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HomeMy WebLinkAboutContracts & Agreements_75-2001PROFESSIONAL SERVICE CONTRACT CITY OF Redlands FOR PLAN CHECK AND INSPECTION SERVICES This contract is entered into this 1st day of May, 2001, and is made by and between the City of Redlands, a municipal corporation, whose address is 35 Cajon Street, Redlands CA 92373 (hereinafter "CITY"), and BERRYMAN & HENIGAR, INC. whose address is 2001 East First Street, Santa Ana, California, 92705 (hereinafter "CONSULTANT"). RECITALS A. CITY has been appointed CBO by the California Energy Commission for the Mountainview Power Project and desires to retain the services of CONSULTANT to provide Plan Check, "as needed" inspections and other duties related to the Mountainview Power Project within the City of Redlands for compliance with CITY and State Building Code and other Code requirements, and the California Energy Commission Conditions of Certification. B. CONSULTANT is a qualified professional capable of providing these services in accordance with the requirements of the California Energy Commission. N:\CONTRACTS\REDLANDS\REDLAND SERVICE AGREEMENT04.DOC 1 NOW, THEREFORE, inconsideration of mutual promises contained herein, CITY and CONSULTANT, agree as follows: AGREEMENT 1. Description of Services. CONSULTANT shall provide the following services to CITY: a. Provide plan check services to include the review of engineering plans, calculations, specifications and other documentation to ensure compliance with the CITY and State Building Codes (including Electrical, Mechanical and Plumbing) requirements and California Energy Commission's Conditions of Certification. Services shall be provided within the schedule agreed to herein by CITY and CONSULTANT, and CONSULTANT understands that time is of the essence in the performance of this work and warrants that it has the staff available to respond within the time required. b. Provide inspection services, including special inspection services during construction of the project for compliance with applicable State and City Codes, and California Energy Commission Conditions of Certification. Consultant may also be required to provide inspection services for pipeline and other on -site and off -site improvements. CONSULTANT understands that staff may need to be assigned to the project on a full time basis during certain phases of construction. N;\CONTRACTS\REDLANDS\REDLAND SERVICE AGREEMENTO4.DOC 2 c. Maintain information on the status of project submittals which shall be accessible twenty four hours, seven days a week, (24/7) using CONSULTANT's software which shall be maintained on CONSULTANT's website. d. Provide other services as may be required by CITY. 2. Project Staff. No change to the project staff listed in Exhibit A shall be made without prior approval of CITY. If any change of personnel is required, CONSULTANT shall submit the qualifications and experience of the proposed project staff member to CITY for review and approval. The replacement personnel shall not start work on the project until approved by CITY. 3. Schedule and Term. Consultant shall commence work under this contract on May 5, 2001 and shall complete its services on August 1, 2003, unless Consultant's services are otherwise terminated pursuant to paragraph 6 hereof. 4. Compensation. CONSULTANT shall be paid based upon time -and - materials at the rates set forth in Exhibit B, attached hereto. 5. Payment Schedule. CITY shall make payments to CONSULTANT within thirty (30) days of CITY approval of CONSULTANT'S billing statements. N;\CONTRACTS\REDLANDS\REDLAND SERVICE AGREEMENT04.DOC 3 6. Termination. CITY may terminate this Contract, without cause at any time, by providing fifteen (15) days advance written notice to CONSULTANT. 7. Nondiscrimination. CONSULTANT shall afford equal employment opportunities for all persons without discrimination because of race, color, religion, sex, sexual orientation, political affiliation, national origin, ancestry, age, marital status, or physical or mental disability. 8. Independent Contractor. It is agreed that CONSULTANT is an independent contractor, and all persons working for or under the direction of CONSULTANT are CONSULTANT's agents, servants and employees, and such persons shall not be deemed employees of CITY. 9. Applicable Laws and Attorney's Fees. This contract shall be construed and enforced pursuant to the laws of the State of California. Should any legal action be brought by a party for breach of this contract or to enforce any provision hereof, the prevailing party of such action shall be entitled to reasonable attorney's fees, court costs, and such other costs as may be fixed by the court. Reasonable attorneys' fees of the City Attorney's Office, if private counsel is not used, shall be based on comparable fees of private attorneys practicing in San Bernardino County. N:\CONTRACTS\REDLANDS\REDLAND SERVICE AGREEMENT04.DOC 4 10. Insurance. Commercial