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HomeMy WebLinkAboutContracts & Agreements_148-2014_CCv0001.pdf AGREEMENT TO FURNISH PROFESSIONAL SURVEY SERVICES This agreement to provide professional survey services ("Agreement") is made and entered into this 30th day of July, 2014 ("Effective Date"), by and between the City of Redlands, a municipal corporation ("City") and Westland Group 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 1 -ENGAGEMENT OF CONSULTANT 1.1 City hereby engages Consultant to perform professional survey work on an as needed basis at various locations (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 similar types of Services. ARTICLE 2 -SERVICES OF CONSULTANT 2.1 The Services which Consultant shall perform on an as needed basis and will be determined at the time the Services are needed. 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. 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 Chris Diggs 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. 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 Services, but which the Parties did not reasonably anticipate would be necessary at the time of execution of this Agreement. 1 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 City shall pay Consultant the sum of Thirty Thousand Dollars ($30,000)as compensation for the Services. City shall pay Consultant on a time and materials basis up to the not to exceed amount, in accordance with Exhibit "A" entitled "Rate Schedule." Exhibit"A" is attached hereto and incorporated herein by this reference. 5.2 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, 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,and that all expenses, rates and other information set forth in the invoice are consistent with the terms and conditions of this Agreement. 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: city Consultant Chris Diggs Mary Josenhans Deputy MUED Director President City of Redlands Westland Group Inc. P.O. Box 3005 11023 Eucalyptus Street Redlands,CA 92373 Rancho Cucamonga, CA 91730 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. 2 6.2 Workers Compensation and Employer's Liability. 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 as described in Exhibit "B," entitled "Workers' Compensation Insurance Certification," which is attached hereto and incorporated herein by this reference. 6.3 Comprehensive General Liability Insurance. 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. Such insurance shall be primary and non-contributing to any insurance or self-insurance maintained by City. 6.4 Business Auto Liability Insurance. Consultant shall secure and maintain 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. 6.5 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 acts or omissions, or willful misconduct, in performing the Services. 6.1 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. 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 Services 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 a governmental decision whether to: 3 (i)approve a rate, rule or regulation, or adopt or enforce a City law; (ii) issue, deny, suspend or revoke any City permit, license, application, certification,approval,order or similar authorization or entitlement; (iii) authorize City to enter into, modify or renew a contract; (iv)grant 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)grant City approval to a plan,design,report, study or similar item; (vi) adopt or grant 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 87302. 7.3 In the event City 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 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 written approval of City and in strict compliance with the terms,and conditions of this Agreement. 8.3 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. 4 8.4 Unless earlier terminated, as provided for herein, this Agreement shall terminate upon completion and acceptance of the Services by City. 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. 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. 8.5 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. 8.6 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. 8.7 This Agreement shall be governed by and construed in accordance with the laws of the State of California. 8.8 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. CITY OF REDLANDS WESTLAND GROUP INC. By: By: '7)Ze uiaux�t Tina T. Kundig, Finance Director Mar ns, President Attest: J nne Donaldson, Deputy City Clerk 5 Exhibit"A" Rate Schedule OFFICE SERVICES Principal Surveyor --------------------------------------------------- $130.00/hr Project Manager ------------------------------------------------------ $125.00/hr Professional Land Surveyor/Engineer------------------------------ $115.00/hr Project Surveyor------------------------------------------------------- $105.00/hr Survey/GIS Analyst--------------------------------------------------- $95.00/hr Survey/Engineering/GIS Technician-------------------------------- $85.00/hr Drafting/Mapping Technician--------------------------------------- $75.00/hr Surveying Aide/Administration------------------------------------- $67.00/hr FIELD SERVICE I-Man Survey Crew with Equipment------------------------------- $135.00/hr 2-Man Survey Crew with Equipment------------------------------- $190.00/hr 3-Man Survey Crew with Equipment------------------------------- $235.00/hr 2-Man Survey Crew(Prevailing Wage)--------------------------- $230.00/hr Hourly rates for field crews include normal usage of field equipment and are fully equipped rates, including vehicle. There is a four(4)hour minimum call out. REIMBURSABLE EXPENSES Mileage incurred by office employees is charged at current IRS rates Out of town stay will be billed at cost per person per night with client approval Prints,maps,documents,messenger service,air travel,rental equipment, and other direct expenses (material/supplies)will be charged at cost plus 10%.The services of outside consultants will be charged at cost plus 10%.In house reproduction and plotting will be billed at cost. OVERTIME Saturday and hours in excess of 8 hours per day will be charged at 1.5 times the standard hourly rate. Sundays and holidays authorized by the client will be charged at 2 times the standard hourly rate. All rates effective until June 30, 2015 6 EXHIBIT "B" WORKERS' COMPENSATION INSURANCE CERTIFICATION TO PERFORM PROFESSIONAL SURVEY SERVICES Every employer, except the State, shall secure the payment of compensation in one or more of the following ways: (a) By being insured against liability to pay compensation by one or more insurers duly authorized to write compensation insurance in this State. (b) By securing from the Director of Industrial Relations, a certificate of consent to self- insure, either as an individual employer, or as one employer in a group of employers, which may be given upon furnishing proof satisfactory to the Director of industrial Relations of ability to self-insure and to pay any compensation that may become due to his or her employees. CHECK ONE V""I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers' Compensation or to undertake self- insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work and activities required or permitted under this Agreement. (Labor Code §1861). I affirm that at all times, in performing the work and activities required or permitted under this Agreement, I shall not employ any person in any manner such that I become subject to the workers' compensation laws of California. However, at any time, if I employ any person such that I become subject to the workers' compensation laws of California, immediately I shall provide the City with a certificate of consent to self-insure, or a certification of workers' compensation insurance. I certify under penalty of perjury under the laws of the State of California that the information and representations made in this certificate are true and correct. Westland Group Inc. By: J64W / Mary.losenhans Date: 7