HomeMy WebLinkAboutContracts & Agreements_49-2006_CCv0001.pdf AGREEMENT TO FURNISH CONSULTING ENGINEERING
SERVICES TO PREPARE THE FISCAL YEAR 2006-2007 ANNUAL
LEVY FOR COMMUNITY FACILITIES DISTRICT NO. 2004-1
This Agreement is made and entered into this 7th day of March, 2006 by and between the
City of Redlands, a municipal corporation(hereinafter "City") and Albert A. Webb Associates
hereinafter("Consultant") who are sometimes individually referred to herein as a"Party," and
collectively, 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 and Consultant hereby accept the engagement to prepare the
Fiscal Year 2006-2007 annual levy for Community Facilities District No. 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 specific 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 Labor Code section 1770 et. seq. and non-
discrimination laws including the Americans with Disabilities Act and the Fair Employment
and Housing Act.
2.3 Consultant further understands that if it violates the provisions of the Labor Code relating to
prevailing wage, that City may enforce the Labor Code by notice of the withholding of
contract payments to Consultant or its subcontractors pursuant to Labor Code sections 1726,
1.727 and 1771.6.
2.4 Consultant agrees that if it executes an agreement with a subcontractor to perform any of the
Services that Consultant shall comply with Labor Code sections 1.775 and 1777.7 by
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 may be enforced by City pursuant to Labor Code sections 1775 and 1813.
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ARTICLE 3 -RESPONSIBILITIES OF CIT
3.1 City shall make available to Consultant inforniation in its possession that is pertinent to the
performance of Services.
.P.E.to act as its representative with respect to the Services
3.2 City designates Ronald C.Mutter,
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 Exhibit "A," entitled "Scope of Services."
ARTICLE.5 - PAYMENTS TO THE CONSULTANT
5.1 The total compensation for Consultant's performance of the Services shall be in the amount
of$2,000.
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,
indirect costs, and the detailed cost of all Services incluing backup documentatil of
on.
Payments by City to Consultant shall be made within 30 daysdafter receipt and approva
Consultant's invoice,by warrant payable to Consultant.
5.3 All notices, bills and payments shall be made in writing and may be given by personal
delivery or by mail. Notices,bills and payments sent by mail shalt be addressed as follows:
City Consult
Ronald C. Mutter, P.E. Paul Thompson
Public Works Department Albert A. Webb Associates
City of Redlands 3788 McCray Street
35 Cajon Street. Suite 222 Riverside, CA 92506
PO Box 3005 (mailing)
Redlands, CA 92373
When so addressed, such notices shall be deemed given ep
ondepontMail.Changes may be made in the names and addresses ofthe prson to whom notices and payments are
to be given by giving notice pursuant to this section.
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ARTICLE 6,- INSURANCE--AND—IN—D—E—M—N—'F'CA�T'ON
6.1 Consultant's Insurance to be Primary. 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 (30) days prior
written notice to City.
6.2 Workers' Compensation and Employer's Liability.
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
from the concurrent negligence of
I -
damages referenced herein were caused by or resulted
herein to indemnify,defend and hold
City,its agents or employees,the obligations provided
harmless is valid and enforceable only to the extent of the negligence of Consultant, its
officers, agents and employees.
6.3 Comprehensive General Liability insurance. Consultant shall secure and maintain in force
comprehensive general liability insurance with carriers
throughout the duration of this Agreement comp Z:>
'Ilion dollars($1,oO0,000)per occurrence acceptable to City. Minimum coverage of one million and two
al inis
,ate for public injury million dollars ($2,000,000) aggregate liability, property damage and person -i -
that City shall be named as an additional insured.
required. Consultant shall obtain an endorsement
6.4 Professional Liability Insurance. 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.
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6.5 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 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.
6.6 Assignment and Insurance Requirements. Consultant is expressly prohibited from subletting
or 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 sublet a portion of the Services,
Consultant shall add the subcontractor as an additional insured and provide City with the insurance
endorsements prior to any Services being performed by the subcontractor. Assignment does not
include printing or other customary reimbursable expenses that may be provided in this Agreement.
