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HomeMy WebLinkAboutContracts & Agreements_93-2008_CCv0001.pdf A, L B E R T A . WEBB A S S 0 C I A T E S 3788 MCCRAY STREET RIVERSIDE CA 9250,16 PHONE: 9E1,686.10_70 FA.x, 951.788.1256 VVWVV.WEB2,ASS0C 1ATES,COM July 3, 2008 _P= Todd Housley,Project Manager/Airport Manager '1111 0 8 2008 City of Redlands Quality of Life Department Quality ®f Life Dept. P.6. Box 3005 35 Cajon Street, Suite 222 Redlands, CA 92373 SUBJECT: Design for West Ramp TaxlNvay Access Widening and Striping and Storm Dram' and Pavement Rehabilitation and Striping at Redlands Municipal Airport Dear Mr. Housley, Attached is the signed contract for the above referenced project. Exhibit"B" has been included in draft form until the schedule is developed. Please call,if you leave any questions. Sincerely, ALBERT A. WEBB ASSOCIATES David R. Crosstivhite,PZ.1S Cf'21 L WATER ASSESS MLNT PLANNiNG CONSTRUCTION TR,SrF€C x AND PUBLIC ENGINEERING RESOURCES SPECIAL TAX EI;V1R0W--1ENTA_ N1 A N A,G E M E N TWORKS ,R4NSPOPTATION SURVEYING ENGINEERING CONSUL- NG SERVCES AND INSPECrION ENG!NEERING AGREEMENT TO FURNISH PROFESSIONAL CONSULTING SERVICES FOR THE DESIGN FOR WEST RAMP TAXIWAY ACCESS WIDENING AND STRIPING, AND STORM DRAIN AND PAVEMENT REHABILITATION AND STRIPING AT REDLANDS MUNICIPAL AIRPORT This agreement for the provision of professional consulting services for the design for west ramp taxiway access widening and striping, and storm drain and pavement rehabilitation and striping at the Redlands Municipal Airport ("Agreement") is made and entered into this I" day of July, 2008 ("Effective Date"), by and between the City of Redlands ("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 professional consulting services in connection with the design for west ramp taxiway access widening and striping and storm drain and pavement rehabilitation and striping at the Redlands Municipal Airport(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 all applicable Labor Code and prevailing wage laws. DJM`�-Agree\-Albert A Webb Associates taxiway access and widening 6/20/08 239 p.m. ARTICLE 3 - RESPONSIBILITIES OF AGENCY 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-oNNmed property, as required by Consultant, to perform the Services. 33 City designates Todd Housley 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 set forth in Exhibit .'B," entitled "Project Schedule," which is attached hereto and incorporated herein by reference. 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 the City Manager. Consultant shall not perform, nor be compensated for, Extra Work without such ti Titten 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 Fourteen Thousand Two Hundred Dollars ($14,200). City shall pay Consultant on a time and materials basis up to the "not to exceed" amount in accordance with Exhibit "C,*' entitled "Project Costs," and based on the hourly rates shown in the Exhibit, which is attached hereto and incorporated herein by this reference. 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 the Services reflected in the invoice were performed to the reasonable satisfaction of City in accordance with the terms of this Agreement. DPM`,Agree\,AIbert A Webb Associates taxiway access and widening 6/1-0/08 2:39 p.m. 5.3 All notices shall be given in writing by personal delivery or by mail. Notices sent by mail should be addressed as follows: Cite Consultant Todd Housley, Airport Manager Dave Crosswhite, P.L.S. Quality of Life Department Albert A. Webb Associates City of Redlands 3788 McCray Street 35 Cajon Street, Suite 222 Riverside, CA 92506 P.O. Box 3005 (mailing) Redland, 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 5.31. ARTICLE 6 -INSURANCE AND INDEMNIFICATION 6.1 Certificates and Endorsements. 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 of the policy except upon thirty (3)0) days prior written notice to City. 6.2 Workers Compensation and Employer's Liability. Consultant shall secure and maintain Workers Compensation and Employer's Liability insurance throughout the duration of this Agreement 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 DJ1tiMgree\A1ber-t A Webb Associates -3 - ta-xiwav access and widening 6/20/08 2:39 p.rn, 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. 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 the real property that is the subject of the Services and shall not acquire any interest, direct or indirect, in any other source of income, interest in real property or investment'VNhich 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; DJivF,Agree\A1bert A Webb Associates -4- taxiwav,access and widening 6/220,108 2:39 p,rn, (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 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 filine, 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 City's agent. 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 ,vith 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. DJM1,Agree\_A1bert A Webb Associates -5- taxiway access and widening 6/20/09 2.39 p,rn. 8.4 Independent Contractor Status. Consultant is for all purposes under this Agreement an independent contractor and should 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 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 five (5) business 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. MV1,Aggree'Albert A NVebb Associates -6- taxiway access and widening 6,120/08 2:39 p.m, 8.7 Entire Agreement/Amendment. This Agreement, including the Exhibits incorporated herein by reference, represents the entire ng agreement and understanding between the 1� Zn 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. Any amendment to this Agreement shall be in writing, approved by Agency 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. 