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HomeMy WebLinkAboutContracts & Agreements_162-2018 i NPS 2 t (6/28/18) AGREEMENT TO PERFORM NON-PROFESSIONAL SERVICES This agreement for the provision of aerial mapping and land surveying services for the California street landfill ("Agreement") is made and entered in this 4th day of Septembet, 2018 ("Effective Date"), by and between the City of Redlands, a municipal corporation ("City)" and Aero Tech Surveys ("Contractor") City and Contractor are sometimes individually referred to herein as a "Party" and, together, as "Parties " In consideration of the mutual promises contained herein, City and Contractor agree as follows ARTICLE 1 --ENGAGEMENT OF CONTRACTOR I I City hereby engages Contractor to perform aerial mapping and land surveying services for the California street landfill services for City (the "Services") 12 The Services shall be performed by Contractor in a professional manner, and Contractor 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 Contractors in the industry providing like and similar types of Services ARTICLE 2—SERVICES OF CONTRACTOR 21 The Services that Contractor shall perform are more particularly described in Exhibit "A," entitled "Scope of Services," which is attached hereto and incorporated herein by reference 22 Contractor 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 Contractor information in its possession that may assist Contractor 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 41 Contractor shall perform and complete the Services in a prompt and diligent manner in accordance with the schedule set forth in Exhibit "A," entitled "Scope of Services," which is attached hereto and incorporated herein by reference. The Services shall commence on the Effective Date of this Agreement I i Icaldjm\Agreements\Non Professional Servlces.NPS 2 1 Acro Tech.doc NPS 2 1 (6/28118) 42 The term of this Agreement shall be for a period of one (1) year from the Effective Date of this Agreement (the "Initial Term") The City shall have the option to extend the Initial Term of this Agreement by two (2) one-year additional terms (each, an "Extended Term"), on the same terms and conditions hereof, by providing written notice to Contractor at least thirty (30) days prior to the expiration of the Initial Term or any Extended Term The Initial Term and any Extended Terms are hereinafter collectively referred to as the "Term" of this Agreement 43 If Contractor's Services include deliverable electronic visual presentation mateiials, 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 Contractor to obtain a copy of such policy from City Staff ARTICLE 5 --PAYMENTS TO CONTRACTOR 5 1 The annual compensation foi Contractor's performance of the Services shall not exceed the amount of thirty six thousand six hundred dollars (36,600 00), for a total amount not- to-exceed one hundred nine thousand eight hundred dollars ($109,800 00) during the Term of this Agrement City shall pay Contractoi. on a time and materials basis up to the not to exceed amount in accordance with Exhibit "B" entitled "(Schedule of Fees)" attached hereto and incorporated herein by reference 52 Contractor shall submit monthly invoices to City describing the Services performed during the preceding month Contractor'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 Contractoi no later than thirty (30) days after receipt and approval by City of Contractor'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, (it) 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 Contractor City Cleric Janine C Schmidt, President City of Redlands Acro Tech Surveys 35 Cajon Street 6810 Airport Dr Riverside, CA 92504 P O Box '005 (mailing) Riverside, CA 92504 Redlands, CA 92373 Aerotechsurveys c@sbeglobal,net jdonadlson@cityofredlands org (951) 785-0160 (909) 798-7531 2 I IcaldrmlAgreementslNon Professional Services NPS 2 1 Acro Tech.doc NPS 2 1 (6/28/18) ARTICLE 6— INSURANCE AND INDEMNIFICATION 6 1 The following insurance coverage required by this Agreement shall be maintained by Contractor for the duration of its performance of the Services Contractor shall not perform any Services unless and until the required insurance listed below is obtained by Contractor Contractor shall provide City with certificates of insurance and endorsements evidencing such insurance prioi 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 A 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 Contractor is self-insured of exempt from the workers' compensation laws of the State of California Contractor shall execute and provide City with Exhibit"D" entitled "Workers' Compensation Insurance Certification," which is attached hereto and incorporated herein by this reference prioi to performance of the Services B Comprehensive General Liability insurance with carriers acceptable to City in the minimum amount 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. C 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 Contractor owned vehicles used in connection with Contractor'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 of self-insurance maintained by City 62 Contractor 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 of damage to property occasioned by any negligent act of omission by, of the willful misconduct of, Contractor, or its officers, employees and agents in performing the Services ARTICLE 7—CONFLICTS OF INTEREST 71 Contractor covenants and represents that it does not have any investment of 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 Contractor's Services Contractor further covenants and 3 11ca1dgn\Agreements\Non Professional Servtces.NPS 2 1 Aero Tech.doc NPS 2 1 (6/28/18) represents that in the performance of its duties hereunder, no person having any such interest shall perform any Services under this Agreement 72 Contractor agrees it is not a designated employee within the meaning of the Political Reform Act because Contractor A Does not make a governmental decision whether to (t) approve a rate, rule or regulation, or adopt or enforce a City law, (ir) 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 fat 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 officially determines that Contractor must disclose its financial interests, Contractor shall complete and file a Fait 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 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 Contractor 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 