HomeMy WebLinkAboutContracts & Agreements_153-2007_CCv0001.pdf AGREEMENT TO FURNISH ENGINEERING CONSULTING SERVICES TO PROVIDE
WATER QUALITY MANAGEMENT PLAN REVIEW SERVICES
This agreement for the performance of plan review services for water quality management
plan submittals ("Agreement") is made and entered into this 4th day of September, 2007 by and
between the City of Redlands, a municipal corporation ("City"), and AEl-CASC Consulting
("Consultant") who are sometimes individually referred to herein as a"Party"and together, as the
"Parties."
In consideration of the mutual promises,covenants and conditions hereinafter set forth,City
and Consultant agree as follows:
ARTICLE I - ENGAGEMENT OF CONSULTANT
1.1 City hereby engages Consultant to perform plan checking for City's Water Quality
Management Plan (WQMP) Review Services (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 which Consultant shall perform are more particularly described in Exhibit"A,"
entitled "Scope of Services," which is attached hereto and incorporated herein by this
reference.
2.2 Consultant shall comply with all applicable Federal, State and local laws and regulations in
the performance of this Agreement including, but not limited to, the American's with
Disabilities Act and the Fair Employment and Housing Act.
ARTICLE 3 - RESPONSIBILITIES OF CITY
3.1 City shall make available to Consultant information in its possession that is pertinent to the
performance of Services.
3.2 City will make provision for Consultant to enter upon City-owned property, as reasonably
required by Consultant, to perform the Services.
3.3 City designates Tom T.Fujiwara to act as its representative with respect to the Services to be
performed under this Agreement.
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ARTICLE 4 -PERIOD OF SERVICE
4.1 Consultant shall perform the Services in a prompt and diligent manner and in accordance
with the schedule established by City.
ARTICLE 5 - PAYMENTS TO THE CONSULTANT
5.1 The total compensation for Consultant's performance of the Services shall not exceed the
amount of Two Hundred Thousand Dollars ($200,000.00). 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"13," entitled"Rate Schedule."
5.2 Consultant shall bill City within ten days following the close of each month by submitting an
invoice indicating the portion of the Services performed,who performed the Services and the
detailed cost of all Services, including backup documentation. Payments by City to
Consultant shall be made within thirty (30) days after receipt and approval of Consultant's
invoice, by warrant payable to Consultant.
5.3 All notices shall be made in writing and may be given by personal delivery or by mail.
Notices, sent by mail shall be addressed as follows:
city Consultant
Tom T. Fujiwara, P.E.
City of Redlands Richard J. Sidor, P.E.
Public Works Department AEI-CASC Consulting
PO Box 3005 937 S. Via Lata, Suite 500
Redlands, CA 9237') Colton, CA 92324
When so addressed, such notices shall be deemed given upon deposit in the United States Mail.
Changes may be made in the names and addresses of the person to whom notices and payments are
to be given by giving notice pursuant to this section.
ARTICLE 6 - INSURANCE AND INDEMNIFICATION
6.1 All insurance required by this Agreement shall be maintained by Consultant for the duration
of this Agreement and shall be primary with respect to City and non-contributing to any
insurance or self-insurance maintained by City. Consultant shall not perform any Services
pursuant to this Agreement unless and until all 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 Services. All insurance policies shall
include a provision prohibiting cancellation of the policy except upon thirty(30)days prior
written notice to City.
6.2 A. Consultant shall secure and maintain Workers' Compensation and Employer's Liability
insurance throughout the duration of this Agreement in amounts which meet statutory
requirements with an insurance carrier acceptable to City.
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B. Consultant expressly waives all rights to subrogation against City, its elected officials,
employees and volunteers for losses arising from work performed by Consultant for City by
expressly waiving Consultant's immunity for injuries to Consultant's employees and agrees
that the obligation to indemnify, defend and hold harmless provided for in this Agreement
extends to any claim brought by or on behalf of any employee of Consultant. This waiver is
mutually negotiated by the Parties. This waiver shall not apply to any damage resulting from
the negligence of City, its agents and employees. To the extent any of the damages
referenced herein were caused by or resulted from the concurrent negligence of City, its
agents or employees,the obligations provided herein to indemnify,defend and hold harmless
is valid and enforceable only to the extent of the negligence of Consultant,its officers,agents
and employees.
6.3 Consultant shall secure and maintain in force throughout the duration of this Agreement
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.
Consultant shall obtain an endorsement that City shall be named as an additional insured.
6A Consultant shall secure and maintain professional liability insurance throughout the duration
of this Agreement in the amount of One Million Dollars ($1,000,000) per occurrence and
Two Million Dollars ($2,000,000) annual aggregate.
6.5 Consultant shall have business auto liability coverage,with minimum limits of One Million
Dollars ($1,000,000) per occurrence, combined single limit for bodily injury liability and
property damage liability. This coverage shall include all Consultant-owned vehicles used in
connection with the Services,hired and non-owned vehicles, and employee non-ownership
vehicles. Consultant shall obtain an endorsement that City shall be named as an additional
insured.
