HomeMy WebLinkAboutContracts & Agreements_7-11_CCv0001.pdf AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES FOR THE
PREPARATION OF A STATE OF CALIFORNIA,DEPARTMENT OF WATER
RESOURCES,PROPOSITION 1E,FLOODWAY CORRIDOR PROGRAM
GRANT APPLICATION
This agreement for the provision of professional engineering services associated with
preparation of a State of California, Department of Water Resources, Proposition IF, Floodway
CorridorProgram Grant application("Agreement")is made and entered into this 26ddayoffinuary,
2011 ("Effective Date"),by and between the City of Redlands,a municipal corporation("City")and
TIDE Engineering,hie. ("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 I -ENGAGEMENT OF CONSULTANT
1.1 City hereby engages Consultant to prepare an application for a State of California,
Department of Water Resources, Proposition 1E, Flood ay Corridor Program Grant for
City's Opal Basin improvement project(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"Supe 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, the Americans with
Disabilities Act,the Fair Employment and Housing Act and prevailing wage laws.
ARTICLE 3 -RESPQNSIBILITIES 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 Ms. Rosemary Hoetrang,City's 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,
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ARTICLE 4 - PERFORMANCE OF SERVICES
4.1, Consultant shall perforin and complete the Services in a prompt and diligent manner,and
within one hundred eighty(184)days of the Effective Date of this Agreement.
4.2 Luring the term of this Agreement, City may request that Consultant perforin Extra
Services. As used.herein, "Extra Services"means any work that is determined necessary
by City for the proper completion of the Services,but which the Parties did not
reasonably anticipate would be necessary at the time of execution of this.Agreement.
Provided the Extra Services do not exceed twenty percent(20%)of the compensation to
be paid.by City to Consultant for the Services, such.Extra Services may be agreed to by
the Parties by written amendment to this Agreement, executed by a duly authorized City
official in accordance with Chapter 2.16 of the Redlands Municipal Code. Consultant
shall not perform,nor be compensated for, Extra Services without such written
authorization from City.
ARTICLE 5 PAYMENTS NTS TC CONSULTANT
5.1 The total compensation for Consultant's performance of the Services shall be brine Thousand
Dollars( ,440)
5.2 Consultant shall submit an invoice to City upon completion of the Services,describing the
work performed: during the Service term. Consultant's invoice shall include a brief
description of the Services performed, the dates the Services were performed, and the
number ofhours spent and by whom. City shall pay Consultant no later than thirty(34)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 TKE Engineering,Inc.
Rosemary Hoerning Mr. Michael P. Thornton,P.E.
Municipal Utilities and Engineering Department TKE Engineering,Inc.
City of Redlands 2345 Chicago Avenue
35 Cajon Street, Suite I5A Riverside,'CA 92547
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.
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ARTICLE 6 t INSURANCE AND INDEMNIFICATION
.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, provided,however, the policies shall allow for ten (10)days notice ftar
cancellation to City due to non.-payment of premium.
6.2 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"13," entitled"Workers' Compensation Insurance`Certification"
which is attached hereto and incorporated herein by this reference.
.3 Consultant shall defend, indemnify and hold harmless City and its elected officials,
employees and agents from and against any and all claims, lasses 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 Consultant shall secure and maintain in force throughout the terra 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
($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 with respect to City and non-contributing to any insurance or self-insurance
maintained by City.
o. Consultant shall secure and maintain professional liability insurance throughout the term of
this Agreement in the amount of One Million Dollars ( 1,000,00 ) per claire made.
Certificates of insurance shall be delivered to City prior to commencement of the Services.
6.6 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 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.
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ARTICLE 7 -CONFLICTS OF INTEREST
7.1 Consultant covenants and represents that it does not have any investment or interest i
any real property that maybe 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 oinking or 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 authorizations or entitlements-,
(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 Kaes 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 underGovernment,Code section 87302.
7.3 In the event City officially determines that Consultant must disclose its financial interests:
by completing and fling a fair political Practices Commission Form 700, Statement of
Economic Interests. Consultant shall file the subject Form 70with the City Clerk's
office pursuant to the written instructions provided by the Offiec of the City Clerk.
ARTICLE 8-GENERAL CONSIDERATIONS
.1 In the event any action is commenced to enforce or interpret any of the terms or
conditions of this Agreement the prevailing Darty 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.
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. : 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
perforin the Services as an independent contractor,Neither City near 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 t
perform the Services. Assigned personnel employed by Consultant are for its account
only, and in no went 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 behalfof 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.
A.Unless earlier terminated as provided for below,this Agreement shill terminate upon
completion and acceptance of the Services by City.
By This Agreement may be terminated by City, in its sole discretion.,by providing five(5)
days prior written notice to Consultant(delivered by certified snail,return receipt
requested)of City's intent to terminate.
