HomeMy WebLinkAboutContracts & Agreements_215-2016 AGREEMENT TO PERFORM PROFESSIONAL SERVICES
This agreement for the provision of interim planning staff ("Agreement") is made and
entered in this 11th day of October, 2016 ("Effective Date"), by and between the City of
Redlands, a municipal corporation ("City)" and Willdan Engineering ("Consultant"). City and
Consultant are sometimes individually referred to herein as a "Party" and, together, as "Parties."
In consideration of the mutual promises contained herein, City and Consultant agree as follows:
ARTICLE 1 —ENGAGEMENT OF CONSULTANT
1.1 City hereby engages Consultant to provide interim planning staff to provide land use and
planning services (the "Services").
1.2 The Services shall be performed by Consultant in a professional manner, and Consultant
represents that it has the skill and the professional expertise necessary to provide the
Services to City at a level of competency presently maintained by other practicing
professional Consultants in the industry providing like and similar types of Services.
ARTICLE 2--SERVICES OF CONSULTANT
2.1 The Services that Consultant shall perform are more particularly described in Exhibit
"A," entitled "Scope of Services," which is attached hereto and incorporated herein by
reference, and shall include the provision of an interim Senior Planner for twenty (20)
hours per week at a rate of$146.00 per hour and an interim Assistant Planner for twenty
(20) hours per week at a rate of$118.00 per hour.
2.2 Consultant shall comply with applicable federal, state and local laws and regulations in
the performance of Services.
ARTICLE 3 —RESPONSIBILITIES OF CITY
3.1 City shall make available to Consultant information in its possession that may assist
Consultant in performing the Services.
3.2 City designates .lames Troyer, Interim Development Services Director, as City's
representative with respect to performance of the Services, and such person shall have the
authority to transmit instructions, receive information, interpret and define City's policies
and decisions with respect to performance of the Services.
ARTICLE 4—PERFORMANCE OF SERVICES
4.1 Consultant shall perform and complete the Services in a prompt and diligent manner in
accordance with the schedule set forth in Exhibit"B," entitled "Project Schedule," which
is attached hereto and incorporated herein by reference. The Services shall commence
within three (3) days of the Effective Date of this Agreement.
4.2 If Consultant's Services include deliverable electronic visual presentation materials, such
materials shall be delivered in a form, and made available to the City, consistent with
1:1ca1djm\AgreementslWi11dan 10.17.16.doc 1
City Council adopted policy for the same. It shall be the obligation of Consultant to
obtain a copy of such policy from City Staff.
4.3 During the term of this Agreement, City may request that Consultant perform Extra
Services. As used herein, "Extra Services" means any work that is determined necessary
by City for the proper completion of the Services, but which the Parties did not
reasonably anticipate would be necessary at the time of execution of this Agreement.
Provided the Extra Services do not exceed twenty percent (20%) of the compensation to
be paid by City to Consultant for the Services, such Extra Services may be agreed to by
official in accordance with Chapter 2.16 of the Redlands Municipal Code. Consultant
shall not perform, nor be compensated for, Extra Services without such written
authorization from City.
ARTICLE 5 _..PAYMENTS TO CONSULTANT
5.1 The total compensation for Consultant's performance of the Services shall be in the
amount of Twenty Thousand Dollars ($20,000). City shall pay Consultant on a time and
materials basis up to the "not to exceed amount" in accordance with Exhibit B
5.2 Consultant shall submit monthly invoices to City describing the Services performed
during the preceding month. Consultant's invoices shall include a brief description of the
Services performed, the dates the Services were performed, the number of hours spent
and by whom, and a description of reimbursable expenses related to the project. City
shall pay Consultant no later than thirty (30) days after receipt and approval by City of
Consultant's invoice.
5.3 Any notice or other communication required, or which may be given, pursuant to this
Agreement, shall be in writing. Any such notice shall be deemed delivered (i) on the date
of delivery in person; (ii) five (5) days after deposit in first class registered mail, with
return receipt requested; (iii) on the actual delivery date if deposited with an overnight
courier; or (iv) on the date sent by facsimile, if confirmed with a copy sent
contemporaneously by first class, certified, registered or express mail; in each case
properly posted and fully prepaid to the appropriate address set forth below, or such other
address as a Party may provide notice in accordance with this section:
City Consultant
James Troyer Salvador Lopez Jr.
