386UTIL City Attorney Approved Version 6/12/18 3 9. COMPLIANCE WITH LAWS Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment and will obtain and maintain a City of Carlsbad Business License for the term of this Agreement. 10. TERMINATION City or Contractor may terminate this Agreement at any time after a discussion, and written notice to the other party. City will pay Contractor's costs for services delivered up to the time of termination, if the services have been delivered in accordance with the Agreement. 11. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees it may be subject to civil penalties for the filing of false claims as set forth in the California False Claims Act, Government Code sections 12650, et seq., and Carlsbad Municipal Code Sections 3.32.025, et seq. Contractor further acknowledges that debarment by another jurisdiction is grounds for the City of Carlsbad to terminate this Agreement. 12. JURISDICTIONS AND VENUE Contractor agrees and stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this Agreement is the State Superior Court, San Diego County, California. 13. ASSIGNMENT Contractor may assign neither this Agreement nor any part of it, nor any monies due or to become due under it, without the prior written consent of City. 14. AMENDMENTS This Agreement may be amended by mutual consent of City and Contractor. Any amendment will be in writing, signed by both parties, with a statement of estimated changes in charges or time schedule. /// /// /// /// /// /// /// /// /// /// DocuSign Envelope ID: 3FDE64D4-DE25-468F-AE87-A4D9B37D23B7 PSA21-1386UTIL City Attorney Approved Version 6/12/18 4 15. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. CONTRACTOR MANN.KING: ENGINEERS, INC., a California corporation dba DHK ENGINEERS, INC. CITY OF CARLSBAD, a municipal corporation of the State of California By: By: (sign here) Vicki V. Quiram, Utilities Director as authorized by the City Manager Donald Harvey King, President (print name/title) By: (sign here) Kathleen Mary King, CFO (print name/title) If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups: Group A. Group B. Chairman, Secretary, President, or Assistant Secretary, Vice-President CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, City Attorney By: Assistant City Attorney DocuSign Envelope ID: 3FDE64D4-DE25-468F-AE87-A4D9B37D23B7 PSA21-1386UTIL City Attorney Approved Version 6/12/18 5 EXHIBIT “A” SCOPE OF SERVICES DocuSign Envelope ID: 3FDE64D4-DE25-468F-AE87-A4D9B37D23B7 DHK Engineers, Inc. 1851 Skyhill Place Escondido, CA 92026 (760) 747-9553 January 15, 2021 Don Wasko City of Carlsbad Public Works Division 5950 El Camino Real Carlsbad, CA 92008-8802 RE: City of Carlsbad – SDAPCD Support Activities and Associated Tasks Dear Mr. Wasko: In response to your request and follow-up to our conversation, DHK Engineers (DHK) is please to provide a SCOPE OF WORK for the City of Carlsbad – San Diego AirPollution Control Board. Based on our discussion, CMWD and the City of Carlsbad would DHK Engineers to continue or As-Needed Support services including assisting in SDAPCD communication and technical issues, APCD Title V, Air Toxic and New Source Review Updates and provide an in-house “Understanding Air Regulations and APCD”. We appreciate the opportunity to assist your efforts and we look forward to working with you and your staff on this project. Very truly yours, DHK Engineers, Inc. Donald H. King, P.E. Project Manger DHK;sky: Attachment: Scope and estimated fees EXHIBIT "A"DocuSign Envelope ID: 3FDE64D4-DE25-468F-AE87-A4D9B37D23B7 DHK Engineers, Inc. 1851 Skyhill Place Escondido, CA 92026 (760) 747-9553 I.SCOPE OF WORK/ MANHOURS/FEE Task 1: Support Services for APCD Communication and APCD Inspection Response Issues DHK will provide support services to assist in the responses and strategic planning of compliance issues arising from APCD Inspections and New Rule Impacts. Estimated level of effort (as needed): 20 staff hours @ $175= $3,500 Task 2: APCD Rule Review and Update