HomeMy WebLinkAboutContracts & Agreements_130-2007_CCv0001.pdf AGREEMENT FOR PROFESSIONAL PLANNING SERVICES
This agreement for professional planning services ("Agreement") is made and entered
into this 7th day of August, 2007 ("Effective Date"), by and between the City of Redlands, a
municipal corporation ("City") and The Dangetinond Group, a California corporation
("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 to prepare a conceptual plan for the proposed 9-mile East
Valley' Citrus Heritage Linear Park and Trail (Orange Blossom Trail) (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 RESPONSIBILITIES OF CONSULTANT
2.1 The Services which Consultant shall perform are more particularly described in Exhibit
"A," entitled "Scope of Work," which is attached hereto and incorporated herein by this
reference.
2.2 Consultant shall comply with all 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.
2.3 Consultant agrees to perform the Services and deliver the work products provided for
herein by February 14, 2008. In no event, however, shall Consultant be responsible for
damages or delays except to the extent such are caused by Consultant's negligence.
2.4 Consultant shall keep City and its authorized representative (as identified herein)
informed on a regular basis regarding the status and progress of the work, activities
performed and planned, and any meetings that have been scheduled or are desired.
2.5 No news release, including photographs, public announcements or confirmations of the
same, of any part of the subject matter of this Agreement or any phase of any program
hereunder shall be made by Consultant without prior written approval of City. The
information that results from the services in this Agreement is to be kept confidential by
Consultant unless City authorizes release of such information.
DJ Agrec Dangermond ProtessMmil Services Agreement I
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 agrees to provide Consultant with all existing maps, information, surveys, reports,
and professional recommendations and any other related items requested by Consultant in
order to provide the Services. Consultant may rely on the accuracy and completeness of
these items. City agrees to provide these items and to render decisions in a timely
manner so as to not to delay the orderly and sequential progress of Consultant's Services.
3.3 Consultant's role in the public workshops shall be limited to support services, including
preparation of exhibits and presentations, and workshop support. City staff and member
of the Redlands Conservancy shall arrange for meeting venues, post invitations and
announcements, conduct the meetings and prepare a summary of the meetings.
3.4 City will make reasonable provision for Consultant to enter upon City-owned property, as
required by Consultant, to perform the Services.
3.5 City designates David Jump 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 the
Services.
ARTICLE 4 - PERFORMANCE OF SERVICES
4.I Consultant shall perform the Services in a prompt and diligent manner and in accordance
with the schedule set forth in Exhibit "ft- and in accordance with the Cost Sheet, which
is attached hereto as Exhibit "C.-
4.2 At any time during the term of this Agreement. City may request that Consultant perform
Extra Services. As used herein. "Extra Services'. means any work which is determined
necessary by City for the proper completion of the project or work for which the Services
are being performed, but which the Parties did not reasonably anticipate would be
necessary at the time of execution of this Agreement. Provided the Extra Work does not
exceed twenty percent(20%) of the compensation to be paid by City to Consultant for the
Services, such Extra Work may be agreed to by the Parties, by written amendment to this
Agreement, executed by City's City Manager. Consultant shall not perform, nor be
compensated for, Extra Work without such written authorization from City.
WM Agree Dangcrmond Profe,,,ional Services Agreement
ARTICLE 5 - PAYMENTS TO CONSULTANT
5.1 The total compensation for Consultant's performance of the Services shall not exceed the
amount of Sixty-Three Thousand Fifteen Dollars (S63,015.00). City shall pay Consultant
on a time and materials basis up to the not to exceed amount. in accordance with Exhibit
"B" entitled "Project Schedule," and based upon the hourly rates described in Exhibit"C"
entitled "Cost Sheet." Both Exhibits -B" and "C" are attached hereto and incorporated
herein by this reference.
