CC - Item 8D - Approval of Professional Services Agreements for On-call Engineering Services• � 1 1
'' U11
TO: THE HONORABLE MAYOR AND CITY COUNCIL
FROM: JEFF ALLRED, CITY MANAGER
DATE: JULY 12, 2011
SUBJECT: APPROVAL OF PROFESSIONAL SERVICES AGREEMENTS FOR
ON -CALL ENGINEERING SERVICES
SUMMARY
The City utilizes professional consultant services for the design of major capital projects
involving street, landscaping, transportation, and utility improvements. As the work load
requires, staff will utilize these firms to perform design services, traffic engineering
studies, public works inspection services, geotechnical services, survey work, and
special analyses. The attached on -call professional services agreements will continue
to provide the City with flexibility and the ability to obtain multiple bids for services on a
project by project basis. Each agreement is proposed for a three -year period.
Staff Recommendation
It is recommended that the City Council approve the attached professional services
agreements with Willdan, Infrastructure Engineers, Kimley -Horn and Associates, Evans
Brooks Associates, Steve Beer Inspection Services, and Ornelas Consulting Services to
provide as needed on -call professional services and authorize the City Manager to
execute the agreements.
DISCUSSION -
On -call- agreements allow staff to retain specialized services that are regularly needed
for various projects. Fees for these services are set for a specific period of time and are
typically adjusted annually to account for changes in the Consumer Price Index. Many
cities utilize these types of agreements to help supplement City staff with additional
expertise -on large, detailed projects. Staff has worked with the aforementioned firms to
develop -on -call agreements.
The City's Capital Improvement Program budget includes several planned projects that
will require specialized assistance, including sewer capacity enhancements, grant-
- funded highway safety improvement projects, NPDES /Storm Water projects,
landscaping /beautification projects and transportation projects, among others. On -call
agreements allow staff to streamline the contracting process and expedite project
APPROVED FOR CITY COUNCIL AGENDA: IT EM 1®
City Council Meeting
May 27, 2008
Page 2 of 2
delivery for projects. Having a pool of qualified consultants also allows staff to access
competitive rates for professional services.
City Council approval of this item will authorize staff to receive project proposals from
one or more of the selected consultants. Based on the proposals received, staff will
negotiate a project agreement with the most qualified firm. The cost of these services
will then be charged directly to specific project accounts. The agreements are
structured not -to- exceed $75,000 per year and will be subject to the City's Purchasing
Policy. Any proposed agreement that exceeds $25,000 will require City Council review
and approval.
FINANCIAL REVIEW
Costs for professional services will be negotiated with staff and billed at hourly rates,
depending on the services provided. These agreements do not commit the City to
expending a specified amount for professional services. Funding is provided through
several sources — including transportation funds, grant funds, gas tax funds, and
redevelopment bond proceeds.
Submitted by:
O UJOOI- �
Chris Marcarello
Public Works Director
Attachments:
(1) Professional- Services Agreement and Rate Schedules
CITY OF ROSEMEAD
PROFESSIONAL SERVICES AGREEMENT
1. PARTIES AND DATE.
This Agreement is made and entered into this 12 day of July, 2011 by and
between the City of Rosemead, a municipal organization organized under the laws of
the State of California with its principal place of business at 8838 E. Valley Blvd.,
Rosemead, California 91770 ( "City ") and Insert Name, with its principal place of
business at Insert Address ( "Consultant "). City ,.and; Consultant are sometimes
individually referred to herein as "Party" and collectively as'Parties.
2. RECITALS.
2.1 Consultant.
Consultant desires to perform and.'
certain professional services required by th
in this Agreement. Consultant represents th
services to public clients, is licensed:n the
plans of City.
2.2 Project.
City desires to
Name (`Project') as.s
e
to
3. TERMS.
3.1.1 Gene
furnish to the City all lab
customary worknecessar
consulting services nece .
particularly described in
reference. All Services
Agreement, the exhibits c
applicable local, state and
ie responsibility for the provision of
on the terms and set forth
experienced in providing architectural
of California, and is familiar with the
for the Insert Project
ope ,of Services. Consultant promises and agrees to
aterias, tools, equipment, services, and incidental and
illy and adequately supply the professional architectural
for the Project ( "Services "). The Services are more
D , it `A" attached hereto and incorporated herein by
>e subject to, and performed in accordance with, this
A hereto and incorporated herein by reference, and all
at laws, rules and regulations.
3.1.2 Term. The term of this Agreement shall be from July 12, 2011 to
June 30, 2014, unless earlier terminated as provided herein. Consultant shall complete
the Services within the term of this Agreement, and shall meet any other established
schedules and deadlines.
On -Call Professional Services Agreement
Page 2 of 11
3.2 Responsibilities of Consultant.
3.2.1 Control and Payment of Subordinates; Independent Contractor,
The Services shall be performed by Consultant or under its supervision. Consultant will
determine the means, methods and details of performing the Services subject to the
requirements of this Agreement. City retains Consultant on an independent contractor
basis and not as an employee. Consultant retains the right to perform similar or
different services for others during the term of this Agreement. Any additional personnel
performing the Services under this Agreement on behalf of Consultant shall also not be
employees of City and shall at all times be under Consultant's exclusive direction and
control. Consultant shall pay all wages, salaries, and other amounts due such
personnel in connection with their performance of Services under this Agreement and
as required by law. Consultant shall be responsible for all reports and obligations
respecting such additional personnel, including, but not limited to: social security taxes,
income tax withholding, unemployment insurance, disability insurance, and workers'
compensation insurance.
3.2.2 Schedule of Services. Consultant shall perform the. Services
expeditiously, within the term of this Agreement, and in accordance with the Schedule of
Services set forth in Exhibit "B" attached hereto and incorporated herein by reference.
Consultant represents that it has the professional and technical personnel required to
perform the Services in conformance with such conditions. In order to facilitate
Consultant's conformance with the Schedule, City shall respond to Consultant's
submittals in a timely manner. Upon request of City, Consultant shall provide a more
detailed schedule of anticipated performance to meet the Schedule of Services.
3.2.3 Conformance to Applicable Requirements. All work prepared by
Consultant shall be subject to the approval of City.
3.2.4 Substitution of Key Personnel. Consultant has represented to City
that certain key personnel will perform and coordinate the Services under this
Agreement. Should one or more of such personnel become unavailable, Consultant
may substitute other personnel of at least equal competence upon written approval of
City. In the event that City and Consultant cannot agree as to the substitution of key
personnel, City shall be entitled to terminate this Agreement for cause. As discussed
below, any personnel who fail or refuse to- perform the Services in a manner acceptable
to the City, or who are determined by the City to be uncooperative, incompetent, a
threat to the adequate or timely completion of the Project or a threat to the safety of
persons or property, shall be promptly removed from the Project by the Consultant at
the request of the City. The key personnel for performance of this Agreement are as
follows: Insert Name, Principal.
3.2.5 City's Representative. The City hereby designates the Public
Works Director, or his or her designee, to act as its representative for the performance
of this Agreement ( "City's Representative "). City's Representative shall have the power
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Page 3 of 11
to act on behalf of the City for all purposes under this Contract. Consultant shall not
accept direction or orders from any person other than the City's Representative or his or
her designee.
3.2.6 Consultant's Representative. Consultant hereby designates Brian
Ten, Principal or his designee, to act as its representative for the performance of this
Agreement ( "Consultant's Representative'). Consultant's Representative shall have full
authority to represent and act on behalf of the Consultant for all purposes under this
Agreement. The Consultant's Representative shall supervise and direct the Services,
using his /her best skill and attention, and shall be responsible for all means, methods,
techniques, sequences and procedures and for the satisfactory coordination of all
portions of the Services under this Agreement.
3.2.7 Coordination of Services. Consultant agrees to work closely with
City staff in the performance of Services and shall be available to City's staff,
consultants and other staff at all reasonable times.
3.2.8 Standard of Care; Performance of Employees. Consultant shall
perform all Services under this Agreement in a skillful and competent manner,
consistent with the standards generally recognized as being employed by professionals
in the same discipline in the State of California. Consultant represents and maintains
that it is skilled in the professional calling necessary to perform the Services.
