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HomeMy WebLinkAboutContracts & Agreements_231-2019PS -I 1 (1.24 19) AGREEMENT TO PERFORM PROFESSIONAL SERVICES This agreement for the provision of On-call Plan Review Services ("Agreement") is made and entered on this 2511.1 day of tIW END 2019 ("Effective Date"), by and between the City of Redlands, a municipal corporation ("City)" and HR Green Pacific, 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 provide On-call Small Cell Site 5G Plan Review services for City (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 knowledge 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 at the same time or similar locality ARTICLE 2 — SERVICES OF CONSULTANT 2.1 The Services that Consultant shall perform are more particularly described in Exhibit "A," entitled "Scope of Services," which is attached hereto and incorporated herein by reference. 2 2 Consultant shall comply with applicable federal, state and local laws and regulations m the performance of this Agreement including, but not limited to, State prevailing wage laws 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 Chns Boatman, Facilities & Community Services Director, 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 and complete the Services in a prompt and diligent manner in accordance with the services set forth in Exhibit "A," entitled "Scope of Services," which is attached hereto and incorporated herein by reference 4 2 The term of this Agreement shall be for a period of one (1) year from the Effective Date , unless terminated earlier as provided herein PS 1 1 (1 24 19) 4 3 Consultant shall upon receipt of a completed set of plan documents, perform a plan review in accordance with the FCC's Standards, City's Ordinance, and 45 -day shot clock deadline 4 4 If Consultant's Services include deliverable electronic visual presentation materials, such materials shall be delivered in a forst, and made available to the City, consistent with City Council adopted policy for the same It shall be the obligation of Consultant to obtain a copy of such policy from City staff ARTICLE 5 — PAYMENTS TO CONSULTANT 5 1 The total annual compensation for Consultant's performance of the Services shall not exceed Forty Thousand Dollars ($40,000 00) for a period of one year after the Effective Date City shall pay Consultant on a time and materials basis in accordance with Exhibit "C" entitled ("Fee/Cost Proposal") attached hereto and incorporated herein by 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, the number of hours spent and by whom, and a description of reimbursable expenses related to the Services City shall pay Consultant no later than thirty (30) days after receipt and approval by City of Consultant's .invoice 5 3 Any notice or other communication required, or which may be given, pursuant to this Agreement, shall be m writing. Any such notice shall be deemed delivered (t) on the date of delivery in person, (u) five (5) days after deposit m first class registered mail, with return receipt requested, (irt) on the actual delivery date tf deposited with an overnight courser, or (iv) on the date sent by facsimile, tf confirmed with a copy sent contemporaneously by first class, certified, registered or express mail, to each case properly posted and fiully prepaid to the appropriate address set forth below, or such other address as a Party may provide notice in accordance with this section City City Clerk City of Redlands 35 Cajon Street P O Box 3005 Redlands, CA 92373 jdonaldson@cttyofredlands org 909-798-7531 Consultant George Wentz, Vice President HR Greets Pacific, Inc 1260 Corona Point Ct, Suite 305 Corona, CA 92879 b ventz@hrgreen cont 855-900-4742 ARTICLE 6 — INSURANCE AND INDEMNIFICATION 2 PS 1 1 (1 24 19) 6 1 The following insurance coverage 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 the required insurance listed below is obtained by Consultant Consultant shall provide City with certificates of insurance and endorsements evidencing such insurance prion to commencement of the Services Insurance policies shall include a provision prohibiting cancellation of the policy except upon thnty (30) days pnor written notice to City with a ten (10) day notice exception for non-payment of premium A Workers' Compensation and Employer's Liability insurance in the amount that meets statutory requirements with an insurance carrier that has an AM rating or AVII or better, or certification to City that Consultant is self-insured or exempt from the workers' compensation laws of the State of California Consultant shall execute and provide City with Exhibtt "C" entitled "Workers' Compensation Insurance Certification," which is attached hereto and incorporated herein by this reference pnor to performance of the Services B. Commercial General Liability insurance with carriers acceptable to City in the minium amount 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 and such insurance shall be primary and non-contributing to any insurance or self-insurance maintained by City C Business Auto Liability coverage, with minimum limits of One Million Dollars ($1.,000,000) per occurrence, combined