C. 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( )any payment dare Consultant at the time;of termination may be adjusted
to the extent of any additional costs to City occasioned by any default by Consultant.
D.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:
.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 tunes
for examination by City at the office of Consultant.
.o 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
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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.
8-7 This Agreement shall be governed by and construed in accordance with the laws of the
State of California.
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IN WFfNESS WHEREOF,duly authorized representatives of the Citi and Consultant have
signed in confimnation of this Agreement:.
CITY OF REDLANDSTIDE ENGINEERING,G,INC.
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. `nnque artin z, i Manages' Michael P. Thornton,P.E.
Attest:
Sam Irwvin, Ci. C r
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Exhibit ",A"'T K E E NGINELRlNG , INC .
"ONOMMOVOW" Now I E- RING
January 19, 2011
Ms. Rosemary Hoerning
Municipal Utilities and Engineering Director/City Engineer
City of Redlands
Civic Center
35 Cajon Street, Suite 15A
Redlands, CA 92373
Subject: City of Redlands' Flood Control and Aquifer Recharge Program
State Funding Opportunities
Floodway Protection Corridor Program
Dear Ms. Hoerning,
Thank you for the opportunity to submit a proposal to provide professional
engineering services for preparation of a State of California, Department of Water
Resources (State) s Proposition 1E, Floodway Corridor Program application. The
City desires to solicit funds from State for construction of phased improvements at
the Opal Basin located on the Northeast corner of Citrus and Opal Avenues near the
City of Redlands, California.
Applications for this grant opportunity are due February 25, 2011. TKE Engineering
previously submitted a grant application for the same program. Based on
conversation with State staff, the submittal scored very well with respect to the
flood protection measures; however, lacked adequate measures related to
agricultural land preservation. It is our intention to work with the City to develop a
cost effective and stronger agricultural land preservation project component for this
application. TKE Engineering is uniquely positioned to prepare a cost effective
application for these grant fund because of our familiarity with the historic storm
water studies, reports, proposed facility preliminary design layout, and hydraulic
modeling with the San Bernardino Flood Control District.
If authorized, TKE Engineering, Inc. (TKE) will provide the following services:
1. Research
TKE has researched program requirements and the City's proposed Opal Basin
project is consistent with program goals and objectives. In particular, the Project
includes acquisition of land from a willing seller to protect or enhance flood
protection corridors and floodplains in addition to constructing new levees
necessary for the establishment of a flood protection corridor. Selection criteria will
be 3 fold, flood protection, wildlife conservation or agricultural land conservation,
and quality of proposal and additional benefits.
2305 Chicago Avenue Riverside California 92507
( 9 ,5 1 ) 680 - 0440 Fax ( t) ,q 1 ) 680 - 0490
w w w : t k e e n g i n e e r i Ti K . r o m
Exhibit "A"
Rosemary Hoerning, City Engineer January 19, 2011
City of Redlands' Flood Control and Aquifer Recharge Program Page 2 of 2
2. Project Development
The maximum amount of grant funding eligible within the subject program is $5
million, Preliminary estimates of the project ultimate build-out are estimated at
$11 million. The City continues to endeavor to acquire other funding including but
not limited to federal, state, and local funding for the project. However, any non-
subject program funding amounts will likely be insufficient to complete the ultimate
project, Therefore, TKE will develop a phased project that includes construction of
improvements within grant and match funding amounts. The phased project will
enhance flood protection as much as possible, will consider land conversions to
original habitat as wells as historical consideration of the Mill Creek-Zania Channel.
Other project components will need to be developed that will enhance the
application related to conservation so that the project will be as competitive as
possible. TKE with City staff will consider both agricultural and land conversation
alternatives to be included with the project.
3. Application Preparation
TKE will prepare an application in accordance with State requirements and
guidelines. In particular, application attachments including project description,
budget, scope, schedule, engineering analysis, CEQA, and other pertinent data.
4. Application Submission
TKE will submit the application using the Online Bond Management System. In
addition, TKE will prepare 1 hard copy version for the City's use.
TKE will complete the services presented above within the time requirements for a
fee of $10,000. We will invoice the City upon completion of the services. If you
have any questions, please call me at (951) 680-0440.
Sincerely,
Michael P. Thornton, P.E.
TKE ENGINEERING, INC.
Exhibit "A"" Page I of I
Rosemary Hoerning
From: Mike Thornton[mthomton@tkeengineering.com]
Sent: Thursday,January 20,20117:47 Al
To: Rosemary Hoerning
Subject: Opal Basin
Rosemary,
In response to the CM's request, TIDE will reduce our fee by $1,000, from $10,000
to $9,000 for Prop 1E grant application preparation services. If acceptable, please
furnish a NTP.