Consultant warrants that all employees and subcontractors shall have sufficient skill and
experience to perform the Services assigned to them. Finally, Consultant represents
that it, its employees and subcontractors have all licenses, permits, qualifications and
approvals of whatever nature that are legally required to perform the Services, including_
a City Business License, and that such licenses and approvais shall be maintained
throughout the term of this Agreement. As provided for in the indemnification provisions
of this Agreement, Consultant shall perform, at its own cost and expense and without
reimbursement from the City, any services necessary to correct errors or omissions
which are caused by the Consultant's failure to comply with the standard of care
provided for herein. Any employee of the Consultant or its sub - consultants who is
determined by the City to be uncooperative, incompetent, a threat to the adequate or
timely completion of the Project, a threat to the safety of persons o, property, or any
employee who fails or refuses to perform the Services Ln a manner acceptable to the
City, shall be promptly removed from the Project by the Consultant-and shall not be
re- employed to perform any of the Services or to work on the Project.
3.2.9 Laws and Regulations. Consultant shall itself fully informed of
and in compliance with all local, state and federal laws, rules and regulations in any
manner affecting the performance of the Project or the Services, including all Cal?OSHA
requirements, and shall give all notices required by law. Consultant shall be liable for all
violations of such laws and regulations in connection with Services. If the Consultant
performs any work knowing it to be contrary to such laws, rules and regulations and
without giving written notice to the City, Consultant shall be solely responsible for all
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costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials,
directors, officers, employees and agents free and harmless, pursuant to the
indemnification provisions of this Agreement, from any claim or liability arising out of any
failure or alleged failure to comply with such laws, rules or regulations.
3.2.10 Insurance.
3.2.10.1 Time for Compliance. Architect shall maintain prior to
the beginning of and for the direction of this Agreement insurance coverage as specified
in Exhibit D attached to and part of this agreement.
3.2.11 Safety. Contractor shall execute and maintain its work so as
to avoid injury or damage to any person or property. In carrying out its Services, the
Contractor shall at all times be in compliance with all applicable local, state and federal
laws, rules and regulations, and shall exercise all necessary precautions for the safety
of employees appropriate to the nature of the work and the conditions under which the
work is to be performed. Safety precautions as applicable shall include, but shall not be
limited to: (A) adequate life protection and life saving equipment and procedures; (B)
instructions in accident prevention for all employees and subcontractors, such as safe
walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space
procedures, trenching and shoring, equipment and other safety devices, equipment and
wearing apparel as are necessary or lawfully required to prevent accidents or injuries;
and (C) adequate facilities for the proper inspection and maintenance of all safety
measures.
3.3 Fees and Payments.
3.3.1 Compensation. Consultant shall receive compensation, including
authorized reimbursements, for all Services rendered under this Agreement at the -rates
set forth in Exhibit C attached hereto and incorporated herein by reference. The total
compensation shall not exceed Insert Amount dollars ($Insert Dollar Amount) annually
without advance written approval of the City Council. Extra Work may be authorized, as
described below, and if authorized, will be compensated at the rates and manner set
forth in this Agreement.
3.3.2 Payment of Compensation. Consultant shall submit to -Ciy a
monthly itemized statement which indicates work completed and hours of Services
rendered by Consultant. The statement shall describe the amount of Services and
supplies provided since the initial commencement date, or since the start of the
subsequent billing periods, as appropriate, through the date of the statement. City shall,
within 45 days of receiving such statement, review the statement and pay all approved
charges thereon.
3.3.3 Reimbursement for Expenses. Consultant shall -not be reimbursed
for any expenses unless authorized in writing by City.
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3.3.4 Extra Work. At any time during the term of this Agreement, City
may request that Consultant perform Extra Work. As used herein, "Extra Work" means
any work which is determined by City to be necessary for the proper completion of the
Project, but which the parties did not reasonably anticipate would be necessary at the
execution of this Agreement. Consultant shall not perform, nor be compensated for,
Extra Work without written authorization from City's Representative.
3.3.5 Prevailing Wages. Consultant is aware of the requirements of
California Labor Code Section 1720, et seq., and 1770, et seq., as well as California
Code of Regulations, Title 8, Section 1600, et seq., ( "Prevailing Wage Laws "), which
require the payment of prevailing wage rates and the performance of other
requirements on "public works" and "maintenance" projects. If the Services are being
performed as part of an applicable "public works" or "maintenance" project, as defined
by the Prevailing Wage Laws, and if the total compensation is $1,000 or more,
Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide
Consultant with a copy of the prevailing rates of per diem wages in effect at the
commencement of this Agreement. Consultant shall make copies of the prevailing rates
of per diem wages for each craft, classification or type of worker needed to execute the
Services available to interested parties upon request, and shall post copies at the
Consultant's principal place of business and at the project site. Consultant shall defend,
indemnify and hold the City, its elected officials, officers, employees and agents free
and harmless from any claim or liability arising out of any failure or alleged failure to
comply with the Prevailing Wage Laws.
