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HomeMy WebLinkAboutCC AG PKT 2011-04-25 #IAGENDA STAFF REPORT DATE: April 25, 2011 TO: Honorable Mayor and City Council THRU: Jill R. Ingram, Acting City Manager FROM: Sean P. Crumby PE, Director of Public Works SUBJECT: APPROVE PROFESSIONAL SERVICES AGREEMENT WITH CASULAS CONSTRUCTION SERVICES FOR CONSTRUCTION INSPECTION SERVICES SUMMARY OF REQUEST: Staff requests that the City Council adopt Resolution No. 6127 approving a professional services agreement with Casulas Construction Services to provide ongoing construction inspection services. BACKGROUND AND ANALYSIS: The City continuously has numerous Capital Improvement Projects in construction. The City manages construction projects with an inspector that is present at the various construction sites. The responsibilities of this inspector are to ensure that each contractor constructs every project as it is designed, and does so with the materials specified in a safe manner that keeps the impact to the public as low as possible. For a variety of reasons this function has been performed via various consulting firms over the past 15 years. In 2008, the City of Seal Beach executed a contract with RBF Consulting Engineers to provide construction inspection services. Since that time RBF Consulting Engineers has provided the same inspector (Mr. Tom Casulas) to the City at a rate of $85 per hour. The City has been pleased with the performance of Mr. Casulas. Mr. Casulas has demonstrated a wide technical knowledge with over 30 years experience in the construction industry. Mr. Casulas has all of the necessary certifications to function as a construction inspector. In addition, this inspector possesses a General "A" Contractor's license in the state of California. Over the past 10 years having the services of a large engineering firm has proved advantageous for the City. The City has been constructing a large Capital Improvement Program with highly specialized projects including rehabilitation of water reservoirs, drilling of water wells, construction of bridges (Marina), and construction of numerous Pier projects, storm drains, and utilities. Agenda Item Page 2 In addition, the City experienced a period of heavy development with the addition of the Pacific Gateway, Heron Pointe, and Target Centers. During this period of development the City had two full time inspectors serving the City. Having a vast range of experience and the flexibility to adjust staff loading was a benefit to completion of these projects. During the current budget cycle, the City has been looking for opportunities to reduce the cost of providing service, but maintain a high quality of service to our residents. City staff in conjunction with Mr. Casulas have identified one such opportunity to reduce expenditure while continue the existing level of service. Mr. Casulas has formed the firm of Casulas Construction Services, and therefore can contract directly with the City at an hourly billing rate of $65 per hour. FINANCIAL IMPACT: The City - is currently paying a full service engineering firm $85 per hour for an inspector. The proposed rate to contract with Casulas Construction Services is $65 per hour, which represents a savings of $20 per hour, and equates to $41,600 in annual savings. Construction Inspection and Materials Testing are currently included within each project of the Capital Improvement Program (CIP). The savings will be distributed among the funding sources included within the CIP. RECOMMENDATION: It is recommended that the City Council adopt Resolution No. 6127 and approve a professional services agreement with Casulas Construction Services to provide ongoing construction inspection services. SUBMITTED BY: NOTED AND APPROVED: -"Q/4 z Sean P. Crumby Director of Public Works Q�u ' "a2 ovia rn ill . Ingram, Acting City Manage Attachments: A. Resolution No. 6127 B. Professional Services Agreement RESOLUTION NUMBER 6127 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING A PROFESSIONAL SERVICES AGREEMENT FOR CASULAS CONSTRUCTION SERVICES THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE: Section 1. The City Council hereby approves the professional services agreement ( "Agreement ") between the City of Seal Beach and Casulas Construction Services for Construction Inspection Services in the amount of $65.00 per hour. Section 2. The Council hereby directs the Acting City Manager to execute the Agreement. PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 25th day of April , 2011 by the following vote: AYES: Council Members NOES: Council Members ABSENT: Council Members ABSTAIN: Council Members Mayor ATTEST: City Clerk STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Linda Devine, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution Number 6127 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 25th day of April , 2011. City Clerk PROFESSIONAL SERVICES AGREEMENT Between City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 H Casulas Construction Services 3139 North Pinewood Street Orange, CA 92865 (714) 425 -3104 This Professional Service Agreement ( "the Agreement ") is (the "Effective Date "), by and between Casulas Construction private company, and the City of Seal Beach ( "City "), (collectively, "the Parties "). made as of April 25 2011 Services ( "Consultant "), a a California charter city, 1 of 9 S7296 -0001 \1236808v1.doc RECITALS A. City desires certain professional services. B. Consultant represents that it is qualified and able to provide City with such services. NOW THEREFORE, in consideration of the Parties' performance of the promises, covenants, and conditions stated herein, the Parties hereto agree as follows. AGREEMENT 1.0 Scope of Services 1.1. Consultant shall provide those services ( "Services ") set forth in the attached Exhibit A, which is hereby incorporated by this reference. To the extent that there is any conflict between Exhibit A and this Agreement, this Agreement shall control. 1.2. Consultant shall perform all Services under this Agreement in accordance with the standard of care generally exercised by like professionals under similar circumstances and in a manner reasonably satisfactory to City. 1.3. In performing this Agreement, Consultant shall comply with all applicable provisions of federal, state, and local law. 1.4. Consultant will not be compensated for any work performed not specified in the Scope of Services unless the City authorizes such work in advance and in writing. The City Manager may authorize payment for such work up to a cumulative maximum of $10,000. Payment for additional work in excess of $10,000 requires prior City Council authorization. 