single limit bodily injury liability and property damage liability This coverage shall include all Consultant owned vehicles used m connection with Consultant's provision of the Services, hired and non -owned vehicles, and employee non -ownership vehicles City shall be named as an additional insured and such insurance shall be primary and non-contributing to any insurance or self- insurance maintained by City D Consultant is expressly prohibited from assigning any of the Services without the pion written consent of City In the event of mutual agreement by the Parties to assign a portion of the Services, Consultant shall provide City with the subcontractor's certificate of insurance prior to any Services being performed by the assignee or subcontractor 6 2 Consultant shall defend, indemnify and hold harmless City and its elected officials and employees from and against any and all damage liability or cost, including reasonable attorneys' fees, arising from injury of death to persons or damage to property caused by any negligent act or omission by, or the willful misconduct of, Consultant, or its officers, employees and agents in performing the Services ARTICLE 7 -- CONFLICTS OF INTEREST 7 I Consultant 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 PS -1 1(1 24 19) property or investment that would be affected in any manner or degree by the performance of Consultant's Services Consultant further represents that in the performance of its duties 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 (i) approve a rate, rule or regulation, or adopt or enforce a City law, (it) 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 01 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, Consultant shall complete and file a Fair Political Practices Commission Form 700, Statement of Economic Interests, wtth the Ctty Clerk's office pursuant to the written instructions provided by 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, m 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 Any assignment or attempted assignment without such prior written consent may, in the sole discretion of City, results in City's immediate termination of this Agreement 8 3 Consultant is for all purposes under this Agreement an independent contractor and shall perform the Services as an independent contractor Neither City not its agents shall have control over the conduct of Consultant or Consultant's employees, except as herein set PS 1 1 (1.24.19) herein, unless to do so would deprive a Party of a matenal benefit of its bargain under this Agreement IN WITNESS WHEREOF, duly authorized representatives of City and Consultant have signed in confirmation of this Agreement CITY OF ' bLANDS HR Gree Pacific, Inc By - nice McConnell, Assistant City Manager Attest dIP _s.... .• e Donaldson, City Clerk 6 By- PS 1 1 (1.24 19) forth Consultant shall supply all necessary tools and instrumentalities required to perform the Services Assigned personnel employed by Consultant are for its account only, and in no event shall Consultant or 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 of implied, to act on behalf of City in any capacity whatsoever as an agent, nor shall Consultant have any authority, express 01 implied, to bind City to any obligation 8 4 This Agreement may be terminated by City, in its sole discretion, by providing not less than five (5) days prior written notice to Consultant of City's intent to terminate If this Agreement is terminated by City, an adjustment to Consultant's compensation shall be made, and Consultant shall be compensated foi all Services performed in a manner consistent with professional standard of care through the date of termination but no amount shall be allowed for anticipated profit Consultant shall discontinue its provision of the Services on or before the date of termination and, within five (5) days of the date of the termination, deliver or otherwise make available to City, copies (in both hard copy and electronic form, where applicable) of project related 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 foi Services completed up to the date of termination This Agreement may be terminated by Consultant by providing not less than five (5) days prior wntten notice to City if City fails to perform any provisions of this Agreement If this Agreement is termmated by Consultant, Consultant will be compensated for all services performed m a manner consistent with professional standard of care through the date of termination 8 5 Consultant shall maintain books, ledgers, invoices, accounts and other records and documents evidencing costs and expenses related to the Services foi a period of three (3) years, of 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 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 Except as otherwise provided for herein, 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 Hone 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 remaindei of this Agreement and shall not affect, impair or invalidate the remaining sentences, clauses, paragraphs or sections contained E'8-1 I (1 24 19) EXHIBIT "A" SCOPE OF SERVICES ''=,o= „a Overview HR Green's plan