3.4 Accounting Records.
3.4.1 Maintenance and Inspection. Consultant shall maintain complete
and accurate records with respect to all costs and expenses incurred under this
Agreement. All such records shall be clearly identifiable. Consultant shall allow a
representative of City during normal business hours to examine, audit, and make
transcripts or copies of such records and any other documents created pursuant to this
Agreement. Consultant shall allow inspection of all work, data, documents, proceedings,
and activities related to the Agreement for a period of three (3) years from the date of
final payment under this Agreement.
3.5 General Provisions.
3.5.1 Termination of Agreement.
3.5.1.1 Grounds for Termination. City may, by written notice
to Consultant, terminate the whole or any part of this Agreement at any time and without
cause by giving written notice to Consultant of such termination, and specifying the
effective date thereof, at least seven (7) days before the effective date of such
termination. Upon termination, Consultant shall be compensated only for those services
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which have been adequately rendered to City, and Consultant shall be entitled to no
further compensation. Consultant may not terminate this Agreement except for cause.
3.5.1.2 Effect of Termination. If this Agreement is terminated
as provided herein, City may require Consultant to provide all finished or unfinished
Documents and Data and other information of any kind prepared by Consultant in
connection with the performance of Services under this Agreement. Consultant shall be
required to provide such document and other information within fifteen (15) days of the
request.
3.5.1.3 Additional Services. In the event this Agreement is
terminated in whole or in part as provided herein, City may procure, upon such terms
and in such manner as it may determine appropriate, services similar to those
terminated.
3.5.2 Delivery of Notices. All notices permitted or required under this
Agreement shall be given to the respective parties at the following address, or at such
other address as the respective parties may provide in writing for this purpose:
CONSULTANT:
Attn: Name
CITY:
City of Rosemead
P.O. Box 399
Rosemead, CA 91770
Attn: Public Works Director
Such notice shall be deemed made when personally delivered or when mailed,
forty -eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and
addressed to the party at its applicable address. Actual notice shall be deemed
adequate notice on the date actual notice occurred, regardless of the method of service.
3.5.3 Ownership of Materials and Confidentiality.
3.5.3.1 Documents & Data; Licensing of Intellectual Property.
This Agreement creates a non - exclusive and perpetual license for City to copy, use,
modify, reuse, or sublicense any and all copyrights, designs, and other intellectual
property embodied in plans, specifications, studies, drawings, estimates, and other
documents or works of authorship fixed in any tangible medium of expression, including
but not limited to, physical drawings or data magnetically or otherwise recorded on
computer diskettes, which are prepared or caused to be prepared by Consultant under
this Agreement ( "Documents & Data "). Consultant shall require all subcontractors to
agree in writing that City is granted a non - exclusive and perpetual license for any
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Documents & Data the subcontractor prepares under this Agreement. Consultant
represents and warrants that Consultant has the legal right to license any and all
Documents & Data. Consultant makes no such representation and warranty in regard
to Documents & Data which were prepared by design professionals other than
Consultant or provided to Consultant by the City. City shall not be limited in any way in
its use of the Documents and Data at any time, provided that any such use not within
the purposes intended by this Agreement shall be at City's sole risk.
3.5.3.2 Confidentiality. All ideas, memoranda, specifications,
plans, procedures, drawings, descriptions, computer program data, input record data,
written information, and other Documents and Data either created by or provided to
Consultant in connection with the performance of this Agreement shall be held
confidential by Consultant. Such materials shall not, without the prior written consent of
City, be used by Consultant for any purposes other than the performance of the
Services. Nor shall such materials be disclosed to any person or entity not connected
with the performance of the Services or the Project. Nothing furnished to Consultant
which is otherwise known to Consultant or is generally known, or has become known, to
the related industry shall be deemed confidential. Consultant shall not use City's name
or insignia, photographs of the Project, or any publicity pertaining to the Services or the
Project in any magazine, trade paper, newspaper, television or radio production or other
similar medium without the prior written consent of City.