General Liability / Automobile Liability Insurance: a. CONSULTANT shall obtain Commercial General Liability insurance and Automobile Liability insurance in the amount of One Million Dollars ($1,000,000) per occurrence. If a general aggregate limit is used, either the general aggregate limit shall apply separately to this contract or the general aggregate limit shall be twice the required occurrence limit. CONSULTANT's insurance coverage shall be written on an occurrence basis. b. Workers' Compensation Insurance: CONSULTANT shall obtain statutory Workers' Compensation insurance and Employer's Liability insurance in the amount of One Million Dollars ($1,000,000) per accident. c. Professional Liability Insurance: CONSULTANT shall obtain Professional Liability insurance in the amount of One Million Dollars ($1,000,000.00) per claim. N:\CONTRACTS\REDLANDS\REDLAND SERVICE AGREEMENT04.DOC 5 d. Acceptability of Insurers: Insurance is to be placed with insurers with a current Best Rating of A:VII unless otherwise acceptable to CITY. e. Verification of Coverage: Insurance, deductibles or self-insurance retention shall be subject to CITY's approval. Original Certificates of Insurance with endorsements shall be received and approved by CITY before work commences, and insurance must be in effect for the duration of the contract. The absence of insurance or a reduction of stated limits shall cause all work on the project to cease. Any delays shall not increase costs to CITY or increase the duration of the project. f. Other Insurance Provisions: (1) The CITY's elected officials, officers, employees and volunteers shall be covered as additional insured by Endorsement CG 20 10 11 85 for commercial General and Automobile Liability coverage. (2) For any claims related to this project, CONSULTANT's insurance coverage shall be primary with respect to CITY and any insurance or self- insurance maintained by CITY, its officers, officials, employees and volunteers shall not contribute to it. (3) Each insurance policy required shall be endorsed that a thirty (30) day notice be given to CITY in the event of cancellation or modification to the stipulated insurance coverage. N:\CONTRACTS\REDLANDS\REDLAND SERVICE AGREEMENT04.DOC 6 (4) In the event CONSULTANT employs subcontractors as part of the work covered by this contract, it shall be the responsibility of CONSULTANT to ensure that all subcontractors comply with the same insurance requirements that are stated in this contract. 11. Hold Harmless. CONSULTANT shall indemnify, defend and hold CITY, its elected officials, officers, agents and employees harmless from and against any liability for damage or claims for damage for personal injury, including death and / or property damage, caused by negligent acts, errors or omissions in the performance of professional services under this contract by CONSULTANT or CONSULTANT's contractors, subcontractors, agents or employees' operations under this contract. CITY shall cooperate reasonably in the defense of any action, and CONSULTANT shall employ competent counsel, reasonably acceptable to the City Attorney. 12. Reliance Upon Professional Skill. CITY is relying upon the professional skill of CONSULTANT, and CONSULTANT represents to CITY that its work shall conform to generally recognized professional standards in the industry. Acceptance of CONSULTANT's work by CITY does not operate to release CONSULTANT of its representations. 13. Amendment. This contract may be amended by written instrument signed by both parties. N:\CONTRACTS\REDLANDS\REDLAND SERVICE AGREEMENTO4.DOC 7 14. Inconsistent Terms. If the attachments or exhibits to this contract, if any, are inconsistent with this contract, this contract shall control. 15. Entire Contract. This contract contains the entire understanding between the parties with respect to the subject matter herein. There are no representations, agreements or understandings (whether oral or written) between or among the parties relating to the subject matter of this contract which are not fully expressed herein. 16. Notices. Any notice required to be given to CONSULTANT shall be deemed to be duly and properly given if mailed to CONSULTANT, postage prepaid addressed to: K. Dennis Klingelhofer, P.E. Senior Vice President Berryman & Henigar, Inc. 2001 East First Street Santa Ana, CA 92705-4020 or personally delivered to CONSULTANT at such address or at such other addresses as CONSULTANT may designate in writing to CITY. "CITY" CITY OF REDLANDS, A California General Law City and Municipal Corporation N:\CONTRACTS\REDLANDS\REDLAND SERVICE AGREEMENT04.DOC 8 ATTEST: Pat Gilbreath, Mayor "CONSULTANT": BERRYMAN & HENIGAR, INC. By: Senior Vice President Taxpayer Identification Number: 95-2936795 N:\CONTRACTS\REDLANDS\REDLAND SERVICE AGREEMENT04.DOC 9 Exhibit A - Project Staffing Dennis Klingehofer, PE - Principal-in-Charge/CEC Liaison Dennis is a Registered Engineer and brings more than 20 years