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HomeMy WebLinkAboutContracts & Agreements_19A-2022AGREEMENT TO PERFORM TEMPORARY SPECIAL PROFESSIONAL SERVICES This agreement for the provision of temporary Building and Safety Official services ("Agreement") is made and entered in this 14th day of February, 2022 ("Effective Date"), by and between the City of Redlands, a municipal corporation and general law city ("City") and Willdan Engineering, 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 1 1 Pursuant to the authority of Government Code section 37103, City hereby engages Consultant to provide temporary special professional services that are customarily performed by the City's Building and Safety Building Official (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. 1 3 The term of this Agreement shall commence on February 15, 2022, and terminate on June 30, 2022, unless the Services are terminated earlier as provided for herein. 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 this 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. 2.3 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 3 — RESPONSIBILITIES OF CITY 3 1 City designates Brian Desatnik, Development 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. 1 L.\ca\djm\Agreements\Willdan Engineering Agreement,PS-1 1,FY21-0077.doc.jn n___JlsfI1--1A/1JALnest's __/I —AID A A/1f/1fn_,nLAL_ ARTICLE 4 — PAYMENTS TO CONSULTANT 4 1 Total compensation for Consultant's performance of the Services shall not exceed twenty nine thousand five hundred dollars ($29,500) City shall pay Consultant on a time and material basis in accordance with Exhibit "B," titled "Compensation," which is attached hereto and incorporated herein by this reference 4.2 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, and the number of hours spent and by whom. City shall pay Consultant no later than thirty (30) days after receipt and approval by City of Consultant's invoice 4 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. Brian Desatnik, Director Development Services Director City of Redlands 35 Cajon Street, Suite 20 P 0 Box 3005 (mailing) Redlands, CA 92373 bdesatnik@cityofredlands.org CONSULTANT. Patrick Johnson, Director Building and Safety Willdan Engineering 650 E Hospitality Lane, Suite 400 San Bernardino, CA 92408 pjohnson@willdan.com ARTICLE 5 — INSURANCE AND INDEMNIFICATION 5 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 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," 2 L\ca\djm\Agreements\Willdan Engineering Agreement,PS-1 1.FY21-0077,doc.jn nnn_n__-1nnn-/nn-1n1-nnn__n_n rn nnnnnn,n/.-ns_ 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 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 D 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 habihty 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 E 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 5.2 Consultant shall defend, indemnify, and hold harmless City and its elected and appointed 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 6 — CONFLICTS OF INTEREST 6 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. 6.2 Consultant acknowledges and agrees it is a designated employee within the meaning of the Political Reform Act and City's Conflict of Interest Code because Consultant: 3 L:\ca\djm\Agreements\Willdan Engineering Agreement.PS-1 1.FY21-0077.doc,jn n__ ire. /.nnn-n.._rinnn7 An JAI-nnn__n_ nr_ a nnnnnn-inLnr_, A. May make a governmental decision whether to (i) issue, deny, suspend or revoke any City permit, license, application, certification, approval, order or similar authorization or entitlement; (ii) grant City approval to a plan, design, report, study or similar item, and/or (iii) adopt, or grant City approval of, policies, standards or guidelines for City or for any subdivision thereof; and B Serves in a staff capacity with City and, in that capacity, participates in making governmental decisions or otherwise performs the same, or substantially the same, duties for City that would otherwise be performed by the individual holding the position of City's Building and Safety Official as specified in City's Conflict of Interest Code under Government Code section 87302 6 3 Consultant must disclose its financial interests and 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 prior to commencement of the Services. 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 the use of in-house counsel by a Party 7.2 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. 7.3 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 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. 7 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 4 L\ca\djm\Agreements\Willdan Engineering Agreement.PS-1 1,FY21-0077,doc.jn n_.- in/..rfl1-.(1__J/•n/1-/A/,.1AI.(IAA __/1_A f' A A/1/1ll/l,1,(1L.AL.. 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. 7 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. 7 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. 7 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. 