3.5.4 Cooperation; Further Acts. The Parties shall fully cooperate with
one another, and shall take any additional acts or sign any additional documents as
may be necessary, appropriate or convenient to attain the purposes of this Agreement.
3.5.5 Attorney's Fees. If either party commences an action against the
other party, either legal, administrative or otherwise, arising out of or in connection with
this Agreement, the prevailing party in such litigation shall be entitled to have and
recover from the losing party reasonable attorney's fees and all other costs of such
action.
3.5.6 Indemnification. To the fullest extent permitted by law, Consultant
shall defend, indemnify and hold the City, its officials, officers, employees, volunteers,
and agents free and harmless from any and all claims, demands, causes of action,
costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons,
including wrongful death, in any manner arising out of, pertaining to, or relating to any
negligence, errors or omissions, recklessness, or willful misconduct of Consultant, its
officials, officers, employees, agents, consultants, and contractors arising out of or in
connection with the performance of the Consultant's Services, including without
limitation the payment of all consequential damages, expert witness fees, and attorneys
fees and other related costs and expenses. Consultant shall defend, at Consultant's
own cost, expense and risk, any and all such aforesaid suits, actions or other legal
proceedings of every kind that may be brought or instituted against City, its directors,
officials, officers, employees, agents, or volunteers. Consultant shall pay and satisfy
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any judgment, award or decree that may be rendered against City or its directors,
officials, officers, employees, agents, or volunteers, in any such suit, action or other
legal proceeding. Consultant shall reimburse City and its directors, officials, officers,
employees, agents, and /or volunteers, for any and all legal expenses and costs incurred
by each of them in connection therewith or in enforcing the indemnity herein provided.
Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any,
received by the City, its directors, officials officers, employees, agents, or volunteers.
3.5.7 Entire Agreement. This Agreement contains the entire Agreement
of the parties with respect to the subject matter hereof, and supersedes all prior
negotiations, understandings or agreements. This Agreement may only be modified by
a writing signed by both parties.
3.5.8 Governing Law. This Agreement shall be governed by the laws of
the State of California. Venue shall be in Los Angeles County.
3.5.9 Time of Essence. Time is of the essence for each and every
provision of this Agreement.
3.5.10 City's Right to Employ Other Consultants. City reserves right to
employ other consultants in connection with this Project.
3.5.11 Successors and Assigns. This Agreement shall be binding on the
successors and assigns of the parties.
3.5.12 Assignment or Transfer. Consultant shall not assign, hypothecate,
or transfer, either directly or by operation of law, this Agreement or any interest herein
without the prior written consent of the City. Any attempt to do so shall be null and void,
and any assignees, hypothecates or transferees shall acquire no right or interest by
reason of such attempted assignment, hypothecation or transfer.
3.5.13 Construction; References; Captions. Since the Parties or their
agents have participated fully in the preparation of this Agreement, the language of this
Agreement shall be construed simply, according to its fair meaning, and not strictly for
or against any Party. Any term referencing time, days or period for performance shall
be deemed calendar days and not work days. All references to Consultant include all
personnel, employees, agents, and subcontractors of Consultant, except as otherwise
specified in this Agreement. All references to City include its elected officials, officers,
employees, agents, and volunteers except as otherwise specified in this Agreement.
The captions of the various articles and paragraphs are for convenience and ease of
reference only, and do not define, limit, augment, or describe the scope, content, or
intent of this Agreement.
3.5.14 Amendment; Modification. No supplement, modification, or
amendment of this Agreement shall be binding unless executed in writing and signed by
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both Parties.
3.5.15 Waiver. No waiver of any default shall constitute a waiver of any
other default or breach, whether of the same or other covenant or condition. No waiver,
benefit, privilege, or service voluntarily given or performed by a Party shall give the
other Party any contractual rights by custom, estoppel, or otherwise.
3.5.16 No Third Party Beneficiaries. There are no intended third party
beneficiaries of any right or obligation assumed by the Parties.
3.5.17 Invalidity; Severability. If any portion of this Agreement is declared
invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the
remaining provisions shall continue in full force and effect.
