HomeMy WebLinkAboutContracts & Agreements_77-2006_CCv0001.pdf AGREEMENT TO FURNNISH ENGINEERING CONSULTING SERVICES TO PROVIDE
DEVELOPMENT PLAN AND MAP REVIEW SERVICES
This Agreement for consulting services to perform engineering review services on
development plans and maps("Agreement") is made and entered into this 18th day of April, 2006
by and between the City of Redlands,a municipal corporation("City"),and AEI-CASC Engineering,
Inc. ("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 engineering services of development plans and
maps (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, all applicable Labor Code
and prevailing wage laws commencing at California Labor Code section 1770 et seq., and
non-discrimination laws including the American's with Disabilities Act and the Fair
Employment and Housing Act.
2.3 Consultant further understands that if it violates the Labor Code as it relates to prevailing
wage, that City may enforce the Labor Code by Notice of the withholding of contract
payments to the Consultant or subcontractor pursuant to Labor Code sections 1726, 1727 and
1771.6.
2.4 Consultant agrees that if it executes an agreement with a subcontractor to work on this
Project,that the Consultant shall comply with Labor Code section 1775 and 1.777.7 including
providing the subcontractor with copies of the provisions of Sections 1771, 1775, 1776,
1777.5. 1813 and 1815 of the Labor Code. Consultant acknowledges that the statutory
provisions for penalties for failure to comply with state wage and hour laws and to pay
prevailing -wages will be enforced by the City pursuant to Labor Code sections 1775 and
1813.
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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 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.
ARTICLE 4 - PERIOD OF SERVICE
4.1 Consultant shall perform the Services in a prompt and diligent manner and in accordance
with the schedule set forth in Attachment "B," entitled "Project Schedule."
ARTICLE 5 - PAYMENTS TO THE CONSULTANT
5.1 The total compensation for Consultant's performance of the Services shall not exceed the
amount of One Hundred Twenty Eight Thousand Dollars ($128,000.00). City shall pay
Consultant on a time and materials basis up to the not to exceed amount,in accordance with
Exhibit "C," entitled "Service Fee," and based upon the hourly rates shown in Exhibit "D,"
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. Richard J. Sidor, P.E.
City of Redlands AEI-CASC Engineering, Inc.
Public Works Department 937 S. Via Lata, Suite 500
PO Box 3005 Colton CA 92324
Redlands, CA 92373
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 who notices and payments are
to be given by giving notice pursuant to this section.
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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 perforin 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.
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.
6.4 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.
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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 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 attorney 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 and/or
intentionally wrongful acts or omissions under this Agreement;but excludingsuch actions,
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,.,.- GENERAL CONSIDERATIONS
7.1 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..
7.2 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,
7.3 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.
7.4 Unless earlier terminated, as provided for below, this Agreement shall terminate upon
completion and, acceptance of the Services by City.
7.5 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.
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7.6 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.
7.7 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.
7.8 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.
7.9 This Agreement, including the Exhibits incorporated herein by reference, represents the
entire agreement and understanding between the Parties as to the matters contained herein,
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.
7.10 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 confinnation of this Agreement.
City of Redlands AEI-CASC Engineering C.
N HARR
By:
,I6ISON By: Ri bard idor, P.E.
/Mayor
Attest:
City erk, City of R//e 4r
4��
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EXHIBIT "A"
Scope of Services:
• Conduct engineering review of Precise Grading Plans, Erosion Control Plans,
Street Improvement Plans, Storm Drain Plans, Traffic Signal Plans, Street Light
Plans, Street Tree Plans and other miscellaneous plans associated with development
and redevelopment projects to comply with the City of Redlands Standards,
Specifications, policies State regulations and acceptable engineering and
construction practices.
• Conduct engineering review of Tract Maps, Parcel Maps, Easement Documents,
Legal Descriptions and other miscellaneous documents associated with development
and redevelopment projects to comply with the City of Redlands Standards,
Specifications,policies,State regulations and acceptable engineering and surveying
practices.
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EXHIBIT "B"
Project Schedule:
Engineering Consulting Services to begin on April 19, 2006 and continue until the "not to
exceed" contract amount of$ 128,000 is reached.
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EXHIBIT"C"
Service Fee:
The service fee for the scope of services outlined in the attached Exhibit "A" shall be a not to
exceed amount of$ 128,000.
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EXHIBIT "D"
Hourly Rates:
Special Rates-This Contract Only:Steve Hosford,P.E.,$118.001hr;and Bill Addington,P.E.,$1 10.00/hr.
Other rates are to be in accordance with the following rate schedule for the period of 2006 through 2007.
AEI-CASC ENGINEERING
HOURLY FEE RATE SCHEDULE
January 1,2006
The following rates shall apply to services provided on a time-and-material basis. Rates reflected are hourly.
General Construction Management
President Principal $175.00 Resident Engineer $128.00
Clerical/miscellaneous Office Work $63.00 Assistant Resident Engineer $118.00
Senior Field Inspector $101.00
Civil Field Inspector 1 $86.00
Engineering Director $145,00 Field Inspector 2 $95.00
Senior Project Manager/Project Manager $137.00
Assistant Project Manager/Senior Project Engineer $118-00 Planning
Senior Designer/Project Engineer/Calculator S110.00 Planning Director $139.00
Design Engineer/Designer $105.00 Project Manager 5126.00
CADD Designer $96,00 Senior Planner S118.00
Senior CADD Drafter $89.00 Planner $105.00
CADD Drafter $68.00 Assistant Planner $90.00
Water Ouality Services ,Survey
Engineering Director $145,00 Three Person Survey/GPS Crew $255,00
Senior Project Manager/Project Manager $137,00 Two Person Survey/GPS Crew $230.00
Assistant Project Manager/Senior Project Engineer $118,00 One Person Survey/GPS Crew $200.00
Scientist $112.00 Senior Project Manager/Project Manager $137.00
Senior Field Inspector $101.00 Survey Analyst $110.00
Environmental Analyst 1 $86.00
Environmental Analyst 11 $95.00 Other
Field Inspector 1 $86.00 Litigation Consultant/Expert Witness $352.00
Field Inspector 11 $95.00 Computer Time $3100
Two Person Sampling Crew $188.00
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 $44.00 per
hour. In addition, mileage will be billed at$.55 per mile with no markup.
Travel Expenses: Mileage to and from the job site will be billed at a rate of S.55 per mile with no markup and travel
time for survey crews will be billed at$90.00 per hour,per man,one-way. Airfare will be billed at cost plus IS%.
Per Diem: Per them for overnight stays will be billed at S 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 S250.00.
'VOTE: Invoicing will be submitted on a monthly,progressive cycle.
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