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HomeMy WebLinkAboutContracts & Agreements_110-2019PS 1 1 (1 24 19) AGREEMENT TO PERFORM PROFESSIONAL SERVICES This agreement for the provision of On -Call Building and Safety Inspection, Plan Review and CASp Consulting Services ("Agreement") is made and entered in this 18th day of June, 2019 ("Effective Date"), by and between the City of Redlands, a municipal corporation ("City") and Bureau Veritas ("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 On -Call Building and Safety Inspection, 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 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 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 Brian Desatnik, Development Services, 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 AR FICLE 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 "A" entitled "Project Scope and Schedule," which is attached hereto and incorporated herein by reference L Icaklim\AgreementslOn Call Building and Safety Services PSA Bureau \Yentas deep PS 11(12419) 4 2 The term of this Agreement shall commence on July 1, 2019 and end on June 30, 2020 (the "Initial Term") The City shall have the option to extend the Initial Tenn of this Agreement by two (2) additional one-year terms (each, an ` 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 or any Extended Term 4 3 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 annual compensation for Consultant's performance of the Services shall not exceed the amount of twenty five thousand dollars ($25,000) for a period of one year after the Effective Date, with two additional one-year renewal options bringing the total to an ainount not -to -exceed one hundred fifty thousand dollars ($150,000) City shall pay Consultant on a time and materials basis up to the not to exceed amount in accordance with Exhibit "B" entitled ("Rate Schedule") attached hereto and incorporated herein by 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 Services 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 City Clerk City of Redlands 35 Cajon Street P 0 Box 3005 (mailing) Redlands, CA 92373 Consultant Trang Q Huynh P E Bureau Veritas 1940 E Deere St , Suite 210 Santa Ana, CA 92705 L Icaldim\AgrcementslOn Call Building and Safety Services PSA Bureau veritas docp PS 1 1 (1 24 19) ARTICLE 6 — INSURANCE AND INDEMNIFICATION 6 1 The following insurance coverage 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 A 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 execute and provide City with Exhibit "C " entitled "Workers' Compensation Insurance Certification," which is attached hereto and incorporated herein by this reference prior to performance of the Services B Comprehensive General Liability insurance with carriers acceptable to City in the minimum amount 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 C 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 D Consultant is expressly prohibited from assigning or subcontracting any of the Services without the prior written consent of City In the event of mutual agreement by the Parties to assign or subcontract a portion of the Services, Consultant shall add such assignee or subcontractor as an additional insured to the insurance policies required hereby and provide City with the insurance endorsements prior to any Services being performed by the assignee or subcontractor 6 2 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 L !caldjmlAgreementslOn Call Building and Safety Services PSA Bureau Ventas.doc.Jn PS 11(12419) 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, (u) issue, deny, suspend or revoke any City permit, license, application, certification, approval, order or similar authorization or entitlement, (iii) authorize 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 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 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 I 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 Agreeinent Any assignment or attempted assignment without such prior written consent rnay, in the sole discretion of City, results in City's immediate termination of this Agreement 1ca\dbm'Agreements\On Call Bculdmg and Safety Services PSA Bureau Veritas doe in PS 1 1 (1 24 19) 8 3 Consultant is for all purposes under this Agreement an independent contractoi 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 ail 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 4 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 (I) 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 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 foi 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 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 6 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 7 This Agreement shall be governed by and construed in accordance with the laws of the State of California 8 8 If one of more of the sentences, clauses, paragraphs of 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 L Icaid�mlAgreementslOn Call Building and Safety Services PSA Bureau Veritas doc�n PS -1.1 (1.24 19) 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 City and Consultant have signed in confirmation of this Agreement CITY OF REDLANDS By Paul W Foster, Mayor Attest nne Donaldson, City Clerk BUREAU VERITAS BY Trang Q uynh P0117141 egional Manager L 1ca1dimlAgreements\On Call Building and Safety Services PSA Bureau Veritas.doc.in PS 1 1 (1 24 19) EXHIBIT "A" SCOPE and SCHEDULE OF SERVICES Provide California Building Standards Code construction inspection, plan review and consulting services on an on-call, as -needed basis Such consulting 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) as may be amended by the city's municipal code and the State The consultant must also be able to provide Certified Access Compliance Specialists (CASp) services as defined by Government Code section 4459 5 on an as needed basis Examples of duties may include but are not limited to the following a When notified services are needed, pick up plans at the City's One Stop Permit Center or provide an equivalent method to receive plans b Review plans for code compliance and return them within the timeframe requested, generally 10 business days for new submittals and 5 business days for resubmittals measured from the day of initial notification c Provide expedited plan review in shortened timeframes when requested to do so by the city If there is an increased cost to the city for expedited review, that fee shall be identified in the fee proposal d Certain plans identified by the city may only require review for specific issues, for example, structural requirements only or access compliance features only Such reviews shall adhere to the same timeframes as for a complete review e Return plans to the city with a list of corrections required or approved and stamped "Reviewed for code compliance" with the reviewer and firm's name shown on the plans f Provide a CASp available for phone consultation within one business day When requested to do so, provide a CASp inspector onsite within 5 business days g The consultant may also have the capability to provide qualified building inspectors on an as needed basis I lca\djm\Agreements\On Call i3uildm g and Safety Services PSA Bureau ventas.doc jn PS 1 l (1 24 19) EXHIBIT "B" RATE SCHEDULE Service Building Plan Review Fee/Type 65% of City Collected Plan Check Building Plan Review Hourly $110 Inspection $85 CASp Services $110 Fire plan check Engineer/Plans Examiner $125 Permit Counter Technician $70 Fire Inspector $95 Plan check Engineer (P E ), (S E) $130 L lea!dmlAgreementslOn Cali Building and Safety Services PSA Bureau Veritas docjn PS 1 1 (1 24 19) 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) (b) By being insured against liability to pay compensation by one or more insurers duly authorized to write compensation insurance in this State 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 BUREAU VERITAS L Icald� nlAgreementslOn Call Building and Safety Services PSA Bureau Veritas.docin Date