5.2 Consultant shall submit monthly 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 performed, the number of hours spent
and by whom, and a description of reimbursable expenses, if any. City shall pay
Consultant no later than thirty (30) days after receipt and approval by City of
Consultant's invoice, provided the Services reflected in the invoice were performed to the
reasonable satisfaction of City in accordance with the terms of this Agreement, provided
that the number of hours of Services set forth in the invoice reflect the amount of time
ordinarily expended for such Services by members of the profession currently practicing
in the same locality under similar conditions, and provided further that all expenses, rates
and other information set forth in the invoice are consistent with the terms and conditions
of the Agreement.
5.3 Ownership of Documents and Drawings. Upon payment of all amounts due Consultant,
all original documents, plans, drawings and other materials developed during the course
of providing the Services shall become the property of the City and shall be provided by
Consultant to City upon Consultant's completion of the Services.
5.4 All notices shall be given in writing by personal delivery, fax, email or by United States
mail. Notices sent by mail should be addressed as follows:
City Consultant
David Jump Pete Dangermond
City of Redlands The Dangei mond Group
35 Cajon Street, Suite 20 2400 0 Street
PO Box 3005 (mailing) Sacramento, CA 95816
Redlands, CA 92373 Tel. (916)447-5022
Email: djump@cityofredlands.org Fax (916) 447-5099
Email: infogdangermond.com
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 who notices and payments are
to be given by giving notice pursuant to this section 5.4.
WM Agree\Dangermond Professional Sen ice,. Agreement 3
ARTICLE 6 - INSURANCE AND INDEMNIFICATION
6.1 All 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 all 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. All insurance policies shall include a
provision prohibiting cancellation of the policy except upon thirty (30) days prior written
notice to City.
6.2 Workers Compensation and Employer's Liability.
A. Consultant shall secure and maintain Workers Compensation and Employer's
Liability insurance throughout the duration of this Agreement in accordance with the
laws of the State of California, with an insurance carrier acceptable to City.
B. Consultant expressly waives all rights to subrogation against City, its elected
officials, officers and employees for losses arising from work performed by Consultant
for City by expressly waiving Consultant's immunity for injuries to Consultant's
employees and agrees that the obligation to indemnify, defend and hold harmless
provided for in this Agreement extends to any claim brought by or on behalf of any
employee of Consultant. This waiver is mutually negotiated by the Parties. This waiver
shall not apply to any damage resulting from the sole negligence of City, its employees or
agents. To the extent any of the damages referenced herein were caused by or resulted
from the concurrent negligence of City, its agents or employees, the obligations provided
herein to indemnify, defend and hold harmless are valid and enforceable only to the
extent of the negligence of Consultant. its officers, agents and employees.
6.3 Hold Harmless 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 Consultant's and its officers', employees'
and agents' negligent and intentional wrongful acts or omissions in performing the
Services.
6.4 Assignment. Consultant is expressly prohibited from assigning any of the Services
without the express prior written consent of City. In the event of agreement by the
Parties to assign a portion of the Services, Consultant shall add the assignee as an
additional insured and provide City with the insurance endorsements required by this
Agreement prior to the performance of any Services by the assignee. Assignment does
not include printing or other customary reimbursable expenses that may be provided for
in this Agreement.
6.5 Comprehensive 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. Minimum coverage of One Million Dollars (S1.000,000)
DJNI Agrec'Dangermond Protesstonal Services Agreement 4
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. Such insurance shall be primary and non-contributing to any insurance or self-
insurance maintained by City.
6.6 Professional Liability Insurance. 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.
6.7 Business Auto Liability Insurance. 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. Such insurance shall be primary and non-contributing to any
insurance or self insurance maintained by City. City shall be named as an additional
insured.
ARTICLE 7 - CONFLICTS OF INTEREST
7.1 Consultant covenants and represents that it does not have any investment or interest in
real property and shall not acquire any interest, direct or indirect, in the geographical area
covered by this Agreement or any other source of income, interest in real property or
investment which would be affected in any manner or degree by the performance of
Consultant's Services. Consultant further covenants and represents that in the
perfot mance 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 or any 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 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;
DIM Agree Daneermoncl Professional Services Agreement
(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 all 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
by completing and filing a Fair Political Practices Commission Form 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 - GENERAL CONSIDERATIONS
8.1 Attorneys' Fees. 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 attorneysfees, including fees
for the use of in-house counsel by a Party.
