HomeMy WebLinkAboutContracts & Agreements_236-2015_CCv0001.pdf AGREEMENT TO PERFORM PROFESSIONAL SERVICES
This agreement for the provision of plan„ map, and document review services
("Agreement")is made and entered in this 16t"day of December, 2015 (`'Effective Date"),by and
between the City of Redlands, a municipal corporation ("City)" and CASC Engineering and
Consulting("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 1 ---ENGAGEMENT OF CONSULTANT
1.1 City hereby engages Consultant perform plan, map, and document 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 that Consultant shall perforin are more particularly described in Exhibit"A,"
entitled"Scope of Services,"which is attached hereto and incorporated herein by reference.
2.2 Consultant shall comply with applicable federal,state and local laws and regulations in the
performance of this Agreement including,but not limited to State 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 designates Chris Diggs, 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 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 to be provided by the 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
1
materials basis up to the not to exceed amount, in accordance with Exhibit "B" entitled
"Project Costs and Hourly Rates." Exhibit"B"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, the number of hours spent and
by whom, and a description of reimbursable expenses related to the project. City shall pay
Consultant no later than thirty(30)days after receipt and approval by City of Consultant's
invoice.
5.3 Any notice or other communication required, or which may be given, pursuant to this
Agreement,shall be in writing.Any such notice shall be deemed delivered (i) on the date
of delivery in person;(ii)five(5)days after deposit in first class registered mail,with return
receipt requested;(iii)on the actual delivery date if deposited with an overnight courier; or
(iv)on the date sent by facsimile,if confirmed with a copy sent contemporaneously by first
class, certified, registered or express mail; in each case properly posted and fully prepaid
to the appropriate address set forth below, or such other address as a Party may provide
notice in accordance with this section:
city Consultant
Chris Diggs, Director CASC Engineering and Consulting
Municipal Utilities and Engineering Jeff Endicott,Engineering Director
City of Redlands 1470 E. Cooley Drive
35 Cajon Street, Suite 222 Colton, CA 92324
PO. Box 3005 (mailing)
Redlands, CA 92373
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 Workers' Compensation and Employer's Liability insurance in the amount that meets
statutory requirements with an insurance carrier acceptable to City,or certification to City
that Consultant is self-insured or exempt from the workers' compensation laws of the State
of California. Consultant shall provide City with Exhibit "C," entitled "Workers'
Compensation Insurance Certification,"which is attached hereto and incorporated herein
by this reference prior to commencement of the Services.
2
6.3 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
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($1,000,000)per claim made.
6.5 Consultant shall secure and maintain business auto liability coverage,with minimum limits
of One Million Dollars ($1,000,000) 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, arising from injury or death to persons or damage to property occasioned
by any negligent act or omission by,or the willful misconduct of,Consultant,or its officers,
employees and agents in performing the Services.
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 a governmental decision whether to:
(i) approve a rate,rule or regulation, or adopt or enforce a City law;
(ii) issue, deny, suspend or revoke any City permit, license, application,
certification,approval, order or similar authorization or entitlement;
(iii) authorize the City to enter into,modify or renew a contract;
(iv) grant 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) grant City approval to a plan,design, report,study or similar item;
(vi) adopt or grant City approval of,policies,standards or guidelines for City or
3
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 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,
Consultant shall complete and file a Fair Political Practices Commission Fonn 700,
Statement of Economic Interests, with the City Clerk's 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 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 terms and conditions of this Agreement.
8.3 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 its agents shall have
control over the conduct of Consultant or Consultant's employees, except as herein set
forth.Consultant shall supply all 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 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.This Agreement may be terminated by
City, in its sole discretion,by providing not less than five (5) days prior written notice to
Consultant 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
4
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 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 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 Services.
Consultant shall be compensated on a pro-rata basis for Services completed up to the date
of termination.
8.5 Consultant shall maintain books, ledgers, invoices, accounts and 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 bylaw,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, any
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.
5
IN WITNESS WHEREOF, duly authorized representatives of City and Consultant have signed in
confirmation of this Agreement.