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6.7 Hold Harmless and Indemnification. 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 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 - 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.
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7.2 Consultant's key persons to perform the Services are Paul Thompson. Consultant at
this person shall be made available and assigned to perform the Services and that he shall not
be replaced without concurrence from City.
7.3 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 said above described 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.
7.4 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.
7.5 Unless earlier terminated, as provided for below, this Agreement shall terminate upon
completion and acceptance of the Services by City-
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7.6 This Agreement may be terminated by City,without cause,by providing five(5)days prior
written notice to Consultant(delivered by certified mail,return receipt requested)ofintent to
terminate.
7.7 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.
7.8 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.
7.9 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.
7.10 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 Council of City and signed by City and Consultant.
7.11 This Agreement shall be governed by and construed in accordance with the laws of the State
of California.
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IN WITNESS WHEREOF, duly authorized representatives of the City and Consultant
have signed in confirmation of this Agreement.
City of Redlands
Consultant
BY f Patti Thompson
JON HA BISON Albert A. Webb Associates
Mayor
Attest:
City Clerk, City ofA 'dla ds
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A L B E R T A A S S 0 C I A T E S
WEiiflll
3788 MCCRAY STREET RIVERSIDE, CA 92506
PHONE-, 951,6861070 PAX: 951.788,1256
WWW,WEBBASSOCIATES.COM W. 0. 06-0042
February 7, 2006
Mr. Ron Mutter
Public Works Director
City of Redlands
35 Cajon Street, Suite 222
Redlands, CA 92373-1505
RE: Proposal for the 2006-2007 Fiscal Year Annual Levy and Annexations for
Community Facilities District No. 2004-1
Dear Mr. Mutter:
Albert A. Webb Associates is pleased to submit the following proposal for the 2006-2007
fiscal year annual levy for Community Facilities District No. 2004-1. We have also
included a proposal for the ongoing annexations into Community Facilities Districts No.
2004-1.
Our proposal for preparing the Annual Levy for Community Facilities District No. 2004-1
and Annexation No. I to 2004-1 is as follows:
* $2,000(flat fee)
Our Scope of Services for Community Facilities District No. 2004-1 will include the
maintenance of a database for the District, preparation of the attachment to the ordinance
setting the special tax rate, calculation of the special tax rate pursuant to the adopted rates
and method of apportionment of special taxes, and submittal of the enrollment to the
County of San Bernardino Auditor Controller for placement upon the tax bills.
In addition to the annual levy, it is anticipated that Albert A. Webb Associates may
prepare a number of annexations to Community Facilities Districts No. 2004-1.
Our proposal for annexations to Community Facilities District No. 2004-1 is as follows:
• $2,500 for annexations into Community Facilities District No. 2004-1
with one sheet, and an additional $400 for each additional sheet.
C
TION TRAFFIC LAND PUEILf,
ASSESSMENT/ PLANNING CONSTRIUC. WrRKS
WATER T TRANSPORTATfON S U Rv C.YIN, G
SPECIAL TAX
URCES
ENGINFERiNG RESO EN'vIRONMENTAL MANAGEMEN
ENGINEERING CONSULTING SF-RVICES AND INSPECTION ENGINEERING
Mr. Ron Mutter
February 3, 2006
Page 2
Each annexation would consist of the preparation of the required maps, recordation of the
boundary map, and coordination with Best, Best and Krieger with the elections, the
election waivers, the election ballots, and the registrar of voters certification of voters
within the proposed annexation area.
It has been a real pleasure working with the City and we look forward to continuing that
relationship.
If you have any questions regarding the above, please feel free to call me.
Sincerely yours,
ALBERT A. WEBB ASSOCIATES
Paul Thompson
Cc: John Davidson, City Manager, City of Redlands
Albert A. Webb Associates
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