2.0 Term This term of this Agreement shall commence as of the Effective Date and shall continue for a term of three (3) years unless previously terminated as provided by this Agreement. 3.0 Consultant's Compensation City will pay Consultant $65.00 per hour for Services. 2 of 9 S7296 -0001 %1236808v1.doc 4.0 Method of Payment 4.1. Consultant shall submit to City monthly invoices for all services rendered pursuant to this Agreement. Such invoices shall be submitted within 15 days of the end of the month during which the services were rendered and shall describe in detail the services rendered during the period, the days worked, number of hours worked, the hourly rates charged, and the services performed for each day in the period. City will pay Consultant within 30 days of receiving Consultant's invoice. City will not withhold any applicable federal or state payroll and other required taxes, or other authorized deductions from payments made to Consultant. 4.2. Upon 24 -hour notice from City, Consultant shall allow City or City's agents or representatives to inspect at Consultant's offices during reasonable business hours all records, invoices, time cards, cost control sheets and other records maintained by Consultant in connection with this Agreement. City's rights under this Section 4.2 shall survive for two years following the termination of this Agreement. 5.0 Termination 5.1. This Agreement may be terminated by City, without cause, or by Consultant based on reasonable cause, upon giving the other party written notice thereof not less than 30 days prior to the date of termination. 5.2. This Agreement may be terminated by City upon 10 days' notice to Consultant if Consultant fails to provide satisfactory evidence of renewal or replacement of comprehensive general liability insurance as required by this Agreement at least 20 days before the expiration date of the previous policy. 6.0 Party Representatives 6.1. The City Manager is the City's representative for purposes of this Agreement. 6.2. Tom Casulas is the Consultant's primary representative for purposes of this Agreement. 7.0 Notices 7.1. All notices permitted or required under this Agreement shall be deemed made when personally delivered or when mailed 48 hours after deposit in the United States Mail, first class postage prepaid and addressed to the party at the following addresses: 3 of 9 S7296 -0001 \1236808v1.doc To City: City of Seal Beach 211 -8th Street Seal Beach, California 90740 Attn: City Manager To Consultant: Casulas Construction Services 3139 Pinewood Street Orange, CA 92865 Attn: Tom Casulas 7.2. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 8.0 Independent Contractor 8.1. Consultant is an independent contractor and not an employee of the City. All services provided pursuant to this Agreement shall be performed by Consultant or under its supervision. Consultant will determine the means, methods, and details of performing the services. Any additional personnel performing services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. 8.2. Consultant shall indemnify and hold harmless City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from Consultant's personnel practices. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification arising under this Section. 9.0 Subcontractors No portion of this Agreement shall be subcontracted without the prior written approval of the City. Consultant is fully responsible to City for the performance of any and all subcontractors. 4of9 S7296 -0001 \1236808v1.doc 10.0 Assignment Consultant shall not assign or transfer any interest in this Agreement whether by assignment or novation, without the prior writt en consent of City. Any purported assignment without such consent shall be void and without effect. 11.0 Insurance 11.1. Consultant shall not commence work under this Agreement until it has provided evidence satisfactory to the City that Consultant has secured all insurance required under this Section. Consultant shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by the City if requested. All certificates and endorsements shall be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. 11.2. Consultant shall, at its expense, procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of this Agreement. Insurance is to be placed with insurers with a current A.M. Best's rating no less than A:VIII, licensed to do business in California, and satisfactory to the City. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); and, if required by the City, (3) Professional Liability. Consultant shall maintain limits no less than: (1) General Liability: $2,000,000 per occurrence for bodily injury, personal injury and property damage and if Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit and (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage. 11.3. The insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms supplied or approved by the City to state: (1) coverage shall not be suspended, voided, reduced or canceled except after 30 days prior written notice by certified mail, return receipt requested, has been given to the City; (2) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its directors, officials, officers, (3) coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant's scheduled underlying coverage and that 5 of 9 S7296 -0001 \1236808v1.doc any insurance or self- insurance maintained by the City, its directors, officials, officers, employees, agents and volunteers shall be excess of the Consultant's insurance and shall not be called upon to contribute with it; (4) for general liability insurance, that the City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to the services or operations performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work; and (5) for automobile liability, that the City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Consultant or for which the Consultant is responsible. 