6.6 Consultant is expressly prohibited from assigning any of the Services covered by this
Agreement without the express prior written consent of City. In the event of mutual
agreement between Parties to assign a portion of the Services, Consultant shall add the
assignee as an additional insured and provide City with the insurance endorsements prior to
any Services being performed by the assignee. Assignment does not include printing or other
customary reimbursable expenses that may be provided for in this Agreement.
6.7 Consultant shall defend, indemnify and hold harmless City, its elected officials, officers,
employees and agents, from and against any and all actions, claims, demands, lawsuits,
losses and liability for damages to persons or property, including costs and attorneys' fees,
that may be asserted or claimed by any person,firm,entity,corporation,
political subdivision
or other organization arising out of or in connection with Consultant's negligent andfor
intentionally wrongful acts or omissions under this Agreement;but excluding such actions,
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claims, demands, lawsuits and liability for damages to persons or property arising from the
negligence or intentionally wrongful acts of City, its officials, employees or agents.
ARTICLE 7 - CONFLICTS OF INTEREST
7.1 Consultant covenants and represents that it does not have any investment or interest in real
property and shall not acquire any interest,direct or indirect,in the geographical area covered
by this Agreement or any other source of income, interest in real property or investment
which would be affected in any manner 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.
7.2 Consultant agrees it is not a designated employee within the meaning of the Political Reform
Act because Consultant:
A. Does not make or participate in:
the making or any governmental decisions regarding approval of a rate,rule
or regulation, or the adoption or enforcement of laws;
(ii) the issuance, denial, suspension or revocation of permits, licenses,
applications, certifications, approvals, orders or similar authorizations or
entitlements;
(iii) authorizing City to enter into, modify or renew a contract;
(iv)granting 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) granting City approval to a plan, design, report, study or similar item;
(vi)Adopting, or granting 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 perforrn the same or substantially all 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 Citv officially determines that Consultant must disclose its financial interests by
completing and filing a Fair Political Practices Commission Form 700, Statement of
Economic Interests, Consultant shall file the subject Form 700 with the City Clerk's office
pursuant to thekxvTitteninstructions provided by the Office of the City Clerk.
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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 in-house counsel of the
Parties at rates prevailing in San Bernardino County, California.
8.2 All documents,records,drawings,designs,cost estimates,electronic data files,databases and
other documents developed by Consultant pursuant to this Agreement, 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 will be at City's sole risk.
8.3 Consultant is for all purposes an independent contractor. Consultant shall supply all tools
and instrumentalities required to perform the Services described in this Agreement. All
personnel employed by Consultant are for its account only,and in no event shall Consultant
or any 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.
8.4 Unless earlier terminated as provided for herein, this Agreement shall terminate upon
completion and acceptance of the Services by City.
8.5 This Agreement may be terminated by the City,without cause,by providing five(5)business
days prior written notice to the Consultant (delivered by certified mail, return receipt
requested)of intent to terminate.
8.6 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.
8.7 Upon receipt of a termination notice, Consultant shall (1) immediately discontinue all
services affected,and(2)within five(5)days of the date of said termination notice,deliver or
otherwise make available to City, copies (in both hard copy and electronic form, where
applicable) of any 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 required by this Agreement. Consultant shall be
compensated on a pro-rata basis for work completed up until notice of termination.
8.8 Consultant shall maintain books and accounts of all payroll costs and expenses related to the
Services. Such books shall be available at all reasonable times for examination by City at the
office of Consultant.
8.9 This Agreement, including the Exhibits incorporated herein by reference, represents the
entire agreement and understanding between the Parties as to the matters contained herein,
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and any prior negotiations,written proposals or oral 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.
8.10 This Agreement shall be governed by and construed in accordance with the laws of the State
of California.
IN WITNESS WHEREOF,duly authorized representatives of the City and Consultant have
signed in confirmation of this Agreement.
City of Redlands AEI-CASC Consulting
ByBy:
: IZ�7
Jon Harrison Richard J. ior, P.E.
Mayor Prin4al
Attest:
Cit Clerk, City'qRe 'lands
-1 L�'/(
EXHIBIT "A"
SCOPE OF SERVICES
Consultant shall review Water Quality Management Plans (WQMP) associated with new and
redevelopment projects to verify compliance with the San Bernardino County Stormwater Program,
"Model Water Quality Management Plan Guidance" and "Attachment A, WQMP Template".
Consultant shall recommend approval of WQMPs to the City of Redlands upon determination that
WQMPs comply with the requirements of the"Model Water Quality Management Plan Guidance."
The following is an itemized scope of services:
1. Review the Preliminary WQMP for the proposed development project for compliance
with the procedure and requirements of the WQMP Guidance,Attachment A and policies
of the City of Redlands.
