Loading...
HomeMy WebLinkAboutDKF Solutions Group LLC; 2024-01-23; PSA24-2358UTIL PSA24-2358UTIL City Attorney Approved Version 12/22/2023 Page 1 AGREEMENT FOR SEWER EMERGENCY RESPONSE SUPPORT SERVICES DKF SOLUTIONS GROUP, LLC THIS AGREEMENT is made and entered into as of the ______________ day of ___________________, 2024, by and between the City of Carlsbad, California, a municipal corporation ("City") and DKF Solutions Group, LLC, a California limited liability company ("Contractor”). RECITALS City requires the professional services of a consultant that is experienced in sewer emergency response reporting and training. 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. 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. The City Manager may amend the Agreement to extend it for three (3) 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 during the initial Agreement term shall not exceed three thousand nine hundred and ninety-nine dollars ($3,999). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. If the City elects to extend the Agreement, the amount shall not exceed five thousand dollars ($5,000) per Agreement year. 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. CONSTRUCTION MANAGEMENT SOFTWARE Procore Project Management and Collaboration System. This project may utilize the Owner’s Procore (www.procore.com) online project management and document control platform. The intent of utilizing Procore is to reduce cost and schedule risk, improve quality and safety, and maintain a healthy team dynamic by improving information flow, reducing non-productive activities, reducing rework and decreasing turnaround times. The Contractor is required to create a free web-based Procore user account(s) and utilize web-based training / tutorials (as needed) to become familiar with the system. Unless the Engineer approves otherwise, the Contractor shall process all project documents through Procore because this platform will be used to submit, track, distribute and collaborate on project. If unfamiliar or not otherwise trained with Procore, Contractor and applicable team members shall complete a free training certification course located at http://learn.procore.com/procore-certification- subcontractor. The Contractor is responsible for attaining their own Procore support, as needed, either through the online training or reaching out to the Procore support team. It will be the responsibility of the DocuSign Envelope ID: 7A4553B9-D2B9-4AAC-96B2-E1A395051685 January 23rd PSA24-2358UTIL City Attorney Approved Version 12/22/2023 Page 2 Contractor to regularly check Procore and review updated documents as they are added. There will be no cost to the Contractor for use of Procore. It is recommended that the Contractor provide mobile access for Windows, iOS located at https://apps.apple.com/us/app/procore-construction-management/id374930542 or Android devices located at https://play.google.com/store/apps/details?id=com.procore.activities with the Procore App installed to at least one on-site individual to provide real-time access to current posted drawings, specifications, RFIs, submittals, schedules, change orders, project documents, as well as any deficient observations or punch list items. Providing mobile access will improve communication, efficiency, and productivity for all parties. The use of Procore for project management does not relieve the contractor of any other requirements as may be specified in the contract documents. 5. 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. 