HomeMy WebLinkAboutContracts & Agreements_106-2008_CCv0001.pdf AGREEMENT TO PERFORM ENGINEERING SERVICES
FOR ANNEXATION OF PROPERTY TO, AND ADMINISTRATION OF,
THE CITY OF REDLANIDS' COMMUNITY FACILITIES DISTRICT 2004-1
This agreement for engineering services for annexations of property to,and administration of,
the City of Redlands' Community Facilities District 2004-1 ("Agreement")is made and entered into
this 74h day of July,2008 ("Effective 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 annexations of property
to, and administration of, 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 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, the Fair Employment and Housing Act and prevailing wage laws.
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.
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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 time schedules mutually agreed upon by City and Consultant.
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 Thirty Thousand Dollars ($30,000.00). 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 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.
53 All notices shall be given in writing by personal delivery or by mail. Notices sent by mail
should be addressed as follows:
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-----------------
City Consultant
Tom T. Fujiwara Paul Thompson
Municipal Utilities and Engineering Dept. Albert A. Webb Associates
City of Redlands 3788 McCray Street
35 Cajon Street, Suite 15A Riverside, CA 92506
PO Box 3005 (mailing)
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
Cite.
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.
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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.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.
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.
1
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;
(Ili) authorizing City to enter into, modify or renew a contract;
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(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 873021.
73 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
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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.
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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 ALBERT A. WEBB ASSOCIATES
B y �
B .
N. Eq e M rtinez, Lity anager
Attest:
City-elerk
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EXHIBIT A
Citv of Redlands
Annexation to and Administration of Community Facilities District 2004-1
SCOPE OF SERVICES
The following is a typical scope of services for an annexation of property to the Community
Facilities District 2004-1:
1 Conduct analysis of the landscape plans to determine the annual cost of maintaining
the proposed landscaping.
2. Determine the proper maintenance category for the landscape to be maintained based
on the annual costs.
3. Prepare an Annexation Boundary Map.
4. Prepare property owners* information data base.
5. Coordinate with legal counsel regarding election materials.
6. Prepare a short staff report.
7. Attend Council meetings 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
City of Redlands
Annexation to and Administration of Community Facilities District 2004-1
RATESCHEDULE
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A L0F, R. T A.
WEBB FEE SCHEDULE
RATES
A sS0ga . arEs S/HOU
CLASSIFICATIC�4
Engineers Project Manap-er/Planners/Scientists'
Ass essment/Special Tax Specialists/Landscape Architects/Designers
Principal11......... .......... .........-.............. ................. ......... ....................................... 192.00
Principal.I........................................................................................................................... 184.00
SeniorIII ........................................................................................................................... 167.00
SeniorLI............................................................................................................,................ 157.00
SeniorI .................................................................................................. 152.00
AssociateIII ...................................................................................................................... 144.00
AssociateII ........................................................................................................................ 124.00
AssociateI ......................................................................................................................... 118.00
AssistantV......................................................................................................................... 101.00
AssistantIV ....................................................................................................................... 97.00
AssistantIII ....................................................................................................................... 89.00
AssistantIt......................................................................................................................... 76.00
AssistantI .......................................................................................................................... 62.00
Survey Services
3-Person Survey Party............ ......... ............... .......... ................_......__......... 242,00
2-Person Survey Party..............................................................._.............,.......................... 212.00
1-Person Survey Party........................................................................................................ 130.00
Directorof Survey.............................................................................................................. 162.00
Managerof Field Operations........................................._.................................................... 120.00
SurveyTechnician 11.......................................................................................................... 104.00
SurveyTechnician I........................................................................................................... 86.00
Inspection Services
ConstructionManager .......................................................,............................................... 150.00
InspectorII ........................................................................................................................ 97.00
InspectorI .........................................................................:............................................... 92.00
Administrative Services
Project Coordinator...... ...... ...... ...... ......... ......... 86.00
Administrative Assistant III......................... .
. .................................................................... 72.00
Administrative Assistant 11..........__ _............ ........ ........._......... ....... .... 62.00
AdministrativeAssistant I .........................................................................................I--... 46.00
Other Direct Expenses
IncidentalCharges ............................................................................................................. Cost
Postageand Telephone ...................................................................................................... Cost
In-house Prints,Copies and Delivery ................................................................................ Cost
Traveland Subsistence ...................................................................................................... Cost
Expert Witness Testimony and Preparation ...................................................................... 375.00/flour
Consultant Time Relative to Legal Action ........................................................................ 300.00/flour
GISLicense Fee................................................................................................................. 37.00/flour
SubcontractedServices ..................................................................................................... Cost+ 15%
Survey/Inspector Vehicle................................................................................................... 0.77/Mile
Mileage............................................................................................................................... 0.66/Mile
NOTE: All rates are subject to change based on annual inflation and cost of living adjustments.
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C I T Y 0 F
REDLANDS
MEMOM u n i c i p a I
utilities and
engineering
department
To: N. Enrique Martinez, City Manager
From: Rosemary Hoerning, City Engineerp,0,-
Through: Tina T. KLindig, Finance Director
Subject: Consulting Services for Annexation to Community Facilities District
Date: July 2, 2008
As you know, City has been annexing certain new projects to the Community Facilities District
(CFD) 2004-1 in order to assure the maintenance of those items which affect the aesthetics of the
project and to provide attractive projects to the City.
The original formation of the CFD 2004-1 was accomplished for the project located at the southwest
corner of Wabash Avenue and Fifth Avenue(Tract No. 16408) in 2005. On April 19,2005, Albert
A. Webb Associates (AAW) was retained by the City as a 'consultant to provide the necessary
expertise to complete the CFD formation. Since then, AAW was retained to provide additional
consulting services to monitor, provide annual tax assessment adjustment and conduct inspection
of landscaped areas of the original and annexations to CFD 21004-1.
Since the original CFD 2004-1 formation, there have been two projects annexed to the district and
third one currently in process for annexation. We anticipate two more development projects to be
annexed in the near future as well. Albert A. Webb Associates has provided the necessary CFD
administration continuity and expertise to the City. This agreement is for $30,000 to cover the
current CFD annexations as well as any future annexations which may occur. The consultant fees
will be reimbursed by the proponents oithe annexations via revenue account"Community Facilities
District Trust Account". Additional appropriation is not required since there are budgeted funds
available in the CFD 2004-1 Assessments account. This agreement will provide an efficient
centralized method for implementing annexations to the CFD.
Staff recommends retaining AWA to continue providing the expert CFD services to the City in
processing future project annexations. Staff considers AWA fees reasonable for the services to be
provided.
The agreement has been reviewed and approved by our City Attorney., Dan Mcf lugh. Please review
and sign the attached agreement for your approval We appreciate reciate your consideration on this matter.
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