review services are not dependent upon one particular person, but rather built on a proven process we have effectively utilized for nearly 50 federal, state, regional, and municipal clients To help assure that submittals from any applicant are properly handled and work hours are not lost, HR Green has a proven internal plan review coordination process, G4 i nTREx, to make certain that each plan received is properly processed and returned on time The status of any plan can be easily determined at any point in time HR Green's (3,c- - iTREx development review process/program allows us to efficiently complete plan tasks concurrently This is a formalized and integrated process whereby Technician data input and processing, Review, and Experienced professional staff manage quality control functions that are consistently implemented on each and every project This allows multiple HR Green staff to assist at arty phase of the processing, review, and approval phase The quality of our staff and local presence of core personnel (Project Manager, Plan Reviewers, and Technician) provides you with a proven extension to your staff that binds the varying interests of your operations, the citizens you serve, and legal and regulatory considerations into a dynamic, flexible working system The success of this system is based on thousands of hours of practical, i eal-world experience by our dedicated personnel and their unique ability to interact quickly and efficiently with your staff Our Project Manager, T_PE, will be responsible for the quality control of all services provided by our staff, implementing proven quality control measures to ensure uniform policies and procedures to consistently provide responsive, professional services As well, HR Green staff will ensure timeliness of reviews and compliance with all requirements, objectives, standards and codes and coordinate with your staff during the process for timely closeouts and review completeness Our personnel will also help implement the electronic plan checking and web -enabled plan review document control best practices, should you so desire these tools HR Greens Small Cell Review Checklist Since HR Green has deep experience in this field, our approach will be to "merge" HR Green's existing small cell wireless facilities procedures with Redlands' newly -developed processes A mow• arut key element of our approach will be to offer to implement our well-defined 12 page Small Cell Review Checklist and "overlay" it with Redlands' policy to ensure full compliance Included among the elements reviewed are r typically concerns about meeting aesthetic standards, sight triangle requirements, noise, etc ` Should the City wish to refine its standards after reviewing the HR Green checklist and meeting with our key team members, we would welcome 4,ff the opportunity to share our experience and enhance Redlands' approach In that regard, we mow have implemented exactly such measures with dozens of cities and would be pleased include Redlands staff into our circle of clients RF Requirements - We were pleased to note that Redlands will be requiring an RF compliance report from carriers It's worth noting that the FCC regulations provide Cities "may not reject a small cell tower on the "basis of the environmental effects of radio-frequency emissions to the extent that such facilities comply with the (Federal Communications) Commission's regulations " [emphasis added] Our experience is that carriers often submit these compliance reports in a wide vanety of formats, details and quality Again, from experience, we have found cities who are not "crystal-clear" in their RF compliance report formats can spend hours needlessly involved when public opposition arises — much of which can be avoided "up front " For example, the LA Times reported on HR Green's efforts in Laguna Beach (see https llwww_iatimes.com/socalldaily-piiot/news/tn-dpt-me-tb-council-5q-20190510- story html). In that case, dozens of residents appeared before their city council complaining largely about the RF effects We understand Redlands does not wish to review RF reports as part of the scope of services at this point Again, from our small cell review experience, it's worth noting that these RF reports are often prepared not by the earners themselves, but by small consulting firms with no experience in California or awareness of issues of local concern More importantly, these reports are known to often contain significant errors which often can lead to further complications if unchallenged by the cities. To illustrate an example in which we recently were performing small cell review services for another local government, we developed a simplified graphic showing a major error which our reviewers "caught" prior to approval PS 11(12419) WI IIR GREEN'S 12 -PAGE SMALL CELL PLAN REVIEW CHECKLIST 8 PS -1 1 (1.24 19) As submitted, one carrier was erroneously proposing sending high powered RF signal at " degrees a imuth" and an effective radiated power of watts -- directly into the bedroom of a nearby residence If installed as proposed, the tower might have radiated a small child's room with a high power microwave "pencil thin" beam — with the local government's (urt nowing approval We believe our role is in proactively finding, and preventing just such scenarios for Redlands r Arstraliva Graph:c showing apprarrmale zero degree azimuth beam (NM red i and right-0-wai Hr* 2 kel trom base {dashed red! While errors like this are surprisingly not uncommon, we would suggest Redlands require, for example, submitters to include graphics to illustrate the radiation patterns relative to the FCC requirements — both at the antenna face — and at ground level, and considering topography and distance to nearest residences Also, % maximum permissible exposure (MPE) should be a high priority detail we would recommend Again, we understand requiring this kind of technical data is permissible under the FCC rules and submitters seldom raise any issues doing so To summarize, our approach is to initially "triage" the Redlands' backlog immediately to ensure shot clock criteria are met Simultaneously, we will work with Redlands staff to develop "crisp" submittal criteria to reduce the future "re-wor " involved in reviewing unformatted or unstandardized submissions 9 PS -1 1 (1 24 19) In sequence, we propose ✓ Working with the city to merge our checklist with Redlands requirements ✓ Require a standardized format ✓ Critically review the submissions as required by Redlands ✓ Clear out the bac log per the FCC "shot cloc " deadlines ✓ Develop an experience base, noting time and levels of effort required per review with a goal of agreeing to a "unit price approach" once the submissions are standardized ✓ Wor toward a "standards ed review" scenario, apply the Redlands per site fee structure to our approach ✓ Once a base of experience is developed, we propose o Developing a "lump sum" for the "routine" or standard submissions o More controversial, unique or complex submissions would be completed on a T&M basis ✓ We would also li e to explore developing a "pass through" fee methodology for all — which we understand is compliant with the FCC regulations promulgated in late 2018 - so the City does not inadvertently "subsidi e" its reports or consume valuable staff review time ✓ We also would like to propose offering to help the City rewrite its code to allow 100% cost recovery of the reviews ✓ If needed, we will assist in attending public meetings and developing presentation(s) to ensure submittals are 100% compliant with the FCC regulations ✓ Special emphasis always is placed on o Compliance with the FCC standards ( MP " via high quality reports submitted "first time" o Ensuring full transparency and informed public decision making in the process ey to our approach we believe is our expertise in "translating" the technical report(s into " nglish" for the staff and, if necessary for the public to understand Clearly, we intend to ma e staffs role easy — we take the burden off by helping the public understand the FCC rules, the proposal, and how it complies or doesn't with the process t PS -1 1 (1 24 19) EXHIBIT "B" Fee/Cost Proposal Small Wireless Facility (SWF) Unit Cost Application Review: For new applications Consultant will provide review services at a per hour rate Time and Material: Rates would be based on the below hourly fee schedule Personnel Classification Hourly Billing Rate Principal-m-Charge/Program Manager $215-250 Project Manager $175-200 QA/QC Manager $165-185 Civil Plan Check Manager $170-200 Senior Professional/Project Engineer $175-200 Traffic Engineer $175-200 Professional Engineer $150-175 Associate Engineei $135-160 Assistant Engineer $110-140 Senior Civil Plan Checker $165-185 Civil Plan Checker $140-165 Public Works Technician $100-115 Transportation Manager $125-165 Transportation Planner $125-165 Permit Technician $ 80-100 Administrative Assistant $ 70-95 Note 1 Other classifications are available based upon the needs of the City Direct/Reimbursable Expenses and Sub -consultants: Reimbursement for direct expenses, as listed below, incurred in connection with the work, will be at cost plus 15 percent for items such as a Maps, photographs, reproductions, printing, equipment rental and special supplies related to the work b Sub -consultants and other outside services, if needed c Specific Telecommunications and delivery charges d Special fees, insurance, permits and licenses applicable to the work e Outside computer processing, computation, and proprietary programs purchased for the work f Mileage and vehicle costs directly related to agency services g Travel Expenses (e g , hotel, meals, transportation, etc ) 11 PS -1. 1 (1.24 14) EXHIBIT "C" WORKERS' COMPENSATION INSURANCE CERTIFICATION Every employer except the State, shall secure the payment of compensation in one or more of the following ways. (a) By bemg insured against liability to pay compensation 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 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 m 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 an any manner such that I become subject to the workers' compensation laws of California However, at any time, 11 '1 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 HR Green Pacific, Inc Date By. Ge ge Wen resident 12