HomeMy WebLinkAboutContracts & Agreements_6-2010_CCv0001.pdf AGREEMENT TO PERFORM SURVEY WORK FOR
SMILEY HEIGHTS RESERVOIR SITE
IMPROVEMENTS PROJECT
This agreement for ciigitieeritig ,,;u.rveNservices for the Smiley [[eights Reservoir Site
Improvements project located in the City of Redlands water service area("Agreement' isis made and
entered into this 1911,day of January,2010("Effective Date" y of Redlands,�,by and between the Cit
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a municipal corporation and Ulicks and F-Tartwick,Inc. ("Consultant"). City and Consultant
are sornetirries individually referred to herein as a "Party" and, together, as the "Parties." In
c0rlsidera[ion of the rnUtUal promises contained herein, City and Consultant agree as follows:
lUICLI'l 1 - ENCAGTEMFINTOF CONSULTANT
1.1 City hereby engages Consultant to perforin professional engineering design services for the
Smiley f leights Reseivoir Site.Improvements Project located in the City's water service area
1.2 The Services shall be performed by Consultant in a professional manner, and Consultant
rel-,)resenrs 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 cssional CMISUltants in the industry providing like and similar types of Services.
-.ARIT.l(,"I.-,I-?-'-)...-..S.URN7lCUS 01" CONSULTANT
2.1 The S(-rviccs 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 Nvith applicable federal., state and local laws and regulations in
the pct-fori-nal'ice of this Agreement including, but not limited to, the Americans with
Disabilities Act, the l'airFA-riploNment and lJousing Act and prevailing wage laws.
AR1-TCLE,3 - RESPONSIBTLITT l,S 0j ('Fn'
3.1 City shall make available to Consultant information in its possession that may assist
("On sill tan t in performing the Services.
3.2 City desiLyriatcs Mr. Bassam Alzarnmaras the 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 (-lity's policies and decisions with
resl-.)ect to perfortriance of the Services.
-AIZJJCIJ- 4 - 111".Rf'ORMANCE 0f, SERVICES
4.1 Consultant shall perform the Services in a prompt and diligent manner and in
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accord-i-ic-e Nvid schedule set forth in 1-,'xliibit 'R," entitled "'Project Schedule.'
4.2 During the term of this Agreement, City may requesi, that CorisLiltarlt perform Extra
Services. As used herein. "IAtra Scivices"1-nearis an,, work that is determined necessatv
by Cit,,' for the proper completion of the protect or work for which the Services are
being,pert-ormed, bur which the Pardes did, not reasonably Anticipate would be necessary
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at the time of execution of this Agreement. Provided the Extra Services do not exceed
iw,enty percent i
11W2 /brri
) of the copensation to be paid by Citv to Consultant for the
Services, such Extra Services may be agreed to by the Parties by written amendment to
this_\greemcnt, executed by the City Manager, or duly authorized city official.
Consultant shall not perforin, nor be compensated for, Extra Set-vices without such
written authorization frorn City.
ARTICLE 5 - PAYMENTSTO CONsuLrANT
5.1 ":Che total compensation for Consultant's performance of the Services shall not exceed the
an10Unt of Seven Hundred Dollars ($700.00). 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 upon the hourly rates shown in Exhibit "D," entitled "Rate
Schedule." Both Exhibits"C.,"and"D"are attached hereto and incorporated herein by this
reference.
5. Consultant shall submit morith1v 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 perforined, 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 Consultants
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
Bassani Alzarntriar James W, I licks
;Municipal Utilities and Engineering Dept. I-licks & I lartvnck, Inc.
City of Redlands 37 E. Olive Avenue
35 Calon Street, Suite I iA Suite C
P0 Box 3005 (mailing) Redlands, CA 92373
Redlands, CA 92373
When so aeklre:,sed, such notices shall be deerned given upon deposit in the United States Mail.
Changes may be made in the narries and addresses of the person to whorn notices and payments are
to be given by giving notice pursuant to this section 5.3.
ARTTCLE 6 -- INSURANCE AND INDEMNIFICA'FlON
6.1 Insurance. 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 required insurance listed below is obtained by Consultant.
Consultant shall 1-.)rovicle City with certificates of insurance and endorsements evidencing
such Insurance prior to comniencement of the Services. Insurance policies shall include a
provision prohibiting cancellation or modification of the policy except upon thirty (301;
days' prior written notice to City, except for ten (10, days notice for cancellation due to
non-payment t of premium.
6 2 WorkersCompensation and F,rnolover's Liabilirv. Consultant shal' secure and maintain
Workers' ('0111pensation and Employer's Liability insurance throughout the duration of
its performance of the Services in accordance"VItli the laws of the State of California,
with tin insurance carrier acceptable to City as described in Exhibit "E," entitled
"Workers' Compensation Insurance Certification,"which is attached hereto and
incorporated herein by this reference.
6, 1[old I larryaless, 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 and negligent act, omission or failure to act by
Consultant, its officers, employees and agents in performing the Services.
6.4 (].ornprehen,sive 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. Minirriurn coverage of One IN—fillion Dollars 01,000,000"I
per occurrence and Two Million Dollars (S2,00'..),(00) aggregate for public liability,
property damage and personal injury is required. City shall be named as an additional
insured and the insurance policy shall include a provision prohibiting modification of
coverage limits or cancellation of the policy except upon thirty (30) days prior written
notice to City. Such insurance shall be primary and non-contributing to any insurance or
.self-insurance maintained by City. Certificates of-insurance shall be delivered to City
prior to commencement of the Services.
6.5 Professional Liabilitv Insurance. Consultant shall secure and maintain professional liability
insurance throughout the term of this Agreement in the amount of One Million Dollars
f'$1,000,000', per churt'i made. Certificates of insurance shall be delivered to City prior to
C01,111-11cf-iceniCut of the services.
6.6 Business Auto Liabilin-Insurance, Consultant shall have business auto liability coverage,
with minimum lit-nits of One Million Dollars ($1,000,000) per occurrence,combined
single lit-nit 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 tion-owned vehicles, and employee non-o,,vnership vehicles. City
shall be named as an additional insured and a certificate of insurance and endorsement
shall be delivered to City prior to commencement of the services. Such insurance shall
be primary and non contributing to any insurance or self insurance maintained by City.
,AR-['I(.-'I,,E CONFLICTS OF INTEREST
(',"onsultant covenantsand 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 perforrn any Services under this Agreement.
("onsultant agrees It is not a designated employee within the rnearting of the Political
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Reform Act because Consultant:
A. Does not make or participate in:
(i'�) rhe snaking or any governmental decisions regarding approval of a rate, rule or
regulation, or the adoption or enforcement of laws;
,('i) the issuance, denial, suspension or reocqtion of permits,licenses,,
applications, certifications,approvals, orders or similar authorizations or entitlements-.
Oil') 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 the same
duties for Citv that would otherwise be performed by an individual holding a position
specified in City's Conflict of Interest Code under Government Code section 87302.
73 In the event(-try officially determines that Consultant must disclose its financial interests
by completing and filing a Fair Political Practices Commission lorM 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 Office of the City Clerk.
ARTICLE 8 - GFNERAL CONSIDERATION'S
8.1 Attornevs' Fees. In the event any action is commenced to enforce or interpret any of the
tern-is 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 ,_\ssi_(,nment. Consultant shall not assign any of the Services, except
,,6th the prior written approval of City and in strict compliance with the terms,and
conditions of this Agreernent.
8.3 Documents and Records. Project related documents, records, drawings, designs, cost
estirriates., 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
docurrients, and any use of incomplete documents, shall be at(':ity's sole risk.
84 Independent Contractor Status. Consultant is for all purposes under this Agreement an
independent contractor and shall perform the Services as an independent contractor.
