HomeMy WebLinkAboutContracts & Agreements_198-2021AGREEMENT TO PERFORM PROFESSIONAL SERVICES
This agreement for the provision of field survey and, survey mapping/improvement plan
review services ("Agreement") is made and entered in this 19th day of October, 2021 ("Effective
Date"), by and between the City of Redlands, a municipal corporation ("City") and CASC
Engineering and Consulting, Inc., a California corporation ("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
11 City hereby engages Consultant to provide field survey and survey mapping/
improvement 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 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 Services that Consultant shall perform are more particularly described in Exhibit
"A," titled "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 in
the performance of this Agreement including, but not limited to, any applicable State
prevailing wage laws
ARTICLE 3 — RESPONSIBILITIES OF CITY
3 1 City designates John R. Harris, Municipal Utilities and Engineering Department 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 "on -call," in a prompt and diligent
manner
4.2 The term of this Agreement shall be for a period of two (2) years commencing as of its
Effective Date, and terminating on October 19, 2023, unless terminated earlier as
provided for herein.
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4.3 If Consultant's Services include deliverable electronic visual presentation materials, such
materials shall be delivered in a form, and made available to 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 Total compensation for Consultant's performance of the Services shall not exceed the
amount of Seventy Five Thousand Dollars ($75,000) City shall pay Consultant on a time
and materials basis up to the not to exceed amount in accordance with Exhibit "B," titled
"Hourly Rate Schedule," which is 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 in writing. Any such notice shall be deemed delivered (i) on the date
of delivery in person, (ii) five (5) days after deposit in first class registered mail, with
return receipt requested, (iii) on the actual delivery date if deposited with an overnight
courier, or (iv) on the date sent by facsimile or electronic mail transmission (including
PDF), if confirmed with a copy sent contemporaneously by first class, certified,
registered or express mail, in each case properly posted and fully 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 0 Box 3005 (mailing)
Redlands, CA 92373
jdonaldson@cityofredlands.org
Phone (909) 798-7531
CONSULTANT.
Richard J Sidor, President/CEO
CASC Engineering and Consulting, Inc.
1470 E Cooley Drive
Colton, CA 92324
r_sidor@cascin.com
Phone (909) 783-0101
Fax. (909) 783-0108
ARTICLE 6 — INSURANCE AND INDEMNIFICATION
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 prior to commencement of the Services Insurance policies
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shall include a provision prohibiting cancellation or modification of the policy except
upon thirty (30) days prior written notice to City
A. Workers' Compensation and Employer's Liability insurance in the amount that meets
statutory requirements with an insurance carrier acceptable to City, 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 Exhibit "C,"
titled "Workers' Compensation Insurance Certification," which is attached hereto and
incorporated herein by this reference, prior to performance of the Services.
B Comprehensive General Liability insurance with carriers acceptable to City in the
minimum 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 in 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 or subcontracting any of the
Services without the prior written consent of City In the event of mutual agreement
by the Parties to assign or subcontract a portion of the Services, Consultant shall add
such assignee or subcontractor as an additional insured to the insurance policies
required hereby and provide City with the insurance endorsements 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,
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 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 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.
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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;
(ii) 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 or 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, with the City 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, 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 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, result 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 nor any its agents shall
have control over the conduct of Consultant or Consultant's employees, except as herein
set 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
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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 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, 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. 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 notice, 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.
8.5 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)
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 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, without regard to its conflicts of laws provisions The Parties agree
that all actions or proceedings arising in connection with this Agreement shall be tried
and litigated only in the state courts located in San Bernardino County, California, and
the federal courts located in Riverside County, California.
8.8 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 the remaining sentences, clauses, paragraphs or
sections contained herein, unless to do so would deprive a Party of a material benefit of
its bargain under this Agreement.
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IN WITNESS WHEREOF, duly authorized representatives of City and Consultant have
signed in confirmation of this Agreement
CITY OF BLBbANDS
By
Paul T Barich, Mayor
ATTEST
e Donaldson, City Clerk
CASC ENGINEERING AND
CONSULTING, INC
By.
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Rich
or, President/CEO
EXHIBIT "A"
SCOPE OF SERVICES
The following Scope of Work details the tasks that the Consultant shall complete with respect to
providing the Services.
Task 1— Field Survey Services for Capital Improvement Projects
• Topographic survey work — Perform field topographic surveying based on alignment of
infrastructure or any project area defined by the City In addition to topographic data, the
survey should also include the location of all other elements usual and customary for a
topographic survey including, but not limited to, monumentation and property lines,
trees, vegetation, utilities, structures, water courses, fences, driveways, roadways, signs,
sidewalks, lights, power poles, drainage structures, and all other visible site
improvements,
• Sufficient elevations to develop 1-foot contours,
• Record data boundary lines of the site, verifying that they are consistent with the current
assessor's parcel maps, and
• Data shall be delivered to the City in AutoCAD format in latest edition.
Task 2 — Survey Mapping/Improvement Plan Review Services
• Review of maps, easements and other survey documents for technical accuracy and
compliance with generally accepted standards of surveying methodology;
• Provide pick-up from, and delivery to, the City of Redlands Municipal Utilities and
Engineering office of plans and documents to be reviewed,
• Perform all review services and return plans or documents within 10 calendar days of
notification by the City that plans or documents are available for pick-up,
• Sign and stamp all surveying by a Surveyor licensed to practice surveying in the State of
California or by a civil engineer registered in the State of California prior to 1982 that is
licensed to sign and stamp survey documents that require signature with said signatory
functioning as the Surveyor for the City of Redlands on documents that require a City
Surveyor;
• Provide map review comments to the City, along with a comment set to be returned to the
submitting engineer/surveyor;
• Answer miscellaneous technical questions from City staff concerning surveying,
mapping, legal descriptions, deeds and Right -of -Way documentation, and
• Review of engineering plans and drawings for technical accuracy and compliance with
generally accepted standards of engineering design on an as needed basis to supplement
Staff review Review of engineering plans will only be a minor portion of this aspect of
the agreement and is intended as a supplement City staff.