Interim Development Services Director Director of Planning
City of Redlands Willdan Engineering
35 Cajon Street, Suite 200 13191 Crossroads Parkway North, Suite 405
P.O. Box 3005 (mailing) Industry, California 91746
Redlands, CA 92373
ARTICLE 6—INSURANCE AND INDEMNIFICATION
6.1 Insurance required by this Agreement shall be maintained by Consultant for the duration
of its performance of the Services. Consultant shall not perform any Services unless and
until the required insurance listed below is obtained by Consultant. Consultant shall
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provide City with certificates of insurance and endorsements evidencing such insurance
prior to commencement of the Services. Insurance policies shall include a provision
prohibiting cancellation or modification of the policy except upon thirty (30) days prior
written notice to City.
6.2 Workers' Compensation and Employer's Liability insurance in the amount that meets
statutory requirements with an insurance carrier acceptable to City, or certification to
City that Consultant is self-insured or exempt from the workers' compensation laws of
the State of California. Consultant shall provide City with Exhibit "C," entitled
"Workers' Compensation Insurance Certification," which is attached hereto and
incorporated herein by this reference.
6.3 Consultant shall secure and maintain comprehensive general liability insurance with
carriers acceptable to City. Minimum coverage of One Million Dollars ($1,000,000) per
occurrence and Two Million Dollars ($2,000,000) aggregate for public liability, property
damage and personal injury is required. City shall be named as an additional insured and
such insurance shall be primary and non-contributing to any insurance or self-insurance
maintained by City.
6.4 Consultant shall secure and maintain professional liability insurance throughout the term
of this Agreement in the amount of One Million Dollars ($1,000,000) per claim made and
Two Million Dollars ($2,000,000) annual aggregate.
6.5 Consultant shall have business auto liability coverage, with minimum limits of One
Million Dollars per occurrence, combined single limit bodily injury liability and property
damage liability. This coverage shall include all Consultant owned vehicles used in
connection with Consultant's provision of the Services, hired and non-owned vehicles,
and employee non-ownership vehicles. City shall be named as an additional insured and
such insurance shall be primary and non-contributing to any insurance or self insurance
maintained by City.
6.6 Consultant shall defend, indemnify and hold harmless City and its elected officials,
employees and agents from and against any and all claims, losses or liability, including
attorneys' fees, arising from injury or death to persons or damage to property occasioned
by any negligent act or omission by, or the willful misconduct of, Consultant, or its
officers, employees and agents in performing the Services.
ARTICLE 7—CONFLICTS OF INTEREST
7.1 Consultant covenants and represents that it does not have any investment or interest in
any real property that may be the subject of this Agreement or any other source of
income, interest in real property or investment that would be affected in any manner or
degree by the performance of Consultant's Services. Consultant further covenants and
represents that in the performance of its duties hereunder, no person having any such
interest shall perform any Services under this Agreement.
7.2 Consultant as a designated employee under the City's conflict of interest code shall
comply with all filing and other requirements of the California Political Reform Act and
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shall be solely responsible therefore and shall defend and indemnify City for Consultant's
failure to do so.
ARTICLE 8—GENERAL. CONSIDERATIONS
8.1 In the event any action is commenced to enforce or interpret any of the terns or
conditions of this Agreement the prevailing Party shall, in addition to any costs and other
relief, be entitled to the recovery of its reasonable attorneys' fees, including fees for the
use of in-house counsel by a Party.
8.2 Consultant shall not assign any of the Services, except with the prior written approval of
City and in strict compliance with the terms and conditions of this Agreement.
8.3 Records, drawings, designs, cost estimates, electronic data files, databases and any other
documents developed by Consultant in connection with its performance of the Services,
and any copyright interest in such documents, shall become the property of City and shall
be delivered to City upon completion of the Services, or upon the request of City. Any
reuse of such documents, and any use of incomplete documents, shall be at City's sole
risk.
