HomeMy WebLinkAboutContracts & Agreements_34-2011_CCv0001.pdf AGREEMENT FOR CONSTRUCTION INSPECTION AND MISCELLANEOUS MINOR
ENGINEERING SERVICES
This agreement for City construction inspection and miscellaneous minor engineering
set-vices("Agreernent")is made and entered into this I—day of March, 2011 ("Effective Date").by
and 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"P arty"and,
together, as the "Parties."
In consideration of the inutual protinses contained herein, City and Consultant agree as
follows-
ARTICLE I - ENGAGEMENT OF CONSULTANT
�-,—11-�-,-,
1�1 City herebyengages Consultaritto perform construction inspection andriiiscellaneous minor
engineering services for City of Redlands capital improvement construction projects (the
"Services").
1.2 The Services shall be perfornied by Consultant in a professional manner. and Consultant
represents that it has the skill and the profiessional 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
11 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,.
2.2 Consultant shall comply with all applicable Federal, State and locallaws and regulations in
the performance of this Agacerrient and are more particularly described in Exhibit "B,"
entitled"CDBG Contract Provisions,"which is attached hereto and incorporated herein by
this reference,including,but not limited to, California Fair Employinent Practices Act,Civil
Rights Act of 1964, and the Atricricans with Disabilities Act of 1992.
AWfICLE 3 - RESPONSIBII.,ITIES OF CITY
3.1 City shall make available to Consultant information in its possession that may assist
Consultant in per-forining the Services.
3.2 City will make reasonable provision for Consultant to enter upon City-owned property, as
required by Consultant, to pert6rin the Services.
3 City designates Donald YOUng,Engineering Manager.as City's representative with respect to
performance of the Services, and .,"u 1, person shall have the, authority to transmit
instructions, receive itorination, interpret and define City's policies an(-] decisiotis with
respect to performance of the Services.
ARTICLE 4 - PERFORMANCE O SEI VICES
4J 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 ani° time during the term of this A ree:rnent. Cityrnay request that Consultant nt perf rin
Extra Services. As used herein, "Extra Services" means any work-, which is determined
necessary by City for the proper completion of the prl�lec;t 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.
3 Consultant designates John S. Wolter, P.E. as Consultant's representative with respect to
performance ofthe Services, and such person shall have the authority to transmitinstructions,
receive information,interpret and define Consultant's nt's policies and decisions with respect to
performance of the Services.
ARTIC;.LE. 5- PAYMENTS TCS CONSULTANT
5.1 The total compensation for C'onsultant's perf«ritiance of the Services shall not exceed the
amount of"Twenty One Thou sand Dollars(S?I, ft00). City shall pay Consultant oil as time
and materials basis up to the not to exceed amount, based upon the hourly rates shown in
Exhibit "C,"entitled "Rate Schedule."
5.2 Consultant shall;submit monthly invoices to City describing the work perfornied 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 as description of reimbursable expenses, if any. City shall pay Consultant aro later than
thirty(0) days after receipt and approval by City of Consultant's invoice.
53 All notices shall be iven in writing by personal delivery or by mail, Notices seat by email
should be addressed ars follows:
C a v Consultant
LJoaaaald Young, RE. Max P. Valgid. CEO
Municipal Utilities and Engineering Dept;. VA Consulting
City of Redlands Ca OCl Oak C'aany,on, Sarin 150
35 Caton Street, Semtex 15A Irvine, CA 92618
110 Bo\ 3005 fame ilira .l
Redlands. CA 921 7"
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
paynients are to be given by giving notice pursuant to this section 5.3.
AR.TICLE 6 - IN'SURANCE 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 perforin 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
co.mmencernentoftbeServices, 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 Eiriployer's Liability insurance throughout the duration of its
perforinance 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 ($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 5 Professional Liability Insurance. Consultant shall secure and maintain professional liability
insurance throughout the tete of this Agreement in the amount of One Million Dollars
(1,S 1,000 f00) per claim made.
6 6 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 liatiflity. This coverage shall inn lude,,all
Consultant owned vehicles used in connection with Consultant's pro\,ision oaf the Services,
hired and non-owned vehicles., and employee no ownership vehicles. Such insurance shall
be pritriaryand non-contributing toany insurance or self insuranceirlaintairled by City, City
sliall be named as all additional insured.