6. INDEMNIFICATION Contractor agrees to defend (with counsel approved by the City), indemnify, and hold harmless the City and its officers, elected and appointed 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 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. 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. 7. 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. DocuSign Envelope ID: 7A4553B9-D2B9-4AAC-96B2-E1A395051685 PSA24-2358UTIL City Attorney Approved Version 12/22/2023 Page 3 8. 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 Stephanie Harrison Name David Patzer Title Utilities Technical Services Manager Title Project Manager Department Public Works Address 170 Dogwood Lane City of Carlsbad Vallejo, CA 94591 Address 1635 Faraday Ave Phone No. 800-215-5206 Carlsbad, CA 92008 Email Dpatzer@dkfsolutions.com Phone No. 442-339-2310 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. 9. 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 10. 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. 11. CALIFORNIA AIR RESOURCES BOARD (CARB) ADVANCED CLEAN FLEETS REGULATIONS Contractor’s vehicles with a gross vehicle weight rating greater than 8,500 lbs. and light-duty package delivery vehicles operated in California may be subject to the California Air Resources Board (CARB) Advanced Clean Fleets regulations. Such vehicles may therefore be subject to requirements to reduce DocuSign Envelope ID: 7A4553B9-D2B9-4AAC-96B2-E1A395051685 PSA24-2358UTIL City Attorney Approved Version 12/22/2023 Page 4 emissions of air pollutants. For more information, please visit the CARB Advanced Clean Fleets webpage at https://ww2.arb.ca.gov/our-work/programs/advanced-clean-fleets. 12. 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. 13. 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. 14. 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. 15. 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. 16. 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. 17. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. This Agreement may be executed in counterparts. 18. 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. [signatures on following page] DocuSign Envelope ID: 7A4553B9-D2B9-4AAC-96B2-E1A395051685 PSA24-2358UTIL City Attorney Approved Version 12/22/2023 Page 5 CONTRACTOR DKF SOLUTIONS GROUP, LLC, a California limited liability company 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 David Patzer, Managing Member (print name/title) By: (sign here) (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: _____________________________ Assistant City Attorney DocuSign Envelope ID: 7A4553B9-D2B9-4AAC-96B2-E1A395051685 PSA24-2358UTIL Exhibit “A” Scope of Services DKF Solutions Group, LLC 170 (DKF) agrees to provide the following annual sewer Spill Emergency Response Plan (SERP) services for the term of the agreement: • Four (4) hours SERP Support – phone and email support for sewer spill emergency response activities such as spill category determination, spill volume estimation, spill start time determination, CALOES reporting, and addressing residential backups. • Two ((2) hours Cal/OSHA Support – email support for questions about CalOSHA compliance for sewer collection systems such as confined space entry procedures, traffic control setup, forklift authorization, and training requirements. • One (1) hour Surface Water Sampling Support – email support for questions about water sampling requirements for each category of sanitary sewer spill. • Live Online Training – Three live online trainings per year on Spill Volume and Start Time Determination, SERP Regulations, and Surface Water Sampling for Carlsbad’s Utilities staff. • SERP Review – Annual review of Carlsbad's Spill Emergency Response Plan. • Report Reminders and Trainings – Annual reminders of the two required annual reports (due February and April) and training on how to complete them. • TrainingLink Basic Subscription – A TrainingLink Basic Subscription for Carlsbad’s Utilities employees that includes live online bi-weekly tailgate training, hundreds of hours of on-demand training content, robust training records management and more. • DKF will respond to phone and email support requests within one business day when possible unless call volumes are too high and/or phone/internet services outages are experienced by DKF and/or their representatives. • Carlsbad consents to receive SMS messages (including text messages) and telephone calls from DKF and its representatives at the specific number(s) provided by Carlsbad and at numbers used by representatives of Carlsbad to contact DKF. Carlsbad will not charge DKF for any costs incurred by Carlsbad to send/receive phone calls and SMS messages between Carlsbad and DKF or its representatives. • Phone calls between Carlsbad and DKF and/or its representatives may only be recorded if both parties consent. The fee for the initial one-year term of the agreement will be $3,999. The costs for future amendments to this agreement will not go above a 5% increase per year. DocuSign Envelope ID: 7A4553B9-D2B9-4AAC-96B2-E1A395051685 AC O R D ® CE R T I F I C A T E OF LI A B I L I T Y IN S U R A N C E I CO V E R A G E S CE R T I F I C A T E NU M B E R : RE V I S I O N NU M B E R : TH I S I S T O C E R T I F Y T H A T T H E P O L I C I E S O F IN S U R A N C E L I S T E D B E L O W H A V E B E E N I S S U E D T O TH E I N S U R E D N A M E D A B O V E F O R T H E P O L I C Y P E R I O D IN D I C A T E D . NO T W I T H S T A N D I N G AN Y RE Q U I R E M E N T , TE R M O R C O N D I T I O N O F A N Y C O N T R A C T O R O T H E R D O C U M E N T WI T H RE S P E C T T O WH I C H TH I S CE R T I F I C A T E MA Y BE I S S U E D O R MA Y P E R T A I N , THE I N S U R A N C E A F F O R D E D B Y T H E P O L I C I E S D E S C R I B E D H E R E I N I S S U B J E C T T O A L L T H E T E R M S , EX C L U S I O N S AN D CO N D I T I O N S OF SU C H PO L I C I E S . LI M I T S SH O W N MA Y HA V E BE E N RE D U C E D BY PA I D CL A I M S . IN S R LT R TY P E OF IN S U R A N C E AD D L 11 , . 1 < : . n SU B R W" \tn PO L I C Y NU M B E R PO L I C Y E F F IM MI D D I Y Y Y Y I PO L I C Y E X P IM MID D I Y Y Y Y I LI M I T S A 4 X - - CO M M E R C I A L GE N E R A L LI A B I L I T Y CL A I M S -MA D E [Z ] OC C U R y y 57 S B A B P 1 0 2 9 03 / 1 9 / 2 0 2 3 03 / 1 9 / 2 0 2 4 EA C H OC C U R R E N C E $ 2, 0 0 0 , 0 0 0 DA M A G E TO RE N T E D PR E M I S E S (E a oc c u r r e n c e ) $ 1, 0 0 0 , 0 0 0 ME D EX P (A n y on e pe r s o n ) $ 10 , 0 0 0 PE R S O N A L & AD V IN J U R Y $ 2, 0 0 0 , 0 0 0 - GE N ' L AG G R E□GA T E LIM I T AP P L I E S PE R PO L I C Y PJE RCOT DL o c OT H E R GE N E R A L AG G R E G A T E $ 4, 0 0 0 , 0 0 0 PR O D U C T S - CO M P / O P AG G $ 4, 0 0 0 , 0 0 0 $ AU T O M O B I L E LI A B I L I T Y - CO M B I N E D SI N G L E LIM I T (E a ac c d e n l l $ 2, 0 0 0 , 0 0 0 - - X AN Y AU T O BO D I L Y IN J U R Y (P e r pe r s o n ) $ A OI N N E D AU T O S ON L Y HI R E D AU T O S ON L Y - - X SC H E D U L E D AU T O S NO N -0 \ fw t , I E D AU T O S ON L Y y 57 S B A B P 1 0 2 9 03 / 1 9 / 2 0 2 3 03 / 1 9 / 2 0 2 4 BO D I L Y IN J U R Y (P e r ac c d e n l ) $ PR O P E R T Y DA M A