8.4 Consultant is for all purposes under this Agreement an independent Consultant and shall
perform the Services as an independent Consultant. Neither City nor of its agents shall
have control over the conduct of Consultant or Consultant's employees, except as herein
set forth. Consultant shall supply all necessary tools and instrumentalities required to
perform the Services. Assigned personnel employed by Consultant are for its account
only, and in no event shall Consultant or personnel retained by it be deemed to have been
employed by City or engaged by City for the account of, or on behalf of City. Consultant
shall have no authority, express or implied, to act on behalf of City in any capacity
whatsoever as an agent, nor shall Consultant have any authority, express or implied, to
bind City to any obligation.
8.5 Unless earlier terminated as provided for below, this Agreement shall terminate upon
completion and acceptance of the Services by City; provided, however, this Agreement
may be terminated by City, in its sole discretion, by providing not less than five (5) days
prior written notice to Consultant of City's intent to terminate. If this Agreement is
terminated by City, an adjustment to Consultant's compensation shall be made, but (1) no
amount shall be allowed for anticipated profit or unperformed Services, and (2) any
payment due Consultant at the time of termination may be adjusted to the extent of any
additional costs to City occasioned by any default by Consultant. Upon receipt of a
termination notice, Consultant shall immediately discontinue its provision of the Services
and, within five (5) days of the date of the termination notice, deliver or otherwise make
available to City, copies (in both hard copy and electronic form, where applicable) of
project related data, drawings, specifications, reports, summaries and such other
information and materials as may have been accumulated by Consultant in performing
the Services. Consultant shall be compensated on a pro-rata basis for Services completed
up to the date of termination.
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8.6 Consultant shall maintain books, ledgers, invoices, accounts and other records and
documents evidencing costs and expenses related to the Services for a period of three (3)
years, or for any longer period required by law, from the date of final payment to
Consultant pursuant to this Agreement. Such books shall be available at reasonable times
for examination by City at the office of Consultant.
8.7 This Agreement, including the Exhibits incorporated herein by reference, represents the
entire agreement and understanding between the Parties as to the matters contained
herein, and any prior negotiations, written proposals or verbal agreements relating to such
matters are superseded by this Agreement. Except as otherwise provided for herein, any
amendment to this Agreement shall be in writing, approved by City and signed by City
and Consultant.
8.8 This Agreement shall be governed by and construed in accordance with the laws of the
State of California.
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IN WITNESS VVE-rEREOI=, duly arithorized representatives of City and Consultant have signed
in confirmation of this Agreement,
CITY AND COMPA
M
y. - y: -1 �
Kll
Enriq e rtinez Ci eager Sal ador° Lopez.Irct
., Direor of Planning
ATTI=BST:
SaSar i,,, lily Clerk
[:1c;arldjm'tiA i,eeriierrts\Wwlldaari 10.17.96.doc
J„
City I
EXHIBIT"A"
Additional Information
It is our understanding that the City of Redlands is seeking a properly qualified firm to augment the
department'sin-house staff by providing planning services on an"as-needed" basis,The selected firm will
be responsible for providing a full range of planning services such as project management, entitlement
processing, environmental review, and related tasks. The successful planning firm must be able to offer
experienced Senior level planners to the City,to provide the requested planning services.
As the need for assistance arises on a project-by-project basis, WVilldan's Project Manager/Services
Coordinator will consult with the City's Director of Planning and will be responsible for managing all
services to the City. WWilldan's assigned planner will report directly to the Director of Planning and will not
be reassign ed/re pi aced without prior written approval.
The team of planners to be offered to the City must possess strong project management, analytical and
writing skills and be knowledgeable of municipal planning operations and the regulatory framework
involved in entitlement processing and environmental review in the state of California. They must also
exhibit a strong customer service attitude and be diplomatic, responsive, creative, professional, and
accountable for their interactions with the public, staff, the City Council and other elected and/or
appointed officials.The planners assigned to the City can be available to work in City hall on a part-time
basis when required.
it is with this understanding of the assignment that Will'dan has submitted this proposal and chosen the
team of planners'identified herein to provide the contract planning staff services being sought by the City
of Redlands.
SCA 'Ser"Vic s
Willdan stands ready to provide all of the services identified in the City's Scope of Services contained in
the RFP. This list of services is comprehensive and includes all tasks associated with the processing of a
full range of land use entitlements, preparing and/or processing necessary CEQA environmental
documentation for private development and City sponsored projects, and performing general
administrative functions associated with the day-to-day operation of municipal planning departments.