11.4. All insurance required by this Section shall contain standard separation of insureds provisions and shall not contain any special limitations on the scope of protection afforded to the City, its directors, officials, officers, employees, agents, and volunteers. 11.5. Any deductibles or self- insured retentions shall be declared to and approved by the City. Consultant guarantees that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self- insured retentions as respects the City, its directors, officials, officers, employees, agents, and volunteers; or (2) the Consultant shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses. 12.0 Indemnification, Hold Harmless, and Duty to Defend Consultant shall defend, indemnify, and hold the City, its officials, officers, employees, volunteers and agents serving as independent contractors in the role of city officials (collectively "Indemnitees ") free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any acts or omissions of Consultant, its employees, or its agents in connection with the performance of this Agreement, including without limitation the payment of all consequential damages and attorneys' fees and other related costs and expenses, except for such loss or damage arising from the sole negligence or willful misconduct of the City. With respect to any and all such aforesaid suits, actions, or other legal proceedings of every kind that may be brought or instituted against Indemnitees, Consultant shall defend Indemnitees, at Consultant's own cost, expense, and risk, and shall pay and satisfy any judgment, award, or decree that may be rendered against Indemnitees. Consultant shall reimburse City and its directors, officials, officers, employees, agents and /or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its directors, S7296- 000111236808v1.doc 6of9 officials, officers, employees, agents or volunteers. All duties of Consultant under this Section shall survive termination of this Agreement. 13.0 Equal Opportunity Consultant affirmatively represents that it is an equal opportunity employer. Consultant shall not discriminate against any subcontractor, employee, or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, sexual orientation, or age. Such non- discrimination includes, but is not limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, or termination. 14.0 Labor Certification By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code that require every employer to be insured against liability for Workers' Compensation or to undertake self - insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 15.0 Entire Agreement This Agreement contains the entire agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings, or agreements. This Agreement may only be modified by a writing signed by both parties. 16.0 Severability The invalidity in whole or in part of any provisions of this Agreement shall not void or affect the validity of the other provisions of this Agreement. 17.0 Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of California. 18.0 No Third Party Rights No third party shall be deemed to have any rights hereunder against either parry as a result of this Agreement. 19.0 Waiver No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, 7of9 S7296-0001 \1 236808vl.doc privilege, or service voluntarily given or performed by a party shall give the other party any contractual rights by custom, estoppel, or otherwise. 20.0 Prohibited Interests; Conflict of Interest 20.1. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the Services, or which would conflict in any manner with the performance of the Services. Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest, which would conflict in any manner with the performance of the Services. Consultant shall not accept any employment or representation during the term of this Agreement which is or may likely make Consultant "financially interested" (as provided in California Government Code § §1090 and 87100) in any decision made by City on any matter in connection with which Consultant has been retained. 20.2. Consultant further warrants and maintains that it has not employed or retained any person or entity, other than a bona fide employee working exclusively for Consultant, to solicit or obtain this Agreement. Nor has Consultant paid or agreed to pay any person or entity, other than a bona fide employee working exclusively for Consultant, any fee, commission, gift, percentage, or any other consideration contingent upon the execution of this Agreement. Upon any breach or violation of this warranty, City shall have the right, at its sole and absolute discretion, to terminate this Agreement without further liability, or to deduct from any sums payable to Consultant hereunder the full amount or value of any such fee, commission, percentage or gift. 20.3. Consultant warrants and maintains that it has no knowledge that any officer or employee of City has any interest, whether contractual, non - contractual, financial, proprietary, or otherwise, in this transaction or in the business of Consultant, and that if any such interest comes to the knowledge of Consultant at any time during the term of this Agreement, Consultant shall immediately make a complete, written disclosure of such interest to City, even if such interest would not be deemed a prohibited "conflict of interest" under applicable laws as described in this subsection. 21.0 Attorneys' Fees If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party all of its attorneys' fees and other costs incurred in connection therewith. S7296 -0001 \1236808v1.doc 8of9 22.0 Exhibits All exhibits referenced in this Agreement are hereby incorporated into the Agreement as if set forth in full herein. In the event of any material discrepancy between the terms of any exhibit so incorporated and the terms of this Agreement, the terms of this Agreement shall control. 