2. Notify the Public Works Department upon review completion and approval of the
Preliminary WQMP.
3. Review the Final WQMP for the proposed development project for compliance with the
procedure and requirements of the WQMP Guidance,Attachment A and policies of the
City of Redlands. The Final WQMP review process shall include the review of the
project Precise Grading Plan to verify site design coordination with the Final WQMP.
4. Notify the Public Works Department upon review completion and approval of the Final
WQMP.
5, Maintain accurate records of all expenses associated with the WQMP reviews. Each
invoice submitted to the City shall contain a breakdown of labor hours and other
expenses incurred for each of the project WQMP reviews.
6. Provide other consulting services (20 hours) relative to the WQMP review/approval
process upon request by the City.
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EXHIBIT "B"
RATESCHEDULE
Fee Schedule
AEI-CASC Consulting proposes to provide WQMP review services on a time and expense basis in
accordance with the firm's January 2007 Hourly Fee Rate Schedule. While the rate schedule is
normally updated in January of each year to reflect market conditions,AEI-CASC Consulting will
offer these same rates for one full year or until the contract limit is reached, whichever is first to
occur. The rate schedule follows this page.
Rates for individuals named in this proposal and for classifications anticipated to be assigned to the
project are highlighted below.
HOURLY
NAME PROJECT ROLE RATE
Melanie Sotelo Project Manager $108
Kenya Streeter WQMP Reviewer $98
Rebekah Guill WQMP Reviewer $98
Chandra Santiago WQMP Reviewer $98
Project Coordinator Clerical $65
Rick Sidor, P.E., CPESC Principal-In-Charge $180
Jeff Endicott, P.E., DEE Project Director $149
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AEI-CASC ENGINEERING,INC.
dba AEI-CASC CONSULTING
HOURLY FEE RATE SCHEDULE
January 1,2007
The following rates shall apply to services provided on atime-and-material basis. Rates reflected are hourly.
General ConstrucdonVangoement
President/Principal $180.00 Resident Engineer $132.00
Clerical/Miscellaneous Office Work $65.00 Assistant Resident Engineer $12100
Senior Field Inspector $104.00
Civil Field Inspector 1 $89.00
Engineering Director $149.00 Field Inspector 2 $98.00
Senior Project Manager/Project Manager $141.00
Assistant Project Manager/Senior Project Engineer $122.00 Plannink
Senior Designer/Project Engineer/Calculator $113.00 Planning Director $143.00
Design Engineer/Designer $108.00 Project Manager $130.00
CADD Designer $99.00 Senior Planner $122.00
Senior CADD Drafter $92.00 Planner $108.00
CADD Drafter $70.00 Assistant Planner $93.00
Water Ouality Services Lm
Engineering Director $149.00 Three Person Survey/GPS Crew $263.00
Senior Project Manager/Project Manager $141.00 Two Person Survey/GPS Crew $237.00
Assistant Project Manager/Senior Project Engineer $122.00 One Person Survey/GPS Crew $206.00
Scientist $115.00 Senior Project Manager/Project Manager $141.00
Design Engineer $108.00 Survey Analyst $113.00
Senior Field Inspector $104.00
Environmental Analyst 1 $89.00 Other
Environmental Analyst 11 $98.00 Litigation Consultant/Expert Witness
$363.00
Field Inspector 1 $89.00 Computer Time $33.00
Field Inspector 11 $98.00
Plan Checking
Two Person Sampling Crew $194.00 Senior Plan Checker $ 141.00
Plan Checker(Technical) $122.00
Plan Check Analyst $98.00
REIMBURSABLE EXPENSES The following expenses will be billed at cost plus 15%:
Reproduction Services: Includes blueprinting, copying, printing and plotting. In-house plots will be billed at$6.00
per sheet for each client set and for a final in-house review set. The client is welcome to contract directly with an
outside reprographic firm for those services not provided in-house.
Rental Equipment and Fees: Any equipment rental and any fees advanced by our firm including plan check and
filing fees.
Commercial Delivery Services: Including Express Mail,Federal Express,UPS and independent courier services.
In-House Pick-Up and Delivery Services: These services provided by our firm will be reimbursed at $45.00 per
hour. In addition, mileage will be billed at$.55 per mile with no markup.
Travel Expenses: Mileage to and from the job site will be billed at a rate of$.55 per mile with no markup and travel
time for survey crews will be billed at$90.00 per hour,per man,each-way. Airfare will be billed at cost plus 15%.
Per Diem: Per them for overnight stays will be billed at$134 per day, per man.
Waiver of Subrogation: If the client requires a Waiver of Subrogation for Workman's Compensation Insurance, the
client will be required to pay the additional insurance premium for this request. The approximate amount for the
waiver is$250,00.
NOTE. Invoicing will be submitted on a monthly,progressive cycle.
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