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ARTICLE 7 - CONFLICTS OF INTEREST
TI 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 Cons-ultants Services. Consultant further covenants and represents that in
the performance of its duties hereunder,no person having any such interest shall perforin any
Services under this Agreement.
T2 Consultant agrees it is not a designated employee within the meaning of the Political Reforin
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 enforcen-tent 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 itern.,
(vi) adopting., or granting City approval of, policies, standards or guidelines for
City or for any subdivision thereof
R Does riot serve in a staff capacity with City and in that capacity,participate in rna1duc,
1�
a governmental decision or otherwise perform the same or substanti ally a]I the same duties
tor City that would otherwise be performed by an individual holding a position specified in
Citv's CCode Conflict of Ce under GovernmCod87
ent e section 301
7.'3
In the event City officially determines that Consultant must disclose its financial interests by
completing and film(, a. Fair mm
Political Practices Commission Statement 700, Stateent of
Zn
Economic Interests, Consultant shall file the subject Forni, 700 with the City Clerk's office
pursuant to the written instructions, provided by the Office of the City Clerk,
ARTICLE 8 - GENERAL CONSIDERATIONS
SJ Attorneys' Fees. In the event any action Jis cornmenced to enforce or ]interpret anv of the
terms or conditions of this Agreenient the prevailing Party shall, in addition to any cost: and
other relief,be entitled to the recovery ofits reasonable attorneys" fess, including fees forthe
USC Of ill-110USC counsel by a Party
4
K2 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 document,,;.,. and any use of incomplete
docurnents, shall be at City's sole risk.
8A Independent Contractor Status. Consultant is ror all; purposes under this Agreement an
independent contractor and shall perform the SeiA ices 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 perfortia the Services. All personnelemployed 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 engagedby 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
capact
ity whatsoever as an agent,nor shall Consultant have any authority,express or implied.
to bind City to any obligation.
8.5 Terniination.
A. Unless earlier terminated as provided for below,this Agreement shall ten-ninate upon
completion and acceptance of the Services by City.
B. This At,
weement n3ay be terminated by City,in its sole discretion,by providing thirty
(30) clays' 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 ad Vustinent to Consultant's comperisation
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 ten-nination may be adjusted to
the extent of any additional costs to City occasioned by any default by Consultant.
D� Uport 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 forin,
where applicable) of' any data. design calculations, drawings, specifications, reports,
estimates, surnirrarles and such other information anti materials as may have been
accumulated by Consultant in perfort-ning the Services, Consultant shall be compensate(]on
as pro-rata basis for SeiArces completed up to the date of termination,
8,6 Books and Records. Consultant shall maintain anyand all books. ledgers, invoices,,accounts
arra call other records and docurrients evidencing costsand expenses related to the Services for
to period ofthree (3) years., or for any longer period required by lase. trorn the date of final
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payrnent to Consultant pursuant to this Aggreement. Such books shall be available at all
reasonable times for examination by City at the office of Consultant,
I
8.7 Entire Agreement,Amendment. This Agreernent,including the Exhibits incorporated herein
by reference,represents the entire agreenient and understanding betNveen the Parties as to the
matters contaii-ied herein,and any prior negotiations, written proposals or verbal agreements
relating ter 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. I
8.8 Governing Law. This Agreement shall be gloverried by and construed in accordance with the
laws of the State of California.
8.9 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 saine shall be dectried severable from the remainder of this Agreement and
shall not affect, impair or invalidate any of the remaining sentences, Clauses, paragyraphs or
sections contained herein, unless to do so would deprive a Party of is material benefit ofits
bargain under this Agreement.
IN WITNESS WI IEREOF,duly authorized representatives of the City and Consultant have
signed in corifirtriation of this. greement,
CITY OF REDLANDS V.A Consulting, Til C-,
B
By, mm
Tina Kundig, Finance Xfix'Vahid, P.E.
