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HomeMy WebLinkAboutContracts & Agreements_15-2018AGREEMENT TO PERFORM PROFESSIONAL SERVICES This agreement for the organizational review of the Municipal Utilities and Engineering Department's divisional management structure and analysis services ("Agreement") is made and entered in this 17'' of January, 2018 ("Effective Date"), by and between the City of Redlands, a municipal corporation ("City)" and Bucknam & Associates, 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 1.1 City hereby engages Consultant to provide an organizational review and professional analysis of the services and operations of City's Municipal Utilities and Engineering Department (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. 2.2 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 public information in its possession that may reasonably assist Consultant in performing the Services. 3.2 City designates Paul Toor, City's Municipal Utilities and Engineering 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 the performance of the Services. ARTICLE 4 — PERFORMANCE OF SERVICES 4.1 Consultant shall perform and complete the Services in a prompt and diligent manner from the date of the agreement until February 17, 2018. All written communications prepared by Consultant and associated with the provision of the Services shall be sent to City by 1 1Acaldjm\Agreemcnts\Bucknam Professional Services Agreement -Jan 201 S.doex Consultant directly to City's City Attorney, and the same shall be deemed privileged communications as "work product" for the City Attorney. City's City Attorney shall be responsible for the distribution of Consultant's written communications to appropriate City personnel. 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 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 Four Thousand Nine Hundred Ninety Four Dollars ($4,994). City shall pay Consultant on a time and materials basis up to the not to exceed amount, in accordance with Exhibit `B," entitled "Hourly Rate Schedule," which is attached hereto and incorporated herein by this reference. 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. 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: ty Jeanne Donaldson City Clerk City of Redlands 35 Cajon Street P.O. Box 3005 (mailing) Redlands, CA 92373 Consultant C. Stephen Bucknam, Jr., P.E. President Bucknam & Associates Inc. 25004 La Plata Drive Laguna Niguel, CA 92377 ARTICLE 6 — INSURANCE AND INDEMNIFICATION 6.1 The following insurance coverage required by this Agreement shall be maintained by Consultant for the duration of its performance of the Services. Consultant shall not 2 I:1ca\djm\AgreementslBucknam Professional services Agreement -Jan 201 S.docx degree by the performance of ConsuItant'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 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, 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 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. 7.3 In the event City determines that Consultant must disclose its financial interests, Consultant shall complete and file a hair 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. 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. 4 1:1ca\djm\Agrcemcnts\Bucknam Professional services Agreement - Jan 2018.docx 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 Parry of a material benefit of its bargain under this Agreement. IN WITNESS WHEREOF, duly authorized representatives of City and Consultant have signed in confirmation of this Agreement. CITY OF DLANDS BUCKNAM & ASSOCIATES INC. By. �Q' ABy: e M onnell, Assistant C. Step en Bucknam, Jr., P. . to the City Manager President Attest: Je Donaldson, City CIerk 6 l:Icakljm\Agrmnents\Bucknam Professional Services Agreement - Jan 2018.doex EXHIBIT "A" SCOPE OF SERVICES This proposal is to provide professional services to the City in conjunction with the development of an Organizational Review of the Department's Divisional Management Structure (Review). I. Program Understanding Based upon our recent discussions it is our understanding that the City desires to conduct a Review of its current Municipal Utilities & Engineering Department's (MUED) Division's effectiveness and their contribution to the overall MUED's efforts to provide high quality services to its constituents. The Review will result in the preparation of a Management Organizational Review (MOR). The goal of the MOR is the enhancement of service to MUED's customer base; comprised of residential, business, & developer clientele to assure the City provides utility and engineering services in a business like, professional manner; providing cost effective and efficient utilization of staff, consultant and contract services. Specific Goals and Objectives of the MOR would include the following: A. At the City's direction, conduct a Review of specific Divisional functional areas within the MUED; with recommendations for improvement in service by the City, specifically its Administrative & Engineering Divisions. B. Conduct an independent analysis of the MUED's divisional organizational structure's efficiency and effectiveness. The analysis will encompass an evaluation of the following definitive issues: Organizational Issues: Structure, Deployment of Resources, Customer Service, Department Goals, Review of Staffing Levels, Team Structures, Employee Development Programs and Workload. The evolution of the MOR would be accomplished through the use of a program planning process consistent with the goals and objectives iterated above, whose key elements include the stages outlined in the Program Methodology below: It. Program Methodology Described in brief below are the work elements associated with each stage of the MOR, along with deliverable work products: A. Stage 1 - Research and Assessment — Administrative and Engineering Division Programs The first stage of the MOR is to conduct research and assessment of specific Administrative and Engineering Divisional Programs, as directed by the City. Several segments are involved in the Research & Assessment phase of the effort, which would include the following: 1. Organization of a MOR Advisory Committee This effort would include the determination of the composition of a MOR Advisory Committee (AC) and definition of their duties and responsibilities relative to plan development and implementation. Meeting frequencies and agenda topics would be clearly outlined and established. Committee composition would consist of the Municipal Utilities and Engineering Department (MUED) and Human Resources Department (HR) Directors. 