3.5.18 Prohibited Interests. Consultant maintains and warrants that it has
not employed nor retained any company or person, other than a bona fide employee
working solely for Consultant, to solicit or secure this Agreement. Further, Consultant
warrants that it has not paid nor has it agreed to pay any company or person, other than
a bona fide employee working solely for Consultant, any fee, commission, percentage,
brokerage fee, gift or other consideration contingent upon or resulting from the award or
making of this Agreement. Consultant further agrees to file, or shall cause its
employees or subconsultants to file, a Statement of Economic Interest with the City's
Filing Officer as required under state law in the performance of the Services. For
breach or violation of this warranty, City shall have the right to rescind this Agreement
without liability. For the term of this Agreement, no member, officer or employee of City,
during the term of his or her service with City, shall have any direct interest in this
Agreement, or obtain- any present or anticipated material benefit arising therefrom.
3.5.19 Equal_ Opportunity Employment. Consultant represents that it is an
equal opportunity employer and it shall not discriminate against any subcontractor,
employee or applicant for employment because of race, religion, color, national origin,
handicap, ancestry, sex or age. Such non- discrimination shall include, but not be
limited to, all activities related to initial employment, upgrading, demotion, transfer,
recruitment or recruitment advertising, layoff or termination. Consultant shall also
comply -with all -- relevant provisions of City's Minority Business Enterprise program,
Affirmative— Action Plan or other related programs or guidelines currently in effect or
hereinafter enacted.
3.5.20 Labor Certification. By its signature hereunder, Consultant certifies
that it is aware of the provisions of Section 3700 of the California Labor Code which
require every employer to be insured against liability for Worker's Compensation or to
undertake -self- insurance in accordance with the provisions of that Code, and agrees to
comply with such provisions before commencing the performance of the Services.
3.5.21 Authority to Enter Agreement. Consultant has all requisite power
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and authority to conduct its business and to execute, deliver, and perform the
Agreement. Each Party warrants that the individuals who have signed this Agreement
have the legal power, right, and authority to make this Agreement and bind each
respective Party.
3.5.22 Counterparts. This Agreement may be signed in counterparts,
each of which shall constitute an original.
3.6 Subcontracting.
3.6.1 Prior Approval Required. Consultant shall not subcontract any
portion of the work required by this Agreement, except as expressly stated herein,
without prior written approval of City. Subcontracts, if any, shall contain a provision
making them subject to all provisions stipulated in this Agreement.
On -Call Professional Services Agreement
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CITY OF ROSEMEAD CONSULTANT
By:
City Manager
Attest:
M
f� I"M
Title:
Gloria Molleda
City Clerk
Approved as to Form:
Rachel Richman By:
City Attorney
Name:
02/08
Document2
SCOPE OF SERVICES
A -1
EXHIBIT B
SCHEDULE OF SERVICES
'fit
EXHIBIT C
COMPENSATION
C -1
EXHIBIT D
INSURANCE REQUIREMENTS
Prior to the beginning of and throughout the duration of the Work, Consultant will
maintain insurance in conformance with the requirements set forth below. Consultant
will use existing coverage to comply with these requirements. If that existing coverage
does not meet the requirements set forth here, Consultant agrees to amend, supplement
or endorse the existing coverage to do so. Consultant acknowledges that the insurance
coverage and policy limits set forth in this section constitute the minimum amount of
coverage required. Any insurance proceeds available to City in excess of the limits and
coverage required in this agreement and which is applicable to a given loss, will be
available to City.
Consultant shall provide the following types and amounts of insurance:
Commercial General Liability Insurance using Insurance Services Office "Commercial
General Liability" policy form CG 00 01 or the exact equivalent. Defense costs must be
paid in addition to limits. There shall be no cross liability exclusion for claims or suits by
one insured against another. Limits are subject to review but in no event less than
$1,000,000 per occurrence.
Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including
symbol 1 (Any Auto) or the exact equivalent. Limits are subject to review, but in no
event to be less that $1,000,000 per accident. If Consultant owns no vehicles, this
requirement may be satisfied by a non -owned auto endorsement to the general liability
policy described above. If Consultant or Consultant's employees will use personal autos
in any way on this project, Consultant shall provide evidence of personal auto liability
coverage for each such person.
Workers Compensation on a state - approved policy form providing statutory benefits as
required by law with employer's liability limits no less than $1,000,000 per accident or
disease.
