HomeMy WebLinkAboutContracts & Agreements_169-2017 AGREEMENT TO PERFORM PROFESSIONAL SERVICES
This agreement fox the provision of services associated with Alliant Consulting Inc
("Agreement") is made and entered in this July 21, 2017 ("Effective Date"), by and between the
City of Redlands, a municipal corporation ("City)" and Tait Enviromnental Services, Inc
("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 I City hereby engages Consultant to provide engineering and design services 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
3 2 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
41 Consultant shall perforin 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 ten(10) days of the Effective Date of this Agreement
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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 forty one thousand nine hundred sixty dollars ($41,960 00) City shall pay
Consultant on a time and materials basis up to the not to exceed amount, in accordance
with Exhibit "C" entitled "Project Costs and Hourly Rates " Exhibit "C" is attached
hereto and incorporated herein by this reference
52 1 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
53 Any notice of 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
ieturn receipt requested, (iii) on the actual delivery date if deposited with an overnight
couriei, or (iv) on the date sent by facsimile, if confirmed with a copy sent
contemporaneously by first class, certified, registered of 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
Chris Boatman, Director James D Streitz,-gC44-COO %,> 6,(1--e4 m�-,.7G
Quality of Life Department 701 Paikeenter Drive
City of Redlands Santa Ana, CA 92705
35 Capon Street, Suite 222
PO Box 3005 (mailing)
Redlands, CA 92373
Such addresses may be changed by notice to the other Party given in the same manner as
provided above
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 perforin 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
62 Workers' Compensation and Employer's Liability insurance in the amount that meets
statutory requirements with an insurance carrier acceptable to City, of certification to
City that Consultant is self-insured of exempt from the workers' compensation laws of
the State of California Consultant shall provide City with Exhibit "D," entitled
"Workers' Compensation Insurance Certification," which is attached hereto and
incorporated herein by this reference prior to performance of the Services
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 foi 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 fi•om and against any and all claims, losses of 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
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 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 furthei covenants and
represents that in the performance of its duties hereunder, no person having any such
interest shall perform any Services undei this Agreement
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72 Consultant agrees it is not a designated employee within the meaning of the Political
Reform Act because Consultant
A Does not make a governmental decision whether to
(i) approve a rate, rule or regulation, of adopt of 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 foi City
of foi any subdivision thereof
B Does not serve in a staff capacity with City and in that capacity, participate m
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 Cleik
ARTICLE 8 —GENERAL CONSIDERATIONS
8 1 In the event any action is commenced to enforce or interpret any of the terms of
conditions of this Agreement the prevailing Party shall, in addition to any costs and othei
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, of 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 foi all purposes under this Agreement an independent contractor and shall
perform the Services as an independent contractor Neither City not its agents shall have
control ovei the conduct of Consultant of Consultant's employees, except as herein set
4
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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 of personnel retained by it be deemed to have been
employed by City of 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 and acceptance of the Services by City This Agreement may be terminated
by City, in its sole discretion, by providing not less than five (5) days pmol 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
8 8 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 of unenforceable by a court of competent
jurisdiction, the same shall be deemed severable from the remamdei of this Agreement
and shall not affect, impair of 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 authorized representatives of City and Consultant have signed
in confirmation of this Agreement
CITY OF RE LANDS NAME > �n✓inrn�rr>� Ser�/1/�c�
/nC '
BY - - 41yManag
BY
nriqueM nee /JamesD Streitz, DO
Attest
J �Do,.Idson, City Clerk
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EXHIBIT "A"
SCOPE OF SERVICES
TAIT understands that the City of Redlands owns, and is responsible for, the Redlands Airport