8.2 Prohibition Against Assignment. 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 and Records. All documents, records, drawings, designs, cost estimates,
electronic data files, databases and 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 Independent Contractor Status. Consultant is for all purposes under this Agreement an
independent contractor and should perform the Services as an independent contractor.
Neither City nor any of its agents shall have control over the conduct of Consultant or
any of Consultant's employees, except as herein set forth. Consultant shall supply all
tools and instrumentalities required to perform the Services. All personnel employed by
Consultant are for its account only, and in no event shall Consultant or any 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.
Agrec Dangennond Professional Sen tees Agreement 6
8.5 Termination.
A. Unless earlier terminated, as provided for below, this Agreement shall terminate
upon completion and acceptance of the Services by City.
B. This Agreement may be terminated by City, in its sole discretion, by providing
five (5) business days prior written notice to Consultant (delivered by certified mail,
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 (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.
D. Upon receipt of a termination notice. Consultant shall immediately discontinue its
provisions 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 any 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 Breach of Agreement. If either Party defaults in the performance of any of the terms or
conditions of this Agreement, such Party shall have ten (10) days after service upon it of
written notice of such default in which to cure the default by rendering satisfactory
performance. In the event that a Party fails to cure its default within such period of time,
the other Party shall have the right, notwithstanding any other provision of this
Agreement, to terminate this Agreement without further notice and without prejudice to
any other remedy to which it may be entitled at law, in equity or under this Agreement.
The failure to object to any default in the performance of the terms and conditions of this
Agreement shall not constitute a waiver of either that term or condition or any other term
or condition of this Agreement.
8.7 Prohibition against Discrimination. Consultant shall not discriminate against any
employee, subcontractor, or applicant for employment on the basis of sex, color, race,
religion, handicap, ancestry or national origin. Consultant shall take affirmative action to
ensure that no such person is discriminated against for any of such reasons.
8.8 Books and Records. Consultant shall maintain any and all books, ledgers, invoices,
accounts and all 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 all reasonable times for examination by City at the office of Consultant.
DJ\I Agree Danvrmond Professional Scr\lees Agreement 7
8.9 Entire Agreement/Amendment. 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. Any
amendment to this Agreement shall be in writing, approved by City and signed by City
and Consultant.
8.10 Exhibits. The Exhibits referenced in this Agreement are attached hereto and incorporated
herein by this reference as though set forth in full in the Agreement.
8.11 Governing Law. This Agreement shall be governed by and construed in accordance with
the laws of the State of California.
8.12 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
jurisdiction, the same shall be deemed severable from the remainder of this Agreement
and shall not affect, impair or invalidate any of 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.
8.13 Successors and Assigns. The terms and conditions of this Agreement shall be binding on
the successors and assigns of the Parties to this Agreement.
8.14 Authority to Sign. Each party warrants that the individuals who have signed this
Agreement have the legal power, right, and authority to make this Agreement and bind
each respective Party.
IN WITNESS WHEREOF, duly authorized representatives of City and Consultant have
signed in confirmation of this Agreement.
CITY OF REDLANDS THE DA RMOND A;ROUP
By: �"X./41 - .moi By:
Jon Harrison, Mayor f of
Pete Da Illir o►,,"resident
Attest:
7161,46
City erk c..... _L.3.e....„.)
DJMAAgreeADangermond Professional Services Agreement 8
EXHIBIT -A-
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EXHIBIT "C"
COST SHEET
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Hourly Billing Rates
TDG Principal $195
TDG Project Coordinator/GIS $120
TDG Associate $95
WRC Principal $150
WRC Senior Engineer $120
WRC Engineer $84
Howard Schureman $125.00