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Home My WebLink AboutContracts & Agreements_52-2003_CCv0001.pdf 26 2003 1-1:1-19 UU") tLANNINta JJtrl tIWAt AGREEMENT FOP,PROMSSIONAL PLANNNG SF ..R This AVMInent is made and entered into this I K day of April,2M,by and between the City of Redlands.a municipal cMoration ("City" and Willdan (Tonsultant"). III consideration of the mutual PrOnUses contained lin, City and Consultant agree as fojjows: LE 1 -UNGAA99MM OF CONS TANT Sal .Vic City hereby:ngages Consultant to provide professional planning services(the"Services"} to support City's Cormnunity Development Deparftent. l-2 The Services PeffOrMCd by Consultant under this Agreement shall,be done in a professional Manner and Consultant represents that it is skilled and has the professional expertise wary to Provide the Services to City at the level of competency presently maintained by other practicing professionals in the industry providing similar services. AR CLE 2-RFI;PONSIB OF CQN&U�TANff 2.1 Consultant shall comply with all Federal, State and local laws, in its performance of the Services,including but not limited to all applicable Labor Code and prevailing wage laws, and all ton-discrimiaation laws including the Americans with Disabilities Act AULCLE 3-n-RESPONSE3RX MS OF 3.1 City hAS desiPated Jeffrey Shaw, its Community Development Director, as City's representative with respect to do Services to be performed under this Agreement andMr. Sbaw shall have complete authority to tranirnit instructions,receive information, interpret and define City,$ policies and decisions with respect to Consultant's peomace of the Services. ARnQX4- 5EM QE kQABEXM T 4.1 Consultant shall Perform the Services at the direction of City for up to forty hours per work Week, and for no more than 6= months, working in the offices of the Ccrnnmnity NVOlopmem Department. VY f.1 r-L.HIMIUM13 WWI t I-fak;lt Vol VZ) 5.1 Fur the performance of the Services,City Will Pay Consultan t a sum not to exceed thilty.six thousand dollars($36,OW), at the rate Of$75.00 per hour of Services pwfonme4j 5.2 PAYMent by City to Consultant shall be made within 30 days after receipt and approval of Consultant's invoice, by warrant payable to Consultant. 53 All notices,invoices and payments shall be made in writing and may be given by personal d'eliv'ery or by mail- Notices, invoices and Payments sent by Mail should be addressed as follows: City: John laquess,City Plan= City of Redlands Community Development DepaTtm=t PO Box 3005 Redlands,CA 92373 Consultant- Albert V.Warot,Vice president Willdan 13191 Crossroads Parkway North,Suite 405 Industry,CA 91746-2120 When so addressed,such notices shall be deemed given upon deposit in the united States mail;in all other instances.notices.invoices and payments shall be deemed given at the time of actual delivery. ClJIMM m be made in the names and address", of the person to who notices, invoices and Payments are to be given by giving notice pu mant to this Section. 'W '1'," 11! 1,0'i� ='!:Iqlc�� 1!�,29aCATIOX CIX 6 � ii!'!]Z ,i �E. — 6-1 Consultant shall indemnify,hold harmless and defend City and iti electedfi of cial officers and MPIOYM from and against any and;LT1 clailms,lows or liability,; din attorney's x1clu g ttor..e y,S fees, arising from injury or death to persons or damage to property occasioned by any ne-g"gMt Or wrongful act Or Mission of Consultant or its officers,agents and c=l*y=s in Performing the Services. A 6.2 The iMuMce required by this Agreement shall be maintained by Consultant at all times during ita performance of the Services,and shall be PriMATY With respect to City and non- cOntribut-Ing tO any insurance or-solf-insurx=maintained by City, ConSWtajnt shall provIde City with Certificates of Insurance and endorsements evidencing such insurance prior to its Veffommnce of the Services, 2 G0-4V1,- I'. V �;�j U t�LANNINU DEFT RX5E 84105 6.3 Consultant shall