HomeMy WebLinkAboutContracts & Agreements_158-2007_CCv0001.pdf AGREEMENT TO FURNISH BUILDING AND SAFETY PLAN REVIEW AND
INSPECTION SERVICES
This agreement for plan review and inspection services ("Agreement") is made and
entered into this 4` day of September, 2007 ("Effective Date"), by and between the City of
Redlands, a municipal corporation ("City") and Willdan ("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 plan review and inspection services in
connection with City's Community Development's Building and Safety Division (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.
ARTICLE2 - SERVICES OF CONSULTANT
1.1 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, the Fair Employment and Housing Act and all applicable Labor Code
and prevailing wage laws.
ARTICLE RESPONSIBILITIES OF CITY
3.1 City shall make available to Consultant information in its possession that may assist
Consultant in performing the Services. W
3.2 City will make reasonable provision for Consultant to enter upon City-owned property, as
required by Consultant,to perform the Services.
3.3 City designates Richard Pepper, Chief Building Official 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.
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ARTICLE 4 - PAYMENTS TO CONSULTANT
4.1 City shall pay Consultant on a time and materials, in accordance with Exhibit "B"
entitled "Schedule of Hourly Rates,"which is attached hereto and incorporated herein by
this reference.
4.2 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.
4.3 All notices shall be given in writing by personal delivery or by mail. Notices sent by
United States mail should be addressed as follows:
CAY Consultant
Richard Pepper Ronald Espalin
Building and Safety Willdan
City of Redlands 650 Hospitality Lane, Suite 400
PO Box 3005 San Bernardino, CA 92408-3317
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 4.3.
4.4 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.
DJM\Agree,Wil]dan Building and Safety Agreement 2
81/15/07 2:50 p.m,
ARTICLE 5 - INSURANCE,AND INDEMNIFICATION
5.1 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.
5.2 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.
5.3 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.
5.4 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.
WWAgree"Willdan Building and Safety Agreement 3
8/15/07 2:50 p.m.
5.5 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.
5.6 Professional Liability Insurance. Consultant shall secure and maintain professional
liability insurance throughout the term of this Agreement in the amount of Two Million
Dollars($2,000,000)annual aggregate.
5.7 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 6 - CONFLICTS OF INTEREST
6.1 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 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.
6.2 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;
DJM\A9ree',Wi1Jdan Building and Safety Agreement 4
8/15,107 2:50 p.m.
(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.
6.3 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 7 - GENERAL CONSIDERATIONS
7.1 Attorneys 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.
7.2 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.
7.3 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 shad 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.
7.4 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,
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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.
7.5 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 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.
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.
7.6 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
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.
7.7 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.
7.8 Governing Law. This Agreement shall be governed by and construed in accordance with
the laws of the State of California.
DJNT,A&Yree`,Wi1ldan Building and Safety Agreement
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7.9 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,Zn 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
7
Z
By.
Jon Harrison, Mayor
Z
Attest:
WILLDAN
Bv.-
2
Ronald L. Espali
Sr. Vice President
WM\Agree"Willdan Building and Safety Agreement
8/15/07 2:50 p.m.
EXHIBIT "A"
Schedule:
Plan review services shall be performed as follows:
55% of fees collected by the City for projects with a valuation greater than $10
million
65%of fees collected by the City for projects with a valuation greater than $2 million
75% of fees collected by the City for projects with a valuation equal to or less than
$2 million
For miscellaneous plans such as room additions and tenant improvements and for building
inspections, we propose an hourly time and material fee per Willdan's Schedule of Hourly
Rates dated July 2002 attached herein, effective until December 31, 2007. Our Schedule
of Hourly Rates dated July 2003, attached herein, will take effect on January 1, 2008.
Inspection services shall be provided for an hourly time and materials rate based upon the
schedule of hourly rates (see Attached).
6
AV WILLDAN WILLDAN
Serving Public Agencies Schedule of Hourly Rates
July 1, 2002
Principal Engineer...................................................$150.00 Division Manager.................. ... ... ........... 140.00
Division Manager.......................................................140.00 Principal Landscape Architect.....................
............. 115.00
City Engineer.............................................................140.00 Senior Landscape Architect....................................... 95.00
Project Manager........................................................140.00 Associate Landscape Architect................................... 90.00
Supervising Engineer................................................125.00 Assistant Landscape Architect................................... 75.00
Senior Engineer.........................................................115.00
Senior Design Manager.............................................115.00 �,
Design Manager........................................................105.00 BUILDING SAFETY
Division Manager...................................................... 140.00
Associate Engineer....................................................106,00 Supervising Plan Check Engineer..................,......... 115.00
Senior Designer.........................................................100.00 Building Official......................................................... 115.00
Senior Design Engineer 11..........................................100.00 Plan Check Engineer................................................ 105.00
Senior Design Engineer 1.............................................95.00 Deputy Building Official............................................. 105.00
Designer 11 ...................................................................95.00 Inspector of Record .................................................. 105.00
Designer 1 ....................................................................90.00 Senior Plans Examiner............................................... 95.00
Design Engineer II.......................................................90.00 Supervising Building Inspector................................... 95.00
Design Engineer I........................................................85.00 Plans Examiner........................................................... 85.00
DSenior Drafter........................... ................ .................85.00 Senior Building Inspector............................................ 85.00
rafter 11.......................................................................75.00 Building Inspector.........................................**75.00 185.00
Drafter 1........................................................................70.00 Supervising Construction Permit Specialist................ 75.00
Technical Aide.............................................................60.00 Senior Construction Permit Specialist........................ 70.00
Assistant Building Inspector.................. .......**65.00/85.00
Division Manager....................... .............................140.00 Code Enforcement Officer.......................................... 60.00
...
Project Manager........................................................140.00 Construction Permit Specialist ................................... 55.00
Senior Construction Manager....................................120.00 Assistant Construction Permit Specialist.................... 50.00
Construction Manager...............................................115.00 Plans Examiner Aide .................................................. 50.00
Assistant Construction Manager............. Assistant Code Enforcement Officer.......................... 50.00
....................95.00
Utility Coordinator......................................................100.00
Supervising Public Works Observer..........................100.00 Division Manager........................ . .. ........................ 140.00
Senior Public Works Observer....................................85.00 Principal Planner................................... ................... 115.00
Public Works Observer.................................**75.00/85.00 Principal Community Development Plan.ner............. 115.00
Assistant Public Works Observer ................**65.00/85.00 Senior Planner.......................................................... 105.00
Senior Community Development Planner................ 105.00
Division Manager...................... .................140.00 Associate Planner....................................................... 90.00
Supervisor-Survey& Mapping.................................125.00 Associate Community Development Planner............. 90.00
Senior Survey Analyst..................... ...... ...... ..._.....100.00 Assistant Community Development Planner.............. 80.00
Senior Calculator................... Assistant Planner........................................................ 80.00
....................................100.00
Calculator 11 .................................................................85.00 Planning Technician ................................................... 60.00
Calculator I ..................................................................75.00 Community Development Technician......................... 60.00
SurveyAnalyst 11..........................................................85.00
ADMINISTRATIVE
Survey Analyst I...........................................................75.00 Computer Data Entry..............,................................... 45.00
SurveyParty Chief.......................................................95.00 Clerical....................................................................,... 45.00
Two-Man Field Party......................... 190.00 Word Processin
g ........................................................ 45.00
Three-Man Field Part .........I.....................................240.00 Personal Computer Time............................................ 15.00
Additional billing Gasifications may be added to the above Fisting during **Prevailing Wage Project, Use$85.00/Hour
the year as new positions are created. Consultation in connection with
litigation and court appearances will be quoted separately. The above
schedule is for straight time. Overtime will be charged at 1.25 times,and
Sundays and holidays, 1.70 times the standard rates. Blueprinting,
reproduction, messenger services, and printing will be invoiced at cost
plus fifteen percent (15%). A subconsultant management fee of fifteen
percent (15%) will be added to the direct cost of all subconsultant
services to provide for the cost of administration, consultation, and
coordination.
WILLDAN WILLDAN
Serving Public Agencies Schedule of Hourly Rates
July 1, 2003
ENGINEERING LANDSCAPE ARCHITECTUREPrincipal Engineer ......... ......... ........$160.00 Division Manager ........ .........150.00
Division Manager................................I..................... 150.00 Principal Landscape Architect...............