President & CEO
tesVA Consulting, c-
ri ,
At1t:
S,#m'i rwitr- y Ierk
6
EXHIBIT A
City of Redlands
Construction Inspection and Nfiscellaneous, Minor Engineering 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
I'l Kick-Off Meeting
During the kick-off meeting with the City, VA staff will discuss project protocol, communication
between inspector and City Construction Manager, and invoicing for consuftant services.
1,2 Final Inspection Report
VA wili 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.
Z Inspection Services
Review plans and specifications and attends pre-construction conferences.
Inspect materials for identification as conforming 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 off-site 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 NPI ES 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,
Perform field acceptance tests related to water and sewer facilities.
Record amount of materials used and work performed,
Attend field construction meetings.
Observe and inspects work during construction progress and upon completion,
Perform re-inspections as required after completion. Issues stop work orders and field
order as required,
Inspect adjacent properties for damage from 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,
Optional Miscellaneous Engineering Services
31 Engineering Services
VA engineering staff will perform 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 engineer and assumed that a minimum of 3 hours will be required for a field
investigation.
3,2 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 minimum of 4-hours for each survey request.
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EXHIBIT 13
City of Redlands
Construction Inspection and Miscellaneous Minor Engineering Services
CDBG Contract Provisions
All Services
FAIR EMPLOYMENT PRACTICES/EQUAL OPPORTUNITY ACTS: In the performance of this Agreement,
CONTRACTOR shall comply with all applicable provisions of the California Fair Employment Practices Act
(California Government Code Sections 12940-48) and the applicable equal employment provisions of the
Civil Rights Act of 1964 (42 U.S.C, 200e-217), and the Americans with Disabilities Act of 1.992 (42 U.S.C-
11200, et, seq.).
PERSONNEL: Contractor represents that it has, or shall secure at its own expense, all personnel required
to perform Contractor's services under this Agreement, Contractor shall make reasonable efforts to
maintain the continuity of Contractor's staff who are assigned to perform the services hereunder and
shall obtain the approval of the Director of Public Works of all proposed staff members who will perform
such services, Contractor may associate with or employ associates or subcontractors in the
performance of its services under this Agreement, but at all times shall be responsible for their services.
CONFLICT OF INTEREST; Contractor agrees that any conflict or potential conflict of interest shall be fully
disclosed prior to execution of contract and contractor shall comply with all applicable federal, state and
county laws and regulations governing conflict of interest, in accordance with 24 CFR Part 84,Sec, 84.42.
Contractor agrees not to accept any employment or representation during the term of this Agreement
or within twelve (12) months after completion of the work under this Agreement which is or may likely
make Contractor "financially interested" (as provided in California Government Code Section 1090 and
87100) in any decisions made by CITY on any matter in connection with which Contractor has been
retained pursuant to this Agreement,
POLITICAL ACTIVITY/LOBBY1ING CERTIFICATION- Contractor may not conduct any activity, including any
payment to any person, officer, or employee of any agency or member of Congress in connection with
the awarding of any federal contract, grant, or loan, intended to influence legislation, administrative
rule-making or the election of candidates for public office during time compensated for under
representation that such activity is being performed as a part of the contract responsibility.
NOWD6CRIMlNATION: Executive Order 11246 requires that during the performance of this Contract,
the Contractor agrees not to discriminate against any employee or applicant for employment because of
race, religion, sox, color, or national origin. The Contractor will take affirmative action to ensure that
applicants are employed, and that employees are treated during employment, without regard to their
race, religion', sex, color, or national origin. Such action shall include, but not limited to, the following:
employment upgrading, der'n0tiOn or transfer: recruArnent or recruitment advertising: layoff or
termination: rates of pay or other forms of compensation: and selection for training, including
apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and
applicants for employment, notices to be provided by the Contractor setting forth the provisions of this
nondiscrimination clause,
SECTION 3 REQUIREMENTS, Section 3 of the Housing and Urban Development Act of 1968, as amended,
12 U.S.C. 1701 et. Seq., requires that to the greatest extent feasible, opportunities for training and
employment be given to lower-income residents of the project area and contracts for work in
connection with the project be awarded to business concerns, which are located in, or owned in
substantial part, by persons residing in the area of the project. Section 3 is applicable to CDBG-funded
contracts for housing rehabilitation, housing construction, or other public construction in excess of
$100,000 when the amount of CDBG assistance is in excess of$200,000.