G E (P e r ac c i d e n t ) $ $ A X UM B R E L L A LIA B OC C U R EX C E S S LI A B CL A I M S -MA D E 57 S B A B P 1 0 2 9 03 / 1 9 / 2 0 2 3 03 / 1 9 / 2 0 2 4 EA C H OC C U R R E N C E $ 1, 0 0 0 , 0 0 0 AG G R E G A T E $ 1, 0 0 0 , 0 0 0 X OE D I I RE T E N T I O N $ 10 , 0 0 0 $ WO R K E R S CO M P E N S A T I O N AN D EM P L O Y E R S ' LI A B I L I T Y YI N AN Y PR O P R I E T O R / P A R T N ER / E X E C U T I \IE □ 0 FF I CE R I M E M B E R EX C L U OE D ? (M a n d a t o r y in NH ) If y e s , de s c r i b e un d e r DE S C R I P T I O N OF OP E R A T I O N S be l o w NI A I PE R I I OT H - ST A T U T E ER E.L EA C H AC C I D E N T $ E.L DIS E A S E - EA EM P L O Y E E $ E.L DI S E A S E - PO L I C Y LI M I T $ B Pr o f e s s i o n a l Li a b i l i t y RT P 0 0 2 7 6 5 7 03 / 1 9 / 2 0 2 3 03 / 1 9 / 2 0 2 4 Ag g r e g a t e Oc c u r r e n c e $2 , 0 0 0 , 0 0 0 $2 , 0 0 0 , 0 0 0 DE S C R I P T I O N OF O P E R A TI O N S / L O C A T I O N S I VE H I C L E S (A C O R D 10 1 , Ad d i t i o n a I Re m a r k s Sc h e d u l e , ma y be at t a c h e d if mo r e s p a c e is re q u i r e d ) CE R T I F I C A T E HO L D E R CA N C E L L A T I O N Cit y of Ca r l s b a d 12 0 0 Ca r l s b a d Vi l l a g e Dr i v e SH O U L D A N Y O F l H E AB O V E D E S C R I B E D P O L I C I E S B E CA N C E L L E D B E F O R E lH E E X P I R A 1 1 O N D A 1 1 E l H E R E O F , N O 1 1 C E W I L L B E D E L I V E R E D I N AC C O R D A N C E W l l H l H E P O L I C Y P R O V I S I O N S . 1 Ca r l s b a d CA 92 0 0 8 AU T H O R I Z E D RE P R E S E N T A T I V E ·; ; g p -: - :: r Fa x : AC O R D 25 (2 0 1 6 / 0 3 ) Em a i l : © 19 8 8 -20 1 5 AC O R D CO R P O R A T I O N . Al l ri g h t s re s e r v e d . Th e AC O R D na m e a n d lo g o ar e r e g i s t e r e d ma r k s o f AC O R D DA TE ( MM I D D I Y Y Y Y ) 06 / 1 4 / 2 0 2 3 TH I S C E R l l F I C A T E I S I S S U E D A S A M A T T E R O F I N F O R M A T I O N O N L Y A N D C O N F E R S N O R I G H T S U P O N T H E C E R T I F I C A T E H O L D E R . T H I S CE R l l F I C A T E DO E S N O T A F F I R M A l l V E L Y OR N E G A T I V E L Y AM E N D , EX T E N D OR A L T E R TH E C O V E R A G E AF F O R D E D BY TH E P O L I C I E S BE L O W . TH I S CE R T I F I C A T E OF IN S U R A N C E DO E S NO T CO N S T I T U T E A CO N T R A C T BE T W E E N TH E IS S U I N G IN S U R E R ( S ) , AU T H O R I Z E D RE P R E S E N T A l l V E OR PR O D U C E R , AN D TH E CE R l l F I C A T E HO L D E R . IM P O R T A N T : If th e c e r t i f i c a t e ho l d e r is an AD D I T I O N A L IN S U R E D , th e p o l i c y ( i e s ) mu s t h a v e AD D I T I O N A L IN S U R E D pr o v i s i o n s or be e n d o r s e d . If SU B R O G A l l O N IS WA I V E D , su b j e c t to th e te r m s an d co n d i t i o n s of th e po l i c y , ce r t a i n po l i c i e s ma y re q u i r e an en d o r s e m e n t . A st a t e m e n t on th i s ce r t i f i c a t e do e s no t co n f e r ri g h t s to th e ce r t i f i c a t e ho l d e r in li e u of su c h en d o r s e m e n t ( s ) . PR O D U C E R Pa r a g o n Co m m e r c i a l In s u r a n c e Br o k e r s On e S a n s o m e S t r e e t S u i t e 3 5 0 0 Sa n Fr a n c i s c o CA 94 1 0 4 CO N T A C T NA M E : iA gN o Ex t ! : (4 1 5 ) 9 7 1 -91 1 1 I FA X IA I C No l : (4 1 5 ) 3 5 8 -94 1 0 cf ss : in f o @ c o m me r c i a l r i s k g r o u p . c o m IN S U R E R ( S ) AF F O R D I N G CO V E R A G E NA I C # IN S U R E R A : Se n t i n e l In s Co Lt d 11 0 0 0 IN S U R E D IN S U R E R B : RL I I n s u r a n c e Co m p a n y 13 0 5 6 DK F So l u t