HomeMy WebLinkAboutContracts & Agreements_28-2017 AGREEMENT TO PERFORM PROFESSIONAL SERVICES
This agreement for the provision of construction management and inspection services at
the Redlands Municipal Airport ("Agreement") is made and entered in this 6th day of February,
2017 ("Effective Date"), by and between the City of Redlands, a municipal corporation ("City")
and Parsons Brinckerhoff ("Consultant") City and Consultant are sometimes individually
referred to herein as a "Party" and, together, as the "Parties" In consideration of the mutual
promises contained herein, City and Consultant agree as follows
ARTICLE I —ENGAGEMENT OF CONSULTANT
1 1 City hereby engages Consultant to provide construction management and inspection
services at the Redlands Municipal Airport for City's Quality of Life Department (the
"Services")
12 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
21 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
22 Consultant shall comply with applicable federal, state, and local laws and regulations in
the performance of this Agreement including,but not limited to State prevailing wage laws
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
32 City designates Chris Boatman, Quality of Life 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 coordination with RB Development, City's
contractor conducting work related to the Airport Light and Signage Project The Services
shall commence within ten (10) days of the Effective Date of this Agreement or at a later
date, based on the final construction schedule, with prior written notice by City to
Consultant to commence the Services Consultant shall complete the Services at the time
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of the completion of Airport Light and Signage Project by RB Development, unless
lengthened by the City
42 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 City
Council adopted policy for the same It shall be the obligation of Consultant to obtain a
copy of such policy from City Staff
ARTICLE 5 —PAYMENTS TO CONSULTANT
5 1 The total compensation for Consultant's performance of the Services shall not exceed the
amount of Eighty Three Thousand One Hundred Sixty Eight Dollars ($83,168) City shall
pay Consultant on a time and materials basis up to the not to exceed amount, in accordance
with Exhibit "B" entitled "Project Costs and Hourly Rates," which is attached hereto and
incorporated herein by reference
52 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 Services 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
Christopher Boatman, Director Richard Walker, Area Manager
Quality of Life Department Parsons Brinkerhoff
City of Redlands 415 E Vanderbilt Way
35 Capon Street, Suite 222 San Bernardino, CA 92408
PO Box 3005 (mailing)
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
provide City with certificates of insurance and endorsements evidencing such insurance
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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.
62 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
63 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
64 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
65 Consultant shall secure and maintain business auto liability coverage,with minimum limits
of One Million Dollars ($1,000,000) 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
66 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
72 Consultant agrees it is not a designated employee within the meaning of the Political
Reform Act because Consultant
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A Does not make a governmental decision whether to
(i) approve a rate, rule or regulation, or adopt or enforce a City law,
(ii) issue, deny, suspend or revoke any City permit, license, application,
certification, approval, order or similar authorization or entitlement,
(iii) authorize the City to enter into, modify or renew a contract,
(iv) grant City approval to a contract that requires City approval and to which
City is a party, or to the specifications for such a contract,
(v) grant City approval to a plan, design, report, study or similar item,
(vi) adopt or grant City approval of,policies, standards or guidelines for City or
for any subdivision thereof
B Does not serve in a staff capacity with City and in that capacity, participate in
making a governmental decision or otherwise perform the same or substantially the
same duties for City that would otherwise be performed by an individual holding a
position specified in City's Conflict of Interest Code under Government Code
section 87302
73 In the event City determines that Consultant must disclose its financial interests,Consultant
shall complete and file a Fair Political Practices Commission Form 700, Statement of
Economic Interests, with the City Clerk's office pursuant to the written instructions
provided by the City Clerk
ARTICLE 8 —GENERAL CONSIDERATIONS
8 1 In the event any action is commenced to enforce or interpret any of the terms 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