CIVIL RIGHTS ACT ON 1964: Title VI of the Civil Rights Act of 1964 provides that no person shall, on the
ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or
be subjected to discrimination under any program or activity receiving Federal financial assistance.
HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974: Section 109, Title I of the Housing and
Community Development Act of 1974, provides that no person shall, on the ground race, color, national
origin, or sex, be excluded from participation in, be denied the benefits of, or be subjected to
discrimination under any program or activity funded in whole or in part with funds made available under
this Title,
PROHIBITION OF AGE DISCRIMINATION: Prohibition against discrimination on the basis of age under the
Ave Discrimination Act of 1975, or with respect to an otherwise qualified handicapped individual, as
provided in Section 504 of the Rehabilitation Act of 1973, shall also apply to any such program or
activity.
DEBARMENT AND SUSPENSION: No contract shall be made to parties listed on the General Services
Administration's List of Parties Excluded from Federal Procurement or Nonprocurement Programs in
accordance with Executive Orders 12549 and 12689,
TERMINATION: This contract may be terminated by mutual consent of both parties or by either party
upon thirty (30) days written notice and delivered by certified mail or in person. (24 CFR Part 84, Sec.
84.60).
FEDERAL LOBBYIST REQUIREMENTS
CERTIFICATION
Name of Firm: VA Co-nsalt ina I Date,
Address: 6400 Oak C
_Irwble
State-, CA Zip Code-, 9 261,8 — Phone No.,IL49L 47 —11400
Acting on behalf of the above named firm, as its Authorized Official, I make the following Certification to
the Department of Housing and Urban Development (HUD),
No Federal appropriated funds have been paid, by or on behalf of the above named firm to any person
for influencing or attempting to influence an officer or employee of any agency, a Member of Congress,
an officer or employee of Congress, or an employee of a Member of Congress in connection with the
awarding of any Federal contract, the making of and federal grant, loan or cooperative agreement, and
any extension, continuation, renewal, amendment, or modification thereof, and;
If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee or an agency, a Member of Congress an
officer or employee of Congress or an employee of a Member of Congress in connection with this
Federal contract, grant loan, or cooperative agreement, the above named firm shall complete and
submit Standard Form-LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions
and;
The above named firm shall require that the language of this certification be included in the award
documents for all sub-awards at all tiers (including subcontracts, sub-grants, and contracts under grants,
loans, and cooperative agreement) and that all sub-recipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into, Submission of this certification is a prerequisite for making or
entering into the transaction imposed by Section 1352 Title 31, U,S. Code, Any person who fails to file
the required certification shall be subject to a civil penalty of not less than $10,000 and not more than
$100,000 for each such failure,
Authorized Official:
Name,-, --max P, ala Ld Title;
Signature: Date: March
EXHIBIT
CITY OF REDLANDS
PROFESSIONAL ENGINEERING SERVICES
CONSTRUCTION INSPECTION AND MISCELLANEOUS ENGINEERING SERVICES
ESTIMATED CONSULTANT FEES
w ��
Tasks 1w WV 2w cwftw TOTAL
,�.
{ .
1.0PHASE 1 -GENERAL SERVICES CURING DURATION OF PROJECT
,A Kickoff It+Saetin9 21
1. Final Inspection Rr} ort 8 16 a 21 $2 636
_4
1.3 Prtaj6 t Mang ernentand Coordination 12 19' - [33-
2.0 PHASE 2-INSPECTION SERVICES T mm
a_
.I inspection Services ._ . �._ _ � U 208 _ 208[ S14,560
TOTAL HOURS 01 22' 0= Q; 226 o! Ill: 259
Reimbursable Expenses 1,01
i
i
21 f1Qf1
E 5 824 7 a9
TOTAL FEES. t1 3 41tI 0 D 1 tl $
T w
��,, .�n.
3.0 OPTIONAL MISC. ENGINEERING SERVICES
3.1 Engineering Serviced 3 �, ,� c"
3,2 Survey Construction Staking Services $5520
I TOTAL OPTIONAL TASKS 0; U 3 3, 01 4 0 101 $1,480