HomeMy WebLinkAboutContracts & Agreements_39-2013_CCv0001.pdf AGREEMENT TO PERFORM ENGINEERING SERVICES
This agreement for engineerin't, services ("Agreement") is made and entered in this 28"'
day of February, 2013 ("E ffective Date"), by and between the City of Redlands, a municipal
corporation("City")and Albert A. Webb Associates(-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 engineering services for administration of
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City's Community Facilities District 2004-1 (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,
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professional consultants in the industry providing like and similar types of Services.
ARTICLE 2 - SERVICES OF CONSULTANT
2.1 The Services that Consultant shall perforin are more particularly described in Exhibit
-A,"entitled"Scope of Services," which is attached hereto and incorporated herein by
ref-erence.
2.2 Consultant shall comply with applicable federal, state and local laws and regulations in
the performance of the Services.
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 designates Chris Diggs, Deputy Municipal Utilities and Engineering Director, 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 pertormance of the Services.
ARTICLE 4-- PERFORMANCE OF SERVICES
4.1 Consultant shall perform and complete the Services in a prompt and diligent manner.
The Services shall be completed on an as needed basis and at the request of City and shall
be completed on an agreed upon time. This agreement shall terminate upon the
exhaustion of the funds identified in Article 5,1,
4,2 If Consultant's Services include deliverable electronic visual presentation materials, such
materials shall be delivered in a lbrrri, and made available to the Cite,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
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ARTICLE 5 - PAYMENTS TO CONSULTANT
5.1 The total compensation for Consultant's performance of the Services shall be paid on a
time and materials basis up to the not to exceed amount of twenty thousand dollars
($20,000),and based upon the hourly rates shown in Exhibit 13,1' entitled-Rate
Schedule,"which is attached hereto and incorporated herein by this reference.
5.2 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, and the number of hours
spent and by whom. City shall pay Consultant no later than thirty(30)days after receipt
and approval by City of Consultant's invoice.
5.3 All notices shall be given in writing by personal delivery or by mail. Notices sent by mail
should be addressed as follows:
Citv Consultant
Chris Diggs Paul Thompson
Deputy MUED Director 3788 McCary Street
City of Redlands Riverside, CA 92506
35 Cajon Street, Suite 15A
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 pet-son to whom notices
and payments are to be given by giving notice pursuant to this section 5.3.
ARTICLE 6- INSURANCE AND INDEMNIFICATION
6.1 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 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,
6.2 Consultant shall secure and maintain Workers' 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 as
described in Exhibit"C," entitled**Workers' Compensation Insurance Certification,"
which is attached hereto and incorporated herein by this reference.
63 Consultant shall secure and maintain 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 and
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such insurance shall be primary and non-contributing to any insurance or self-insurance
maintained by City.
6.4 Consultant shall secure and maintain professional liability insurance throughout the term
of this Agreement in the amount of One Million Dollars ($1.000,004) per claim made.
6.5 Consultant shall have business auto liability coverage, with minimum limits of One
Million Dollars ($1,040,000) 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 maintained by City.
6.6 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, to the extent arising from injury or death to persons or damage to
property occasioned by any negligent act, omission or failure to act by Consultant, its
officers,employees and agents in performing the Services.
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ARTICLE 7—CONFLICTS OF INTEREST
7.1 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 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 City 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 City permits, licenses,
applications, certifications, approvals, orders or similar authorization or
entitlements;
(ill) authoring City to enter into, modif�v or renew a contract,
(iv) a ranting City approval to a contract that requires City approval and to
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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
agovernmental decision or otherwise perform the same or substantially the same
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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, Consultant shall complete and tile a Fair Political Practices Commission Form
700, State of Economic Interests with the City Clerks' office pursuant to the written
instructions provided by 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
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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 Consultant shall not assign any of the Services, except with the prior written approval of
City and in strict compliance with the tern-is, and conditions of this Agreement.
8.3 Project related documents,records, drawings, designs, cost estimates, electronic data
files, databases and any 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 Consultant is for all purposes under this Agreement an independent contractor and shall
perform the Services as an independent contractor. Neither City nor of its agents shall
have control over the conduct of Consultant or Consultant's employees,except as herein
set forth. Consultant shall supply 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 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.
8.5 Unless earlier terminated as provided for below, this Agreement shall terminate upon
completion and acceptance of the Services by City; provided, however this Agreement
maybe 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. 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 receipt of a termination notice,
Consultant shall immediately discontinue its provision of the Set-vices and, within five (5)
days of the date of the termination notice, deliver or otherwise make available to City,
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copies(in both bard 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 Set-vices. Consultant shall be compensated on a pro-rata basis for Services
completed up to the date of termination.
8.6 Consultant shall maintain books, ledgers, invoices, accounts and other records and
documents evidencing costs and expenses related to the Set-vices 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.
8.7 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, an
amendment to this Agreement shall be in writing, approved by City and signed by City
and Consultant.
8.8 This Agreement shall be governed by and construed in accordance with the laws of the
State of California.