CITY OF REDLANDS CASC Engineering and Consulting
B/. En4riqueA'a�rti6z�,
By:M,Le"xt(. "e. 44?�'
ty cr r Michelle E.Furlong, Secretary/Trea er
Attest:fe- /
t2c�/
anne Donaldson,
Deputy City Clerk
6
EXHIBIT "A"
SCOPE OF SERVICES
Conduct engineering review of tract maps, parcel maps, easement documents, legal descriptions
and other miscellaneous documents associated with development and redevelopment projects to
comply with City standards, specifications, policies, state regulations and acceptable engineering
and surveying practices.
7
EXHIBIT B 1470 E.Cco'ey Di>•e
CA- *$.,,C Project Costs and Huudy Rates Coach,CA 92324
OfLce.90.783x1101
� fS3:�1C�
CASC ENGINEERING AND CONSULTING Fax:9„9.7
RATE SCHEDULE
lac ca ry 1.:313-ac:crr@er 3 2.10.3
Lx,aaL rr,Fr-Pa:T'•a' S:n: n..nKt:rte,
:Jn
[o-n'.:a- ...- ..n rr P^1T-r^.VraT•r;T,er-.a.:gf[..:.1 S1:]
.-r Jr.ir,^r.Ta•ap l fan+.':Fu a:11 S:Ll ]an to P-q•YT Ar,.+C•- P.r:rC SISS
r•:�er-►lraR- ,.r R-,'a:l}/utt[ar .a r rt 5:7:
'�yrct•la-rryq: ..r rrT n,er.. i:1: ..n m p'.r+rV-1' S3:.
..^;1,c!4'.-.T.!: rr[nTwar[ S:c) Sans i�r-•rr-t
St:)
r;].eva-aT..,:ar..rrn[rr.r; S:a nt.n.•1
Arr.ra:•p'y.o Yc-.[•• ::] n.rrrr ,
�:tnt!•p•a' ,.,. •Che A:!a:
S[.
..r S.a T'r'1' .::'S A::or dl C+n•a ST;
tarn f,r•aer .... re•.�re^r.•tfltr•�ra.
Cs.�-rr! �:C] tern:a0-s•Q„a:e A.'_�-'o:f •
CAC.0:r a•r•f :?: A_ .
CA_.:r.!.•i Sii to L'.t L.-.Iz.pa}'Y'rr 1:7
Ta•,1,•A.fa S'] t.n1>:r:r rAXI C-h.• /[�
[++•ac.�-r.e�'_Mwar o:otr L.>Sr. ce�•r-+••x..u.._...«._
...r J,:Q a-A•�',[a-'Tr,t rs.!t..r:! ::(.] Ana:•.:
K—b'!T-ttarr /:1:
�.x�'s,..►,a.a[E' .::] red'rasa fr 1i•.
•_1x,1 Ya•aj•r':.,h•..tf ya..r11 +.. re:.l:r.4 a',r:1 ::C
.c•:y Traa:af ra T.V A•6Id f fr•nA!1 ,. 1 L'E:'a:0^.r 1
ST•.
..._r.t:nraT..:R-a%1�.�rMd[ S:•a:
racm hart'.:A•.Y'f"S:e.•1nt: .:]) fnnaMwr><^}LIr•.r•w.
[-.I`•rtarfi Ar.ir�'S'rnt lt: Si]: llmerH SrraJ:a :lratl:-
[r.J>rtaela.lr..1,•;�1,n:.t 1 r.._ .e,.•S�'rali�:s.!Ma•La• S:f
C•. -ar•f1•lr)Ir:iNrl:tl
St:: Tn•,_.5.:-rt1 Ari>:• S:f:
:.n..n,a+T....r•nf� S`)] C.::Irt;r:t ...
.Ln 4JdwK1 :'] SI:NI Ar.Af>t] .«.
{.4Knr p h•.a A.y S-
yyr.__x>.-:>�.I:r,ewc.�: :.J: n.r•a•Yve[•e•rY
r:f.n,.�1>„+p•.c•.rt,.ii .. r.rnasa.>r.rr.I•Jr,:1r. .._.
9-:Stu A.,.a-r' T.l! L^.a fe.us-:.r.r>CDS C•..
't:[*!—S•Cfa l a�Tr1)a1'A't rr.f N•:�,!7 J f I^.•I L'e aGt.r••.f sQ nu:.'>r•a.r.
