Loading...
HomeMy WebLinkAboutContracts & Agreements_163-2004_CCv0001.pdf 2004) to determine whether the public necessity, health, safety or welfare requires the formation of an underground utility district on Stuart Avenue between Orange Street and Eureka Street. Resolution No. 6328 - Traffic - On motion of Councilmember George, seconded by Councilmember Gil, the City Council unanimously adopted Resolution No. 6328, a resolution of the City Council of the City of Redlands establishing speed limits on Colton Avenue pursuant to Title 10 of the Redlands Municipal Code. Agreement - Plan/Map Review Services - On motion of Councilmember George, seconded by Councilmember Gil, the City Council unanimously approved a consultant services agreement with Willdan to provide plan/map review services for the Public Works Department and authorized the Mayor and Deputy City Clerk to execute the document on behalf of the City. Funds - Agreement - Redlands Boulevard Design - On motion of Councilmember George, seconded by Councilmember Gil, the City Council unanimously authorized an appropriation in the amount of $157,229.00 and approved a consultant services agreement with Parsons Brinckerhoff Quade & Douglas, Inc. to provide engineering consulting services for the design of Redlands Boulevard at Alabama Street and Colton Avenue Improvement Project and authorized the Mayor and Deputy City Clerk to execute the document on behalf of the City. Contract Award - Funds - California Street Landfill - Bids were opened and publicly declared on September 23, 2004, by the City Clerk for the California Street Landfill Load Consolidation Area (Project No. 3-0435); a bid opening report is on file in the Office of the City Clerk. Councilmember George moved that the award of a contract and the construction of the California Street Landfill Load Consolidation area (Project No. 3-0435) is addressed by an EIR adopted by the City Council in October of 2002 and does not require further environmental processing pursuant to Section 151.62 of the California Environmental Quality Act Guidelines based on the findings contained in the staff report. Motion seconded by Councilmember Gil and carried unanimously. Councilmember George moved to award the contract for the California Street Landfill Load Consolidation Area (Project No. 3-0435) to Pacific Hydrotech Corporation based on the total bid amount of $402,402.00, authorized the Mayor and Deputy City Clerk to execute the document on behalf of the City, authorized staff to approve costs up to 10 percent over the total bid amount, and approved an additional appropriation in the amount of $195,000.00. Motion seconded by Councilmember Gil and carried unanimously. Contract Award - Funds - East Side Landfill Closure - Bids were opened and publicly declared on September 30, 2004, by the City Clerk for the East Side Landfill Closure Improvements (Project No. 3-0536); a bid opening report is on October 19, 2004 Page 3 AGREEMENT TO FURNISH ENGINEERING CONSULTING SERVICES FOR REVIEW OF ENGINEERING PLANS, MAPS AND DOCUMENTS This Agreement is made and entered into this 19th day of October 2004, by and between the City of Redlands, a municipal corporation (hereinafter City ) and Willdan (hereinafter "Consultant"), ARTICLE 1 - ENGAGEMENT OF CONSULTANT 1.1 City hereby engages Consultant to perform engineering consulting services(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 specific Services which Consultant shall perform are to provide engineering consulting services in the review of engineering plans, maps and documents relative to proposed developments and projects, and to perform assignments relating to the operation of City's Public Works Department 2.2 Consultant shall comply with all applicable Federal, State and local rules, laws and regulations in the performance of this Agreement including but not limited to the State's Fair Employment and Housing Act, and all applicable Labor Code and prevailing wage laws. ARTICLE 3 - RESPONSIBILITIES OF CITY 3.1 City shall make available to Consultant information in its possession that is pertinent to the performance of Consultant's Services. 3.2 City will provide access to and make provisions for Consultant to enter upon City-owned property as required by Consultant to perform the Services. 3.3 City designates Tom T. Fujiwara to act as its representative with respect to the Services to be performed under this Agreement. ARTICLE 4 - PERIOD OF SERVICE 4.1 Consultant shall perform the Services in a prompt and diligent manner. lemagree%io II-04C'onsultan[SeRjecsA�reemenrckpd l 7 ARTICLE 5 - PAYMENTS TO THE CONSULTANT 5.1 The Services shall be compensated at the rate of$85.00 per hour. The total compensation for Consultant's performance of the Services shall not exceed $17,564.00. 5.2 Consultant shall bill City within ten days following the close of each month by submitting an invoice indicating the portion of the Services performed, who perfonned the Services, indirect costs, and the detailed cost of all Services including backup documentation. Payments by City to Consultant shall be made within 30 days after receipt and approval of Consultant's invoice, by warrant payable to Consultant. 5.3 All notices, bills and payments shall be made in writing and may be given by personal delivery or by mail. Notices, bills and payments sent by mail shall be addressed as follows: City Consultant Tom T. Fujiwara Anne M. Schneider Public Works Department Willdan PO Box 3005 650 Hospitality Lane, Suite 400 Redlands, CA 92373 San Bernardino CA 92408-3317 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 whom notices and payments are to be given by giving notice pursuant to this paragraph. ARTICLE 6 - INSURANCE AND INDEMNIFICATION 6.1 Consultant's Insurance to be Prima All insurance required by this Agreement is to be maintained by Consultant for the duration of this Agreement and shall be primary with respect to City and non-contributing to any insurance or self-insurance maintained by City. Consultant shall not perform any Services pursuant to this Agreement 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 any 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 amounts which meet statutory requirements with an insurance carrier acceptable to City. lem"agree,10-19-04Consultant Sen ices Agree ment.wpd 7 B. Consultant expresslywaives all rights to subrogation aCY gainst City,its officers,employees and volunteers 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 's mutually negotiated by the parties. The foregoing waiver shall not apply to any damage resulting from the sole negligence of City, its agents and employees. 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 is valid and enforceable only to the extent of the negligence of Consultant, its officers, agents and employees, 6.3 Comprehensive General Liability Insurance. Consultant shall secure and maintain in force throughout the duration of this Agreement comprehensive genera] 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. Consultant shall obtain an endorsement that City shall be named as an additional insured. 6.4 Professional Liability Tnsurance. Consultant,shall secure and maintain professional liability insurance throughout the duration of this Agreement in the amount of one million dollars ($1,000,000)per occurrence and two million dollars ($2,000,000) annual aggregate. 6.5 Business Auto Liability Insurance Consultant shall have business auto liability coverage with minimum limits of 1 million ($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 on the project,hired and non-owned vehicles,and employee non-ownership vehicles. Consultant shall obtain an endorsement that City shall be named as an additional insured. 6.6 Assi(-nrnent and hisurance Requirements Consultant is expressly prohibited from subletting or assigning any of the services covered by this Agreement without the express written consent of City. In the event of mutual agreement between parties to sublet a portion of the Services,the Consultant will add the subcontractor as an additional insured and provide City with the insurance endorsements prior to any work being performed by the subcontractor. Assignment does not include printing or other-customary reirnbursable expenses that may be provided in this Agreement. 6.7 Hold Harmless and Indemnification. Consultant shall defend, indemnify and hold harmless City, its elected officials, officers, employees and agents, from and against any and all actions, claims, demands, lawsuits, losses and liability for damages to persons or property, including costs and attorney fees,that maybe asserted or claimed by any person,firm,entity, corporation, political subdivision or other organization arising out of or in connection with em��ree�10-19-OdC"ultanl Selt'cc I Ayreel'Teti I wpd Consultant's negligent and/or intentionally wrongful acts or omissions under this Agreement; but excluding such actions, claims, demands, lawsuits and liability for damages to persons or property arising from the sole negligence or intentionally wrongful acts of City, its officers, employees or agents. ARTICLE 7 - GENERAL CONSIDERATIONS 7.1 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. 7.2 Consultant shall not assign any of the Services required by this Agreement, except with the prior written approval of City and in strict compliance with the terms, provisions and conditions of this Agreement. 7.3 Consultant's key person to perform the Services is Anne M. Schneider, Vice President. Consultant agrees that this keyperson shall be made available and assigned to the Project and that she shall not be replaced without concurrence from City. 7.4 All documents, records, drawings, designs, cost estimates, electronic data files, databases, and other documents developed by Consultant pursuant to this Agreement and any copyright interest in said above described 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 will be at City's sole risk. 7.5 Consultant is for all purposes an independent contractor. Consultant shall supply all tools and instrumentalities required to perform the consulting services in this Agreement. 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. 7.6 Unless earlier terminated, as provided for below, this Agreement shall terminate upon completion and acceptance of the Services by the City. 7.7 This Agreement may be terminated by the City, without cause, by providing five (5) days prior written notice to the Consultant (delivered by certified mail, return receipt requested) of intent to terminate. 7.8 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. lemagreei10-19 04i oatsu(tant Setjices Agreement-wpd 4 i 7.9 Upon receipt of a termination notice, Consultant shall (1)promptly discontinue all services affected, and (2) deliver or otherwise make available to City copies (in both hard copy and electronic form,where applicable)ofany 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 required by this Agreement. Consultant shall be compensated on a pro-rata basis for work completed up until notice of termination. 7.10 Consultant shall maintain books and accounts of all Services related payroll costs and all expenses. Such books shall be available at all reasonable times for examination by the City at the office of Consultant. 7.l 1 This Agreement represents the entire agreement and understanding between the parties as to the matters contained herein,and any prior negotiations,proposals or written agreements are superseded by this Agreement. Any amendment to this Agreement shall be in writing approved by the City Council of City and signed by City and Consultant. 7.12 This Agreement shall be governed by and construed in accordance with the laws of the State of California. IN WITNESS WHEREOF, duly authorized representatives of the City and Consultant have signed in confirmation of this Agreement. City of Redlands Willdan By: �V By: 4SLisaeppler,Mayor Ron Espalin � Attest: 4.'BeatAric6' Sarfchez, Deputy Cit lerk IenTagree\10-19-040m,ultalit Senices Agrcenen[.wpd