WWilidan is also capable to provide a broad range of advance planning services, if requested. Specifically,
WWilldan staff will:
® Provide general planning-related development review and project management services to the City on
a ease-by-case basis.
Review and analyze development applications submitted to the City, includling Specific Plans, Site
Development Permits,Tract Maps, and Conditional Use Permits..
Prepare environmental review documents, as needed.
Create presentations for City Council, Planning Commission, and the Architecture and Landscaping
Review Board and present, upon request.
Write staff reports„ and prepare conditions of approval with associated resolutions.
Coordinate with applicants and schedule meetings, as needed.
When required, be present at City Miall and hold regular office hours as agreed upon by staff and
Consultant.
l Organize and maintain planning files at City full.
Use the Rlubeam Revu Standard software for electronic review of plans and maps.
i.'
COMPREHENSIVE.
INNOVATIVE, Proposal to ProOde Contract Planning State 2.8
TRUSTED.
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City ofa lan
r EXHIBIT
Fee RatesI
. C1
�� vx WILLl7AN ENGINEERING
c edule cif Dourly Rates,
1,2016 to Jun .2U47( tMYN
is NINE=
� w . 'irla�a,�yeJtr�r a
lid
echnical Aide 1 60.00 Assistant Cade Enforcement officer 79.00 Public Works Cnbserver I* 83.00
i, Technical AMO 11 77"` Plans Exerniner Aide eszo public Works observer 11* 91.00
TechnlcalAlde 111 95.00 Assistant Construction Permit 95.E Senior Public Works Observer I" 99.00
Specialist
I
r;
Drafter 96OSp" SeniorPublicsdVarksDbsenier]I* 110.0
ConstraacRloil permit Speciallst 90,00
Drafter I I 112.00 ! Senior Public Works Observer Ill* 119 00
Cade Enforcement[officer 90.00
Sanlor Drafter 124.00: Senlor Poblic Works 060"ve'r ill 126,40
GIS Analyst 1 129.00 Aids ntli EnforcementioCMficer 112.00 Observer V* 134,00
GiS J?,riaiy�t pi 146.00 Senior CarlstrucCiari Permit 7,00 5enfar Public Works
GIS Analyst Ili 160.E p 112.00
S ialist Survey l 112.00
pslgnerd "929.0 5uporwgsingrnstruc€ionPerrndt SurvcyAnalysRB 129,00
Dezlgrreril 134.00 S alist 111.00
Calculator I 132.00
Senior Dasdge141.00g lmpekarrri
11,8,00
CaEcul®tar 11 124,00
Senior Designer II 148.00 Supervisor Cade Enforcement 129.00 Calculator 911' 135 00
slalarrt Engineer i 102.110 Senl6lriuliding)ry`apextar 129.00 Sednlor Survey Anall 146,66
Assistant Engineer I1 122.00 Plans Examiner 129.00 Supervisor-Survey&Mapping
165.00
As
sistant En�lneer Ill 12a.ai1 5UPC'hslnfd"8ulIII Inspector 141.00 F±rVnr 1prq reject Man ger is2,tr0
Assistant Engineer IV 139.00 Senior Plans Examiner 155.00
Asscclate EngIneer l 135.00 Inspectarr a�'F Record 155.00Tr��
AssociateEngineerll 142.00 De ut Buildin official 155.00 P y 8
I Assocl "EngIneer111 149,1147 Plan Chea Engineer 155.00 Planning7echnician 95,00
Design Manager 151.00 Building Official 160.00 Assistant Planner 118.00
Senior Oestgm Manager 157J70 Supervising plan Check Engineer 160.00 Assistant Community DevelopmentSenior Engineer 1 152.00 Principal Project Manager 192.00 Planner 118.00,
Senior Engineer ll 195,()0 p,puty Director 20200 Associate Community Development
129J7gq
#
Senior Engineerilli 161,00 Director 205.d0 Planner
Scalar Engineer IV 174:04 Associate Planner 129A0
Supeawgsing Engineer 178.Of7 Labor Compliance S �semen 6ommumlty Development >
p Specialist 107.E 146 Dt�
11 1 Rlainner`
Prssj+xbt Mrnegcr i 1 e:00, <1ablor Osm'pliance h4an ger 134.00
Project Manager Il 158.00 Senior Planner 146.00
Utility Coordinator 141.00
lorinclpal Community 1lreveloprveent
Prcljatt Marugcr III is.0,0 Aspistent Catrstructtezn Managee 134'06 Pltinrnet;" 160 00'
Project Manager IV 192.00 Construction Manager 157.00 Princtpaq Planner 160.00
��� ProgramMsneger 197.00, UMii hnstruetirin Manager 165.101 Deputy,Director 202,00
