HomeMy WebLinkAboutContracts & Agreements_68-2007_CCv0001.pdf AGREEMENT TO FURNISH ENGINEERING CONSULTING SERVICES TO PROVIDE
WATER QUALITY MANAGEMENT PLAN TRAINING AND PLAN REVIEW SERVICES
This agreement for the performance of engineering design and plan review services for water
quality management plan submittals ("Agreement'") is made and entered into this I st day of May,
2007 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 design services for City's Water
Quality Management Plan(WQMP) Training and 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 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.
33 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.
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ARTICLE 5 - PAYMENTS TO THE CONSULTANT
5.1 The total compensation for Consultant's performance of the Services shall not exceed the
amount of Fifty-Three Thousand Dollars($53,000). 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 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 9317 S. Via Lata, Suite 500
PO Box 3005 Colton, CA 92324
Redlands,
CA 92373
,A"hen 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,
(3)0) days prior written notice to City,
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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
V
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 p I
ex 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 inderanift,'defend and hold harmless
is valid and enforceable only to the extent of the negligence of Co'nsultant,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
($2,00{1,000)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 01,000,000) 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
Consultant-owned damage liability. This coverage shall include all Consultant-oned vehicles'used
in connection with the Services,hired and non-owned vehicles,and employee non-oxNmership
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.
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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 Consultan' t's negligent and/or
intentionally wrongful acts or omissions under this Agreement: but excluding such 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 - 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'sServices. Consultant further covenants and represents'iliat 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:
(1) the making or any governmental decisions regarding
garding 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 perform the same or substantially all the same duties for
City that would otherwise beerformed by an individual holding a position specified in
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City's Conflict of Interest Code under Government Code section 87302.
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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 Clerks office
pursuant to the written instructions provided by the Office of the City Clerk.
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 attomeys'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 y ancopyright
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.'
83 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 o£ 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. 1�
S.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.
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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.
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 Engineering Inc.
By: /A-
Bv: Ll
on Harrison
Ric rct" Sidor, P.E.
Mayor Pncal
Attest:
CityA�crk,�City/o-' d6ds��
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."
Consultant shall maintain an accurate record of labor hours and expense spent in the review of
WQMPs for each of the projects.
Consultant shall provide consultation to City upon request.
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City of Redlands
Water Quality Management Pian
Plan Check Services
2006 Rate Schedule
AEI CASC EiINGU EERING
HOURLY FEE RATE SCHEDULE
January 1,2006
The following razes shall apply to services provided on a time-atsd-material basis. Rates reflected are hourly.
President/Principal $175.00 Resident Engine" $128.00
ClancallMiscaltaneousOf eitWork $63.00 Assistant Resident Engineer $118.00
Senior Field Inspector $101.00
Field Inspector 1 $86.00
Engnea;mg,l i*ctor, $143A0 FieldInspact-2 $95.00
Senior Project Manager!Project Manager. .. $137.00
P
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Asistant Project rlSeniorProject_ . °iectM... °ge.. _� ct._Eaginaes S118A0; _
Senior DesignerlProiect Enginset/Caiculatar 5110.00 Plenrmlg Director 5139.00
Design EngitsearlDesignat _. __..._... __ $105.00; Proo'ectMenem 5126.00
CADI i De '
arguerSeawrPlermar ! $ii$AO {
Senior CADD Drafter 589.00, Plantar $105AOi
,CADD Drafter _
_._ $68.00; AssiatarrtPlgnner _ 590,00
w4ler{jam Servicer eY
Eriginearing Director 5145.00 Three Person Survey/On Crew $255.00
Senior Project Manager/Project Manager 5137.00 Two Pare onSurvey/On'Crew $230.00
AssistantProject Manager/Senior Project Engmeer $118.00 One ParsonSurvay/mCrew 5200.00
Scientist $112.00 Senior Project Manager/Project Manager $13700
Senior Field lnspactor $101.00 Survey Analyst $110.00
Environmental Analyst I $86.00 _
Environmental Analyst II $95.00
Field Inspector $86.00 LitigationConsultant/Expert Witness $352.00'
Field Inspector R $95.00 Computer Time $32.00
Two Person Sampling Crew $188.00
REIMB]VRSABLE V ENSES
The fall owing expenses will be billed at cost plus 15°lo:
Rentoductidn Services-' Includes_blueprLntia&"Pyin&prinLn aad platting. Iu-house plots.uall be WUedaL$6.OB
_ pttshert_fisr.each.dientSal.aIId..fOLaflS2l..ir1-11QtlSe_.rrsrienrge _She_CheAt.35slrnmr n�p�yt_ _
Resrtal EQuitr sit=4 Fees: Any egmpment rental aid any fees advanced by our firm including plan chick and,
filing fees:
• CoteuntteclaIDeliverySm*eer Including F nesshRail, ederdlExitress,UPS and independent
counerservices.
In-Hom Pfr1-Ue aril Dyhyavv Sevvkers These serviaes provided by our Met will be reimbursed at$444.00 per
hour, In addition.mileage will be billed at 1t.5 5 per mile vaith no markup.
Tvrrel Et»eams: Mleage to and from the job site will be billed ata rate of S,55 per mile with no madcup and travel
time for survey crews wilt be billed at$90.00 perhour,per nun,one-my. Airfare will be billedat cost plus 154'x.
Per Dieter.Per diem fin overnight stays will be billed at$134 per day,per roast.
Waiv+et•of Suhngadon: If the client requires a id'~ofSubrogt#fonXw Wcirk mm 3 Compen5atfon fturcmce,the
c>ent i" be required to pay the adchuonal insurance premum for this request. 71he approximate amount for the
waives is$250 00.
NOTE: invoicing viii be submitted an monthly,progressive cycle.
937 S.Via Lata,Suite 500
Colton,CA 92324
Phone:(909)783-0101 •FAX:(909)783-0108
2006-0018