120.00
City Engineer............................................................ 150.00 Senior Landscape Architect......................................100.00
Project Manager....................................................... 150.00 Associate Landscape Architect...................................95.00
Supervising Engineer........................................... 135.00 Assistant Landscape Architect ...................................80.00
Senior Engineer........................................................ 120.00
Senior Design Manager............................................ 120.00 MiM,DING SAFETY"
Design Manager....................................................... 110.00 Division Manager ......... .........150.00
......... .........
Associate Engineer................................................... 110.00 Supervising Plan Check Engineer............................120.00
Senior Designer........................................................ 105.00 Building Official.........................................................120.00
Senior Design Engineer 11......................................... 105.00 Plan Check Engineer................................................110.00
Senior Design Engineer 1.......................................... 100.00 Deputy Building Official.............................................110.00
Designer il ................................................................ 100.00 Inspector of Record...................................................110.00
Designer I ...................................................................95.00 Senior Plans Examiner.............................................100.00
Design Engineer II......................................................95.00 Supervising Building Inspector..................................100.00
Design Engineer I.......................................................90.00 Plans Examiner............. ...
............. ..............................90.00
Senior Drafter.............................................................90.00 Senior Building Inspector............................................90.00
Drafter II......................................................................80.00 Building Inspector........................................**80.00/90.00
Drafter I.......................................................................75.00 Supervising Construction Permit Specialist................80.00
Technical Aide............................................................65.00 Senior Construction Permit Specialist.........................75.00
Assistant Building Inspector.........................**70.00/90.00
CONSTRUCTION MANAGEMENT Code Enforcement Officer..........................................65.00
Division Manager......................... ................ 150.00 Construction Permit Specialist ...................................60.00
Project Manager....................................................... 150.00 Assistant Construction Permit Specialist....................55.00
Senior Construction Manager................................... 130.00 Plans Examiner Aide...................................................55.00
Construction Manager.............................................. 120.00 Assistant Code Enforcement Officer...........................55.00
Assistant Construction Manager............................... 100.00
Utility Coordinator..................................................... 105.00 PLANNING
Supervising Public Works Observer......................... 105.00 Division Manager ......... ..... .... .................150.00
.... .....
Senior Public Works Observer...................................90.00 Principal Planner.......................................................120.00
Public Works Observer................................ **80.00/90.00 Principal Community Development Planner.............120.00
Assistant Public Works Observer ............... **70.00/90.00 Senior Planner..........................................................110.00
Labor Compliance Manager..................................... 105.00 Senior Community Development Planner.................110.00
Labor Compliance Specialist......................................80.00 Associate Planner.......................................................95.00
Associate Community Development Planner..............95.00
SURVEYINGAssistant Community Development Planner...............85.00
Division Manager......... ......... .......... ............... 150.00 Assistant Planner........................................................85.00
Supervisor-Survey& Mapping................................ 135.00 Planning Technician....................................................65.00
Senior Survey Analyst............................................... 105.00 Community Development Technician.........................65.00
Senior Calculator...................................................... 105.00
Calculator II.................................................................90,00 ADMINISTRATIVE
Calculator I..................................................................80.00 Computer Data Entry ry....... ......... ......... ................ 50.00'.
SurveyAnalyst II.........................................................90.00 Clerical........................................................................50.00
Survey Analyst I..........................................................80.00 Word Processing ........................................................50.00
Survey Party Chief.................................................... 100.00 Personal Computer Time............................................15.00
Two-Man Field Party.................................................200.00
Three-Man Field Party..............................................250.00
**Prevailing Wage Project, Use$90.00/Hour
Additional billing classifications may be added to the above listing during the year as new positions are created. Consultation in
connection with litigation and court appearances will be quoted separately. The above schedule is for straight time. Overtime will be
charged at 1.25 times,and Sundays and holidays, 1.70 times the standard rates.Blueprinting,reproduction,messenger services,and
printing will be invoiced at cost plus fifteen percent(15%), A subconsultant management fee of fifteen percent(15°x6)will be added to
the direct cost of all subconsultant services to provide for the cost of administration, consultation, and coordination.
CAMY DOCUMENT&RATESWILLDAN03.DOC
July 1,2003