7 L: caldjmlAgreements\Bucknam Professional Services Agreement - Jan 2018.docz Product: MOR Advisory Committee Formation 2. Management Organizational Review (MOR) The following primary analyses will be included in MOR for each of the two Divisions under analysis: • Review of Organizational Goals and Current Policies and Procedures; • Analysis of Current Methodology of Workload Prioritization, Assignment and Management Control; • Review of Departmental Organizational Structure, specific to the selected Divisions under review, inclusive of Job functions, Staffing levels and Management Systems; • Preparation of recommendations aimed at identifying improvement opportunities to increase effectiveness of the operations, modifications to processes or changes in job functions or organizational structure; • Briefing the MUED and HR Directors on the findings of the MOR; • Provide Periodic Updates to the Advisory Committee, the Municipal Utilities and Engineering Director, and management staff on the progress of the MOR; • Present the findings of MOR in a Summary Report; and • Provide Appended copies of Reports, Information, Guidelines, or Materials in support of the MOR, its findings and intended impacts along with the MOR Report document. These analyses would be accomplished as described below: A. Divisional Review and Analysis Under this effort a review and analysis of existing divisional processes, organizational structures, functional procedures, policies, procedures, supervisory and management practices, budget and financial information as well as assigned functional responsibilities within each selected Division, will be undertaken. Product: Summary Memorandum on Divisional Review and Analysis B. Interview Key Divisional Management & Administrators Key management staff from the Engineering Division, the Director of Municipal Utilities and Engineering and a Management Analyst, will be contacted and interviewed relative to their interpretation of the services provided through the current Divisional Programs. It is anticipated that approximately up to 6 interviews would be conducted. Interviews would be on a one on one basis of about 45 -minute duration conducted by our Program Manager. They are anticipated to be conducted at the City's offices. Product: Summary Memorandum on Staff and Client Interviews C. Draft MOR Report A Draft MOR Report including Summary Memoranda as noted above will be compiled for review by the AC in a loose-leaf binder format and an electronic format. Product: Draft MOR Report D. Final MOR Report Following completion and review of the Draft MOR Report a Final MOR Report will be prepared. The AC would work collaboratively with the consultant in developing the Final Report document. Included in the Report would be specific recommendations on potential methodologies and action plans to streamline the Divisions' processes, improvements in communication amongst the Divisional Team members, aimed at enhancing customer service to the general public and the City's residential and business community. 8 1:1ca\djm\AgreementABucknam Professional Services Agreement - Jan 2018.docx At this point the MOR would then be presented to the MUED Director for concurrence and approval. It is intended the MOR Report will be brief and succinct in nature with clear presentation of information in an outline type format, which can be readily comprehended and understood. Product: Final MOR Report !!l. Fee Estimate Presented below is an estimate of our proposed fee to perform the services outlined in the Methodology above, per each of the divisions under review. It is intended services be provided on an hourly rate not to exceed basis plus reimbursable expenses in accordance with the attached Standard Hourly Rate Schedule. Management Organizational Review A. Divisional Review and Analysis $ 1,270 B. Interview Key Management and Administrators $ 1,770 C. Draft MOR Report $ 1,122 D. Final MOR Report $ 532 Reimbursables 300 Total Estimated Fee $ 4,994 The above quoted fee is inclusive of labor and expenses and is subject to negotiation. A detailed Fee Breakdown Worksheet is attached for your reference, which identifies costs, by task and position. Consideration has been given to the production of five (5) copies of each MOR submittal document as well as electronic versions. We have assumed City staff would be available to assist in providing efforts for collecting pertinent data, information, reports and other materials pertinent to the preparation of the MOR. It is also assumed that staff which are members of the MOR AC can commit the time forthat effort as well. !V. Schedule The projected schedule to complete work efforts for the MOR Report is estimated as follows: MOR Report Task A through D One (1) month from Notice to Proceed 9 1:Ica1djm\AgreementslBucknant Professional Services Agreement - Jan 2018.docx EXHIBIT "B" HOURLY RATE SCHEDULE BUCKNAM & ASSOCIATES INC. 25004 La Plata Drive, Laguna Niguel, California 92677 T.949.363.6461 F.949.363.6505 www.bucknam.net steve(@bucknam.net Rotes Effective 911117 Category_ Rate Principal $ 295 Senior Project Manager/ Planner 230 Project Manager 215 Senior Engineer/ Planner 200 Construction Manager 190 Management Analyst 1$0 Project Engineer/ Planner 175 Engineer/ Planner / Senior Inspector/ Senior Technician/ Management Assistant 145 Database Programmer/ Project Planner 135 Assistant Engineer/ Technician / Planner/ Inspector 130 CADD Operator 125 Administrative Assistant 120 Clerical / Word Processing 92 Field Tech nician 90 Forensic Services Quote Reimbursables Mileage $ 0.65/mile Subconsultant Services Cost + 15% Reproduction Cost + 15% Travel & Subsistence Cost + 15% Fees & Permits Cost + 15% Computer Services (External) Cost + 15% 10 1:\caldjmlAgreements\Bucknam Professional Services Agreement - Jan 2018.docx EXHIBIT "C'r 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. BUCKNAM & ASSOCIATES INC. Date: 11231 1r By: C. St en Bucknam, Jr., President 11 1Acaldjm\Agreements\Bucknam Professional Services Agreement - Jan 2018.docx