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AGREEMENT TO PERFORM PROFESSIONAL ENGIN
FOR THE CITY OFR EERIN
EDLANDS' HILLSIDE MEMORIAL PARK. � ARK
This agreement for engineering services ("Agreement"
this 4th day of March, 2008 °�
municipal corporation ("Effective Date" b ) Is made and entered into
Consultant are corporation
Sometimes"City ) and Hicks &)Hadi kbetweethe
City of Redlands, a
"Parties „ ndividually referred to herein as a "Party"and, City and
and, together, as the
Inconsideration of the mutual promises contained herein
as follows: , City and Consultant agree
ARTICLE 1 - ENGAGEMENT OF CONSULTANT
1.1 City hereby engages Consultant to perform engineering
the development of Block 10 of Hillside Memorial Par
( g Bering services in connection with
cremation area west of the new mausoleum (the "Services").
Park and development of a
1.2 The Services shall be
Consultant represents that t has the skill and th
rformed Y Consultant in a professional manner, and
to provide the Services to City at a level of competency
e professional expertise necessary
other practicing professional consultants in the industry presently maintained by
types of Services. ry providing like and similar
ARTICLE 2 - SERVICES OF CONSULTANT
2.1 The Services which Consultant shall perform ar
Exhibit "A,"entitled"Scope of Services,"which is e more particularly described in
herein by this reference. ed hereto and incorporated
2.2 Consultant shall comply p Y with all applicable Federal, State and local laws and
regulations in the performance of this Agreement includingbut not limited to, the
Americans with Disabilities Act and the Fair Employment ,
Y t and Housing qct.
ARTICLE 3 - RESPONSIBILITIES OF CITY
3.1 City will make reasonable provision for Consultant
property, as required by Consultant, to perform the Services.er upon Ci
ty-owned
3.2 City designates Rudy Victorio as City's represent •
of the Services, and such person shatl have the authority
receive information, interpret and d representative with respect i performance
performance of the Services. define City's d e transmit instructions,
respect
to
tY policies and decisions with respect to `
A
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ARTICLE 4 - PERFORMANCE OF SERVICES
4.1 Consultant shall perform the Services in a prompt and diligent
complete the Services within thirty(30)days of the Effective manner and shall
4.2 At any time during the term of this Agreement, Date of this Agreement.
perform Extra Services. As used here , "Extra Services means a may request that Consultant
determined necessary by City for the proper completion of the any work which is
which the Services are being performed, but which the Parties project or work for
anticipate would be necessary at the time of execution of this Agreement.
the Extra Work does not exceed twee did not reasonably
paid by City to Consultant for the Services, such Extra Work(20%) of the compensation to be
the Parties, by written amendment to this Agreement, e ecutty be agreed to by
Manager. Consultant shall not perform, nor be compensated for ed by City's City
such written authorization from City. , Extra Work without
ARTICLE 5 - PAYMENTS TO CONSULTANT
5.1 The total compensation for Consultant's performance of
exceed the amount of Eight Thousand Five Hundred Dollars($8,500). Ci
Consultant on a time and materials b the Services shall not
accordance with the hourly rates shown basis
Exhibit to the not to exceed mounty lt, iin
which is attached hereto and incorporated herei by this refe reference.
5.2
Schedule,"
5.2 Consultant shall submit monthly invoices to Ci de e•
during the preceding month. Consultant's invoices shall include e work performed
of the Services performed, the dates the Services were perform a brief description
hours spent and by whom, and a description of reimbursable ex ed, the number of
shall pay Consultant no later than thi p"is"s, if any. City
(30) days after receipt and approval by City
Of Consultant's invoice, provided the Services reflected
performed to the reasonable satisfaction of City in accordance'with t invoice were
Agreement, provided that the number of hours of Services set f he terms of this
reflect the amount of time ordinarily expended for such Services b
forth in the invoice
Profession currently practicing in the same locality under similar members conditions, the
provided further that all expenses, rates and other information set fortinteinand
are consistent with the terms and conditions of the Agreement. h m the invoice
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5.3= All notices shall be given in writing b Personal
mail should be addressed as follows p conal delivery� ry or by mail Notices sent by
Rudy Victorio Consultant
MunicipalMunicipal Utilities and James W.
Engineeringpe Hicks
Department Hicks & Hartwick Inc.
City of Redlands 37 E. Olive Avenue, Suite C
35 Cajon Street, Suite 15A Redlands
PO Box 3005 (mailing) CA 92373
Redlands, 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 an
and payments are to be given b g d addresses of the
Y giving notice pursuant to this section 5 3to who notices
ARTICLE 6 - INSURANCE AND INDEMNIFIC
6.1 ATION
All insurance required by this Agreement shalt
duration of its performance of the Services. be maintained b
Services unless and until all required insur y Consultant for the
Consultant shall not
Consultant. Consultant shall ance listed below is obtaiine any
endorsements evidencing such insuranceProvCity
ed by
tY with certificates of insurance and
All insurance policies shall include a pro to Commencement of the Sere'
cancellation of the policy except u p vision ices.
p upon thirty prohibiting modification or
6.2 � (30) days prior written notice to City.
