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HomeMy WebLinkAboutContracts & Agreements_197-2021AGREEMENT 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 19t1' day of October, 2021 ("Effective Date"), by and between the City of Redlands, a municipal corporation and general law city ("City") and Hicks & Hartwick, 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. 1 L:\ca\djm\Agreements\Hicks & Hartwick Agreement.PS1 1.FY21-0035.doc.jn 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. Matthew C Hicks, President Hicks & Hartwick, Inc. 37 East Olive Avenue, Suite C Redlands, CA 92373 matt@verycivil.com Phone (909) 793-2257 Fax. N/A 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 2 L:\ca\djm\Agreements\Hicks & Hartwick Agreement.Ps1 1.FY21-0035.doc jn 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. 3 L:\ca\djm\Agreements\Hicks & Hartwick Agreement.PS1 1.FY21-0035.doc.jn 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 4 L:\ca\djm\Agreements\Hicks & Hartwick Agreement.PS1 1.FY21-0035.doc.jn 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. 5 L:\ca\djm\Agreements\Hicks & Hartwick Agreement.PS1 1.FY21-0035.doc jn IN WITNESS WHEREOF, duly authorized representatives of City and Consultant have signed in confirmation of this Agreement CITY D NDS Paul T Barich, Mayor ATTEST ne Donaldson, City Clerk HICKS & HART By 6 L \ca\djm\Agreements \Hicks & Hartwick Agreement.PS 1 1.FY21 0035.doc jn Matthe C Hicks, President 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. 7 L.\ca\djm\Agreements\Hicks & Hartwick Agreement.FS 1 1.FY21-0035.doc.jn EXHIBIT "B" HOURLY RATE SCHEDULE Effective through December 31, 2023 OFFICE PERSONNEL Si Hr. Project Manager $205.00 Senior Engineer 180.00 Engineer 165 00 Designer 115 00 Assistant Engineer 100.00 CADD Technician. 85 00 Office Support/ Clerical 70.00 SURVEY PERSONNEL (PREVAILING WAGE) 2-Person Survey Crew 1-Person Survey Crew Licensed Surveyor 8 L:\ca\djin\Agreements\IIicks& Hartwiek Agreement.P S 1 1.FY2 1 -0035.doc.jn $245.00 190.00 200.00 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) (b) CHECK ONE By being msured against liability to pay compensation by one or more insurers duly authorized to write compensation insurance in this State 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 V 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 mannei 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 Cahforma, 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 HICKS & • • J ICK By atthe C Hicks, President 9 L \ca\djm\Agreements\Hicks & Hartwick Agreement.PS1 1 FY2I 0035.doc.jn Date /f7— / l — 2 )