HomeMy WebLinkAboutContracts & Agreements_86A-2014_CCv0001.pdf AGREEMENT TO PERFORM PROFESSIONAL SERVICES
This agreement for aerial photography and topographic mapping services ("Agreement")
is made and entered in this 215L day of May, 2014 ("Effective Date"), by and between the City of
Redlands, a municipal corporation ("City') and RBF Consulting ("Consultant"). City and
Consultant are sometimes individually referred to herein as a "Party" and, together, as "Parties."
In consideration of the mutual promises contained herein, City and Consultant agree as follows:
ARTICLE I — ENGAGEMENT OF CONSULTANT
1.1 City hereby engages Consultant to provide aerial photography and topographic mapping
services for flood areas located within the City of Redlands (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 arc 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, Deputy 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 The term of this Agreement shall be for sixty (60) calendar days, commencing upon the
ElTective Date of this Agreement.
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
1
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 Twenty Six Thousand. Five Hundred Ten Dollars ($26,510.00) and shall be
paid on a time and materials basis based upon the rates shown in Exhibit"B,"entitled
"Project Rates,"which is 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, and the number of hours
spent and by whom. 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
Chris Diggs John McCarthy
City of Redlands Vice President
35 Cajon Street, Suite 15A RBF Consulting
P.O. Box 3005 (mailing) 14725 Alton Parkway
Redlands, CA 92373 Irvine, CA 92816
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
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 ) mploycr`s Liability
insurance that meets statutory requirements in accordance with the laws of the State of
California, 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'
2
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 term
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 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 or wilfull 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 or participate in:
(i) the making of 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;
3
(iii) 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 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
8.1 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 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 any 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
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.
4
8.5 Unless earlier terminated as provided for below, this Agreement shall terminate on March
28, 2014, provided, however this Agreement may be terminated by City, in its sole
discretion, by providing ten (10) calendar days prior written notice to Consultant
(delivered by certified mail, return receipt requested) of City's intent to terminate. if this
Agreement is terminated by City, an adjustment to Consultant's compensation shall be
made, but (l) 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 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. Except as otherwise provided for herein, an
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.
IN WITNESS WHEREOF,duly authorized representatives of City and Consultant have signed
in confirmation of this Agreement.
CITY OF REDLANDS 4BFCONSULTI
By: �—�. � •Tina T. Kundig, Finance Director rt y, V' e Pre 'dent
Attest:
o
Sam lr n, ClIty Clerk
5
"EXHIBIT „AST
Scope of Work
The scope of services for the aerial photography and topographic mapping services is described
in general below:
1. Topographic mapping will be provided from aerial photogrammetry. Design-level
topography will be compiled at a scale of 1"= 40' with one (1) foot contour intervals
for each individual area as shown in Exhibits Q, C and D attached hereto. Ground
topographic surveys may be required within the project limits along the Zanja
Channel to collect information that cannot be determined from aerial photographs
such as ground elevations under the tree canopy.
2. Topographic mapping will be provided from aerial photogrammetry. Design-level
topography will be compiled at a scale of V'= 40' with one (1) foot contour intervals
for the area identified in Exhibit B.
3. Mapping will meet the requirements in "ASPRS Accuracy Standards for Large Scale
Maps", dated March 31, 1993, and will be provided in AutoCAD format including a
digital terrain model (DTM) and color digital ortho-rectified imagery with 0.25' pixel
resolution. CADD files are to be provided in Autocad 2013 `.dwg' format.
4. Topography shall include obtaining locations, elevations and descriptions of:
Contours at one-foot intervals
Spot elevations on hardscape features
Existing building rooflines and/or footprints, where visible
• Curb and gutters, sidewalks and driveways
Pavement areas including the roadway surface and flow line of gutter
Power poles, streetlights, traffic signals and major signs
Tree drip lines
Above ground utilities including valves, pull-boxes, meters, and vaults
• All major surface features that define the shape of the terrain, such as
tops and toes of slopes, grade breaks and natural ground
Fences and walls
5. The basis of horizontal control will be California Coordinate System of 1983 (CCS
83, Zone VI, Epoch 201 1.00). Coordinates will be expressed as grid values in terms
of the U.S. survey foot. Vertical control will be in terms of the North American
Vertical Datum of 1988 (NAVD88).
"EXHIBIT "B"
Project Rates
OFFICE PERSONNEL $1 Hr.
Senior Principal............................................................................... .......,.......,$275 00
Principal............................................................................................. .....250.00
......................................................
ProjectDirector............................................................................................................................................225.00
ProgramManager................................................................................................ ................215.00
SeniorProject Manager...............................................................................................................................200.00
ProjectManager.........................................,................................................................................................195.00
Structural Engineer................................................... ...................195.00
.. ................................................................
TechnicalManager......................................................................................................................................185.00
SeniorEngineer...........................................................................................................................................168.00
Senior Planner........._..................................................................................................................................168.00
.
ElectricalEngineer.......................................................................................................................................168.00
Landscape Architect............................................................................................... ...154.00
SeniorGIS Analyst......................................................................................................................................154.00
Project Engineer...................................................................................................... ..152.00
...................................
ProjectPlanner............................................................................................................................................152.00
Survey Crew Support Manager....................................................................................................................149.00
EnvironmentalSpecialist..............................................................................................................................142.00
Design Engineer/Senior Designer/Mapper...................................................................................................139.00
GISAnalyst..................................................................................................................................................126.00
Designer/Planner.........................................................................................................................................122.00
ProjectCoordinator......................................................................................................................................113.00
GraphicArtist.............—....... ......_..... ......................................................................................................_100-00
Environmental Analyst/Staff Planner...........................................................................................................100.00
DesignTechnician.......................................................................................................................................100.00
Assistant Engineer/Planner............................................................................................................................96.00
Permit Processor...........................................................................................................................................85.00
.
EngineeringAid/Planning Aid........................................................................................................................77.00
OfficeSupport/Clerical..................................................................................................................................65.00
SURVEY PERSONNEL
2-Person Survey Crew...............................................................................................................................$250.00
1-Person Survey Crew.................................................................................................................................165.00
LicensedSurveyor.......................................................................................................................................185.00
Field Supervisor.,.......... ...................... ............................... .........175.00
CONSTRUCTION MANAGEMENT PERSONNEL
Principal Construction Manager..................
ConstructionManager..................................................................................................................................195.00
ContractManager........................................................................................................................................170.00
ResidentEngineer................................................................................................................... ...165.00
Construction Inspector(Prevailing Wage)....................................................................................................140.00
Construction Inspector(Non-Prevailing Wage)............................................................................................120.00
FieldOffice Engineer............................................................................................ ................115.00
Construction Technician.................................................................................... .97.00
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.
WMcCaAY
Date: