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HomeMy WebLinkAbout25G - AGMT - RESTROOMS ANGELS PARKREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 21, 2017 CLERK OF COUNCIL USE ONLY: TITLE: APPROVED AGREEMENT WITH NAKA ENGINEERING ❑ As Recommended CONTRACTORS FOR RESTROOM ❑ As Amended El Ordinance on Reading STRUCTURE REPAIRS AT ANGELS PARK 2 n ❑ Ordinance on tl Reading (STRATEGIC PLAN NO. 6, 1B) ❑ Implementing Resolution 1 ❑ Set Public Hearing For h ClIVNIANAGER RECOMMENDED ACTION CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute an agreement with Naka Engineering Contractors to provide restroom structure repairs at Angels Park for an amount not to exceed $50,000, which includes a contingency of $5,520 for a term from February 21, 2017 through December 31, 2017 or completion of the project, whichever is sooner, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION The City of Santa Ana solicited proposals from qualified companies to provide restroom structure repairs at Angels Park located at 914 W. Third Street, Santa Ana, CA (Southwest corner of Third Street and Flower Street). The scope of the project includes: • Remove and replace wall • Remove wood siding and replace with stucco • Replace damaged wood • Apply rolled/torched-down roofing • Painting • Perform lead-based paint testing and abatement • Perform asbestos testing and abatement The contractor will be responsible for obtaining necessary permits. The City received three proposals. An evaluation committee reviewed ranked the proposals. The results of the evaluation are below. Company Score Ranking Allied ECorp 127 3 Naka Engineering Contractors 270 1 25G-1 Agreement with DMS Facility Services January 17, 2017 Page 2 OCC Builders 212 2 The City proposes to enter into an agreement with Naka Engineering Contractors. STRATEGIC PLAN ALIGNMENT Approval of this item allows the City to meet Goal #6 - Community Facilities & Infrastructure, Objective #1 (Establish and maintain a Community Investment Plan for all City assets), Strategy B (Equitably maintain existing streets and associated assets in a state of good repair so they are clean, safe and aesthetically pleasing for all users). FISCAL IMPACT Funds are available in the following account for the specified years of the initial term: Accounting Unit FY 16/17 PRCSA Special Projects (no. 05013018-66200) $50,000 Jeannie Jurado Acting Executive Director Parks, Recreation and Community Services Agency EXHIBIT: 1. Agreement APPROVED AS TO FUNDS AND ACCOUNT: Franbi6co Gutierrez Executive Director ZV Finance and Management Services Agency 25G-2 CONSULTANT AGREEMENT THIS AGREEMENT made and entered into this 2151 day of February 2017, by and between NAZCA ENGINEERING CONTRACTORS, INC., a California corporation (hereinafter "Consultant"), and the CITY OF SANTA ANA, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of engineering and structural repairs. B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terns and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall provide engineering and structural repair services at prevailing wages at Angels Park as set forth in Exhibit A and A-1 (the "Project"), attached hereto and incorporated herein by this reference. Consultant shall deliver to City all work product resulting from the services provided. Said work product shall be submitted in a hard copy and in a form compatible with City's computer system, as agreed between the Executive Director and Consultant. In regard to copyrightable material produced as a deliverable under this Agreement, including but not limited to books, reports, plans, photographs, drawings and computer programs, Consultant agrees and shall ensure that all of Consultant's affected officers, employees, agents, contractors, and volunteer workers agree that (a) other such material may not be copyrighted without prior review from the City, and (b) the authors of all such material, whether copyrighted or not, award to the City, and to its officers, agents and employees acting within the scope of their official duties, as a condition of payment to the Consultant, a royalty - free, nonexclusive, irrevocable license throughout the world for govermnental purposes to disclose, publish, translate, reproduce, and use such materials. LOV�S 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept Fifty Thousand Dollars ($50,000.00) as payment for its services asset forth in Exhibit A. Said compensation includes a contingency of $5,520.00 only to be used after written request by Consultant to )executive Director setting forth the circumstances substantiating the need to use the contingency amount. b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on the elate first written above and terminate on December 31, 2017, or completion of the Project, whichever is earlier, unless terminated earlier in accordance with Section 12, below. The term of this Agreement may be extended upon a writing executed by the City