8.9 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 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, duty authorizes representative of the City and Consultant have
signed in confirmation of this Agreement,
CITY OF REDLANDS ALBERT A. WEBB ASSOCIATES
By: Bv:
Tina Kundig, Finance Director Paul Thompson
ATTEST:
Sam Irwin, ty C rk-
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Exhibit"A"
Scope of services:
The following is a typical scope of services for administration of the annual levy for Community
Facilities District 2004-1:
I) The maintenance of the database for the City.
2) Preparation of attachments to ordinances setting special tax rate.
3) Calculation of the special tax rate pursuant to the adopted rates and method of
apportionment of special taxes.
4) Submittal of the enrollment to the County of San Bernardino Auditor Controller for
placement upon the tax bills,
The following is a typical scope of services for an annexation of property to the Community
Facilities District 2004-1:
I) Conduct analysis of the landscaping plans to determine the annual cost of maintaining the
landscaping.
2) Determine the proper maintenance category for the landscaping to be maintained based
on the annual costs.
3) Prepare an Annexation Boundary Map.
4) Prepare property owner's information data base.
5) Coordinate with legal counsel regarding election materials.
6) Prepare a staff report
7) Attend City Council meeting for the adoption of the Resolution of Intention and for the
public hearing.
8) Record the Boundary Map with the San Bernardino County Recorder.
9) Provide mylar copies of the recorded Boundary Map to the City Clerk and other City
departments.
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Exhibit"B"
Rate Schedule
RATES
CLASSIFICATION _�,TUQLJR
Assessment/Special Tax SpecialistsiDesigners
Principal U............................--.......--- ..........--......... ............. 172,00
Principal/...................... ... ...____....... ......... ...............--_.........-.............. 172.00
SeniorIII........ ................... .............................. ....... _---- .......... 154.80
Seniori| ___........................-.......____......-.......... ......--.---- ............. 146/O
Senior| ............................___.... ..... ............. .... .... -............----... ...... - 140,00
AssociateIII --....................... .....---- ......................--..... -............. ....... GSVO
AssociateU ...... ....................... ... ...... --- .......----........ ... - ..... -.......... //4/x
Associate} .........................................- ......----...... ......................- ... ....' 109.00
AssistantY............... ............ ...............—....... -...... -........- ...... ---......... sGoO
Assistantn/ ........................_----.........-........... ..... -.............-.............. 8908
AssistantIII........................._-- .................................... ------........-........ 82o0
AssistantU ...................... - ............---- ............ ............-.............___....... 70/0
Assistant| ..................................- ...... .........---...... ................ -.......--' 57V0
Survey Services
I-poo*`Survey yvny .........-- .........---......... .......................-- ...... 230.00
2-PoamSurvey Party......._................ -- ........_-.................................... .... 102'00
\-Person Survey Party.......-........ --------- ................... - ...... ...— 12100
Director ofSurvey................... .... ................._.--........................................ 154,00
Manager*fField Operations........-_----........... ......................... ...... - ....... 1 14A
SurveylecboiciaoU......................................... ------................................ vuJm
Survey Technician L------_- ......... ............... -.................................. .... 82.00
Illsl2ecti011 Services
Construction Manager...........---.....................- ...............-----............ /42/0
InspectorU-........................... -- .............- ... ... ........_............................ 871m
InspectorL----------......... .........................--......- .............................. 87{0
Administrative Services
Analyst............... .............................. -- ........... --...............----___--' 91{0
Assistant A^u4s ........-...........-.... ........--...- .........------------- 81/0
project Coordinator........... ............----............... -.......... ------_--... 82/X
Administrative Assistant III --_------'_-------............................... 68.00
Administrative Assistant U ............. - ...... --- ............ ...............................' 58V0
Administrative Assistant) .... -- ............................. ........- .......--.................... 42/00
Other Direct Expenses
Incidental Charges ......... ---------- ........ ........--- ............................... cost
Postage and Telephone ----_-----------_---........ .............. .... Co*
In-flouse Prints,C^pkoand Delivery -......------- .................... ...... .......... cost
'Travel.0Subsistence ---------------......... -_------ ........ .... Cost
Expert Witness Testimony and Preparation................. ...... ........ ........ -................ 345.0mn^o
Consultant Time Relative to Legal Aud"n-....................... ..........-................... - 280{001^v
ComputerTime.........................-- ....... -...................._--......... ............... /5/N
GIS License Fee.... ......... ...........____......_...-......... --- ......... ............ 35zN
Subcontracted Services ............... ...... ...... ................... -_................................. Cost+ 15%
8nm^y3nsp,*m,Vehicle----...........- ....___... -..................... -... -........... �7nPer Mile
Mileage_................. - ....... ................---- .................................... ---- 6VPer Mile
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EXHIBIT "C"
WORKERS' COMPENSATION INSURANCE CERTIFICATION
TO PERFORM OF ENGINEERING SERVICES
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 in one or more insurer 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.
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 of this Agreement. (Labor Code §1861).
ALBERT A. WEBB ASSOCIATES
By:
Paul Thompson Date:
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