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HomeMy WebLinkAboutO'Day Consultants; 2024-04-08; PSA24-2415TRANPSA24-2415TRAN City Attorney Approved Version 12/22/2023 Page 1 AGREEMENT FOR STORM DRAIN BCB FOR MAGNOLIA AVENUE (PHASE II) O'DAY CONSULTANTS 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 O'Day Consultants, a California corporation ("Contractor”). RECITALS City requires the professional services of a civil engineering consulting support consultant that is experienced in civil engineering consulting support. 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 hundred eighty (180) days from the date first above written. 3. COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term shall not exceed seven thousand five hundred fifty-two dollars ($7,552). 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. 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 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. DocuSign Envelope ID: F791518A-22FE-4277-B9F6-006B3D82EC6C April 8th PSA24-2415TRAN City Attorney Approved Version 12/22/2023 Page 2 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. 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. DocuSign Envelope ID: F791518A-22FE-4277-B9F6-006B3D82EC6C PSA24-2415TRAN City Attorney Approved Version 12/22/2023 Page 3 For City For Contractor Name David Edwards Name Beth Reiter Title Senior Engineer Title Project Manager Department Public Works Address 2710 Loker Ave. West, Suite 100 City of Carlsbad Carlsbad, CA 92010 Address 1635 Faraday Ave Phone No. 760-931-7700 ext. 323 Carlsbad, CA 92008 Email Bethr@odayconsultants.com Phone No. 442-339-5286 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 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. DocuSign Envelope ID: F791518A-22FE-4277-B9F6-006B3D82EC6C PSA24-2415TRAN City Attorney Approved Version 12/22/2023 Page 4 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: F791518A-22FE-4277-B9F6-006B3D82EC6C PSA24-2415TRAN City Attorney Approved Version 12/22/2023 Page 5 CONTRACTOR O'DAY CONSULTANTS, a California corporation CITY OF CARLSBAD, a municipal corporation of the State of California By: By: (sign here) Paz Gomez, Deputy City Manager, Public Works, as authorized by the City Manager Keith Hansen, Vice-President (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: F791518A-22FE-4277-B9F6-006B3D82EC6C PSA24-2415TRAN City Attorney Approved Version 12/22/2023 Page 6 EXHIBIT A SCOPE OF SERVICES AND FEE DocuSign Envelope ID: F791518A-22FE-4277-B9F6-006B3D82EC6C Promo #24-0031 Magnolia BCB Storm Drain February 28, 2024 Page 1 of 2 Scope of Services and Fee Proposal - Extra Work #3 City of Carlsbad Project Description: City of Carlsbad proposed Storm Drain BCB for Magnolia Avenue (Phase II) bid and construction support. Summary of Tasks and Fees: Task Description Fee 1.Bid and Construction Support $7,552.00 Total $7,552.00 Detailed Scope of Work Task 1: Time and Materials not to exceed a fee of $7,552.00 without prior written authorization for Bid and Construction Support 1.Sixteen (16) hours of a Project Manager’s time for Bid Support and Construction Administration and Assistance as follows: a.Attend team meetings during construction. b.Assist the City of Carlsbad with the oversight of construction.c.Respond to Requests for Information (RFI).d.Review Material Submittals.e.Prepare changes to the construction documents, if needed. 2.Eight (8) hours each of a Project Manager and Design Engineer’s time, to prepare As-Builts:a.Site visit to verify existing improvements.b.Review contractor redlines and transpose changes onto the signed mylar.c.Submit the revised mylars and a pdf of the of the As-Builts to the City. Other: Reproduction costs, reimbursable expenses, and data transfers will be billed out on a Time and Material basis. DocuSign Envelope ID: F791518A-22FE-4277-B9F6-006B3D82EC6C Promo #24-0031 Magnolia BCB Storm Drain February 28, 2024 Page 2 of 2 DOES NOT INCLUDE: • Agency fees • Boundary Resolution • Construction inspection • Construction staking • Environmental documentation • Legal Descriptions, Plats and Easements on Private Property • Monumentation • Record of Survey • SWPPP • Title Documents DocuSign Envelope ID: F791518A-22FE-4277-B9F6-006B3D82EC6C SCHEDULE OF HOURLY BILLING RATES October 1, 2023 OFFICE ENGINEERING Project Manager $255.00 Project Engineer 208.00 Project Survey Manager 186.00 Design Engineer 179.00 AutoCad Technician 167.00 Engineering Technician 134.00 Engineering Intern 100.00 Construction Office Management/Document Control 97.00 Word Processing 97.00 FIELD ENGINEERING 2 Man Survey Crew 1 Man Survey Crew/Survey Chief 1 Man Survey Crew-Robotic/GPS 284.00 186.00 210.00 FIELD ENGINEERING - PREVAILING WAGE 3 Man Survey Crew 2 Man Survey Crew 1 Man Survey Crew/Survey Chief 586.00 395.00 221.00 CONSULTATION Principal $300.00 All out-of-pocket expenses, such as filing fees, printing, reproduction costs and deliveries, will be extra and invoiced at our direct cost plus 15%. Prevailing wage projects will be charged a higher rate for field engineering. Four (4) hour minimum charge for survey crew time. Any site visits less than 4 hours will be charged as extra work to fixed fee scopes of work. Rates are subject to periodic increase. Prevailing Wage rates are subject to California Department of Industrial Relations mandated wage rate changes. DocuSign Envelope ID: F791518A-22FE-4277-B9F6-006B3D82EC6C ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED? INSR ADDL SUBRLTR INSD 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), AUTHORIZEDREPRESENTATIVE 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 1/16/2024 License # 0E67768 (858) 754-0063 50233 (619) 574-6288 13056 O'Day Consultants, Inc.2710 Loker Avenue West, #100 Carlsbad, CA 92010-6609 25054 1 A 1,000,000 X X PSB0003052 6/24/2023 6/24/2024 1,000,000 Cont Liab/Sev of Int 10,000 1,000,000 2,000,000 2,000,000 Ded 1,000,000A X X PSA0001026 7/1/2023 7/1/2024 Comp.: $1,000 Coll.: $1,000 5,000,000A PSE0001046 6/24/2023 6/24/2024 5,000,000 A X PSW0001210 9/1/2023 9/1/2024 1,000,000 1,000,000 1,000,000 B Professional Liab. PRB0619118081 1/20/2024 Per Claim 2,000,000 B Ded.: $50K Per Claim PRB0619118081 1/20/2024 1/20/2025 Aggregate 4,000,000 Re: All Operations City of Carlsbad is Additional Insured with respect to General and Auto Liability per the attached endorsements as required by written contract. Insurance is Primary and Non-Contributory. Waiver of Subrogation applies to General Liability, Auto Liability and Workers' Compensation. 30 Days Notice of Cancellation with 10 Days Notice for Non-Payment of Premium in accordance with the policy provisions. City of Carlsbad/CMWD c/o EXIGIS Insurance Compliance Services P.O. Box 947 Murrieta, CA 92564 ODAYCON-01 MCCOWANA IOA Insurance Services3636 Nobel DriveSuite 410San Diego, CA 92122 Erica Wilson Erica.Wilson@ioausa.com RLI Insurance Company Hudson Insurance Company X 1/20/2025 X X X X X X X X X DocuSign Envelope ID: F791518A-22FE-4277-B9F6-006B3D82EC6C DocuSign Envelope ID: F791518A-22FE-4277-B9F6-006B3D82EC6C DocuSign Envelope ID: F791518A-22FE-4277-B9F6-006B3D82EC6C DocuSign Envelope ID: F791518A-22FE-4277-B9F6-006B3D82EC6C