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HomeMy WebLinkAboutContracts & Agreements_109-2008_CCv0001.pdf AGREEMENT FOR WATER QUALITY MANAGEMENT PLAN REVIEW SERVICES This agreement for water quality management plan review services("Agreement")is made and entered into this 15th day of July,2008("Effective Date"),by and between the City of Redlands, a municipal corporation("City")and AEI-CASC Consulting("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 perform water quality management plan 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 Americans 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 may assist Consultant in performing the Services. 3.2 City will make reasonable provision for Consultant to enter upon City-owned property, as required by Consultant,to perform the Services. DJM\Agree'•,WQMP Consultant kgrrm-AEI 6\30\08 9:40 a.m. 3.3 City designates Tom T. Fujiwara 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 4.1 Consultant shall perform the Services in a prompt and diligent manner and in accordance with the schedule to be provided by the City. 4.2 At any time during the term of this Agreement, City may request that Consultant perform Extra Services. As used herein, "Extra Services" means any work which is determined necessary by City for the proper completion of the project or work for which the Services are being performed,but which the Parties did not reasonably anticipate would be necessary at the time of execution of this Agreement. Provided the Extra Work does not exceed twenty percent(20%) of the compensation to be paid by City to Consultant for the Services, such Extra Work may be agreed to by the Parties by written amendment to this Agreement, executed by City's City Manager. Consultant shall not perform, nor be compensated for, Extra Work without such written authorization from City. ARTICLE 5 -PAYMENTS TO CONSULTANT 5.1 The total compensation for Consultant's performance of the Services shall not exceed the amount of Ninety Eight Thousand Dollars($98,000.00).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"B," entitled"Rate Schedule." 5,2 Consultant shall submit monthly invoices to City describing the work 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, if any. City shall pay Consultant no later than thirty(30) days after receipt and approval by City of Consultant's invoice,provided (1)the Services reflected in the invoice were performed to the reasonable satisfaction of City in accordance with the terms of this Agreement, (2) that the number of hours of Services set forth in the invoice reflects the amount of time ordinarily expended for such Services by members of the profession currently practicing in the same locality under similar conditions, and (3)that all expenses, rates and other information set forth in the invoice are consistent with the terms and conditions of the Agreement. DJM\Agree\WQMP Consultant Agrint-AEI 6\30\08 9:40 a.m. 5.3 All notices shall be given inwTiting by personal delivery or by mail. Notices sent by mail should be addressed as follows: Ck Consultant Tom T. Fujiwara Richard Sidor Municipal Utilities and Engineering Dept. AEI-CASC Consulting City of Redlands 937 S. Via Lata 35 Cajon Street, Suite 15A Suite 500 PO Box 3005 (mailing) Colton, CA 92324-9340 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 5.3. ARTICLE 6 - INSURANCE AND INDEMNIFICATION 6.1 All insurance 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 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 the Services. All insurance policies shall include a provision prohibiting cancellation or modification of the policy except upon thirty(30)days prior written notice to City. 6.2 Workers' Compensation and Employer's Liability. Consultant shall secure and maintain Worker's Compensation and Employer's Liability insurance throughout the duration of its performance of the Services in accordance with the laws of the State of California, with an insurance carrier acceptable to City. 6.3 Hold Harmless and Indemnification. 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 Consultant's and its officers% employees' and agents' sole negligent acts or omissions in performing the Services. 6.4 Assignment. Consultant is expressly prohibited from assigning any of the Services without the express prior written consent of City. In the event of agreement by the Parties to assign a portion of the Services, Consultant shall add the assignee as an additional insured and provide City with the insurance endorsements required by this Agreement prior to the performance of any Services by the assignee. Assignment does not include printing or other customary reimbursable expenses that may be provided for in this Agreement. DJM\Agree\WQMP Consultant Agrmt-.AEI 3 6\30108 9:40 a.m. 6.5 Comprehensive General Liability Insurance. Consultant shall secure and maintain in force throughout the term 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. City shall be named as an additional insured. Such insurance shall be primary and non-contributing to any insurance or self-insurance maintained by City. 6.6 Professional Liability Insurance. Consultant shall secure and maintain professional liability insurance throughout the term of this Agreement in the amount of One Million Dollars ($1,000,000)per claim made. 6.7 Business Auto Liability Insurance. 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 Consultant's provision of the Services, hired and non-owned vehicles,and employee non-ownership vehicles. Such insurance shall be primary and non-contributing to any insurance or self insurance maintained by City. City shall be named as an additional insured. ARTICLE 7 - CONFLICTS OF INTEREST 7.1 Consultant covenants and represents that it does not have any investment or interest in real property that may be the subject of 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: (i) 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-, DJNf\Agree\WQMP Consultant Agrmt-AEI 4 6\30\08 9:40 a.m. (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 perform 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 City 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 the written instructions provided by the Office of the City Clerk. ARTICLE 8 - GENERAL CONSIDERATIONS 8.1 Attorneys' Fees. 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 Prohibition Against Assignment. 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 Documents and Records. All documents, records, drawings, designs, cost estimates, electronic data files,databases and 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. 