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HomeMy WebLinkAboutContracts & Agreements_85-2017 AGREEMENT TO PERFORM PROFESSIONAL SERVICES This agreement for the provision of Chief Building Official Services, plan review, building inspection and CAPs consulting services ("Agreement") is made and entered in this 16`E' day of May, 2017 ("Effective Date"), by and between the City of Redlands, a municipal corporation ("City)" and Willdan Engineering, a California corporation("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 1 --ENGAGEMENT OF CONSULTANT 1 1 City hereby engages Consultant to provide plan review, building inspection, Building Official and CAPs consulting services for City (the "Services") 1 2 The Services shall be performed by Consultant in a professional mariner, 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 1 3 The term of this Agreement is July 1, 2017 through June 30, 2018 (the "Initial Term") The City shall have the option to extend the Initial Term of this Agreement by one (1) additional one-year term (the "Extended Term"), on the same terms and conditions, by providing written notice to Contractor at least thirty (30) days prior to the expiration of the Initial Term The Initial Term and the Extended Term are together referred to herein as the "Term " 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 the 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 32 City designates James Troyer, Development Services Department 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 1 I Icaldjm\Agreements\Wi11dan Engineering Agreement 2017 docx ARTICLE 4—PERFORMANCE OF SERVICES 41 Consultant shall perform and complete the Services in a prompt and diligent manner in accordance with the schedule set forth in Exhibit"B," entitled "Services Schedule," which is attached hereto and incorporated herein by this reference 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 Two hundred fifty thousand Dollars ($250,000) per year City shall pay Consultant on a time and materials basis up to the not to exceed amount, based upon the hourly rates shown in Exhibit"C," entitled "Rate Schedule," which is attached hereto and incorporated herein by this 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 project City shall pay Consultant no later than thirty (3 0) days aftei receipt and approval by City of Consultant's invoice 53 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, (n)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 Citv of Redlands Consultant James Troyer, Director James M Guerra Development Services Willdan Engineering City of Redlands 650 Hospitality Lane, Suite 250 P O Box 3005 San Bernardino, CA 92408 Redland, CA 92373 Such addresses may be changed by notice to the other Party given in the same mannei as provided above 2 I ka\djmlAgreementsM11dan Engineering Agreement 2017 docx 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 prior to commencement of the Services Insurance policies shall include a provision prohibiting cancellation of the policy except upon thirty (30) days prior written notice to City, ten (10) days' notice if cancellation is due to nonpayment of premium 62 Consultant shall secure and maintain Workers' Compensation and Employer's Liability insurance in accordance with the laws of the State of California, with an insurance carrier acceptable to City as described in Exhibit"D," 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 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 and Two Million Dollars ($2,000,000) annual aggregate 65 Consultant shall have 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 the 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 and negligent act, omission or failure to act by Consultant, its officers, employees and agents in performing the Services ARTICLE 7 —CONFLICTS OF INTEREST 71 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 of any other source of 3 11ca\djm\Agreements1Wi11dan Engineering Agreement 2017 docx income, interest in real property or investment that would be affected in any mannei 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 a designated employee within the meaning of the Political Reform Act because Consultant A Serves in a staff capacity with City and, in that capacity, participates in making a governmental decision or otherwise performs 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 Consultant shall be responsible for disclosure of its financial interests as required by law, and Consultant shall complete and file a Fair Political Practices Commission Form 700, Statement of Economic Interests, as required by law, 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 of 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 8 3 Project related documents, 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 Neithei 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, of on behalf of City Consultant shall have no authority, express or implied,to act on behalf of City in any capacity 4 I kaldJmlAgreementsM11dan Engineering Agreement 2017 doer whatsoever as an agent, nor shall Consultant have any authority, express or implied,to bind City to any obligation 85 This Agreement may be terminated by City, in its sole discretion, by providing ten(10) days prior written notice to Consultant (delivered by certified mail, return receipt requested) 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 foi Services completed up to the date of termination 86 Consultant shall maintain boobs, 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 longei 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 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 89 If one of 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 5 1 1ca\djm\Agreements\Wi11dan Engineering Agreement 2017 docx IN WITNESS WHEREOF, duly authorizes representative of the City and Consultant have signed in confirmation of this Agreement CITY OF REDLANDS WILLDAN ENGINEERING ByG .� By, Paul W Foster, Mayor aniel Chow President ATTEST kradhe Donaldson, City Clerk 6 I 1caldjm\Agreements\Wfl1dan Engmeermg Agreement 2017 docx Exhibit "A" Scope of services Consultant will provide California Building Standards Code construction inspection, plan review and consulting services on an as needed basis Such consulting shall include reviews for Title 24, Part 2 (budding), Part 2 5 (residential), Part 3 (electrical), Part 4 (mechanical), Part 5 (plumbing), Part 6 (energy), and Part 11 (green building standards) as may be amended by the city's municipal code and the State The selected firm(s)must also be able to provide Certified Access Compliance Specialists(CASA)services as defined by Government Code section 4459 5 on an as needed basis 7 11ca\djm\Agreements\Wi[]dan Engineering Agreement 2017 docx Exhibit "B" Services Schedule Consultant shall, upon request by City, will be responsible for completing all tasks within the time frames identified by the Development Services Director Examples of duties may include but are not limited to the following a When notified services are needed,pick up plans at the City's One Stop Permit Center or provide an equivalent method to receive plans b Review plans for code compliance and return thein within the timeframe requested, generally 10 business days for new submittals and 5 business days for resubmittals measured from the day of initial notification c Be able to provide expedited plan review in shortened timeframes when requested to do so by the city If there is an increased cost to the city for expedited review, that fee shall be identified in the fee proposal d Certain plans identified by the city may only require review for specific issues, for example, structural requirements only or access compliance features only Such reviews shall adhere to the same timeframes as for a complete review e Return plans to the city with a list of corrections required of approved and stamped "Reviewed for code compliance" with the reviewers and firm's name shown on the plan f Provide a CASP available for phone consultation within one business day When requested to do so, provide a CASP inspector onsite within 5 business days g The successful firm may also have the capability to provide qualified building inspectors on an as needed basis h Provide a dedicated contract City Building Official to serve a minimum of 10 but not to exceed 20 hours a week Requests for service will be made by email or phone, or both 8 I lcaWjm\Agreements\WElldan Engineering Agreement 2017 doca Exhibit "C" Rate Schedule SERVICE FEE/TYPE Building Plan Review 75%of fee collected by the City Building Plan Review—Hourly $120/hour--Plan Check Engineer $110/hour—Plans examiner Inspection $ 85/hour CASA Services $110/hour Interim Building Official Services $120/hour Permit Counter Technician $55/hour Code Enforcement $60/hour 9 11ca\djm\Agreements\Wi1ldan Engineering Agreement 2017 doex Exhibit"D" 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 in one or more insurer 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 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 of this Agreement (Labor Code §186 1) WILLDAN ENGINEERING By �j! Dame Chow Date President 10 I 1ca\djm\Agreements\Wi11dan Engineering Agreement 2017 docx