HomeMy WebLinkAboutContracts & Agreements_9-2019PS I 1 (11126/18)
AGREEMENT TO PERFORM PROFESSIONAL SERVICES
This agreement for the provision of professional planning, environmental, and
development review services ("Agreement') is made and entered in this 15' day of January, 2019
("Effective Date"), by and between the City of Redlands, a municipal corporation ("City") and
Michael Baker International, 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 1 — ENGAGEMENT OF CONSULTANT
1 1 City hereby engages Consultant to provide professional planning, environmental, and
development review services (the "Services") for City as assigned by City's Development
Services Department Director or his or her designee
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 all 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 Brian Desatnik, Director of Development Services Department, 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 perform and complete the Services in a prompt and diligent manner
42 The term of this Agreement shall coininence on the Effective Date of this Agreement and
terminate on January 14, 2020, unless earlier terminated as provided for herein
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43 If Consultant's Services include deliverable electronic visual presentation materials, such
materials shall be delivered in a form, and made available to 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 one hundred fifty thousand dollars ($150,000) City shall pay Consultant on a
time and materials basis up to the not to exceed amount in accordance with Exhibit "B,"
entitled "Fee 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 Services City shall pay
Consultant no later than thirty (30) days after receipt and approval by City of Consultant's
invoice, such approval to not be unreasonably withheld, delayed, or conditioned
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, (11) 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
Brian Desatnik Rameeta Garewal, Associate Vice President
Development Services Director Michael Baker International
City of Redlands 3536 Concours Drive, Suite 100
35 Cajon Street Ontario, CA 91764
P O Box 3005 (mailing) Rameeta Garewal@mbakerintl com
Redlands, CA 92373 Telephone (909) 974-4900
Fax (909) 974-4004
ARTICLE 6 — INSURANCE AND INDEMNIFICATION
61 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 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 or modification of the policy except upon thirty (30)
days prior written notice to City
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A Workers' Compensation and Employer's Liability insurance in the amount that meets
statutory requirements with an insurance earner reasonably 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 execute and provide City
with Exhibit "C," entitled "Workers' Compensation Insurance Certification," which is
attached hereto and incorporated herein by this reference, prior to performance of the
Services
B Comprehensive General Liability insurance with carriers reasonably 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 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
elfinsurance maintained by City
62 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
63 City shall defend, indemnify, hold harmless Consultant and its officials, employees and
agents from and against any and all claims, causes of action, losses and liability, including
attorneys' fees, arising from injury or death to persons or damage to property occasioned
by any negligent or omission by, or the willful misconduct of, City, its elected officials,
officers, employees and agents
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 further covenants and represents that
in the perforinance of its duties hereunder, no person having any such interest shall perform
any Services under this Agreement
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72 Consultant acknowledges that it serves in a "staff capacity" with City and, In that capacity,
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. Accordingly, Consultant must disclose its
financial interests and 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, prior to commencement of the Services
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 Any
assignment or attempted assignment without such prior written consent may, in the sole
discretion of City, results in City's immediate termination of this Agreement
8.3 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
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
84 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 reccipt 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
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8.5 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
8.6 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
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 tliis 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
IN WITNESS WHEREOF, duly authorized representatives of City and Consultant have signed
in confirmation of this Agreement
CITY OF REDLANDS
B ti By
aul W Foster, Mayor
ATTEST
Jeotme Donaldson, City Clerk
BAKER INTE ATIONAL
I t.
:T
Vice President
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EXHIBIT "A"
SCOPE OF SERVICES
Consultant shall provide contract services pertaining to planning, project management, and
development review services for the City, which may include, but are not limited to, the following
1) Consultant will be the "project manager" on behalf of City related to proposed projects, as
assigned, for the purpose of expediting application processing
2) Specific duties and tasks of Consultant shall include the following
a Act as the primary point of contact for the assigned applicant and promptly respond to
communications and correspondence from the applicant,
b Coordinate processing through all City applicable City departments including
Development Services, Municipal Utilities & Engineering, Fire, and others that may
be required,
c Review an applicant's development applications for compliance with the zoning
ordinance, any applicable specific plans, and other applicable City regulations, policies,