23.0 Corporate Authority The person executing this Agreement on behalf of Consultant warrants that he or she is duly authorized to execute this Agreement on behalf of said Party and that by his or her execution, the Consultant is formally bound to the provisions of this Agreement. IN WITNESS WHEREOF, the Parties hereto, through their respective authorized representatives have executed this Agreement as of the date and year first above written. CITY OF SEAL BEACH Jill R. Ingram, Acting City Manager Attest: in Linda Devine, City Clerk Approved as to Form: am Quinn Barrow, City Attorney CONSULTANT By: �1'r1 Tom Casulas Casulas Construction Services 9of9 S7296 -0001 \1236808v1.doc EXHIBIT " A " CITY OF SEAL BEACH Public Works Inspector Definition: Under direction, performs inspections of permitted and City contracted construction projects for compliance with specifications; and performs related work as required. Distinguishing Characteristics: This classification encompasses the journey level to the senior level. Incumbents at the journey level class perform a full range of complex tasks and work within a framework of established procedures with only occasional instruction or assistance. Work is reviewed upon completion and for overall results. Interpretation of general administrative or operational policies is necessary. Incumbents at the advance journey /senior level perform the most complex tasks and possess a significant level of specialized, technical and functional expertise. Incumbents exercise independent judgment in the performance of duties, with great latitude in determining work methods and assignment requirements. Work may require the development of recommendations consistent with directives, policies and regulations. Examples of Essential Duties: The following duties represent the principal job duties, however, they are not all inclusive. When assigned to journey level positions: • Determines quality of materials and workmanship, and compliance with plans, specifications, estimates all applicable codes and regulations. • Inspects traffic control placed within the City right -of -way. • Checks elevations and grades. • Inspects mix, placement of and finished concrete and asphalt improvements.. • Inspects various underground sub - structures, pipelines, etc. • Prepares memos, progress reports, notices and logs as required. • Checks delivery and material tickets. • Sketches and records "as built" information pertaining to new construction. • Maintains accurate and up -to -date inspection records. • Attends pre job field meetings. • Reviews various engineering plans for compliance with codes, regulations and other standards. • Inspects dumpsters for compliance; reports un- permitted dumpsters. • Keeps abreast of current codes and regulations affecting City projects. In addition to the duties listed above, incumbents at the advanced joumey /senior level perform the following: • Reviews and assists with inspections ensuring compliance with inspection schedules, department and City policies and procedures. • Inspection of Capital Projects. • Coordinates inspections and related activities with contractors, utility personnel, consultants and various city staff. • When assigned to City contracts, works closely with assigned Project Manager in coordination of scheduling, inspection of materials and workmanship to ensure adherence to project specifications. • Calculates quantities of materials for projects. • Enters inspection information into the computer. • Gathers and investigates information related to incidents resulting in lawsuits as required. • Serves as a member of the City Standards Review Team and "As Built" Plan Review Team. • Prepares various status, analytical and technical reports and correspondence. Examples of Other Duties: The following duties represent duties that are generally performed by this position, but are not considered to be principal job duties: • Attends division and department meetings as required. • Receives and responds to public inquiries and complaints regarding inspections. • Serves on various committees as appropriate. • Inspects dumpsters for compliance; reports un- permitted dumpsters. • Distributes notices, flyers, etc. as assigned. • Performs related duties as required. Minimum Qualification Guidelines: Knowledge of: • Methods and practices of public works inspection and materials testing. • Construction methods, materials and equipment. • Principles of algebra, geometry and trigonometry. • Surveying procedures, instruments and equipment. • Basic construction safety practices. • City codes and ordinances, rules and regulations affecting inspection operations. • General City operations. Ability to: • Determine quality of materials and workmanship through inspection. • Determines compliance with plans and specifications. • Maintain accurate notes and sketches. • Make fair and impartial decisions. • Perform complex computations and measurements involving formulas and using advanced applications of algebra, trigonometry and geometry; interpret graphs. • Compile, analyze and apply engineering data. • Operate office and other equipment including a computer, radios, camera, air tester, measuring devices and surveying equipment, etc. • Understand and carry out oral and written directions. • Communicate effectively orally and in writing. • Establish and maintain effective relationships with City employees, other City departments, public officials, contractors, outside agencies and the public. • Read and understand technical reports, maps, drawings, specifications, plans, codes, etc. Learn and utilize new skills and information to improve job performance and efficiency. License or Certificate: Must possess and maintain as appropriate, valid California driver's license. Education and Experience: Any combination of education and experience that provides the required knowledge and skills is qualifying. A typical way to obtain the knowledge and skills would be: Equivalent to graduation from high school, preferably supplemented by vocational /college coursework related to this field and three years of responsible experience in engineering /public works inspection work. Special Requirements: Performance of the essential duties of this position includes the following physical demands and /or working conditions: Requires the ability to perform field work involving exertion of a moderate amount of physical effort to stoop, crouch and lift in the performance of duties; ability to work around traffic and construction sites in a safe manner; sufficient hand /eye coordination to perform skilled repetitive movements such as sketching, and using office equipment and supplies; ability to drive motor vehicles. Tasks require color and visual perception and discrimination, as well as oral communications ability. May be subject to uncomfortable working conditions including exposure to dust, noise, heat or cold and performing inspections in confined spaces.