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HomeMy WebLinkAboutCNA Specialists; 2023-12-18;City Attorney Approved Version 4/24/2023 AGREEMENT FOR CAPITAL NEEDS ASSESSMENT SERVICES FOR TYLER COURT CNA SPECIALISTS THIS AGREEMENT is made and entered into as of the ______________ day of ___________________, 2023, by and between the City of Carlsbad, California, a municipal corporation, ("City"), and CNA Specialists, a California sole proprietorship, ("Contractor”). RECITALS City requires the professional services of a capital needs assessment that is experienced in Capital Needs Assessment. 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 one (1) year from the date first above written. 3. COMPENSATION The total fee payable for the Services to be performed will be three thousand five hundred dollars ($3,500). 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 attorneys 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’ 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. DocuSign Envelope ID: 2DCAAC53-9DF3-4FDD-A103-8938F2D624E5 December 18th City Attorney Approved Version 4/24/2023 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 Todd Henderson Name Paul Youngborg Title Housing Services Manager Title Owner Department Housing & Homeless Services Address 1345 Encinitas Blvd #404 City of Carlsbad Encinitas, CA 92024 Address 1200 Carlsbad Village Drive Phone No. (800) 924-9921 Carlsbad, CA 92008 Email paul@cnaspecialists.com Phone No. (442) 339-2935 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 as required in the City of Carlsbad Conflict of Interest Code. Yes No If yes, list the contact information below for all individuals required to file: Name Email Phone Number DocuSign Envelope ID: 2DCAAC53-9DF3-4FDD-A103-8938F2D624E5 □ ■ City Attorney Approved Version 4/24/2023 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: 2DCAAC53-9DF3-4FDD-A103-8938F2D624E5 City Attorney Approved Version 4/24/2023 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 CITY OF CARLSBAD, a municipal corporation of the State of California By: By: (sign here) Mandy Mills, Housing & Homeless Services Director Paul Youngborg, Owner (print name/title) ATTEST: By: (sign here) SHERRY FREISINGER City Clerk (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: CINDIE K. McMAHON, City Attorney By: Ron Kemp, Senior Assistant City Attorney DocuSign Envelope ID: 2DCAAC53-9DF3-4FDD-A103-8938F2D624E5 City Attorney Approved Version 4/24/2023 EXHIBIT “A” SCOPE OF SERVICES See attached proposal dated September 29, 2023. DocuSign Envelope ID: 2DCAAC53-9DF3-4FDD-A103-8938F2D624E5 CNA Specialists Architect (CA #26812, TX #21206), General Contractor License #433367, REAC Inspector #M30167 (inactive) September 29, 2023 Todd Henderson Housing Services Manager City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 RE: CNA proposal for Tyler Court, 3363 Tyler St, Carlsbad, CA Dear Mr. Henderson, CNA Specialists’ hereby proposes to perform a Capital Needs Assessment (CNA) for the City of Carlsbad on Tyler Court, 3363 Tyler St, Oakland, CA property including site, buildings, units, all common areas, and handicap accessibility for the lump sum of $3500.00. CNA Specialists will provide CNA reports which will meet the requirement outlined in 24 CFR, parts 905 and 968, amended; HUD Handbook 7485.3G; HUD Handbook 7485.2 REV 1 and 24 CFR, part 903 and the current QAP. The Physical Needs Assessment prepared by CNA Specialists will assess the condition and provide “life cycle analysis” of the repair costs over the term of 20 years for the following components: 1. Site - grounds, irrigation, lighting, public and private utilities, fences and gates, hardscapes, refuse, security, playgrounds and related recreation areas (if any), etc. 2. Exterior Systems - roofs, siding, gutters and downspouts, window systems, doors, stairs, structural condition. 3. Interior Systems - walls, ceilings, flooring, doors, hardware, stairways, etc. 4. Fire/Life Safety issues - including hazards, emergency lighting, fire escapes, fire alarm systems, sprinklers, public hall doors, etc. 5. Heating, Ventilation and Air Conditioning (condition, not performance evaluation) 6. Electrical and Electrical Distribution (condition, not load analysis) – type of wiring, interior and exterior lighting, switching, etc. 7. Plumbing - Fixtures, domestic supply, storm and sanitary drainage lines, piping materials, water heaters, shut off valves, etc. 8. Special Construction - kitchens, medical space, community rooms, offices, etc. 9. Elevators, sump pumps, chillers, emergency generators, etc. 10. Existing handicap accessible units (Fair Housing Act), parking and public areas (Americans with Disabilities Act). CNA Specialists will take digital photographs to record the general composition and condition of each property, building and unit inspected. The annotated photo report will show items, issues and findings related to the CNA plus CNA Specialists will provide all photos in jpeg electronic format for your use. CNA Specialists’ Capital Needs Assessment report will be in conformance with HUD’s FANNIE MAE COMPREHENSIVE NEEDS ASSESSMENT GUIDANCE TO THE PROPERTY EVALUATOR and include a narrative with detailed descriptions of the condition of all materials and systems including an Executive Summary and Conclusion for each section of the report. A life-cycle cost analysis spreadsheet of the repair or replacement costs over 20 years including all costs per year in the subcategories by item for “Site, Architectural, Mechanical/Electrical, Dwelling Units, and accessibility issues plus a listing of all immediate, and health and safety work which should be completed in year one. DocuSign Envelope ID: 2DCAAC53-9DF3-4FDD-A103-8938F2D624E5 CNA Specialists, 1345 Encinitas Blvd., #404, Encinitas, CA e-mail: paul@cnaspecialists.com Phone 800-924-9921 FAX: 800-537-6027 This Proposal contains proprietary information and may not be copied or reproduced without the express consent of CNA Specialists Proposal Approval By:_______________________________________ Title:______________________________________ Date:______________________________________ Upon notice of contract approval, all tasks will be completed in conformance with this proposal and as follows: 1) CNA Specialists will provide a certificate with the agency listed as additional insured. 