Thanks, Mike
1/20/2011
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DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(Mitch ACORD 101,Addr0onal ltemer`kS Schad:LPe<it more space Is required):
,lots.City of Redlands Floor!Control and Aquifer Recharge Program estate
Funding Opportunities. C rthoider is add`I insd as respects gen'l Itab per
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CERTIFICATE HOLDER CANCELLATION
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SHaUi,t7 ANY OF THE ABOVE t3ES # Ei7 POLICIES B#°CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
City of Redlands ACCORDANCE WITH THE POLICY PROVISION
Attn: Rosemary Hoerning
35 Cajon Street,Ste 16A
Redlands,CA 92373 AUTHORIZEDREPRESENTATIVB
1988-2009 ACORD CORPORATION. All rights reserved,
ACORD 25(2009149) The ACORD name and logo are registered marks of ACORN
Policy NO: L -1
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THIS ENDORSEMENT CHANGES THE POLICY.PLEASP READ IT CAREFULLY'
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ACORD. CERTIFICATE F LIABILITY INSURANCE
FNF
CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER,THIS
IFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTENT}OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
W.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED
ESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
RT ANT:If the certificate halder is an ADDITIONAL tNSURI: the policy les)mast be endorsed.If SUBROCATtON IS WAIVE[I,subject to
erms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the
ficate holder in lieu of such enorseent(s).
PRODUCER - Cora Llryt PAY y It ._ ...
Willisiris.Serv,of California Inc. E 949 88s=12I)I3aNa,949-885-1225
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CSI 92612 CUSTOMERI�_ INSURER($)AFFOROING COVERAGE NA1C,# _-
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2305 Chicago Avenue INSURER C
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Riverside,CA 92507 INSURER 13
INsuRER F>.
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS
!S TCJ CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED.NOTWITHSTANDING ANY RECIUIHEMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
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EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
9.. OLICY EFF POLICY EXP LIMITS
TYPE OF INSURANCE POLICY NUMBER I MMID IY'YYY F IC6C#NY_YY
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DESCREP`ratAN OF:CrPERATIO7 S I LOCATIONS I VEHICLES(Attach ACORD 191.Additional Remarks 5chradulaa,.If more siaaca is raquirsdl
ALL PRCIFESSSIONAL SERVICES RENDERED BY NAMED INSURED INCLUDING BUT NOT LIMITED TO FLOOD CONTROLAC LIIF R
RECHARGE PROGRAM FOR STATE FUNDING OPPORTUNITIES.
CERTIFICATE HOLDER CANCELLATION 10 Days for Non-Pa ment
SHOULD ANY F THE A OVE DES�rt1 ED POLICIES E CANCELLED BEFORE
THE EXPIRATION
SN DATE THEREOF,NOTICE WILL BE DELIVERED IN
CITY'Cir REDLANDS ACCORDANCE WITH THE POLICY PROVISIONS,
ATTN-.ROSEMARY HOERNING AUTNrRtz�D REP�aEsENrATIVE
35 CAJON STREET
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I1988-2009 ACORD CORPORATION.All rights reserved,..
ACORD 25(2009/09) 1 of 1 The ACORD name:and logo are registered marks of ACORD CCL
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MUNICIPAL UTILITIES & ENGINEERING DEPARTMENT
MEMORANDUM
TO: N. Enrique Martinez, City Manager
CC. Tina Kundig, Finance Director
FROM- Rosemary Hoerning, HUED Directorm
DATE: January 24, 2011
SUBJECT: Professional Engineering Services TKE Engineering, Inc.
Proposition I E Floodway Protection Corridor Program Grant
RECOMMENDATION:
It is requested that the City Manager execute the attached agreement with TKE
Engineering, Inc. for professional engineering services for the preparation of a $5 million
Proposition 1 E Floodway Protection Corridor Program Grant for right of way and
improvements to the planned Opal Basin flood mitigation feature.
BACKGROUND:
TKE Engineering prepared a previous Proposition 84 Grant Application for improvement
related to the Mill Creek Zanja. This application was well received related to the storm
water protection benefit, but lacked in the agricultural preservation categories. Staff
recommends the preparation of a new application that incorporates additional
information to address the elements of agricultural preservation. They are
recommended for this work due to their familiarity with the storm water issues and the
required quick turn around to meet the application deadline.
This effort is consistent with the City Council's direction to pursue funding opportunities
to implement storm water management improvements on the Mill Creek Tributary.
FISCAL IMPACT:
In accordance with your request TKE Engineering, Inc. has reduced their proposed fee
for these services by 10 percent to a total amount of$9,000.00.
Staff recommends using budgeted Storm Drain Construction funds from the Downtown
Storm Drain project JL 48028, which is a part of the overall Mill Creek Storm Water
Management Program, for these services. The Grant if successful requires a minimum
10 percent local match. it is recommended that the local match be funded from the
Storm Drain 7 Construction funds.