Traffic Engineer I 176.00 Project Manager IV 192.00 Director 205.00
TradYlcnglneer 11 192.00 poyDingctcr: x02.04
City EngIneer i 192.00
„ ,, Director 205.00 Administrative As istant i 70.00
CIRV Er4near ll �: - 202.o Atfmfmlatiettwe Assgstaria it 85:1 '
Principal Project Manager 192.00 Assistant Landscape Architect 112.00
Adistrative Assistant III 99.00
min
Deputy tliresiar - 2Qa7scrclate tlnds pd�ArchRect 129:00
ProjeeCAccauastepYt li 80.00
Director 205.00 Senior Landscape"Archl 141.00
Pi6clpel Engineer 223.00 Project Accountant 11 93.00
Printliaal 4ndso®pe Architect ,' 164.00
Project t4arutrolksr q 99,00
Prdnaapaq Project Manager 192.00 Preject Controi 11 112.00
Mtlamra naimbursamant will be charred at the currant Federal guideline rate at the time.of Moline,Vahk:as wild be charred at a monthly rata of S:r1Yp.00.
*
$138 Per hour Prat P avail Fara Project
Additional billing dassitlrations may be added le the above listing during the year as new posilons are created.Consultation In connection with
litigation and court appearances will be quoted separately,The above schedule is for straight time.Overtime will be charged at 1.5 times,and Sundays
and holidays,2.0 times the standard rates.tllueprinfdng,reproduction,messenger serr'oocs,and printing will be invoiced at cost plus fifteen percent
154E.A sub consultant management fee of fifteen
j 1 ge percent 11544)will toe added to the direct cast of all sub Consultant servicesto provide for the cast
of administration,consultation,and coordination.Val d July 1,2016 thru June 30.2017,thereafter,the:rates maybe raised'once per year to the value
of change of the Consumer Price Index forthe Los Angeles/OOrange County/Sacramento/San Prancdsco/San Jose area,but not more than five percent
per year.
I,
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1.1a'
COMPREHENSIVE.
pp(�
iNNOVATiVE, Proposal to Provide Contract Planning Staff 31
r(rra TRUSTED.
EXHIBIT VIVIT
WORKERS' COMPENSATION INSURANCE CERTIFICATION
Every employer, except the State, shall secure the payment of compensation in one or more of
the following ways:
(a) By being insured against liability to pay compensation by one or more insurers
duly authorized to write compensation insurance in this State.
(b) By securing from the Director of Industrial Relations, a certificate of consent to
self-insure, either as an individual employer, or as one employer in a group Of
employers, which may be given upon furnishing proof satisfactory to the Director
of Industrial Relations of ability to self-insure and to pay any compensation that
may becorne due to, his or her employees.
CHECK ONE
V I am aware of the provisions of Section 3700 of the Labor Code which requires every
employer to be insured against liability for Workers' Compensation or to undertake self-
insurance in accordance with the provisions of that Code, and I will comply with such provisions
before cornmencing the performance of the work and activities required or permitted Under this
Agreement. (Labor Code §I CiIj•
affirm that at all times, in performing the work and activities required or permitted under
this Agreement, I shall not employ any person in any manner Such that I becorne subject to the
workers' compensation laws of California. However, at any time, if I ernploy any person Such
that I become subject to the workers' compensation laws of California, immediately I shall
provide the City with a certificate of consent to self-insure, or a certification of workers'
compensation insurance.
I certify under penalty of perJury under the laws of the State of California that the information
and representations made in this certificate are true and correct,
Company Date:
By:
NAne
1:1ca\Lliiii1Agi-eeriieiits1Wilidan 10.17.16.doe 7