and guidelines,
d Attend City committee and commission meetings, as needed,
e Prepare comprehensive staff reports (e g , Planning Commission, City Council, etc ) on
various planning matters related to the applicant's proposed projects,
f Prepare correspondence, memoranda, legal notices, public notices, project
descriptions, and other necessary documents related to an applicant's proposed
projects,
g Review draft documents and assist with preparation or editing of CEQA environmental
review documents,
h Prepare and deliver presentations related to the applicant's proposed projects,
i. Act as City's representative to other governmental agencies, consultants, and tribal
governments related to the applicant's proposed projects,
j Respond to public inquires and requests for documents related to the applicant's
development projects,
k Monitor and record tasks and time spent on each task, and maintain current records,
1 Review applications for building, grading, and engineering permits (Plan Checks) for
compliance with City regulations and applicable conditions of approval related to the
applicant's development projects,
in Perform other related duties as may be necessary to comprehensively and efficiently
manage and review the applicant's development projects
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EXHIBIT "B"
FEE SCHEDULE
[ Attached ]
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Michael Baker understands the importance of completing work on time and on budget and the need to go
above and beyond to help ensure the City's ultimate success For each task order, we will assign the City a
team member from among our key personnel based on skill, availability, and rate Beyond the key
personnel, other staff may be offered according to the 2029 rate schedule (see table included herein)
As this proposal is reviewed, we urge the City of Redlands to consider that hourly rates are only part of the
story Every firm proposing to provide planning services will submit an hourly rates schedule, and we
expect that some rates will be lower than ours However, those lower costs per hour ignore the second
part of the cost equation the number of hours it takes to complete assignments The ostensible advantage
of a lower cost per hour from competitors vanishes when the work takes more time to complete
Michael Baker has a proven track record of preparing planning -related and other specific task orders and
for completing our work within or below budget and on time Simply put, the experience of proposed key
and additional staff, in providing similar services to prior clients, is an advantage for the City of Redlands
and, creates higher efficiency and higher quality services on our team's part
For regular business hours, Michael Baker will charge the following hourly rates for key personnel These
rates will be billed on a time -and -materials basis Therefore, only hours worked will be charged to the City
Michael Baker can bill hours to specific projects to maximize the opportunity for the City to pass costs
incurred on to project proponents
EMILY ELLIOTT Project Manager/Planner $135
CHIP LESLIE Project Director/Advisor $195
CHRISTINE DONOGHUE CEQA Project Manager $173
SIRI CHAMPION Project Manager/Senior Planner $150
Mileage for travel to and from City offices and project sites would be reimbursed at the applicable federal
rate Administrative costs (copies, mailing, etc ) will be billed at cost with no mark-up (our current rates are
listed below) Lodging and meals would not be billed to the City Services for long-range planning and
special projects and environmental services will be billed in accordance with the terms established under
specific task orders
Copying/Printing
Small Format B/W
sjl-;
004
Small Format Color
017
Large Format B/W
018
HP Mono Lines (B/W)
018
HP Color Lines
044
HP Color Low Density Image
079
HP Color High Density Image
155
Per Diem/Meals/Lodging
N/A
Mileage
IRS rate
Postage/Delivery
at cost
zoig RATE SCHEDULE
Comprehensive Plan mngServices
Protect Director/Advisor
$180-$225
Sustainability
Project Director/Advisor
$180-$225
Principal Planner
$150-$180
Principal Climate ChangeAnalyst
$145-$165
ProjectManager
$130-$150
Program Manager
$130-$160
Assistant ProjectManager
$120-$130
Senior Planner
$120-$150
Conservation & Resource Planning
Land Use Planner
$120-$130
Project Director/Advisor
$180-$225
Associate Planner
$95-$120
Senior Conservation Planner
$110-$125
Assistant Planner
$85-$95
Conservation Planner
$95-$120
Planning Technician
$65-$75
Biology
Environmental Services
Project Director/Advisor
$180-$225
Project Director/Advisor
$180--$225
Senior Biologist
$120-$150
CEQA Project Manager
$125--$175
Associate Biologist
$90-$120
Senior Environmental Planner
$120-$150
Associate Environmental Planner
$95-$120
GIs
GIS Manager
$125-$145
Urban Design &Revitalization
Project Director/Advisor
$180-$225
GISAnalyst
$95--$115
Senior Urban Designer
$165-$180
[lousing & Redevelopment
Urban Designer
$105-$130
ProjectManager
$125-$150
Senior Mousing Planner
$95-$115
Transportation Services
Associate HousingPlanner
$80-$90
Project Director/Advisor
$180-$225
GrantTechnician
$75-$80
Transportation Planner
$150-$180
ManagementServices
PublicOutreach
Principal
$225-$275
ProjectDirector/Advisor
$1804225
Associate Principal
$195-$225
Senior Public Information Officer
$120-$150
SeniorAssociate
$180-$225
Public Information Officer
$90-$120
Public EngagementCoordinator
$90-$120
Municipal Finance
Project Director/Advisor
$180-$225
Creative Services
Municipal FinanceManager
$145-$165
Graphics Production Manager
$125-$145
Municipal Finance Coordinator
$125-$145
Graphic/Web Designer
$80-$115
Municipal FinanceAnalyst
$85-$125
GrantWritmg
MeetingFacilitation
Principal GrantWriter
$80-$125
Facilitation Services
$115-$175
Adm in istrative Services
Technical Editor
$85-$125
Administrative Support
$65-$95
F-2
PS 1 1 (11126118)
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 § 186 1)
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 Q q
ID
MIC(*
IC BAKER INTER ATIONAL, INC Date D ` 1
Garewal, Associate Vice President
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