HomeMy WebLinkAboutContracts & Agreements_148-2012_CCv0001.pdf AGREEMENT TO PERFORM TRAFFIC ENGINEERING SERVICES
This agreement for the provision of engineering services for the City of Redlands CAgreemcne)
is made and entered into this 251" day of May, 2012 (Effective Date"), by and between the City of
Redlands, a municipal corporation ("City") and TKE Engineering, 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 for the preparation of various engineering studies (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 specific Services that Consultant shall perform at the request of the City are more
particularly described in Exhibit"A," entitled"Scope of Services,"which is attached hereto.
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, the Aniericans'with Disabilities
Act, the Fair Employment and Housing Act and 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 Mr.Chris Diggs as 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 City's policies and decisions with respect to performance of the Services.
ARTICLE 4-PERFOMIANCE OF SERVICES
4.1 Consultant shall perform the Services in a prompt and diligent manner and complete the
Services within the timeframe given to Consultant.
ARTICLE 5 -PAAWENTS TO CONSULIANT
5.1 The total compensation for Consultant's performance of the Senrices shall not exceed the
amount of Four Thousand Nine Hundred Dollars ($4,900.00). City-, shall pay Consultant on a
time and materials basis based upon the hourly rates shown in Exhibit "B," entitled "Rate
Schedule," which is attached hereto and incorporated herein by this reference.
5.2 Consultant shall submit an invoice to City describing the Services performed upon completion
of the Services.Consultant's invoice shall include a brief description of the Services performed,
the dates the Services were performed,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.
53 All notices shall be given in writing by personal delivery or by mad. Notices sent by mail should
be addressed as follows:
C4 Consultant
Chris Diggs Michael Thornton
Municipal Utilities and Engineering Dept. TKE Engineering,Inc.
City of Redlands 2305 Chicago Avenue
35 Cajon Street,Suite 15A Riverside,CA 92507
P.O.Box 3005 (mailing)
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 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 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.
62 Consultant shall secure and maintain Workers' Compensation and Employer's Liability
insurance throughout the duration of its performance of the Services in accordance with the
laws of the State of California, with an insurance carrier acceptable to City as described in
Exhibit "B," entitled "Workers' Compensation Insurance Certification," which is attached
hereto and incorporated herein by this reference.
63 Consultant shall secure and maintain in, force throughout the term of this Agreement
comprehensive general liability insurance with carriers acceptable to City.Minimum coverage of
One Million Dollars ($1,000,000) per occurrence and Two Million Dollars (52,000,000
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 anv
insurance or self-insurance maintained by City,
6.4 Consultant shall have business auto liability coverage, with minimum limits of One Million
Dollars ($1,000,000) per occurrence, combined single limit for bodily injury liability and
property dam-age 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.Citv shall be riarried as an additional insured and a certiticate
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,
6.5 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
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 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 authorizations or entitlements;
(iii) authorizing the 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 box
completing and filing a Fair Political Practices Commission f-,'orrn 700,Statement of Economic
Interests.Consultant shall fide 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 -GENERAL CONSIDERATIONS
&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 Agreement.
8.3 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 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 Termination. Unless earlier terminated as hereinafter provided,this Agreement shall terminate
upon completion and acceptance of the Services by City. This Agreement may be terminated by
City upon two(2)calendar days prior written notice. If this Agreement 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
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 for 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 Seneices 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.
S.? 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 the City and Consultant have signed in
confirmation of this Agreement.
CITY OF REDLANDS TKE ENGINEERING,INC.
By:
Tina Kundig,Finance Director/Treasure6f, Michael Thornton,PE,President
Attest-
Sam,Irwin,City,C rk
EXHIBIT "A"
RATE SCHEDULE
Classification Billing Rate
Project Manager $130k()
Senior Engineer/Project Engineer $110.00
Associate Engineer $100.00
Auto CAD Technician $ 90.00
Engineering Technician 50.00
Clerical 55.00
In-house Cost
Printing and Materials Cost+ 10%
Mailing Cost+ 10%
Special Contractual Semces Cost + 10%
EXHIBIT "B"
WORKERS'COMPENSATION INSURANCE CERTIFICATION TO PERFORM
ENGINEERING SERVICES
F,,,,cn7 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 pro-visions 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).
,rKE engineering,Inc.
By:
Mr.Michael Thornton,President Date: WA� 30,