We understand that there are various City departments that may have a stake in the proposed
project Based on the RFP, we expect that the Quality of Life Department will be the main point
of contact throughout the duration of this project
Upon award of the contract, we propose to lead a Project Kick-off meeting with the appropriate
City staff to assure a smooth beginning to the project We will introduce our team members,
discuss project schedules, review scope of work and obtain any available data fiom the City
records
TAIT intends to maintain close communication with the City throughout all phases of the work
We will compile and maintain a contact list of City staff that will be "kept in the loop" on all
correspondence Most communication will be in the form of email, as this method is a superior
method of tracking conversations, City direction, issues and their resolutions, and provides a
historical record of the project progress Most telephone conversations will be confirmed through
short emails Understanding the City's concerns, expectations, and goals for the project will
assure a successful outcome Also, responsiveness is key to a successful dialogue Answers to
requests for information from the City, regardless of the subject, will be diligently replied to,
most times within the same day
TAIT's approach to managing our operations, and the City's project, is relatively simple and
similar to how we will work together with the City staff We will maintain close communication
with all Tait staff team members so that everyone will have a clear understanding of their
respective responsibilities, and expectations Cost effectiveness and efficiency come from a
thorough understanding of the requirements, and "keeping it simple " Having provided similar
services for many Municipal customers over the years, we understand the importance of a
streamlined approach
TAIT understands the City is requesting engineering & design services for a self-service AvGas
fuel facility located at the westerly end of the airport, north of the next-to-the last hanger, south
of the runway The proposed systems will include the following
• One 12,000 gallon double wall tank, UL 2085 listed TAIT recommends a rectangular
shape (versus a cylindrical shape), as this allows more design flexibility in fitting
placement, a lower profile, and a more esthetic look
• One fuel dispensing and truck off-loading system TAIT recommends a combination unit,
enclosed within a stainless steel cabinet This dispensing package will incorporate all the
required filters, pumps, valves, hose reels, over-wing nozzle and truck connection in one
factory supplied, weather-tight unit
• Concrete foundation with containment curb to encompass the tank, piping, and fueling
cabinet
• Associated electrical (power, control, and monitoring)
• Guard posts for equipment protection
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• Digital/ electronic price sign with remote control/access capability
• Tank leak detection/level monitoring system
• Fuel management system (Fuel Masten)to integrate with current City system
After the initial meeting, TAIT proposes to perform a Topographic survey of the local project
area This survey will serve as the basis of the site plans, and will include all physical features,
buildings, pavement types and extents, visible utilities, and surface elevations surrounding the
area Concurrent with this activity, we will perform a complete area inspection and staff
interview to determine operational requirements, source of electrical power, proposed location of
monitoring system, etc
Based on the results of the previous work, we will begin the construction plans and documents
At a minimum, they will consist of the following
• Site plan with location of all majoi equipment and features, including the aboveground
storage tank, fueling cabinet, price sign, area light, containment curbs, aircraft fueling
and tank loading area
• Tank cross-section detail sheet with list of materials
• Tank foundation plan and details, including equipment anchoring
• Electrical site plan and details
• Miscellaneous details sheets (guard posts, light and sign foundations, equipment cut
sheets, etc)
• Grading plan (for storm water control)
Technical specifications in CSI format
• SpiIl Prevention Control and Countermeasures (SPCC) Plan (This task will occur near
the end of construction)
Upon City approval, the awarded contractor will submit for permits At a minimum, the
following agencies will be involved
• All required City Departments including Fire, Building, Quality of Life, Engineering,
Municipal Utilities, etc
• Southern California An Quality Management District(AQMD)
• San Bernardino County Fire
TAIT understands the City of Redlands will be responsible for the full-time construction
management and project oversite, including inspections, field testing, meetings, etc Therefore,
TAIT has not included these tasks in our scope of services However, limited services, as
requested by the City, can be performed on a time & materials basis, per our rate schedule (see
Exhibit C, Project Costs and Hourly rates) Probable services may include
• Assist with bid evaluations
• Review of contractor submittals
• Response to RFI's related to the fuel system construction
• Final project inspection (to facilitate punch list preparation)
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EXHIBIT B
PROJECT SCHEDULE
Week 1 —Kick-off meeting, field topo survey, site investigation (data gathering)
Week 2—Begin site plan layout, send concept layout to City for review
Week 3 —Begin equipment foundation engineering Obtain City comments
Week 4—Finalize site layout per City comments
Week 5 —Finalize equipment foundation engineering
Week 6—Begin grading plan, send concept to City for review
Week 7—Begin system details and equipment selection& specifications Obtain City
comments
Week S—Finalize grading plan per City comments Continue system details
Week 9 - Finalize system details and equipment selection & specifications
Week 10—Prepare electrical plans & details
Week 1 I —Submit final plans & specifications to City for review
Week 12--Finalize construction documents per City comments and submit to City foi bid
solicitation
Based on tentative start date of July 31, 2017 60 working day project duration Project
completion October 20, 2017
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EXHIBIT "C"
PROJECT COSTS AND HOURLY RATES
Pre-design kick-off meeting onsite (includes travel costs) $2,16000
Field work& Topo survey $5,00000
Construction plans (includes periodic design progress conference calls, $16,68000
equipment& design research, and client coordination)
Foundation engineering $3,00000
Grading plan $4,00000
Specifications $2,40000
Bidding documents $2,40000
SPCC Plan (Assumes no other on-site oil storage facilities, plan foi this
project site only) $4,00000
Project closeout tasks, including punch-list preparation and as-built plans $2,32000
TOTAL FEE $41,960.00
All work, ui) through plan preparation will be performed within 60 days of notice to proceed
SCHEDULE OF FEES AND HOURLY RATES
1. Employee Classification Hourly Rate
06 - Engineering Assistant 7000
18 - Contract Administrator 9000
04 - Engineering Designei 1 11000
10 -Engineering Designei 11 13500
03 -Project Engineer/Project Manages 14500
02 -Professional Engineei/Licensed Surveyor 18000
17 - Senioi Professional Engineer./Arclutect/Stiuveyor 20000
01 -Principal 21000
15 - Structural Engmeei 20000
05 - Permit Expediter 8500
11 -Permit Specialist 10000
09 - Senior Permit Specialist/Research Analyst 11000
07 - Surveyor 9000
08 - Senioi Survey Specialist/Party Chief 12500
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00 - Two man survey crew 21500
22 - One Man Survey Crew with Robotics 16000
90—Sr Project Managei 15500
19 — Construction
Managei 12500
The hourly rate for client authorized overtime and for representation at hearings and meetings
after 6 00 p m will be invoiced at 15 times the posted rate
The above rates are inclusive of phone charges, fax charges, software and licensing fees, and
photocopying charges
2. Mileage,Travel and Per Diem
Auto Mileage IRS Rate plus 15 percent
Air Travel and Auto Rental Actual cost plus 15 percent
Per Diem Actual cost of lodging and meals,plus 15 percent
3 Materials and Supplies
Office and CADD supplies are included in the hourly rates Pints, plots and reproductions
are charged at cost plus 15 percent from commercial blueprint companies In-house
reproduction charges are as follows
Prints Plots Color Plots
Bond $ 95/s f $ 95/s f $6 00/s f
Vellum 1 35/s f 1 65/s f 7 50/s f
4. Reimbursable Expenses
Will be billed at cost plus 15 percent Client will pay directly foi all permit and agency fees,
otherwise cost plus 15% Subconsultant invoices will be billed at cost plus 15%
5. Insurance Coverage
General Liability $5,000,000
Errors/Omissions $1,000,000
California Workers' Compensation- Statutory
Certificates of insurance coverage will be provided upon request
Waivers of Subrogation(if required) will be billed as a 2% surcharge on all invoices
Special endorsements will be billed to the client at cost plus 15%on the first project
INTEREST OF 1-1/2 PERCENT PER MONTH WILL BE CHARGED ON ALL PAST DUE
ACCOUNTS Fees57A
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4
EXHIBIT "D"
WORKERS' COMPENSATION INSURANCE CERTIFICATION
Every employee, 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, o> 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 hei employees
CHECK ONE
XI am aware of the provisions of Section 3700 of the Labor Code which requires every
employe], 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 of permitted under this
Agreement (Labor Code §1861)
I affirm that at all times, in performing the work and activities required or permitted undei
this Agreement, I shall not employ any person in any manner such that I become subject to the
workers' compensation laws of California Howevei, 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, of a certification of workers'
compensation insurance
I certify undei penalty of penury under the laws of the State of California that the information
and representations made in this certificate are true and correct
Name of Company %7 <!! -i Date
rV,ee•s/ /7
By
N e
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