secure and maintain Workers' Compent Liability �ation and Employer's ability Insurance at 4 times during its performance of the Services in an mrount which ru=ts the statutofY requirement.Tbc insurance policy shall Include a provision pmWbiting Cancellation of said policy except upon thirty(30)days prior written notice to City. 6A Consultant sMI secure and maintain in R)m throughout the duration of this Agreement comprehensive general liability insurance w�lth carriers acceptable toCi Ty. KI u nim r '0 coverage Of One million dollars ($1,0oo,000) per Occurrence and two MijjiOu doll= ($2,000,000)aggregate for public liability,property damage and personal injury is required. City shall be named as an additional insured and the insurance policy shall include a Provision Prohibiting cancellation of said policy except upon"{30)days prior written notice to City,ter, (10)days notice if cancellation is due to nonpayncM of premium. . 6-" CowultInt Rhall secure and maintain professional liability insurance throu0cut the duration Of this Agreement in the amount of one million dollars ($1,000,O40) per claim MAde and annual aggregate. 0-6 COnsultM shall have business auto liability coverage,with minimum limits Of one million ($1.000,000)per occurrence,combined single limit for bodily i ' liability and propertyinjury damage liability, This coverage shall include all consultant owned vehicles used on the Project,hired and non-owned vehicles,and employee non-ownership vehicles. ARITCLE 7-C-FXTPV AT _(:0NjS 1[) – _9MIPY—S 7.1 Consultant is Prohibited frOTA subletting Or assigning any of the Services described fn this Agreement without the prior written consent of City, 7.2 In the event any action is cOmmenced to enforce or interpret any of tiro terms or r this Agreement the prevailing party shall, undltions of to recover its reasonable attorney, in addition to any costs and other relief,be entitled .�,,Vis. 7-3 Consultant hu designated Catherine Joi�nso sea. to perform, the Services required by this Agmemett- M$-Johnson shall not be replaced without concurrence from aty. 7.4 Consultant*for all Purposes undertWs Agreetrientzt independent contractor with mVw to the Services Provided Pursuant to this Agmen tat and not an =PIOYce Of City. All qua"fl'ed personnel Provided by Consultant pursuant to the provisions ofthf$Agreement am to be employed by Consultant for Its account only, and in no event"I Consul car any personnel retaimed by it be deemed to have been employed by City or by City for the account Of Or 00 behalf Of City. Nothing in this Agreement shall be considered to create the relationship of employer and employee between ft parties 3 MAR.261200q 17:10 tzrl 1 wwvlAwa Z- t"LPONIM 7.5 City m"te.tMinate this AS,,, ,ent'w,thout cause b noy providing three(3)dwo ViOrwritten notice to COTLsult2nt Of City's intent to tertninate. ' 7-6 Upon meeipt of a tarnination notice,Consultant shall promptly discoutinue,all servim��and deliver or otherwise makr , available to city, COPIDS Of any data, d"ip calculation., drawings, spec'flcativns, TePOM, estimates, summarfe*, and such Other infDrTnation and M21e62b"may ham been=MuJatrd by this Agreement e Consultant sha b by CMSWCompensated tant'n PerfOnninv the Services required on a - au co'nPl6ted as Of the date of the notice of termination, pTorbasis for any work 7,7 This Agrwnrnt represents the enb*m areement and understandn g betweset the Parties as to dw Vw"contained herein and any rTior negotiations,proposals or oral ageemerits are SuPer-cded by this Agmernent. Any a=ndmmt to thU'Agmement shall be it,writing and qPnMd by the City Council Of City and signed by City and Coningtant. 7.8 This Ag Ment shall be governed by and construed in a=gjance with the laws Of the State Of California. IN WITMS WHEREOF,dW.v authorized MPMMIANICS Of the parties havoSigned in conf=.6pn of this Agreemem CITYOFREDLANDS Ar EST. By: Mayor Cij�Cjk /�/77t--`— er VM.LDAN 4