7 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\Willdan Engineering Agreement.PS-1 1.FY21-0077.doc.jn n__ 11, A/1J4Lnn!1__n_A IT A AO1/111n,.7nL111_ IN WITNESS WHEREOF, duly authorized representatives of City and Consultant have signed in confirmation of this Agreement CITY OF REDLANDS By(t4u aih ' iit- Janice McConnell, Assistant City Manager 7w 6c I tr 0( aty ✓i let.r� ATTEST Donaldson, City Clerk WILLDAN ENGINEERING By Patrick Johnson, Director of Building &Manager Safety / ettAiei 0%LILJO/L 6 L \ca\djm\Agreements\Willdan Engmeenng Agreement.PS 1 1 FY21 0077 doc.jn EXHIBIT "A" SCOPE OF SERVICES BUILDING OFFICIAL SERVICES The Consultants proposed Building Official will oversee all plan checking, building inspections and permit counter technician services, and will act as the City's representative on building - related matters. He/she will be scheduled on -site as determined by the City and will be available by phone and email during regular City Hall business hours as well as emergency on -call 24 hours • Function as the Building Official as set forth in the California Building Code, in other City adopted building codes, ordinance Municipal Code, and as specified in Federal and State law • Issue Certificates of Use and Occupancy for building and structures • Assist in the coordination and oversight of the building permit, building inspection, building counter, and building code enforcement services so that they function as one building and safety organization. • Maintain, amend and develop ordinances and regulations necessary to implement and enforce the latest editions of the California Building Code, including any and all related Codes, or other uniform safety codes, laws, or regulations as adopted or amended by the City deemed necessary by the City to protect the health safety and welfare of its citizens • Prepare building and safety code violation cases for submittal to the City Attorney's office when prosecution action is necessary to obtain compliance with existing codes and regulations • Quality control review of building inspections. • Resolution of resident inquiries and complaints. • Make determination on the approval and use of alternative materials and methods of construction. • Assist in the administration and processing of complex Building Code issues and dispute resolution, including making final interpretations concerning the application of building and safety codes • Review discretionary applications for preliminary compliance with construction codes • Provide training for City staff in sustainable building and Green building. • Review and update the Building/Safety Procedures Manual. 7 L:\ca\djm\Agreements\Willdan Engineering Agreement.PS-1 1.FY21-0077.doc.jn n__ in. nnn_n__rnn"-AAJAL,nnn__n_4r AAnnnnn7nLnr_ • Create Building hand-outs and training materials as requested. • Provide Analysis and fee schedule amendments as needed. • Monthly Reporting of Building and Safety Activities as well as reports required for fee collection and other reports required by the State of California or other government agencies • Prepare Planning Commission & City Council staff reports related to Building & Safety items (as needed) • Periodic attendance at Planning Commission and City Council meetings (as needed) • Provide emergency and after-hours inspection and reports of damaged properties or structures. • Meet with developers, homeowners, business owners, architects, engineers, and the general public at the City or in the field, as the need dictates, to resolve grievance and/or respond to questions and ensure timely project processing in compliance with Federal, State and City laws and ordinances 8 L:\ca\djm\Agreements\Willdan Engineering Agreement.PS-1 1,FY21-0077.doc.jn n ,._ in pAn_A__JDAA7AAJdVAAA__A-ArA A AAAAA'fAL AL_ SERVICE PROVIDED Building Official EXHIBIT "B" COMPENSATION Total Compensation. HOURLY RATE $135/hour $29,500 9 L.\ca\djm\Agreements\Willdan Engineering Agreement.PS-1 1.FY21-0077.doc.jn �__in.nnn_n__Jnnn-fnn-1e _n_n r_ n n nnnnnvni-ns_ 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 1n 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. WILLDAN ENGINEERING By / GGG� Ci . 0/14JO/t Patrick Johnson, Director of Building & Safety Date 02 / 14 / 2022 10 L:\ca\djm\Agreements\Willdan Engineering Agreement.PS-1 1,FY21-0077,doc.jn n__ rAAnnnnn-1fLnc_ HELLOSIGN Audit Trail TITLE FILE NAME DOCUMENT ID AUDIT TRAIL DATE FORMAT STATUS Document History SENT VIEWED 02 / 14 / 2022 16 43 22 UTC 02 / 14 / 2022 17 25 48 UTC 02 / 14 / 2022 SIGNED 17 32 46 UTC G COMPLETED 02 / 14 / 2022 17 32 46 UTC Powered by V HELLOSIGN Building Official Services Contract Willdan Engineers 1 1 FY21-0077 pdf 638a8cad690749d1b890aa2a15442008378b0fe3 MM/DD/YYYY Signed Sent for signature to Patrick Johnson (pjohnson@willdan com) from dsd01@cityofredlands org IP 47 181 153 216 Viewed by Patrick Johnson (pjohnson@willdan com) IP 119 13 206 124 Signed by Patrick Johnson (pjohnson@willdan com) IP 137 83 224 213 The document has been completed