HomeMy WebLinkAboutContracts & Agreements_137-2007_CCv0001.pdf AGREEMENT TO FURNISH CONSULTING SERVICES
FOR THE REDLANDS WATER LINE DESIGN
This agreement for consulting 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 Hicks and Hartwick, Inc. ("Consultant")who 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 perform construction surveying and engineering
design services for the City's water improvement plans at Grove Street between Colton
and Brockton; Bond Street between Olive Avenue and Norwood Street; and Buena Vista
Street between.Cypress Avenue and Clark Street (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,"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 and the Fair Employment and.Housing Act and prevailing wage laws
commencing at Labor Code section 1770 et seq. and non-discrimination laws including
the American's with Disabilities Act.
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 will make reasonable provision for Consultant to enter upon City-owned property, as
required by Consultant, to perform the Services.
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3.3 City designates William B. Hemsley 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
4.1 Consultant shall perform the Services in a prompt and diligent manner and in accordance
with the schedule set forth in Exhibit"A."
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.
ARTICLE 5 -PAYMENTS TO CONSULTANT
5.1 The total compensation for Consultant's performance of the Services shall not exceed the
amount of Eighteen Thousand Dollars ($18,000). City shall pay Consultant on a time and
materials basis up to the not to exceed amount, in accordance with Exhibit"A"and based
upon the hourly rates shown in Appendix"A"to the Parties Agreement. A copy of
Exhibit"A"is 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.
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5.3 All notices shall be given in writing by personal delivery or by United States mail.
Notices sent by mail should be addressed as follows:
0!Y Consultant
William B. Hemsley James W. Hicks
City of Redlands Hicks &Hartwick, Inc.
35 Cajon Street 37 East Olive Avenue
PO Box 3005 (mailing) Suite C
Redlands, CA 92373 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.
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.
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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 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($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.
6.6 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 Sen.-ices. 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.
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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;
(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 Attorney's 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 attorneys'fees,including fees
for the use of in-house counsel of the Parties.
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.
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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.
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 either Party,by providing ten(10)business
days prior written notice to the other Party(delivered by certified mail,return receipt
requested)of such Party'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 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
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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 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.
8.8 Governing Law. This Agreement shall be governed 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 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 confirmation of this Agreement.
I
CITY OF REDLANDS Attest:
/0)
By: rl��41'1'�
3oti Harrison; S-
Mayor City'derk
HICKS & HARTWICK, INC.
By:
aures W. Hicks
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� CIVIL ENGINEERS
IZ TWICK INC. LAND SURVEYORS
37 EAST OLivE t vF-NUE
04...,,_ <. SUITE C
REDLANDS. CALIFORNIA 92373
PHONE: 1'909) 799-2257
Pax; (909) 792-3763
July 26, 2007
City of Redlands
Municipal Utilities Department
P.O. Box 3005
Redlands, CA 92373
Attention: Bill Hemsley
RE: Redlands Water Line Design
Hicks&Hartwick proposes the following scope of work for the design of miscellaneous water
lines in the City of Redlands as follows:
All surveying and civil engineering design work for the preparation of water improvement plans
for:
1. Grove Street between Colton and Brockton-approximately 1320 LF,
2. Bond Street between Olive Ave. and Norwood St. -approximately.2295 LF.
3, Buena Vista Street between Cypress Ave. and Clark St. -approximately 2000 LF.
The proposed schedule for the project design is attached. If field work begins on Wednesday the
8" of August,then plan deliverables will move to the 22"'of August.
All surveying and design work will be performed by or under the supervision of Jaynes W. Hicks,
RCE 23362. Mr. Nicks has 35 years of professional experience as a land surveyor and civil
engineer. His firm, Hicks & Hartwick, Inc. is based in the City of Redlands and has a history of
surveying and engineering work that dates back over 95 years. Recent projects in the City of
Redlands that included surveying and water line design work are as follows:
1. Olympic Barrington commercial office complex and residential project Parcel Map 17353
and Tract Map 17577 at Ford Street and Patricia Lane
2. Brentwood Communities Villa Bonita 38 unit residential project Tract No. 17962 at Nevada
an Orange Avenue.
3. Alexander Homes Tract No. 16310 on Fern Avenue.
4Richmond American Homes Tract No. 16360 at Iowa Street and Grange Avenue,
5. Centex Homes Tract No. 16408 at Wabash Avenue and Fifth Avenue,
6. Standard Pacific Tract No's 15937 and 16101 at Lugonia Avenue and Dearborn Street.
FEES AND TERMS
Hicks& Hartwick, Inc. proposes to perform the above scope of work for a fee of(Fee attached in
separate envelope) in accordance with the terms and conditions in Appendix'A'attached hereto
and incorporated and made part of this agreement.
Thank you for the opportunity of making this proposal.
Sincerely,
HICKS&HARTWICK, INC. 1-4
W
es W. Hicks
s W
RCE 23362
Attachments
Appendix "A"
"Fine Print"
Appended to and part of Agreement for Professional Services between Hicks&
Hartwick, Inc. and City of Redlands, dated July 26. 2007.
FEES FOR PROFESSIONAL SERVICES:
Services outlined under Extra Services shall be provided on a time basis computed as
follows:
I. Principal $145.00
2. Engineer $104.00
3. Designers $70.00 to 98.00
4. Drafters 569.00
5. Two man survey crew 5138.00
6. Three man survey crew $161.00
7. Secretary $55.00
REIMBURSABLE COSTS:
The following costs shall be reirribursed at cost(plus 10%)and are not included in the
Fees for Professional Services:
L Costs of copies of drawings, specifications,reports, and cost estimates;
xerography and photographic reproduction of drawings and other documents
furnished or prepared in connection with the work of this contract.
2. Cost of commercial carrier and public transportation, lodging, car rental and
parking subsistence and out-of-pocket expenses. Private automobile travel at
5.45 per mile.
3. Cost of postage and shipping expenses other than first class mail.
4. Long distance telephone and telegraph charges.
5. Fees for additional special consultants retained with the approval of Client.
INVOICES AND PROGRESS PAYMENT:
1. All work will be progress invoiced and billed on a monthly basis.
2. Reimbursable Costs shall be billed with each invoice.
ACCOUNTS:
Accounts are payable net 30 days from the date of invoice at HICKS & HARTWICK,
INC.'s office in Redlands. CA. (A service charge of 1.5 percent of invoice amount per
month or, portion of month will he applied to all accounts not paid within 30 day-,of
invoice date.
SCHEDULE
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_ July 2007
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