Seminar DHK will attend a Title V and New Source Review Rule 20 seminar and provide a short letter report providing near and long-term impacts of rule adjustments. Estimated level of effort: 6 staff hours @ $175= $1,050 Task 3: Air Regulation and APCD Interaction Workshop DHK will prepare and provide a 1-hour workshop focused on the applicable air regulations for City of Carlsbad, new project strategies, on-going compliance efforts and APCD Inspector’s perspective. Estimated level of effort: 8 staff hours @ $175= $1,400 Task 4: Annual APCD Compliance Review DHK will conduct a one-day APCD compliance review, including checking site documentation at 25% of City facilities, interviewing operating, management and accounting staff, resulting in a short findings and recommendation letter. Estimated level of effort: 20 staff hours @ $175= $3,500 EXHIBIT "A"DocuSign Envelope ID: 3FDE64D4-DE25-468F-AE87-A4D9B37D23B7 2/13/2020 Falcon West Insurance Brokers, Inc. License # 0616640 2525 Camino Del Rio So Ste 100 San Diego CA 92108 BJ Sheffield (619)297-9182 (619)297-3366 beeg@falconwestins.com Mann, King Engineers, DBA: DHK Engineers Inc. 1851 Skyhill Place Escondido CA 92026 Westchester Surplus Lines A++ XV 10172 20-21 A X X X X Y G24259493009 3/10/2020 3/10/2021 1,000,000 50,000 5,000 1,000,000 2,000,000 2,000,000 Professional Liability-Claims made 2,000,000 A Errors & Omissions Liab X G24259493009 3/10/2020 3/10/2021 Limits Per Occ/Agg/Ded $2500 $1Mil/$2Mil A Contractors Pollutions G24259493009 3/10/2020 3/10/2021 Limits Per Occ/Agg/Ded $2500 $1Mil/$2Mil RE: Agreement Name - Air Pollution Control District Permitting Support / Agreement Number #PSA19-505ZUTIL. City of Carlsbad CMWD is named as Additional Insured subject to terms and conditions on the policy - per written contract. This Certificate of Insurance shall provide that there will be no cancellation or reduction of coverage without thirty(30) days prior written notice to Certificate Holder. City of Carlsbad CMWD c/o EXIGIS Insurance Compliance Services PO Box 4668 - ECM #35050 New York, NY 10163-4668 support@exigis.com Tom Normandie/BSR The ACORD name and logo are registered marks of ACORD CERTIFICATE HOLDER ©1988-2014 ACORD CORPORATION.All rights reserved. ACORD 25 (2014/01) AUTHORIZED REPRESENTATIVE CANCELLATION DATE (MM/DD/YYYY)CERTIFICATE OF LIABILITY INSURANCE LOCJECTPRO-POLICY GEN'L AGGREGATE LIMIT APPLIES PER: OCCURCLAIMS-MADE COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurrence)$DAMAGE TO RENTED EACH OCCURRENCE $ MED EXP (Any one person)$ PERSONAL &ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ $RETENTIONDED CLAIMS-MADE OCCUR $ AGGREGATE $ EACH OCCURRENCE $UMBRELLA LIAB EXCESS LIAB DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) INSRLTR TYPE OF INSURANCE POLICY NUMBER POLICY EFF(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)LIMITS PERSTATUTE OTH-ER E.L.EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $ $ $ ANY PROPRIETOR/PARTNER/EXECUTIVE Ifyes,describe underDESCRIPTION OF OPERATIONS below (Mandatory in NH)OFFICER/MEMBER EXCLUDED? WORKERS COMPENSATIONAND EMPLOYERS' LIABILITY Y / N AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED HIRED AUTOS NON-OWNEDAUTOSAUTOS AUTOS COMBINED SINGLE LIMIT BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE $ $ $ $ THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIODINDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSDADDL WVDSUBR N / A $ $ (Ea accident) (Per accident) OTHER: THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIESBELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZEDREPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to thecertificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: INSURED PHONE(A/C, No, Ext): PRODUCER ADDRESS:E-MAIL FAX(A/C, No): CONTACTNAME: NAIC # INSURER A : INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : INSURER(S)AFFORDING COVERAGE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED INACCORDANCE WITH THE POLICY PROVISIONS. INS025 (201401)