Any assignment or attempted assignment without such prtot written consent may, in the sole discretion of City, results in City's immediate termination of this Agreement 83 Contractor is for all purposes under this Agreement an independent contractor and shall perform the Services as an independent contractor Neither City nor of its agents shall have control over the conduct of Contractor or Contractor's employees, except as herein set forth Contractor shall supply all necessary tools and instrumentalities required to perform the Services Assigned personnel employed by Contractor are fot its account 4 11ca1djm\Agreements\Non Professional Services.NPS 2 1 Aero Tech doe NPS 2 1 (6/28/18) only, and in no event shall Contractor 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 Contractor shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent, not shall Contractor have any authority, express or implied, to bind City to any obligation 84 This Agreement may be terminated by City, in its sole discretion, by providing not Iess than ten (10) days prior written notice to Contractoi of City's intent to terminate If this Agreement is terminated by City, an adjustment to Contractor's compensation shall be made, but (1) no amount shall be allowed foi anticipated profit or unperformed Services, and (2) any payment due Contractoi at the time of termination may be adjusted to the extent of any additional costs to City occasioned by any default by Contractor Upon receipt of a termination notice, Contractor 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 Contractor in performing the Services Contractoi shall be compensated on a pro-rata basis for Services completed up to the date of termination 85 Contractor 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 Contractoi pursuant to this Agreement Such books shall be available at reasonable times for examination by City at the office of Contractor 86 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 Contractor 87 This Agreement shall be governed by and construed in accordance with the laws of the State of California 88 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, impan 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 5 I 1ca1djmlAgreements\Non Professional Services.NPS 2 1 Aero Tech doe NPS 2 1(6/28/18) IN WITNESS WHEREOF, duly authorized representatives of City and Contractor have signed In confirmation of this Agreement CITY OF REDLANDS AERO TECH SURVEYS By By k), Paul W Foster, Mayor )Jae C Schmidt, President ATTEST J e Donaldson, City Clerk 6 I Icaldjm\Agreements\Non Professional Services.NPS 2 1 Aero Tech.doe NPS 2 1 (6/28/18) EXHIBIT "Aft SCOPE OF SERVICES Scope of Work Provide, on an as-needed basis, the following services ■ Conduct field surveys and research • Perform staking of lot lines 1 pre-set field measurements • Create lot line adjustments ■ Create legal descriptions ■ Produce various exhibits, maps,figures as needed ■ Combine surfaces and varied data to produce layered exhibits • Perform topographic 1 aerial cartography to produce volumes ■ Produce volumetric calculations, including rate-of-fill, ultimate fill levels, capacity levels • Prepare aerial photo mission flight maps • Plan aerial control networks ■ Set and survey aerial control marks ■ Acquire aerial photography • Provide analytical triangulation (AT) ■ Compile and build 3 D models of planimetric and terrain features ■ Present the digital topographic map model in a variety of CAD platforms ■ Utilize client standards when possible • Create Digital Ortho Photos ■ Assemble Photo Mosaics • Prepare slope analysis diagrams • Calculate Volumes between terrain surfaces • Calculate estimated lifespan 7 11ca1djmlAgreemcntslNon Professional Services NPS 2 1 Aero Tech doc NPS-2 1 (6/28/18) EXHIBIT "B" FEESCHEDULE May 8 2018 _ ALRIAL MAPPING LAND SURIt E)ING Mr Louie Miranda A G Citv of Redlands—Qualit, of Life Department T M 33 Cajon Street Suite 222 Redlands CA 92"73 AERO TECH SURVEYS SCHMIDT t , r.0 \l.ia, in. ( 0 { if u, a Re RFP#Q01 032820181 M Survc% Work for California Street Landfill Dear Mr Miranda W c are pleased to providt this cost proposal for the above-mentioned RFP Annual Manning: Based on past performance we have determtncd that the budget for performing the annual topographic mapping and volume calculations event is S11;,0M1.00 This includes the ground control Survey flight planning acquisition of aerial imagery aerial mapping volume calculations comparing previous years surface digital orthophoto and certification of compliance with Regional Water Quality Control Board requirements On-Call Services: Based on past performame vve estimate a budget of $1,800 00 a month for typical land surve%i nb activities fiir rill operations slope certifitatlon che4ks tntsc;ellaneuus on call .sen icts exhibits and meetings It is diflicult to predict fixed fees for on tall sen tees however based on past on-call requests there are Months that go by µ t shout a ni ed for our sen ices Other timi,s we may be called out several times in a month which mould result in a higher tee that particular month depending on the needs of the L ity l heretore based un past requests we believe a budget of S1,800 00 per month should be adequate Listed below is our schedule of fees for the full range of services that we provide Schedule of]Fees—Cost Breakdown by Task CEO—Professional Sen iccs PLS $125 00/hour PLS Deposition/Tnal $250 00/hour Photogrammctric Compilation S 7�,00/hour Project Manager S 85 001hour Draftsman S 0.00/hour Secretarial S 65 00/hour Two Man Sun ev C rt S22 i W/hour Three Man SuneN ( trv+ S290 N1;hour Four Man Sun ey Crev+ $355 00/houi Materials it cost plus 15,10 Per Diem S200/dav/person Public w orks Projects at Prevailing 4N age xNei Maltiplier of 2 5 per ptrson Estimated Annual Budget for Annual Mapping and On Calf Services— $36,600 00(included materials) Aero Tech Surveys hourly rates are applicable during regular business hours which are Mondav through Friday 9 00 A M to 5 00 P`vI excepting Holidays 8 1\ca\djtn\Agrecinents\Non Professional Semees.NPS 2 1 Aero Tech.doc NPS-2 1 (6/28/18) EXHIBIT licit 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 CHEICK 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) 1 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 Iaws 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, p Aero Tech Surveys Date By / } J me C Schmidt, President 9 f'Icaldjm\AgreementslNon-Professional Services.NPS 2 1 Am Tech.doc