Manager and the City Attorney. INDEPENDENT CON'T'RACTOR Consultant shall, during the entire term of this Agreement, be construed to be ail independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. INSURANCE Prior to undertaking performance of work wider this Agreement, Consultant shall. maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain eormnercial general liability insurance which shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amorist of $1,000,000 per occurrence, and $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional 2 20U-4 insured(s); (b) be primary and not contributory with respect to insurance or self-insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. b. Worker's Compensation Insurance. hi accordance with the provisions of Section 3300 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. c. Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim,, subject to $1,000,000.00 aggregate. d. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii,) Certificates and policies shall state that the policies shall not be canceled. or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. e, If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Consultant's right to be paid for, its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. ,�A11]BILI101101CiMEI Consultant agrees to and shall indetunify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the direct or indirect operations of the Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special 3 :t t counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any infonnation that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 8. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 9. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Cleric of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Facsimile: (714) 647-6956 Copies to: Executive Director of Parks, Recreation & Community Services Agency City of Santa Ana. 20 Civic Center Plaza (M-75) 4 296-`6 P.O. Box 1988 Santa Ana, California 92702 Facsimile: (714) 571-4221 City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 Facsimile: (714) 647.6515 To Consultant: Naka Engineering Contractors, Inc. Nader Alex 1Cazemi, Principal Engineer, CEO P.O. Box 54442 Irvine, California 92619 Phone: (949)295-7578 Facsimile: (949) 679-0600 A party may change its address by giving notice in writing to the other party. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above, If sent by telefacsimile, connnunieation shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these timeframes, weekends, federal, state, County or City holidays shall be excluded. 10. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate either Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been rnade by any party, or anyone acting on behalf of any party, which are not embodied herein. 11. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assigrunent, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement 5 :ft_ / shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 12. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless ,prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 13. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 15. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. Y6 2�V 16. MISCELLANEOUS PROVISIONS a, Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective patties to each of the terms of this Agreement, and shall indemnify City frilly, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if ftilly set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM; SONIA R. CARVALHO City Attorney Lisa Storck Assistant City Attorney RECOMMEND APPROVAL: CITY OF SANTA ANA GERARDO MOUET Acting City Manager NAKA ENGINEERING CONTRACTORS Nader Alex Kazemi, M.S. Chief Executive Officer Jeannie Jurado, Acting Exec. Director Tax ID# Parks, Recreation & Community Services Agency IMA EXHIBIT A SCOPE OF WORK Angels Community Park 914 West Third Street Santa Ana, CA 92702 For this location the following should be listed for a bid to be considered responsible and responsive for restroom structural repairs at prevailing wages at Angels Community Park restroom: 1. Remove and replace 4" stud wall 44'-0"x6'-8". Apply stucco on both sides. Refer to Drawing A-2 and A-3. 2. Replace wood siding with stucco. Refer to Drawing A-2 and A-3. 3. Replace any damaged wood members. 4. Apply rolled/torched-down roofing. 6. Painting of the stucco, doors and screens. 6. Protect in place existing plumbing equipment. 7. Protect in place existing electrical equipment. 8. Protect in place existing doors. 9. Perform lead-based paint testing and any necessary abatement. 10. Perform asbestos testing and any necessary abatement. 11. Install temporary fence around work site. 12. Maintain work area, equipment and materials free of graffiti. 13. Obtain necessary permits, if required. 8 26 9 m 2 5 ,F,AUibiLj� -12 40 2 5 ,F,AUibiLj� -12 t ^ z \� � �\\ \\ \ � >� IM \\} \ » - � - � - - 2W-43 25G-14