HomeMy WebLinkAboutContracts & Agreements_221-2005_CCv0001.pdf AGREEMENT TO FURNISH ENGINEERING SERVICES AND MATERIALS FOR THE
ELECTRICITY COGENERATION FACILITY, WITH JANECHEK AND ASSOCIATES
This Agreement is made and entered into this' 15th day of November, 2005 by and
between the City of Redlands, a municipal corporation (hereinafter "City") and Janechek &
Associates,hereinafter("Consultant).
In consideration of the mutual promises hereinafter set forth, City and Consultant agree as
follows:
ARTICLE I -ENGAGEMENT OF CONSULTANT
1.1 City hereby engages Consultant and Consultant hereby accepts the engagement to
perform services for the additional materials for the Electricity Cogeneration Facility(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 more particularly described in
Attachment "A" entitled "Scope of Services" 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, all applicable Labor
Code and prevailing wage laws commencing at Labor Code section 1770 et M.,and non-
discrimination laws including the Americans with Disabilities Act and the Fair
Employment and Housing Act.
2.3 Consultant fin-ther understands that if it violates the provisions of the Labor Code relating
to prevailing wage, that City may enforce the Labor Code by notice of the withholding of
contract payments to Consultant or its subcontractors pursuant to Labor Code sections
1726, 1727 and 1771.6.
2.4 Consultant agrees that if it executes an agreement with a subcontractor to perform any of
the Services, that Consultant shall comply with Labor Code sections 1775 and 1777.7 by
providing the subcontractor with copies of the provisions of Sections 1771, 1775, 1776,
1777.5, 1813 and 1815 of the Labor Code. Consultant acknowledges that the statutory
provisions for penalties for failure to comply with state wage and hour laws and to pay
prevailing wages may be enforced by City pursuant to Labor Code sections 1775 and
1813.
ARTICLE 3 -RESPONSIBILITIES OF CITY
ARTICLE 3 -RESPONSIBILITIES OF CITY
3.1 City shall make available to Consultant information in its possession that is pertinent to
the performance of Services.
3.2 City will make provisions for Consultant to enter upon City-owned property as required
by Consultant to perform the Services.
3.3 City designates Michael Pool 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 and in accordance
with the schedule set forth in Attachment "B," entitled "Project Schedule."
ARTICLE 5 -PAYMENTS To THE CONSULTANT
5.1 The total compensation for Consultant's performance of the Services shall not exceed the
amount of$80,964.00. City shall pay Consultant on a time and materials basis up to the
not to exceed amount, in accordance with Attachment "C" entitled "Project Fee," and
based upon the hourly rates shown in Attachment "D," entitled "Rate Schedule."
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 performed the Services,
indirect costs, and the detailed cost of all Services including backup documentation.
Payments by City to Consultant shall be made within thirty (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:
Citv Consultant
Michael Pool Alan Janechek
Municipal Utilities Department Janechek and Associates
City of Redlands 248 Hill Place
35 Cajon Street, Suite 15A Costa Mesa, CA 92627
PO Box 3005 (mailing)
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 whom notices and payments
are to be given by giving notice pursuant to this section.
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6.5 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 the Services, 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 Assignment and Insurance Requirements.
Consultant is expressly prohibited from assigning any of the Services without the express prior
written consent of City. In the event of mutual agreement between parties to assign a portion of
the Services, Consultant shall add the assignee as an additional insured and provide City with the,
insurance endorsements prior to any Services being performed by the assignee. Assignment does
not include printing or other customary reimbursable 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 may be
asserted or claimed by any person, firm, entity, corporation, political subdivision or other
organization arising out of or in connection with 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 negligence or
intentionally wrongful acts of City, its officials, 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, including fees for in-
house counsel of the parties at rates prevailing in San Bernardino County,California.
7.2 Consultant's key person to perform the Services is Project Manager Alan Janechek.
Consultant agrees that this person shall be made available and assigned to perform the
Services and that he shall not be replaced without concurrence from City.
7.3 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.
7.4 Consultant is for all purposes an independent contractor. Consultant shall supply all tools
and instrumentalities required to perform the Services described 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.
7.5 Unless earlier terminated, as provided for below, this Agreement shall terminate upon
completion and acceptance of the Services by City.
7.6 This Agreement may be terminated by City, without cause, by providing five (5) days
prior written notice to Consultant(delivered by certified mail, return receipt requested)of
intent to terminate.
7.7 If this Agreement is terminated by City,an adjustment to Consultants 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.
7.8 Upon receipt of a termination notice, Consultant shall (1) immediately discontinue all
Services, and (2) within five (5) days of the date of said 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 work completed up until notice of termination.
7.9 Consultant shall maintain books and accounts of all payroll costs and expenses related to
the Services. Such books shall be available at all reasonable times for examination by
City at the office of Consultant.
7.10 This Agreement, including the Attachments 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 Council of City and signed by City and Consultant
7.11 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 (Consultant)
By:
BY: SAN PEPPLERf 9 Adan Janechek,President
,Mayor Janechek and Associates
Attest:
City Clerk,City lands
AGREEMENT TO FURNISH ENGINEERING SERVICES AND MATERIALS
FOR THE ELECTRICITY CO-GENERATION FACILITY
ATTACHMENT A
SCOPE OF SERVICES
ATTACHMENT A
SCOPE OF SERVICES
ENGINEERING SERVICES AND MATERIALS
Provide engineering services and materials for operation and maintenance of the
Electricity Co-generation Facility at the Water Reclamation Facility. The task will
consist of providing engineering services and parts as approved by the Municipal Utilities
Department for repair of the Co-generation Facility. Materials and parts will be provided
at cost to the City.
ATTACHMENT B
SCHEDULE
The schedule for the work will be based on a service for the duration necessary to exhaust
the allocated fiends.
J
AGREEMENT TO FURNISH ENGINEERING SERVICES AND MATERIALS
FOR THE ELECTRICITY CO-GENERATION FACILITY
ATTACHMENT B
SCHEDULE
AGREEMENT TO FURNISH ENGINEERING SERVICES AND MATERIALS
FOR THE ELECTRICITY CO-GENERATION FACILITY
ATTACHMENT C
PROJECT FEE
ATTACHMENT C
PROJECT FEE
The project fee for the agreement shall be for the amount of$80,964.00
AGREEMENT TO FURNISH ENGINEERING SERVICES AND MATERIALS
FOR THE ELECTRICITY CO-GENERATION FACILITY
ATTACHMENT D
RATESCHEDULE
JANECHFK & ASSOCIATES
SCHEDULE. + CH/4RGES
far
C'lty of Redlands
Effective am Contiact Start Date
1. For hourly workers, time worked In excess of eight hours per day and
weekend work will be charged at 1.5 times the hourly rate.
2. Outside services will Include a 0% markup unless listed In the project scope
of work.
FEE SCHEDULE
Principal Engineer $85/hr
Engine Technician $82/hr
Operations Technician $45/hr
Electrical Engineer $90/hr
Electrical signer $8 /hr
Construction Manager $70/hr
Drafter $45/hr
Environmental Technician /hr
Construction laborer $ y/hr
Mileage $0.3S/ml.
D-Slze Plots (Mono) $18.00 e
ach
D-Size Plots (Color) $32.00 eah
Drawing Bluellnes $7.5{? each