2) CNA Specialists will provide a statement they do no have an identity of interest, as defined in 7 CFR 3560. 3) CNA Specialists will provide evidence that they are NOT debarred or suspended from participating in Federally assisted programs. 4) CNA Specialists will provide a report that is in the required HUD format and fully describes the property. 5) The photographs provided will generally describe the property's units, buildings and other facilities. 6) The report will identify who performed the on-site inspection and who prepared the CNA report. 7) CNA Specialists will assure that an adequate number of buildings and dwelling units are inspected. 8) CNA Specialists will provide a complete list of property components divided into the appropriate major system groups: Site, Architectural, Mechanical, and Dwellings plus issues related to handicap access and ADA. 9) The expected useful lifetimes of the components will be based upon the Fannie Mae Life Cycle table and be reasonably accurate. 10) The reported ages of the components will be based upon site observations and interviews with agency staff. 11) The current condition of each component will be based upon site observations and accurately noted. 12) The Remaining Useful Life of the components will be correctly calculated or determined based upon professional opinion 13) Proposed corrective actions will be appropriately identified. 14) Critical immediate repairs will be appropriately identified. 15) The component quantities will be based upon site observations and quantity take-offs and will be reasonably accurate. 16) The report will adequately address patent environmental hazards and other relevant environmental issues which are readily apparent. 17) The report will adequately address accessibility Fair Housing Act issues plus ADA issues related to public areas and parking as they apply to existing conditions. 18) The repair/replacement durations will be based agency policy and standards in the industry. 19) The detailed estimated repair and replacement costs will be calculated both in current dollars and with a projected inflation rate of 2.5% for each inspectable item and totaled for each year. 20) The estimated repair and replacement costs will be based upon the R.S. Means Estimating data, actual agency historical purchasing records, personal experience and good industry practice. 21) The data in the narrative Executive Summary report and the live-cycle cost spreadsheet will match. 22) The report will exclude routine maintenance, operation, and low-cost expenses. 23) Photographs will be provided to describe existing conditions, items which should be repaired or replaced, and Health and Safety issues observed during our inspection. CNA Specialists’ Capital Needs Assessment report will be in conformance with HUD’s FANNIE MAE COMPREHENSIVE NEEDS ASSESSMENT GUIDANCE TO THE PROPERTY EVALUATOR. This contract may be terminated by either party with written notice. All disputes, controversies, or claims arising out of or relating to this contract shall be submitted to binding arbitration in accordance with the applicable rules of the American Arbitration Association then in effect. Any final judgment or settlement will not exceed the total amount of this contract. Thank you for the opportunity to bid your work. Paul Youngborg, AIA CNA Specialists 1345 Encinitas Blvd., #404 Encinitas, CA 92024 Phone: 800-924-9921 FAX: 800-537-6027 Email: paul@cnaspecialists.com DocuSign Envelope ID: 2DCAAC53-9DF3-4FDD-A103-8938F2D624E5 ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED? INSR ADDL SUBRLTRINSD WVD PRODUCER CONTACTNAME:FAXPHONE(A/C, No):(A/C, No, Ext): E-MAILADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY) (MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATIONAND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED BODILY INJURY (Per accident) $AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH-STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A(Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED INACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. 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. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THISCERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement onthis certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD 9/6/2023 (858) 412-8169 (858) 412-8170 24082 CNA Specialists1345 Encinitas Blvd #404 Encinitas, CA 92024 A 1,000,000 BZS56682657 8/31/2023 8/31/2024 15,000 1,000,000 2,000,000 2,000,000 Proof of Coverage Proof of Coverage CNASPEC-01 LBUOP Assured Partners of CA Insurance Services, LLC dba: Wateridge Insurance Services9655 Granite Ridge Drive, Ste 450San Diego, CA 92123 Linda Buop linda.buop@assuredpartners.com Ohio Security Insurance Co. X X X DocuSign Envelope ID: 2DCAAC53-9DF3-4FDD-A103-8938F2D624E5 ~ ACORD" ~ -D '--- ~ - ~ □ '--- - - ~ ~ I I □ □ - - ~ H I T I □