Workers' Compensation and Employer's Liability.
maintain Worker's Com Consultant shall secure a
Compensation and Empi°yeC's Liability insurance throw and
duration of this Agreement in accordance with
with an insurance carrier acceptable to City. Shout the
the laws of the State of California,
6.3 Hold Harmless and Indemnification. Consultant
harmless City and its elected officials, employees shah defend, indemnify and all claims, losses or liability, fY and hold
p Yes and agents from and a
death to persons OC � including attorneys' fees against any
officers', em to employees' damage to property occasioned b ' arising from injury or
Y Consultant's and its
Omissions in performing the
6.4 Assignment. Consultant is expressly Prohibited
without the express prior written co sent ofrom assigning Parties to assign a p°Coon of the Services Consultantin the event of agreement
additional insured and provide Crby the
ceshall add the assignee y t an
Agreement prior to the City with the insurance endorsements required
performance of any Services b by this
DJM�garee Y the assignee. Assignment
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does not include printing or other customa re'
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provided for in this Agreement. ry imbursable expenses that may be
6.5 Comprehensive General Liability Insurance. Consultant
force throughout the term of this Agreement comprehensive
ral
insurance with carriers acceptable to C' shall secure and maintain in
CityMinimum coverage of One MillioneDolblars
($1,000,000) per occurrence and Two Million Dollars2
Public liability, property damage and personal injury is required. City shall aggregate for
as an additional insured. Such insurance shall be primary and non-contributing to
be named
any insurance or self-insurance maintained by City.
6.6 Professional Liability Insurance. Consultant shatl secure and maintain professional
liability insurance throughout the term
Million Dollars ($1,000,000) of this Agreement i
per claim made. n the amount of One
6.7 Business Auto Liability Insurance. Consultant shall h
coverage, with minimum li ave busine
mets of One Million Dollarsauto liability
combined single limit for bodily injury ($1,000,000) per occurrence,
liability and grope dam
coverage shall include all Consultant owned vehicles used in c
Consultant's provision of the Service � age liability" This
employee non-ownership vehicles. Such insurance connection with
Services, hired and non-owned vehicles, and
contributing to any insurance or self insurance maintained b e City.
named as an additional insured. primary and non-
contributing
tY" City shall be
ARTICLE 7 - CONFLICTS OF INTEREST
7.1 Consultant covenants and represents that it does no
interest in real property and shall not acquire any interest, dire
any investment orect or indirect, in the
geographical area for which the Services are performed, or any other
income, interest in real ro e
P P rty or investment which would be affected source
n any
manner or degree by the performance of Consultant's Services. Con
covenants and represents that in the performance of its duties hereunder,
having any such interest shall perform any Services Consultant further
Agreement person
under this
7.2 Consultant agrees it is not a designated employee within
Reform Act because Consultant: the meaning of the Political
A. Does not make or participate in:
(i) the making or any governmental decisions r
rate, rule or regulation, or the adoption or enforrcem 'ennt off ng approval
I of a
(ii) the issuance, denial, suspension or revocation of permits,
applications, certifications, approvals, orders or similar authorizations
or entitlements; Mons
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authorizing City to enter into, modify or renew a contract;
(iv) granting City approval to a contract that requires City approval and t
which City is a party, or to the specifications for such a contract; o
(v) granting City approval to a plan, design, report, study or similar item;
(v►) Adopting, or granting City approval of, policies, standards
guidelines for City or for any subdivision thereof. or
B. Does not serve in a staff capacity with City and in that capacityparticipate
making a governmental decision or otherwise perform the same or substantially all
the same duties for City that would otherwise be P cipate in
a position specified in City's Conflict of Interest Code udnderaGo eirndment Code
section 87302. Code
7.3 In the event City officially determines that Consultant
must interests by completing and filing a Fair Political Practices Commisosionse tForm 7001
Statement of Economic Interests, all Form 700,
City Clerk's office pursuant to the written instructions file the provided
Form 700 with the
City Clerk. p ded by the Office of the
ARTICLE 8 - GENERAL CONSIDERATIONS
8.1 Attorneys' Fees. In the event any action is commenced to enforce o
of the terms or conditions of this Agreement the prevailingPa r interpret any
any costs and other relief, be entitled to the recovery of ts reasonable attoshall, in add'rne to
s,
fees, including fees for the use of in-house counsel by a Party. ys
8.2 Prohibition Against Assignment. Consultant shall not assign an
y of the
except with the prior written approval of City and in strict compliance with the ems
and conditions of this Agreement. s
8.3 Documents and Records. All documents, records, drawings, designs, cost
estimates, electronic data files, databases and other documents develo
Consultant in connection with its performance of the Services, and an Ped by
interest in such documents, shall become the roe y copyright
to City upon completion of the Services, or upon pth eq elst ofCshallAn delivered
such documents, and any use of incomplete documents, shall be a Ci 's sole risk.of
8.4 Independent Contractor Status. Consultant is for � risk.
an independent contractor and shall perform the PSery ces asseanhiindere independent
contractor. Neither City nor any of its agents shall have control overpendent
Consultant or any of Consultant's employees, except as herein set forth. Consultant of
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shall supply all tools and instrumentalities required to perform the Services.