i o n s Gr o u p . LL C IN S U R E R C : 17 0 Do g v , , , o o d La n e IN S U R E R □: IN S U R E R E : Va l l e j o CA 94 5 9 1 IN S U R E R F : Do c u S i g n E n v e l o p e I D : 7 A 4 5 5 3 B 9 - D 2 B 9 - 4 A A C - 9 6 B 2 - E 1 A 3 9 5 0 5 1 6 8 5 J State of the art risk management tools for public agencies WORKERS’ COMPENSATION INSURANCE CERTIFICATION TO: City of Carlsbad RE: SERP Project The Consultant shall execute the following form as required by the California Labor Code, Sections 1860 and 1861: I am aware of the provisions of Section 3700 of the California Labor Code that requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code. As a Managing Partner of DKF Solutions Group, LLC, I verify that we do not have any employees who will perform work under this agreement. In the event that DKF Solutions Group hires any employees to perform work under this agreement, I will comply with the provisions of Section 3700 of the California Labor Code before commencing or continuing the performance of the work under this contract, including supplying Cityof Carlsbad with proof of Workers’ Compensation Insurance and a Waiver of Subrogation thereto. __ DKF Solutions Group, LLC______________________ Name of Firm (Person, Firm, or Corporation) ______________________________________________ Signature of Authorized Representative __Kay Patzer, Managing Partner____________________ Name & Title of Authorized Representative ___15 June 2023_____ Date of Signing 170 Dogwood Lane Vallejo, CA 94591-8056 www.dkfsolutions.com DocuSign Envelope ID: 7A4553B9-D2B9-4AAC-96B2-E1A395051685 -Solutions Group DocuSign Envelope ID: 7A4553B9-D2B9-4AAC-96B2-E1A395051685 POLICY NUMBER: 57 SBA BP1029 JL THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -CO-OWNER OF INSURED PREMISES LOC 001 BLDG 001 CITY OF CARLSBAD, THE CITY, ITS ELECTED OR APPOINTED OFFICIALS BOARDS, AGENCIES, OFFICERS, ATTORNEYS, AGENTS, EMPLOYEES AND VOLUNTEERS ARE NAMED AS ADDITIONAL INSURED 1200 CARLSBAD VILLAGE DR CARLSBAD, CA 92008 RE; NUMBER OF JOB LOCATIONS 1 DESCRIPTION OF COMPLETED OPERATIONS CONSULTING SCHEDULED PERSON OR ORGANIZATION Form IH 12 00 11 85 T SEQ. NO. 004 Printed in U.S.A. Page 001 Process Date: 06/15/23 Expiration Date: 03/19/24 State of the art risk management tools for public agencies WORKERS’ COMPENSATION INSURANCE CERTIFICATION TO: City of Carlsbad RE: SERP Project The Consultant shall execute the following form as required by the California Labor Code, Sections 1860 and 1861: I am aware of the provisions of Section 3700 of the California Labor Code that requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code. As a Managing Partner of DKF Solutions Group, LLC, I verify that we do not have any employees who will perform work under this agreement. In the event that DKF Solutions Group hires any employees to perform work under this agreement, I will comply with the provisions of Section 3700 of the California Labor Code before commencing or continuing the performance of the work under this contract, including supplying Cityof Carlsbad with proof of Workers’ Compensation Insurance and a Waiver of Subrogation thereto. __ DKF Solutions Group, LLC______________________ Name of Firm (Person, Firm, or Corporation) ______________________________________________ Signature of Authorized Representative __Kay Patzer, Managing Partner____________________ Name & Title of Authorized Representative ___15 June 2023_____ Date of Signing 170 Dogwood Lane Vallejo, CA 94591-8056 www.dkfsolutions.com DocuSign Envelope ID: 7A4553B9-D2B9-4AAC-96B2-E1A395051685 -Solutions Group