8.4 Independent Contractor Status. Consultant is for all purposes under this Agreement an independent contractor and shall perform the Services as an independent contractor. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant's employees, except as herein set forth. Consultant shall supply all tools and instrumentalities required to perform the Services. 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. Consultant shall have no authority,express or implied,to act on behalf of City in any DJ.%,MgreexWQMP Consultant Agrmt-AEI 5 6130\08 9:40 am. capacity whatsoever as an agent,nor shall Consultant have any authority,express or implied, to bind City to any obligation. 8.5 Termination. A. Unless earlier terminated as provided for below,this Agreement shall terminate upon completion and acceptance of the Services by City. B. This Agreement may be terminated by City,in its sole discretion,by providing thirty (30) days' prior written notice to Consultant (delivered by certified mail, return receipt requested)of City's intent to terminate. C. 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. D. Upon receipt 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 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. Consultant shall be compensated on a pro-rata basis for Services completed up to the date of termination. 8.6 Books and Records. Consultant shall maintain any and all books,ledgers,invoices,accounts and all 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 all reasonable times for examination by City at the office of Consultant. 8.7 Entire Agreement/Amendment. 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. 8.8 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. DJTV1\AgreeVQMP Consultant Agrmt-AEI 6 6130 08 9:40 a,m. pf 8.9 Severability. 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, impair or invalidate any of 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 the City and Consultant have signed in confirmation of this Agreement. CITY OF REDLANDS AEI-CASC CONSULTING By: J By: /V* /On Harrison, Mayor Richard Principal Attest: City q&ik DJM\Agree\WQMP Consultant Agrmt-AEI 7 6\30\08 9:40 a.m. ATTACHMENT A City of Redlands Water Quality Management Plan Review Services 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 Municipal Utilities and Engineering Department upon review completion and approval of the Preliminary WQMP. I 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 Municipal Utilities and Engineering 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. DJNT\Agree\WQMP Consultant Agrmt-AEI 8 630IN08 9:40 am. ATTACHMENT B City of Redlands Water Quality Management Plan Review Services RATESCHEDULE 9 AE 1 CONSUL I I N G HOURLY RATE SCHEDULE WATER QUALITY MANAGEMENT PLAN REVIEW SERVICES FOR THE CITY OF REDLANDS July 1, 2008 to June 30, 2009 AEI-CASC Consulting proposes the following rates for labor and expenses expended in execution of the project. Name Project Role $/hour Chris Ogaz General Assistance $60 Marianne Garcia Clerical Assistance $65 Rebekah Guill WQMP Review $104 Alexis Buyco WQMP Review $104 Project Manager Melanie Sotelo and Lead for WQMP Review $115 Chandra Santiago, M.P.A. WQMP Review $115 Industrial Site Support Adam Weister, EIT, CPESC WQMP Review $1Ar- Engineering Support " Jeff Endicott, P.E., BCEE Project Director and $165 Technical Support Rick Sidor, P.E., CPESC Principal-In-Charge BCEE - Board Certified Environmental Engineer CPESC - Certified Professional in Erosion and Sediment Control EIT - Engineer-in-Training M.P.A. - Masters of Public Administration P.E. - Professional Engineer There will be no charges to the City for project managerial services provided by the Principal-In-Charge E I r ' C O \ S ULT | N G HOURLY RATE SCHEDULE REIMBURSABLE EXPENSES The hd|Ovvng expenses will be billed at cost plus 15% Services:Outside Includes fees paid tosub-consu{tanbs, consultants, analytical laboratories, and other providers of sen/ices required for execution of the project. Permits, Applications, and : Includes fees for Notices of Intent (NC}I), Notices of Termination (NOT), application fees, submittal fees, permit fees, and other fees required as pert of the project and not paid directly by Client. Services:Reproduction Includes blueprinting, copying, printing and plotting. In-house plots will be billed at $6.00 per sheet for each client set and for final in-house review set. Rental Fees: Includes rental fees paid bythe firm, including required vehicles, equipment, and tools required t0complete the work, Services:Commercial Delivery Including Express Mail, Federal Express, UPS and independent courier services. Services:In-House Pick-Up and Delivery These services, when provided byour firm, will be reim- bursed at $45.00 per hour plus $0.55 per mile, with no additional markup. Expenses:Travel Includes travel expenses incidental to performance of the work, including airfare, parking, tolls, taxi, and etc. Vehicle mileage will be billed at rate of $0.55 per mile with no additional markup. Travel time for survey Crews will be billed at $90.00 per hour, percrewrnernber, each-way, with no additional markup. Travel time for professional and administrative staff will he billed per the hourly fee rate schedule with no additional markup. Diem:Per Per them for overnight stays will be billed at $134 per day, per person. Subrogation:Waiver of When a Waiver ofSubrogation /or Workman's Compensation Insurance is re- quired by Client, the Client will be required to pay the additional insurance premium. The approximate amount for the waiver iS $350.OUper year. Invoices will be submitted monthly. Consultant RatinLy Matrix for the Engineering Consulting Services for Review of Water Quality Management Plan Firm Experience Project Staff Performing Manager Qualifications/ Similar Work Work with Experience Experience Proposal Fee Staff Office Location Firm Rating: City;Prev Exp Rating: Rating: Rating: Rating: Evaluation: Rating Total Name 0-10 Rating: 0-5 0-20 0-20 0-10 0-20 0-15 0-5 Rating Rating Rating Ratint, Rating Rating Rating Distance Rating 0-100 AEl- 8 4 17 17 9 19 14 Within 1.0 5 93 CASC miles Firm A 6 4 12 12 7 17 12 Within 10 5 75 miles Firm B 0 0 0 0 0 0 0 Within 10 0 0 miles Firm B did not respond to the Request for Proposal. The consultants were selected based a review of their qualifications and experience of staff which were rated as shown in the above table.