HomeMy WebLinkAboutContracts & Agreements_157-2013_CCv0001.pdf AGREEMENT TO PERFORM PROFESSIONAL SERVICES
This agreement for the provision of plan review and CASp consulting services
("Agreement") is made and entered in this 13th day of August, 2013 ("Effective Date"), by and
between the City of Redlands, a municipal corporation("City)" and CSG Consultants, Inc.
("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 to provide plan review and CASp consulting services for
City(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.
1.3 The term of the Agreement shall be commence on the Effective Date of this Agreement
and terminate on July 1, 2014 (the "Initial Term"); provided, however,the City shall have
the option to extend the Initial Term of this Agreement for one (1) one-year(the
"Extended Term"), on the same terms and conditions, by providing written notice to
Consultant at least thirty(30) days prior to the expiration of the Initial Term. The Initial
Term and the Extended Term are together referred to herein as the"Term."
ARTICLE 2 — SERVICES OF CONSULTANT
2.1 The Services that Consultant shall perform 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 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 Henry Roe, Chief Building Official, 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.
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ARTICLE 4— PERFORMANCE OF SERVICES
4.1 Consultant shall perform and complete the Services in a prompt and diligent manner in
accordance with the schedule set forth in Exhibit"B," entitled "Services Schedule,"
which is attached hereto and incorporated herein by this reference.
4.2 If Consultant's Services include deliverable electronic visual presentation materials, such
materials shall be delivered in a form, and made available to the City, 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.
ARTICLE 5 —PAYMENTS TO CONSULTANT
5.1 The total compensation for Consultant's performance of the Services shall not exceed the
amount of Ten Thousand Dollars ($10,000). 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"C,"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, 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 All notices shall be given in writing by personal delivery or by mail. Notices sent by mail
should-be addressed as follows:
City Consultant
Henry Roe Khoa Duong, P.E.
Chief Building Official Vice President, Building & Life Safety
City of Redlands CSG Consultants, Inc.
P.O. Box 3005 801 Park Center Drive, Suite 230
Redlands, CA 92373 Santa Ana, CA 92705
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 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
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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 in accordance with the laws of the State of California, with an insurance carrier
acceptable to City as described in Exhibit"D," entitled"Workers' Compensation
Insurance Certification," which is attached hereto and incorporated herein by this
reference.
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 teini
of this Agreement in the amount of One Million Dollars ($1,000,000) per claim made.
6.5 Consultant shall have 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 hat iless 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 and negligent act, omission or failure to act by Consultant, 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:
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A. Does not make or participate in:
(i) 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;
(iii) authoring 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 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 Form
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 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 all necessary tools and instrumentalities required to
perform the Services. Assigned personnel employed by Consultant are for its account
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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 This Agreement may be terminated by City, in its sole discretion, by providing ten(10)
days prior written notice to Consultant (delivered by certified mail, return receipt
requested) of City's intent to terminate. If this Agreement is teuninated 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 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 foi in, 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.
8.6 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 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. 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.
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IN WITNESS WHEREOF,F, du,lyaLithorizes representative of the City and Consultant have
signed in confirmation of this Agreement.
CITY OF REDLANDS CSG CONSULTANTS, INC.
By: By: .-Ye/tk_sl-lit/t -
Tina T. Kundig, Finance Director Khoa Duong, P.E., Vice Pr€sident
ATTEST:
Sam Irwin, City Clerk
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Exhibit "A"
Scope of services:
Consultant will provide California Building Standards Code construction plan review and
consulting services to City on an as requested basis. Such consulting services shall include
reviews for Title 24, Part 2 (building), Part 2.5 (residential), Part 3 (electrical), Part 4
(mechanical), Part 5 (plumbing), Part 6 (energy), and Part 11 (green building standards), such
regulations as may be amended from time to time by the City's Municipal Code and the State.
Consultant will also provide Certified Access Compliance Specialists (CASp) services to City as
defined by Government Code section 4459.5, on an as requested as basis.
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Exhibit"B"
Services Schedule
Consultant shall, upon request by City:
1. Provide a CASp consultant available within one business day for phone consultation.
Provide a CASp consultant available for an onsite inspection within 5 business days.
2. Review plans for code compliance and return the plans within 10 business days for new
submittals and within 5 business days for resubmittals.
3. Provide expedited time frames for the above services when requested to do by City, as
mutually agreed upon at the time of the request.
Requests for service will be made by email or phone, or both.
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Exhibit"C"
Rate Schedule
Services Based on Hourly Rates
DESCRIPTION RATES
• I 11.1 "id
Plan Check Engineer(California registered Civil or Structural Engineer) $85 per hour
Buildin! Ins•ector $55 ser hour w/Cit Vehicle. $65 ler hour w/CSG vehicle+milea).e reimbursement
Certified Acessibility Specialist $85 per hour
Geotechnical Review $85 per hour
Services Based on a Proportion of City's Fees
DESCRIPTION RATES
Building Plan Review Services 65%of the City's Collected Plan Review Fees
Structural*, Plumbing,Mechanical, Electrical Plan Review Services 30%of the City's Collected Plan Review Fees
Expedited Plan Review Services 80%of the City's Collected Plan Review Fees
*Structural plan review only, when requested by City, shall be at City's choice of an hourly
review, or 30% of City's collected plan review fee per the above schedule. In all cases,
Consultant will confirm the method of billing and nature of the work requested prior to
commencement of work.
All hourly rates include overhead costs including, but not limited to, salaries, benefits, Workers
Compensation Insurance and office expenses. Should the scope of work change or
circumstances develop which necessitate special handling, Consultant will notify City prior to
proceeding. Overtime, weekend and holiday time inspections will be billed at 1.5 times the
hourly rates listed above.
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Exhibit"D"
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 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).
CSG CONSULTANTS, INC.
By:
8/i 3/9 of
Khoa Duong, P.E., Vice President Date:
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