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 Bv: Tina Kundig, Finance Difor Attest: City 0,lerk ALBERT A. WEBB ASSOCIATES By: /W/0- r,Zen Dave Cross-,WhIfe-P.L.S. DJM',Agree'Albert A Webb Associates -7- taxiway access and widening 6/20/08 2:39 p.m, EXHIBIT A SCOPE OF SERVICES • The Airport Manager shall administer services specifically set forth by this Agreement and listed under this section. The Consultant will perform/provide all engineering, drafting, survey and geotechnical services required to prepare plans and specifications for the City to prepare bid documents for this project. The Consultant will minimally be required to assist the City with construction administration support. The City may choose to negotiate full construction management services, including material testing, construction staking and/or inspection. • The Consultant's staff shall include an Architect or Engineer, licensed in the State of California who shall be in direct control of this project. When engineering judgments or calculations are required during the design process, a professional engineer licensed in the State of California shall perform them. • The services to be rendered by the Consultant shall consist of all such services as are customarily rendered for such projects, and as detailed in the attached sample Service Agreement. • Consultant shall provide miscellaneous support as needed in response to regulatory notices or issues. • The construction budget established by the City is $200,000. This project is partially funded by the Federal Aviation Administration (FAA) DJM\-Agree\.A1bert A Webb Associates taxiwav access and widening 6/20/082:39 P.m. EXHIBIT B PROJECT SCHEDULE Upon award of contract, consultant shall assist City in establishing a project schedule for design services DJNM',,-Agree'%,A1bcrt A Webb Associates -9- taxiwav access and widenina 6/20/08 2:39 p.m, EXHIBIT "C" A A FEE SCHEDULE WEBB RATES S/_HO U R CLASSIF ICA'T"IO ti 1 neineers Project R•Ianager`Platiners Scientist' Assessmc.nt'Snecial Tax Spec.talists'Landscape Architects/Designers Principal 1.1.......................... ..............................,.............. 198,00 ................................................... Principal I......................... 190.00 SeniorIII ................................................................. 173.00 Senior 11 .............................. ............................................................................................. 1.62.00 . SeniorI ....................................................................................................... 1000 .............. ....................... Associate II[ ................................................................................ 149. . AssociateLI .......................... ............................... 1.28.00 AssociateI ......................... ...................,.,......................................................... 122.00 Assistant V.................... ............................. ......................................................,............ 105.00 AssistantIV ................................ ................................................................................... 101.0(1 Assistant III ............... ............,...............................,...................... 92.00 Assistant IL........................... ........................,.......................................... 76.00 ............................ Assistant I .....:..........................................:................. .........................................._....:.... £12,00 Survey Services 3-Person Survey Party....................... ..........,....,,.,........,................... 242.00 2-Person Survey Party............ .............,...........,.,,.,.. L 12.00 I-Person Survey Part .......,...1,,.11.1,..., 130,00 Party. 167.00 Directorof Survey......................................................... ........._1 .........,,.... Manager of Field Operations................................ .....................,,:............____ 124.00 Survey Technician II 1................111 .........111....... 108.00 Survey Technician F.___.... .........,..........,,,...................,:....... 89.00 inspection Services — Construction;Manager ............ ....................,.....,,....,................. 1.50,00 Inspector1I .......-.......................................... 105.00 Inspector I .................... ........................,..................................... .. 94.00 ...................................... Administrative Services Project Coordinator_.................... 86.00 1111 Administrative Assistant III..................... ...........,..............,............... 72.00 Administrative Assistant II................... . 62.00 Administrative:Assistant I ............... ...........1111....................,..... 46.00 Other Direct Expenses Incidental.Charges ................. ........,........................................... Cost Postage and Telephone .................... Cost In-house Prints,Copies ies and Deliver ................................................................. Cost. p'y y ............... Cost Travel and Subsistence ................... .. ....... ................... ............................................... . .. Special Consultant.......,1111............................. ................I............. .I—..... 250.00/Hour . Expert Witness Testimony and Preparation ..............................................111.................1 .. 375,00/Hour Consultant Time Relative to Legal Action ........................................................................ 325.00/flour GISLicense Fee..........111.......1.............. ................................ 39.00,11•lour Subcontracted.Services ....................................................................................... Cost w,, urvey,/Ins ector Vehicle ................................................... (1.,;,MI e Mileage....................... ....................,.................,,.................... (1.68!Mile NOTE: All rates are subject to change based on annual inflation and cost of living adjusunents. *A FIN 1NC.F C 11 iR(;F Mc a.l n P �.' e.c - t �-r c�5 t '� [:. c a utla� i tcd a n t,,�,cha2���..1s.. Mr'' he..1eaS i�.u'W'=•sv„i�,c.e,.�_r s,Wlp,'.ct t.,�r.�,t=�f }Lt.�rS liar 1 d0,�. SCf!1#t0'{ll OX)