personnel employed by Consultant are for its account only, and in no vent All
Consultant or any personnel retained by it be deemed to have been shall
City or engaged by City for the account of, or on behalf employed by
of City. Consultant shall
have no authority, express or implied, to act on behalf of City in
any
whatsoever as an agent, nor shall Consultant have any authority, express capacity
to bind City to any obligation, p ss or implied,
8.5 Termination.
A. Unless earlier terminated, as provided for below, this Agreement
terminate upon completion and acceptance of the Services by City.g Bement shall
B• This Agreement maybe terminated b Ci
ten (10) business days prior written notice t Consultant(delivered tb certified t providing
return receipt requested) of City's intent to terminate. y rtrfied mail,
C. If this Agreement is terminated by City, an a
compensation shall be made, but (1) no amount shall be allowed for anticipated
adjustment to Consultant's
profit or unperformed services, and 2 an gated
termination may be adjusted to the extent of any additional Consultant at the time of
by any default by Consultant. costs to City occasioned
D. Upon receipt of a termination notice, Consultant shall immediately discontinue
its performance of the Services and, within five (5) days of the
date of the
termination notice, deliver or otherwise make available to City, copies i
copy and electronic form, where applicable) of any data, design calculations,hard
u
drawings, specifications, reportsor
, estimates, summaries and such other' atrons,
and materials as may have been accumulated by Consultant in ertor mation
Services. Consultant shall be compensated on a pro-rata basis for ming the
completed up to the date of termination. the Services
8.6 Books and Records. Consultant shall maintain any and all book
accounts and all other records and documents evidencing costs and ex
related to the Services for a period of threes, ledgers, invoices,
required by law, from the date of final payment to Consultant
(3) years, or for any longer period
po thi s
Agreement. Such books shall be available at all reasonable times a ant to this
by City at the office of Consultant. r examination
8.7 Entire Agreement/Amendment. This Agreement, including the
herein by reference, represents the entire agreement and un erstaExhibits
incorporated
the Parties as to the matters contained herein, and an ding between
y prior negotiations, written
Proposals or verbal agreements relating to such matters are superseded b
Agreement. Any amendment to this Agreement shall bei y this v
and signed by City and Consultant. n writing, approved by City
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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 City and Consultant
have signed in confirmation of this Agreement.
CITY OF REDLANDS HICKS & HARTWICK, INC.
By-
X�Jon Harrison, Mayor By:
Attest:
city I e�rk
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EXHIBIT "A"
SCOPE OF SERVICES
HILLSIDE MEMORIAL PARK DEVELOPMENT OF BLOCK 10
1. Prepare map of Block 10
2. Establish 128 block corners as shown on attached plat
HILLSIDE MEMORIAL PARK DEVELOPMENT OF CREMATION AREA WEST OF NEW
MAUSOLEUM
Prepare map of cremation area.
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EXHIBIT "B" RATE SCHEDULE
FEES FOR PROFESSIONAL SERVICES:
Services shall be provided on a time basis computed at the following hourly rates:
1. Principal .................
..................................................
. Engineer3. Designers........................................ ........................... ..... $145.00
4. Drafters $110.00
...........
��•�••••••••••••••••••••.. $75.00 to 104.00
5. Two man survey
crew ...........................................
6. Three m $70.00
an survey crew............................... ............... $138.00
7. Secretary.............. . $161.0o
................................
............................................
REIMBURSABLE COSTS: $55.00
The following costs shall be reimbursed at cost(plus 10%)and are n
for Professional Services: of included in the Fees
1. Costs of copies of drawings, specifications, reports, and cost estimates;
photographic reproduction of drawings and other documents furnishe xerography and
connection with the work of this contract. ed or prepared in
2. Cost of commercial carrier and public transportation, lodging, car
subsistence and out-of-pocket expenses. Private automobile travel rental and parking
at $•45 per mile.
3. Cost of postage and shipping expenses other than first class mail.
4. Long distance telephone and telegraph charges.
5. Fees for additional special consultants retained with thea approval PP of Client.
EXTRA SERVICES:
1• Extra Services shall be provided on a time basis computed as listed
2. Extra Services are any item not listed in the Sc above.
changes to the drawings after their a ope of services, including revisions and
approval by the designated responsible person.
3. Any changes requested by the client will be verified with a change
by Hicks and Hartwick, Inc.; no revisions will be made without authorizationorder form completed
zafrom the client.
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