HomeMy WebLinkAboutContracts & Agreements_83-2011_CCv0001.pdf AGREEMENT FOR CONSTRUCTION INSPECTION SERVICES
This agreement for City construction,inspection services("Agreement")is made and entered
into this day of June,2011 ("Effective Date"),byand between the City of Redlands,a municipal
corporation ("City") and VA Consulting, 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 engages Consultant to perform construction inspection, services for 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 which Consultant shall perform are more particularly described in Exhibit"A,"
entitled "Scope of Services," which is attached hereto and incorporated herein by this
reference.
12 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 and the Fair Employment and Housing Act,
ARTICLE 3 - RESPONSIBILITIES OF CITY
11 City shall make available to Consultant information in its possession that may assist
Consultant in perforraing the Services,
12 City will make reasonable provision for Consultant to enter upon City-owned property, as
required by Consultant, to perform the Services.
33> City designates Donald Young,En91 incering 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.
ARTICLE 4 - PERFORMANCE OF SERVICES
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4.1 Consultant shall perform the Services in a prompt and diligent manner and in accordance
with the schedule to be provided by the City.
4.2 At any dine during the term of this Agreement, City may request that Consultant perform
Extra Services. As used herein, "Extra Services" tneans 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.
4.3 Consultant designates John S. Wolter, P.E. as Consultant's representative with respect to
performance of the Services, and such person shall have tire authority to transmit
instructions, receive information, interpret and define Consultant's policies and decisions
with respect to performance of the Services.
ARTICLE 5 -,PAYMENTS TO CONSULTANT
5.1 The total compensation for Consultant's performance of the Services shall not exceed the
amount of Forty Thousand Dollars ($40,000.00). City shall pay Consultant on a time and
materials basis up to the not to exceed amount,based upon the hourly rates shown in Exhibit
"B," entitled "Rate Schedule,"
5.2 Consultant shall submit monthly invoices to City describing the work performed during the
pre-ceding 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,
5.3 All notices shall be given in writing by personal delivery or by mail.. Notices sent by mail
should be addressed as follows:
CityConsultant
Donald Young, P.E. Max P. Vchid,CEO
Municipal Utilities and Engincering Dept. VA Consulting, Inc.
City of Redlands 6400 Oak Canyon, Suite 150
35 Cajon Street, Suite 15A Irvine,CA 92618
PO Box 3005 (MailiTIg)
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 who notices and
payments are to be given by giving notice pursuant to this section 5.3.
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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 or modification of the policy except upon thirty(30)days prior written notice to
City.
6.2 Workers' Compensation and Employer's Liability. Consultant shall secure and maintain
Worker's 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 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' sole
negligent acts or omissions in performing the Services,
6.4 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 ($1,000,000) per
occurrence and Two Million Dollars (S2,000,000) aggregate for public liability.I , property
damage and personal injury is required. City shall be named as an additional insured. Stich.
insurance shall be primary and non-contributing to any insurance or self-insurance
maintained by City.
6.5 Professional Liability Insurance. Consultant shall secureand maintain professional liability
insurance throughout the term of this Agreement in the amount of One Million Dollars
(S 1,000,000)per claim made.
6.6 Business Auto Liability Insurance, Consultant shall have business auto liability coverage,
with miminum limits of One Million Dollars(,S1,000,000)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 arc additional insured,
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ARTICLE 7 CONFLICTS OF INTEREST
7,1- Consultant covenants and represents that it does not have any investment or interest in real
property that may be the subject of 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 performance of its duties hereunder,no person having any such interest shall perform any
Services under this Agreement;
T2 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 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 Does not serve in a shaft capacity with City and in that capacity,participatd in snaking
a goverranental decision or otherwise perform the sane 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,
73 In the event City officially determines that Consultant roust disclose its financial interests b
completing and filing a Fair political ;Practices Commission Forni 700, Statement of
Economic Interests, Consultant shall file the subject Dorm 700 with the City Clerk's office:
pursuant to the written instructions provided by the Office of the City Clerk,
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ARTICLE 8 - GENERAL CONSIDERATIONS
8.1 Attorneys' Fees. In the event any action is commenced to enforce or interpret any of the
terns or conditions of this Agreement the prevailing Party shall,in addition to any costs and
ether relief,be entitled to the recovery of its reasonable attorsaeys'fares,including tees 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 shall 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 ofCity in any
capacity whatsoever as an agent, nor shall Consultant have any authority,express or implied
to bind City to any obligation.
8.5 Termination.
A. [finless earlier terminated as provided for below,this Agreement shall ten-ninate upon
completion and acceptance of the Services by City:
B This Agreement may be terminated by City,in its sole discretion,by providing thirty
( 0) 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 (l) no amount shall be allowed for anticipated profit or unperformed
Services, and('?) any payment due Consultant at the time of termination may be agjusted to
the extent of any additionalcosts to City occasioned by any default by Consultant.
D. Upon receipt of a ternimation notice, Consultant shall ininiediately discontinue its
provision of the Services and, within five (5) days of the date of the termination notice,
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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 byConsultant in performing the Services, Consultant shall be compensated on
a pro-rata basis for Services completed up to the date of termination.
8.6 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 Sen'ices for
a period of three (3) years, or for any longer period required by law, ftom 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.
8.7 EntireAgreement/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. Except as otherwise provided for
herein,any amendment to this Agreement shall be in writing,approved by City and signed by
City and Consultant.
8.8 Governing Law. This Agreement shall be governed by and construed in accordance with the
laws of the State of California.
S. 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.
IN WITNESS WHEREOF,duly authorized representatives of the City and Consultant have
signed in continuation of this Agreement,
CITY OF REDLANDS VA Consulting, Inc.
By, By:
��LLr
-� V N"td n a g bid, P E,
Enrl amine City
sident& CEO
ATTEST: VA Consulting, Inc.
-�T
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EXHIBIT A
City of Redlands
Construct on Inspection Services
SCOPE OF SERVICES
The engineering and inspection services to be provided by the VA Team during construction will
generally be provided:as follows:
I General Services During Duration of Project
1;1 Kick-{off Meeting
Luring the kick-off meeting with the City, VA staff will discuss project protocol,
communication between inspector and City Construction Manager, and invoicing
for consultant services;
1.2 Final Inspection Report
'V'A will prepare a final inspection report incorporating daily inspection reports;;
construction documentation, construction forms, and project photos..
1.3 Project Management and Coordination
During the course of the work, VA project Managers will provide management
and coordination of the inspection services,.
Inspection Services
Review plans and specifications and attends pre-construction conferences.
Inspect materials for identification as conform ing to specifications.
Inspect construction of various types of public works construction, including but not
limited to,water mains,sewer mains,pump stations,treatment plants,streets,driveways,
storm drains, airports,, traffic signals, reinforced concrete structures, streetlights,
underground utilities,and other offsite construction. Checks line,grade,size elevation,
and locations of work for conformance with specifications and regulations. Inspects all
grading for on-site development projects,
Inspect and administers NPDES requirements for developments, storm water plans
related to private and public development projects,
Inspect traffic control on construction projects to ensure compliance with applicable
ordinances and regulations regarding safety precautions.
Performa field acceptance tests related to water and sewer facilities:
Record amnom.mmat of materials used and work;performed,
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Attend field construction meetings.
Observe and inspects work during construction progress and upon completion.
Performre-inspections as required after completion. Issues stop work orders and field
order as required.
Inspect adjacent properties for darnage tront construction activities.
Confer with property owners regarding project schedule, hazards, and inconveniences.
Coordinate work with contractors,property owners,developers,other City departments,
and utility companies. Responds to questions and complaints from the public.
Schedule service interruptions with least interference and least inconvenience to
properties,
Prepare a variety of activity records and reports. Verifies completion of the as-built plans
for each project.
Perform other rated duties as assigned.
1 Optiomd Miscellaneous Engineering Services
3.1 Engineering Services
VA engineering staff will perfortri field engineering analysis and infrastructure
evaluations as requested by City Construction Manager. For the purpose of this
proposal,we have provided our standard hourly rate for a design engineer and senior
design engineeK and assumed that a minimum of 3 hours will be required for afield
investigation,
32 Survey Construction Staking Services
VA survey crew will perform construction staking services as requested by City
Construction Manager. Field survey services require a 48-hour notice. Field survey
services will include providing survey cut sheets. For the purpose of this proposal,we
have provided our standard hourly rates for a 2-man survey crew and office support.
Field crew survey services will require a mininiurn of 4-hours for each survey
request.
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EXHIBIT B'
City of Redlands
Construction Inspection Services
RATESCHEDULE
CITY OF REDLANDS
VN CONSTRUCTION INSPECTION SERVICES
rr cxs i°�rrx�
ESTIMATED CONSULTANT FEES
Tasksmill
ar
1.f};PHASE 1 GENERAL SERVICES DURING DURATION OF PROJECT
1 1'Kickaff Meeting2
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rtsfecf Management.............T.ai�
....� .. r�inatrasn - ..� ��,,. ._�..._ �j. T �
2 0�PHASE 2 INSPECTION SERVICES �
2 1ln #icon Services 457
sec X57 $3 .37
2 2lFlnak Inspectkon Report �� 8 �& 6; 31 $9 964
TOTAL HOURS1 1 31 34 0 4 475 pi 61 51$, $39,504
Reimbursable Expenses $496
TOTAL FEES $570 , $5,27p $p $p $33, 5p ; Sp $414 54f,1
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