82 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
83 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
84 Consultant is for all purposes under this Agreement an independent contractor and shall
perform the Services as an independent contractor Neither City nor 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
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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
85 Unless earlier terminated as provided for below, this Agreement shall terminate upon
completion of the Services by Consultant and written notice by City to Consultant of City's
acceptance of the Services 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, design calculations,
drawings, specifications, reports, estimates, 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
86 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
87 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
88 This Agreement shall be governed by and construed in accordance with the laws of the
State of California
89 If one or more of the sentences,clauses,paragraphs or sections contained in this Agreement
is declared invalid, void or unenforceable by a court of competent jurisdiction, the same
shall be deemed severable from the remainder of this Agreement and shall not affect,
impair or invalidate the remaining sentences, clauses, paragraphs or sections contained
herein, unless to do so would deprive a Party of a material benefit of its bargain under this
Agreement
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IN WITNESS WHEREOF, duly authonzed representatives of City and Consultant have signed
in confirmation of this Agreement
CITY OF REDLANDS Parsons Bnnckerhoff
B By(:JCO
Y /�
Paul w Foster, Mayor Richard Walker,Area Manager
Attest
J e Donaldson, City Clerk
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EXHIBIT "A"
SCOPE OF SERVICES
Construction Phase
This phase includes all services rendered after the award of a construction contract
1 Provide consultation and advice to the sponsor during all phases of construction
2 Represent the sponsor at preconstruction conferences
3 Inspect work in progress and provide mandated weekly and monthly reports to the sponsor and
the FAA
4 Review and approve shop drawings submitted by contractors for compliance with design
concept/drawings
5 Review, analyze, and accept laboratory and mill test reports of materials and equipment
6 Assist in the negotiation of change orders and supplemental agreements
7 Observe or review performance tests required by specifications
8 Determine amounts owed to contractors and assist sponsors in the preparation of payment
requests for amounts reimbursable from grant projects
9 Make pre-final inspections and submit punch-lists and a report of the completed project to the
sponsor
10 Review operations and maintenance manuals
Protect Closeout Phase
This phase includes all services rendered after the completion of a construction contract
1 Make final inspections and submit punch-lists and a report of the completed project to the
Sponsor
2 Provide record drawings
3 Prepare summary of material testing report
4 Prepare summary of project change orders
5 Prepare grant amendment request and associated justification, if applicable
6 Prepare final project reports including financial summary
7 Obtain release of liens from all contractors
Additionally, Parsons Brinckerhoff will assist the City in determining whether the contractor is in
compliance with certified payroll requirements for federal projects, and evaluate DBE requirements and
compliance with the Buy-America Act requirements of the contract
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875, 5158 8l?`., 513:, 514< l
Construction Management 1 o- ► 241 641 121 701 01 4021 672
0 1.0 PreCon$i;ruction Phase $
1 1 Submittallikeview&Approval 1 I I 1 81 1 41 1 1 21 141 $ 1890
a� O0 2.0 Construction Phase I I I I I I I I I 1 1 $ rte+
2.1 Construction Management 1 1 81 201 81 101 1 1 1 46 $ 7 050 00
2.2 Project Meetings 81 201 i i i 1 1 28 $ 5,200.00CCDD
2.3 Inspection 400 400 $ 57,20D.00 I+I
g 2.5 Review/Approval Pay Requests 81 8 16 $ 1,944.00
2.6 Labor Compliance 1 I f J J 41 161 1 1 1 20 $ 1,860.00
V 2.71Document Control I I I I I 1 161 1 1 16 $ 1360.00
3.0 Project Closeout I I J I J I I I I I I
31 1 Project Audit I I 1 41 1 1 81 1 1 1 121 $ 1 700.00 �
0 3.2 1Closeout report I1 41 81 1 81 1 1 201 $ 2.964.00
ODCS 01 $ 200000 $ 2.000.00
I �
Tata) 24 641 121 701 1 01 4021 5721 TOTAL IS 83168.00
EXHIBIT "C"
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 become due to his or her employees
CHECK ONE
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
commencing the performance of the work and activities required or permitted under this
Agreement (Labor Code §1861.)
I 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 become subject to the
workers' compensation laws of California However,at any time, if I employ 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
Parso kerhoff Date
1
By a
Richard Walker
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