STTAMAL06l"[)V[MXS
ry•dtwn[n;rres.r::y d:en a a:ri p,r.:)+.un-r:.r.clna'wm nctrE
.-rlsr Iae.rxd to awn:_-o:,[,r•er ,�a.,.no•1x .ns.>itr.tana,ra:.r,.> .na:.rhe•F„an.-,r•.arr>a..a�.. ..1 r..•a..:r-c.-.�r tn.;ate. r.
IR uda Iran ts'M'u.d Yra'1 %cf, rcta.a cI'o,,,n1 cn 143-. a,:Ic.'a-n fw....>"nna'N•. parnat!w. .r•d ctrror
th.1—t.r-mat]a Iy d"Kfi>Or Ciar.t
Ir:>1:e.aur>,nrY.:(-V"'v :a'+'r r•[an0�:;C.n[ In h__>r:Lt,pr[to Jle]a[i'J::Co•resat/;a•.a.�.;S.nf vt>••d ru•a rw'n nrw•r✓ew yf
L'IV%Cr•.1:: wG—SCSI/i:•r l:r[1x II.-a ti l'+til l�lar S i X
-af�.rrrY:.N•,.v•]Cl Ine hrtn ..-:.tl.-('a•1.�'a3 x,:kr .gJFmn u�C Y.:et:•a-,arotl C:•acn:y.Ir Ma r�•t
>•Y 1>L•[T.pr..;11,1:,fadc'if(.;aa.t LL:.n�rda:V n•L hi_,Jur.n air.
•A.rn,.NIST_jthe Trm tha tl.ialran W t:.r Ella^at iGl 3:Fat r"f l:t..:SJ:r.par ml-I++r.tl ittt: rrth n•add,—a me':
t r:[.�}m.f'r.at aa;.r nvr 't tla•[.11,:Fe r..r-•.M:e:<1ne ar a-t_.a,.Q,•[.f1a•a �.rf.•(L-, I-- lC[:,Y.-a a.. 1'e•1■mt•ve Wv r..DI;W.rt a rata Y i?f.G
r mita ea}n rI�.dJt——"p I,...[l rn.Iar�w.1a...•hat.nQ,ET r.lrf!,a.ea? rIl b.ylyd ir•tfa ne:rl>Iee lata s:lr Qua wl^ ra i'�I,��al T,rl Utz!n_w r•Y erary
n tit Dtlyd a!S:40 par ft— P.,l maw are.
]fir Eam Ih•+.ra.
f."'—Ac.1 Afar w.:•:ar DI+S.!itC Wr ds,
P r..fur.--.A'.'pprlix. I t.•rracl da aC-.P.E:,a C[ar•1:u Ca a.Lys..t Ic P'r.n 1.•aJ 411.1.x•rf b.bila .!tr•e•e[I.:tr 1[a!!..la a tnr Cr.aa:.ni'.ti'•[a refs
�at�rra.ryPi[M10- Ta P'.-Im W.C.rat..".'16111 la,a iT:r:a r.ria P.t.: rfrra^a)xfr[h111%A+T.>f:_-:1-r(iat.K.'.Drt.rr.nalc-iusQ aC.I(>n..-I
111tcr NInduct• t.nrrr.I-
A.—cif +[alt:,n/_.'h"rna-nas'a�_-Fan_.!ch:•.::rant.11'a3:aro_DY Ma::le'f tMCaa•,ir:C ba laq<.1'ad lU;..aY ina aTl't'•-1,
Iawaa}tr prflrllrr. TV.ltppo.fwrM1 uwa.,wi Por afs r.P-1>$Sfd P-roar
8
EXHIBIT "C"
WORKERS' COMPENSATION INSURANCE CERTIFICATION
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 by one or more insurers 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.
CHECK ONE
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 and activities required or permitted under this
Agreement. (Labor Code §1861).
I affirm that at all times, in performing the work and activities required or permitted under
this Agreement, I shall not employ any person in any manner such that I become subject to the
workers' compensation laws of California.However,at any time,if I employ any person such that
I become subject to the workers' compensation laws of California,immediately I shall provide the
City with a certificate of consent to self-insure, or a certification of workers' compensation
insurance.
I certify under penalty of perjury under the laws of the State of California that the information and
representations made in this certificate are true and correct.
CASC ENGINEERING AND CONSULTING
By:,�-I � Date: 14,-1,&1J5
Michelle E.Furlong
9