HomeMy WebLinkAboutContracts & Agreements_81-2012_CCv0001.pdf AGREEMENT TO PERFORM SURVEY WORK FOR
VARIOUS CITY OF REDLANDS WELL SITES
This agreement for surveying services for the City of Redlands' "Topographical and
Elevation Surveys for 13 City Well Sites Project" located at various locations -within the City of
Redlands' water service area ("Agreement") is made and entered into this 5th day of June, 2012
('Effective Date"), by and between the City of Redlands, a municipal corporation ("City") and
CALVADA Surveying,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:
AIC11CI-E 1 - ENGAGEMENT OF CONSULTANT
1.1 City hereby engages Consultant to perform professional engineering survey services for
City's "Topographical and Elevation Surveys for 13 City Well Sites Project" located at
various locations within City's water service area (the "Services").
12 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
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Services to City at a level of competency presently maintained by other practicing
professional consultants in the industry providing like and similarp es of Services.
AR71'ICLE21 - 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.
222 Consultant shall comply with 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 prevailing wage laws.
ARTICLE 3 - RESPONSIBILITIES 0FCITY
3.1 City shall make available to Consultant information in its possession that may assist
Consultant in performing the Services.
32 City designates Mr. Chris Diggs as the (try's representative with respect to performance
of the Services, and such person shall have the authority to transmit instructions, receive
information,interpret and define (,try's policies and decisions with respect to
performance of the Services.
AWFICLE 4 - PERFOWMANCE OFSERVICES
4.1 Consultant shall complete the Services within thirty, (30) calendar days from and after the
date of the City's issuance to Consultant of the Notice to Proceed.
AR717ICLF 5 - PAY--NIENTSTO CONSULEANT
5.1 The total compensation for Consultant's performance of the Services shall be Four
Thousand Three Hundred Seventy Dollars (S4,3/0.00).
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5.2 City shall pay Consultant no later than thirty (30) days after receipt and approval by City of
Consultant's invoice.
5.3 All notices shall be given in writing by personal delivery or by mail. Notices sent by mail
should be addressed as follows:
C4 Consultant
Chris Diggs Armando DuPont
Municipal Utilities and Engineering Dept. CALVADA Surveying, Inc.
City of Redlands 411 Jenks Circle, Suite 205
35 Cajon Street, Suite 15A Corona, CA 92880
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 5.3.
ARTICLE 6 - INSURANCE AND INDEMNIFICATION
6.1 Insurance required by this Agreement shall be maintained by Consultant for the duration
of its performance of the Services. Consultant shall not perform any Sere-ices unless and
until 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. Insurance policies shall include a provision prohibiting
cancellation or modification of the policy except upon thirty (30) days'prior written
notice to City, except for ten (10) days notice for cancellation due to non-payment of
premium.
6.2 Consultant shall secure and maintain Workers' Compensation and Employer's Liability,
insurance throughout the duration of its performance of the Services in accordance with
the laws of the State of California, with an insurance carrier acceptable to City as
described in Exhibit "B," entitled "Workers' Compensation Insurance Certification,"
which is attached hereto and incorporated herein by this reference.
6.3 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 and negligent act, omission or failure to act by Consultant, its officers, employees and
agents in performing the Services,
6.4 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 hability, property damage and personal injury is
required. Citi- shall be named as an additional insured and the insurance policy shall
include a provision prohibiting modification of coverage limits or cancellation of the
policy except upon thirty, (30) days prior written notice to City. Such insurance shall be
primary and non-contributing to any insurance or self-insurance maintained by City.
Certificates of insurance shall be delivered to City prior to commencement of the
Services.
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6.5 Consultant shall secure and maintain professional liability insurance throughout the term of
this Agreement in the amount of One Million Dollars ($1,000,000) per claim made.
Certificates of insurance shall be delivered to City prior to commencement of the services.
6.6 Consultant shall have business auto liability coverage,with minimum limits of One
lliillon 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 Serv=ices,hired and non-
owned vehicles, and employee non-ownership vehicles. City shall be named as an
additional insured and a certificate of insurance and endorsement shall be delivered to
City prior to commencement of the services. Such insurance shall be primary and non-
contributing to any, insurance or self insurance maintained by City.