of experience in the oversight and management of large, complex construction and design projects to this engagement. This has included serving as Project Manager for over $300 million dollars of new and retrofit construction work for the U.S. COE at the Aberdeen Proving Grounds and Fort Belvoir Research Center. As the CEC Liaison and Principal -In -Charge for this project he will provide single point of contact for CEC and our project team to provide an ongoing review of our efforts and to ensure that the correct resources available when needed to meet your schedule. He will also meet on a regular basis with the City's CBO to review our performance to ensure that we meet your expectations as your consultant on this project. Raimar Schuller, CBO - Project Manager Ray will be responsible for ensuring high quality service, thorough and expedited plan reviews, and detailed inspections. Having worked as a Chief Building Official for numerous Southern California cities as well as having served as an ICBO Director, Ray is uniquely familiar with the California's Building Safety Codes as well as Uniform National and International Construction Codes. Ray is extremely proficient in dealing with many different levels of administrative, technical, professional, and construction personnel involved in the building code enforcement process. Ray will direct staff to ensure timeliness for plan checks and rechecks and proper code compliance. He will facilitate that these plans are reviewed and processed to ensure compliance with all applicable codes, including State regulations and Federal mandates. Reggie Meigs, CBO - Specialty Plan Review Task Leader Reggie has 30 years of Building Official, plan review and inspection experience implementing Building Safety for Southern California Cities, recently holding positions as the Chief Building Official and Senior Building Inspector. He has implemented plan check automation systems for several municipalities, enlisting the support and cooperation of the City Engineer, Fire Marshall, and other key players. He has been a CALBO instructor for courses in the computerization of building departments, Disabled Access and Occupancy Groups. Reggie served as the Chief Building Official for the Cities of Riverside and Orange and possesses extensive coordination experience related to the plan review and inspection of power plants. Rocco Serrato, PE, CBO - Building/Structural Plan Review Task Leader Rocco offers more than 27 years of engineering plan review experience. He has designed and reviewed plans for energy structures for use in nuclear power plants, and has experience in all facets of building construction including directing construction and maintenance of a variety of structures and facilities. He also has in-depth experience N:\CONTRACTS\REDLANDS\REDLAND SERVICE AGREEMENT04.DOC 10 performing technical research and solving various engineering problems. His responsibilities have included plan checking for conformance to Uniform Building Code and municipal ordinances, performing computer stress analysis using finite element computer modes of complex mechanical and civil structures, and coordinating all operations for the erection of structures. Ed Chock, PE, SE, CBO - Building/Structural Plan Review Ed offers more than 28 years of public works building construction and plan review, regulations compliance, and facilities design experience. Having previously worked on the design team for Rockwell International, he was involved in the structural design and stabilizing supports for coal gasification plants. He has extensive plan checking experience including checking for the construction of various buildings, open parking garages and hotels for numerous Southern California municipalities. Carlos Clayton, ME - Mechanical Plan Review Carlos provides more than 16 years of plan review experience, specializing in mechanical systems. He has vast experience providing guidance and technical assistance to the public on engineering aspects of building laws and construction, and has designed computer programs and systems which involve the application of established engineering principles and engineering calculations in order to provide strategic logistical guidance to municipalities. Alex Orloff, EE - Electrical Plan Review Alex has more than 40 years of electrical engineering and plan review experience for numerous energy power plants. He has been responsible for designing power systems for various refineries and oil fields and has performed short circuit system studies, and protective relay coordination. Mike Elbanna, EE - Electrical Plan Review Mike has nearly 20 years of experience providing electrical design and plan review services. He has been responsible for the design of electrical systems for commercial, industrial, medical, institutional, telecommunication, and manufacturing projects. He has performed electrical plan checking for various building types. Bill Bixby, PE - Civil Plan Review Task Leader Bill has over 20 years of civil engineering and plan review experience. He has provided plan review services to over 20 agencies, responsible for the review of hydrology studies, hydraulic calculations, storm drain improvements, street improvements and grading plans to ensure that plans are in conformance with local standards, ordinances, codes and conditions of approval. An extensive amount of his time has focused on reviewing plans for large, complex industrial and commercial developments within the Inland Empire. N:\CONTRACTS\REDLANDS\REDLAND SERVICE AGREEMENTO4.DOC 11 Exhibit B - Compensation Berryman & Henigar, Inc. standard hourly rates are shown below: Team Member Hourly Rates K. Dennis Klingelhofer, Principal -In -Charge $165.00 Raimar Schuller, Project Manager 145.00 Reggie Meigs, Task Leader -Specialty Plan Review 135.00 Rocco Serrato, Task Leader-Building/Structural Review 145.00 Bill Bixby, Task Leader -Civil Plan Review 135.00 Plan Check Engineer (Licensed S,E., M.E. or E.E.) 130.00 Plan Check Engineer (Licensed P,E) 105.00 Plan Check Engineer Civil/Grading (Licensed P.E) 95.00 Certified Plans Examiner 85.00 Grading & Drainage (Site Plan Review) 95.00 Field Engineer (Licensed P.E.) 95.00 Senior Inspector 80.00 Inspector 74.00 Administrative / Word Processing 45.00 Reimbursable Costs: $0.36 per mile when Inspector and/or Engineer is required to travel to specifically attend a meeting (i.e., if not concurrently in the area to perform inspection services), and all related project expenses such as but not limited to photographic and film processing, courier services, incidental meals, etc. Overtime Costs: Hours worked outside of normal business hours at the request of the City will be billed at 1.25 times the rates shown. All meetings requested away from Berryman & Henigar's headquarters will be charged on actual costs of travel plus the normal hourly rates listed above. N:\CONTRACTS\REDLANDS\REDLAND SERVICE AGREEMENTO4.DOC 12 (Creekside Gardens, L.P., applicant) which are consistent with the previous Mitigated Negative Declaration adopted by the City on May 4, 1999, based on the findings contained in the staff report. Motion seconded by Councilmember Freedman and carried unanimously. Councilmember Haws moved to approve a one-year time extension for Conditional Use Permit No. 673 and Minor Subdivision No. 249 extending approval until May 4, 2002. Motion seconded by Councilmember Freedman and carried unanimously. Consultant Contract - Mountainview Power Plant - On motion of Councilmember Haws, seconded by Councilmember Freedman, the City Council unanimously authorized a contract with Berryman & Henigar to provided plan check, inspection service, and other related duties for the expansion to the Mountainview Power Plant located on San Bernardino Avenue (Mountainview Power Company, LLC, applicant). Release of Lien Agreement - On motion of Councilmember Haws, seconded by Councilmember Freedman, the City Council unanimously authorized the release of.a lien agreement dated April 8, 1983 for improvements to a portion of an alley located between Sixth Street and Olive Avenue as the required alley improvement have been completed (William A. and Diane L. McCalmon, applicants). Funds - Contract Award - Street Resurfacing - Bids were opened and publicly declared on April 19, 2001, in the City Clerk's Office for street resurfacing improvements; a bid opening report is on file in the Office of the City Clerk. It was the recommendation of the Pubic Works Department that the responsible bidder submitting the bid for said project which will result in the lowest cost for the City was Matich Corporation, San Bernardino, and it would be in the best interest of the City that this contract be awarded to said firm. This project is financed by special "one time" money from the State through the AB-2928 program that must be used for roadway surface maintenance and repairs. On motion of Councilmember Freedman, seconded by Councilmember Haws, the City Council appropriated the full amount of $483,058.27 received from AB-2928 funds and awarded the contract to Matich Corporation as recommended, with Councilmember Gilbreath abstaining due to a potential conflict of interest. Contract Award - Fire Department Temporary Apparatus Structure - Bids were opened and publicly declared on April 19, 2001, in the City Clerk's Office for the design and construction of the Fire Department's temporary apparatus structure to be located in the City's Corporate Yard; a bid opening report is on file in the Office of the City Clerk. It was the recommendation of staff that the responsible bidder submitting the bid for said project which will result in the lowest cost for the City was Parkwest Construction Company, Redlands, in the amount of $146,559.00, and it would be in the best interest of the City that this contract be awarded to said firm. On motion of Councilmernber Haws, May 15, 2001 Page 3