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EXHIBIT "B"
HOURLY RATE SCHEDULE
Effective through December 31, 2023
Civil and Environmental Eneirtaarine/Consuhing Landscape Architectures
President/Principal Engineer 5260 Licensed Landscape Architect $170
Sr. Director 5230 Senior Landscape Designer 5145
Director 5215 Associate Landscape Designer 5122
Program Manager/ Technical Specialist 5205 Assistant Landscape Designer 5103
Senior Project Manager/ Senior Engineer IV/Senior Scientist IV 5190
Project Manager III/Senior Engineer III/ Senior Scientist III S17S Construction Management
Project Manager II/Senior Engineer II/ Senior Scientist II 5165 Resident Engineer 5160
Project Manager 1/Senior Engineer I/Senior Scientist I 5160 Field Inspector 111 5135
Assistant Project Manager/ Senior Environmental Analyst 5155 Field Inspector II 5120
Project Engineer/ Environmental Analyst Ili/ Scientist 111 5150 Field Inspector I 5110
Senior Designer II/ Environmental Analyst II/Scientist II 5145
Senior Designer 1 /Environmental Analyst I/ Scientist 1 5140 Stnveyine and Mapping
Design Engineer II 5130 Licensed Surveyor/Director 5205
Design Engineer I $123 Senior Survey Project Manager 5170
Designer 11/ Staff Analyst 11 5118 Senior Survey Analyst 5145
Designer l/ Staff Analyst I 5113 Senior Calculator 5140
CADD Drafter/Project Analyst III 599 Cakulator II $123
Staff Assistant II/Project Analyst 11 593 Calculator 1 5113
Staff Assistant I/Project Analyst 1 $88 Survey Analyst II 5103
Survey Analyst! $93
Planning and Environmental Technical Aide 588
Planning Director 5205
Senior Project Manager $177 Field Survey Crews
Senior Biologist $170 Three Person Survey/GPS Crew 5255
Project Manager 11 5165 Two Person Survey/GPS Crew 5219
Project Manager I 5160 One Person Survey/GPS Crew 5205
Senior Planner II/Biologist II $135
Senior Planner I/Biologist 1 5123
Associate Planner 11/GIS Specialist II 5113
Associate Planner 1/G1S Specialist I 5103
Construction Monitor $91-113
Clerical
Project Coordinator/Clerical 111 $92
Project Coordinator/Clerical II 587
Project Coordinator/Clerical 1 582
REIMBURSABLE EXPENSES.
The following expenses will be billed at cost plus 15% unless otherwise noted.
Outside Services: Includes fees paid to sub -consultants, consultants, analytical laboratories and other providers of services required for execution of the project
Permits Applications, and Fees: Includes fees for Notices of Intent (N01), Notices of Termination (NOT) application fees, submittal fees, permit fees and other fees required as part of the
project and not paid directly by Client.
Reproduction Services. Includes blueprinting, copying, printing and plotting. In-house plots will be billed at $6.00 per sheet for each client set and for a final in-house review set. B&W /
Color copies: 50.08 / $0.90 for 8.5 X 11 and $0.20 / 51.20 for 11 X 17
Rental Fees: Includes rental fees paid by the firm, Including required vehicles equipment and tools required to complete the work.
Commercial Delivery Services. Including Express Mail Federal Express, UPS and Independent courier services.
In -House Pick -Up and Delivery Services. When provided by the firm these services will be billed at $50.00 per hour plus current IRS mileage reimbursement rates per mile round trip, with
no additional markup.
Travel Expenses: Includes travel expenses incidental to performance of the work, including airfare parking, tolls, taxi, lodging, and etc Vehicle mileage will be billed at a rate of current IRS
mileage reimbursement rate per mile with no additional markup. Travel time for professional and administrative staff will be billed per the hourly fee rate schedule with no additional
markup and survey crews will be billed at $60 per hour. pert-mon crew.
Per Diem. Per diem for meals for overnight stays will be billed at Caltrans current state rates
NOTES.
Prevailing Wage: Projects and/or portions thereof designated by Client to be subject to Prevailing Wage shall be billed at the regular staff rate or the Prevailing Wage rate whichever is
higher plus a multiplier of approximately 2.3 to 2.8 for overhead and profit The Prevailing Wage rate shall be based upon the Wage Rate Determination issued by California's Director of
Industrial Relations for the locality and employee classification at the time the work is performed Please contact CASC for specific project prevailing wage rates.
Waiver of Subrogation: When a Waiver of Subrogation for Workman's Compensation Insurance is required by the Client the Client will be required to pay the additional insurance
premium The approximate amount for the waiver is $250 per year
Litigation Support and Expert Witness shall be at 2.0 times the above noted hourly rates.
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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 being insured against liability to pay compensation by 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 in 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 in any manner such that I become subject to the
workers' compensation laws of California. However, at any time, if I 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.
CASC ENGINEERING A CONSULTING, INC
By.
Richar. ' President/CEO
Date
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