;either City nor its agents shall have control over the conduct of Consultant or
Consultant"s employees, except as herein set forth, C'onsultant shall supply necessary
tools and insLrurnenralities 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 bv City or engaged by City
for the account of, or on behalf of City, Consultant shall have no authoritN,, express or
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implied, to act on behalf of City in any capqcitv, whatsoever as an agent,nor shall
Consnlrant have am- authority, express or implied, to bind Cita- to any obligation.
8.5 Termination.
AUnless earlier teri-ninated as provided for below, this Agreement shall terminate upon
completion and acceptance of the Services by City.
B, 'ri-ils Agreement may be terminated by City,in its sole discretion, by providing thirty
(30) days"prior written notice to Consultant (delivered by certified mail, return receipt
requested) of City's intent to terminate.
C. If this Agreet-nent 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 terl-nination may be adjusted
to the extent of any additional costs to City occasioned by any default by Consultant.
D. Upon receipt of it 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 Citi-, copies (111 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 b\, 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 books,ledgers,invoices, accounts and
other records and documents evidencing costs and expenses related to the Services for a
period of three (3' hears, or for any longer period required by I-,i-\v,,, 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." Fritire 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 anv prior negotiations,written proposals
or verbal a9 rectrients relating to such matters are superseded by this Agreement. Except
as otherwise provided for herein, ,in amendment to this Agreement shall be in writing,
approved by City and signed by City and Consultant.
8.8 Governing Law. This ikgreemcntshall 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
)urisdiction, 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
section,; contained herein,unless to do so would deprive a Party of a material benefit of
its bargain under this Agreement.
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INWTINTESS WHEA01', duly authorized representatives of the City, and Consultant have
1 gned n confirmation of this Agreement.
CITY OF' REDT,.,ANDSI-licks & Rim ck, Inc.
By: By:
Fina Kundig,, Finance Director amen rickT,
A,te,4:
Clin- Clerk
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EXHIBIT "Aff
SCOPE OF WORK
Hicks, & I-lart-,vick, Inc, proposes to perform the scope of work below per the marked up site
plan provided to Hicks & I lartwick by City of Redlands Municipal Utilities and Engineering
IDepartment. 'Fhe following is a,list of the scope of work:
1. Shots on top of curb and centerline of street
I Shots on top of slope and toe of slope
3. Shots on driveway into plant
Locate trees fronting property
Flow line at drain structure
6, Pad elevation at pump station
-7 Shots at tank ring
8. Prepare topographic map
EXHIBIT "B"
PROJECT SCHEDULE
I licks & Flart-,xick, Inc. shall complete the services within one week of Notice to Proceed.
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EXHIBIT fictl
PROJECT COST
f licks & 1--hirtwick, Tnc. proposes to perform the scope of work for a fee of Seven Hundred
Dollars ($700.00"
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EXHIBIT 111)"
RATE SCHEDULE
Fees for professional senlces:
Services outlined under Elxtra Services shall be provided on a tirne basis and computed as
follow,S:
Princip,il $145.00
$104.00
Designers S81,00 to 9&00
Drafters S75,00
Two n-ian survey crew S138.00
wee n mryey crew S161.00
Sccretary $ 55.00
Extra Services:
1. FIxtra Services shall be provided on a firne basis computed as listed above.
2 F-Atra Services arc any item not listed in thea pe of work, including revisions and changes
ro Scope of work,
Ariv clianges reouestcd bv the (.Ifv wi}bei§6 in writing; no revisions will be made without
verification.
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EXHIBIT "Eft
WORKERS' COMPENSATION INSURANCE CERTIFICATION
SURVEY WORK FOR
SMILEY HEIGHTS RESERVOIR SITE
IMPROVEMENTS PROJECT
F,.very employer except the State, shall secure the payinent of compensation in one or more of the
following ways:
aj By beininsured against liability to pay compensation in one or more insurer duly
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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
employ=ers,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
ni-ay become due to his or her employees.
I arn :ware 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 clic provisions of that Code, and I will comply with such provisions before commencing the
performance oC the work of this .,,lgreernent, {Labor Code `,1861}.
[licks & f-lartwick, Inc, Date:
By:
4� a`es W. 1--licks