HomeMy WebLinkAboutContracts & Agreements_68-2012_CCv0001.pdf AGREEMENT TO PERFORM PROFESSIONAL SERVICES
This agreement for the provision of services associated with Analysis of Pavement
Rehabilitation Costs attributable to City Vehicles ("Agreement') is made and entered into on this
3rd 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 I —ENGAGEMENT OF CONSULTANT
1.1 City hereby engineering engages Consultant to provide an analysis of pavement
t=
rehabilitation costs attributable to City Vehicles for City's Municipal Utilities and
Engineering Department (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"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 Donald P. Young, P.E., Engineering Manager, 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. Contact Phone Number shall be
909-798-5875 (x6).
ARTICLE 4 —PERFORMANCE OF SERVICES
4.1 Consultant shall perform and complete the Services in a prompt and diligent manner in
accordance with the schedule set forth in Exhibit "B," entitled "Project Schedule," which
Professional Services Agreement I
Pavement Rehabilitation Costs
is attached hereto and incorporated herein by reference. The Services shall commence
within ten(10) days of the Effective 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
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 Five Thousand Dollars ($5,000.00). 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.
5.1 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, 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
Consultant's invoice.
5.2 All notices shall be given in writing by personal delivery or by mail. Notices sent by mail
should be addressed as follows:
City Consultant
Fred Mousavipour, Director 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 923731
IX'hen 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
Professional Services Agreement
Pavement Rehabilitation Costs
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 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.
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 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.
Professional Services Agreement 3
Pavement Rehabilitation Costs
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 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 authorization or
entitlements;
(iii) authoring 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 873102.
7.3 In the event City officially determines that Consultant must disclose its financial
interests, Consultant shall complete and file a Fair Political Practices Commission Form
700, State of Economic Interests with the City Clerks' 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,%Titten approval of
City and in strict compliance with the terms, and conditions of this Agreement.
8.3 Project related 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 of its agents shall
Professional Services Agreement 4
Pavement Rehabilitation Costs
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 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.
8.5 Unless earlier terminated as provided for below, this Agreement shall terminate upon
completion and acceptance of the Services by City; provided, however this 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. 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 dude 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.
8.6 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.
Professional Services Agreement 5
Pavement Rehabilitation Costs
8.9 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 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 authorizes representative of the City and Consultant have
signed in confirmation of this Agreement.
CITY OF REDLANDS
By: By:
Tina T. Kundig Michael Thornton,PE
Finance Director/City Treasurer President
Attest:
Sam in;City Clerk
Professional Services Agreement 6
Pavement Rehabilitation Costs
EXHIBIT A—Scope of Services
Analysis of Pavement Rehabilitation Costs attributable to City Vehicles.
This analysis will include up to two meetings with staff and presentation of a report to the City
Council.
EXHIBIT B—Project Schedule
Analysis shall be complete by May 7, 2012
Presentation at City Council will be at a date to be determined.
EXHIBIT C—Cost(see attached)
EXHIBIT D—Hourly Rates (see attached)
Professional Services Agreement 7
Pavement Rehabilitation Costs
From: Terry Renner[m8ikn:benner@tkeengineehng.corn]
Sent: Thursday, May O3, ZO1ZS:1] PM
To: Young, Don
Subject: Pavement Analysis
Don,
TKE will provide the initial pavement analysis report for refuse vehicles on three road types defining
deterioration costs per unit length, attend two meeting with City Staff and prepare and present the
findings toCity Council for anot tnexceed budget of$5,0O0. |frequested,TKEwill expand the report
findings to various types of heavy vehicles on each street classification within the City standards for a
not toexceed additional cost of$15,OOU. |fyou have any questions please let noeknow.
Thanks,
Terry Renner, P.E.
Vice President
TKEEngineering, Inc.
Ph. (951) 6OO-0440
Fax (951) 68O-O490
TKE ENGINEERING, INC.
RATE SCHEDULE
2011 -2012
HOURLY
RATE
Project Manager/Construction Manager/Licensed Surveyor,...... .......... .......... $130.00
Senior Engineer/Project Engineer(PE)/Senior Plan Checker .... ....... . ........... $110.00
AssociateEngineer.... ........ ...... .... .......... .-.... ...... ......___........ ........... $100.00
Assistant Engineer/Plan Checker... ........_ _....... . ....... .. .......... ... ...... ........... $ 90.00
AutoCADTechnician........... ... ....... ......... ........ ._...... ..__..... .... ..... ........... $ 90.00
Engineering Technician...... ........... .......... ._ ... ........ .__..... ..... .... ........... $ 50.00
Clerical ......... ........... ........ ......... ....... .......... .......... ........... $ 55.00
Forensic Engineering.......... ......... _........ . ........ ..... ..... ...... ... ........... $150.00
Expert Witness Testimony . ......... . .......... ...... ........ .. ..... ..... $250.00
SURVEYING SERVICES
2-Man Survey Crew(Standard Wage)...... .. .... ...... ... ........... $190,00
2-Man Survey Crew{Prevailing Wage).. ...... ..... . .. .... ...... $210.00
CONSTRUCTION SERVICES
Construction Inspector(Standard Wage).. ...... $ 85.00
Construction Inspector(Prevailing Wage) ........... . ... ..... .. .... $ 95.00
Car/Truck for Construction Services Personnel .......... ........... .......... $ 60.00/Day
REIMBURSABLE COSTS
In-house Reproduction ....... Cost
Printing and Materials .... ... .... ...... .__... ... ... ........... Cost+ 10%
Express Mail/CourierINext Day Service ... .... ........... Cost+ 10%
Special Subconsultant Services . . .......... __..... Cost + 10%
Reivised July 20 11