AWFICLL i - CONFZ.IC`I,S OF INTEREST
7.1 Consultant covenants and 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 property or investment that 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.
1.2 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 of any City 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 Cite-permits,licenses,
applications, certifications, approvals, orders or similar authorizations or entitlements;
(iii) authorizing City to enter into, modifi=or renew a contract;
(iv) granting City approval to a contract that requires City approval and to which
Cita is a parte, or to the specifications for such a contract;
(v) granting Cite approval to a plan, design, report, study or similar item;
(x-i)adopting, or granting Cite 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 the same
duties for City that would otherwise be performed by an individual holding a position
specified in Pity's Conflict of Interest Code under Government Code section 81302.
7.3 In the event City officially determines that Consultant must disclose its financial interests
by completing and filing a Fair Political Practices Commission Form 100, Statement of
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Economic Interests. Consultant shall file the subject Form 7()() ' the City Clerk's
with
office pursuant to the written instructions provided by the Office of 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, in addition to any costs and
other relief, be entitled to the recovery of its reasonable attorneys fees, *including fees for
the use of M' -house counsel by a Party.
8.2 Consultant shall not assign any of the Services, except I'Vitli the prior written approval of
City and in strict compliance with the terms, and conditions of this Agreement.
8.3 Project related documents, records, drawings, designs, cost estimates, electronic data
files,databases and any 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 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, shall be at Citv's sole risk,
8.4 Consultant is for all purposes under this Agreement an independent contractor and shall
perform the Services as an independent contractor. Neither City nor its agents shall have
control over the conduct of Consultant or Consultant's employees,except as herein set
forth. Consultant shall supply 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 or implied, 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.
8.5 Unless earlier terminated as provided for below, this Agreement shall terminate upon
completion and acceptance of the Services by Citv.
A. 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 Citv's intent to terminate,
B. 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.
C. Upon receipt of a termination notice, Consultant shall immediately discontinue its
provision of the Services and,within five (5) days of the date of the termination nonce,
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 for Services completed up to the date of termination.
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8.6 Consultant shall maintain books, ledgers,invoices, accounts and other records and
documents evidencing costs and expenses related to the Services for a period of three (3)
vears, or for anv 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.
8.7 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,
an amendment to this Agreement shall be in writing, approved by City and signed by
Cita and Consultant.
8.8 This Agreement shall be governed by and construed in accordance with the laws of the
State of California.
8.9 If one or more of the sentences, clauses, paragraphs or sections contained in this
Agreement is declared invalid,void or unenforceable bit a court of competent
jurisdiction, the same shall be deemed severable from the remainder of this Agreement
and shall not affect,impair or invalidate the remaining sentences, clauses,paragraphs or
sections contained herein,unless to do so would deprive a Pam 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.
CYIN OF REDI--kNDS CALVADA SUY� o14('V-IKG, C.
Bv- B 5y:
Tina Kundig, Finance Director
r",4-QArmando DuPont,P esident
Attest:
Sam Irwin, City Clerk
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EXHIBIT "A"
SCOPE OF WORK
The following is a list of the scope of work:
1. Set and tie two control points per well. Set'l'BM's at each site.
2. Tie each site to two centerline monuments of record.
3. Topo all 13 wells.
4. Process topo and convert to AutoCAD 2009 or newer format.
5. Prox ide research for each individual site.
Sites to be surveyed:
1. Bryn Mawr No. 4
2. Hog Canyon No. 2
3. Magnet No. 2
4. Menton Acres No. 2
5. North Orange No. 2
6. Redlands Heights
C?
7. Well No. 12
8. Well No.31-A
9. Well No. 34
10.Well No. 35
11.Well No. 36
12.Well No. 41
13.Madeira Well
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EXHIBIT "B"
WORKERS' COMPENSATION INSURANCE CERTIFICATION
Project: Topographical and Elevation Surveys for 13 City Well Sites:
Every, employer except the State,shall secure the payment of compensation in one or more of the
following ways:
(a) By being insured against liability to pay compensation in one or more insurer 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.
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 in accordance
with the provisions of that Code, and I will comply-vvith such provisions before commencing the
performance of the work of this Agreement. {Labor Code
X1861).
CALVAD::A Sure-eying, I c. Date:
By:
Armando 64nt. kesident
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