Professional Liability or Errors and Omissions Insurance as appropriate shall be written
on a policy form coverage specifically designed to protect against acts, errors or
omissions of the consultant and "Covered Professional Services" as designated in the
policy must specifically include work performed under this agreement. The policy limit
shall be no less than $1,000,000 per claim and in the aggregate. The policy must "pay
on behalf of the insured and must include a provision establishing the insurer's duty to
defend. The policy retroactive date shall be on or before the effective date of this
agreement.
Insurance procured pursuant to these requirements shall be written by insurers that are
admitted carriers in the state of California and with an A.M. Bests rating of A- or better
and a minimum financial size VII.
D -1
General conditions pertaining to provision of insurance coverage by Consultant.
Consultant and City agree to the following with respect to insurance provided by
Consultant:
Consultant agrees to have its insurer endorse the third party general liability
coverage required herein to include as additional insureds City, its officials,
employees and agents, using standard ISO endorsement No. CG 2010 with an
edition prior to 1992. Consultant also agrees to require all contractors, and
subcontractors to do likewise.
2. No liability insurance coverage provided to comply with this Agreement shall
prohibit Consultant, or Consultant's employees, or agents, from waiving the right
of subrogation prior to a loss. Consultant agrees to waive subrogation rights
against City regardless of the applicability of any insurance proceeds, and to
require all contractors and subcontractors to do likewise.
3. All insurance coverage and limits provided by Contractor and available or
applicable to this agreement are intended to apply to the full extent of the
policies. Nothing contained in this Agreement or any other agreement relating to
the City or its operations limits the application of such insurance coverage.
4. None of the coverages required herein will be in compliance with these
requirements if they include any limiting endorsement of any kind that has not
been first submitted to City and approved of in writing.
5. No liability policy shall contain any provision or definition that would serve to
eliminate so- called "third party action over" claims, including any exclusion for
bodily injury to an employee of the insured or of any contractor or subcontractor.
o. All coverage types and limits required are subject to approval, modification and
additional requirements by the City, as the need arises. Consultant shall not
make any reductions in scope of coverage (e.g. elimination of contractual liability
or reduction of discovery period) that may affect City's protection without City's
prior written consent.
7. Proof of compliance with these insurance requirements, consisting of certificates
of insurance evidencing all of the coverages required and an additional insured
endorsement to Consultant's general liability policy, shall be delivered to City at
or prior to the execution of this Agreement. In the event such proof of any
insurance is not delivered as required, or in the event such insurance is canceled
at any time and no replacement coverage is provided, City has the right, but not
the duty, to obtain any insurance it deems necessary to protect its interests under
this or any other agreement and to pay the premium. Any premium so paid by
City shall be charged to and promptly paid by Consultant or deducted from sums
due Consultant, at City option.
8. Certificate(s) are to reflect that the insurer will provide 30 days notice to City of
any cancellation of coverage. Consultant agrees to require its insurer to modify
D -2
such certificates to delete any exculpatory wording stating that failure of the
insurer to mail written notice of cancellation imposes no obligation, or that any
party will "endeavor" (as opposed to being required) to comply with the
requirements of the certificate.
9. It is acknowledged by the parties of this agreement that all insurance coverage
required to be provided by Consultant or any subcontractor, is intended to apply
first and on a primary, noncontributing basis in relation to any other insurance or
self insurance available to City.
10. Consultant agrees to ensure that subcontractors, and any other party involved
with the project who is brought onto or involved in the project by Consultant,
provide the same minimum insurance coverage required of Consultant.
Consultant agrees to monitor and review all such coverage and assumes all
responsibility for ensuring that such coverage is provided in conformity with the
requirements of this section. Consultant agrees that upon request, all
agreements with subcontractors and others engaged in the project will be
submitted to City for review.
11. Consultant agrees not to self- insure or to use any self- insured retentions or
deductibles on any portion of the insurance required herein and further agrees
that it will not allow any contractor, subcontractor, Architect, Engineer or other
entity or person in any way involved in the performance of work on the project
contemplated by this agreement to self- insure its obligations to City. If
Consultant's existing coverage includes a deductible or self- insured retention, the
deductible or self - insured retention must be declared to the City. At that time the
City shall review options with the Consultant, which may include reduction or
elimination of the deductible or selfinsured retention, substitution of other
coverage, or other solutions.
12. The City reserves the right at any time during the term of the contract to change
the amounts and types of insurance required by giving the Consultant ninety (90)
days advance written notice of such change. If such change results in substantial
additionalcostrtorthe Consultant, the City will negotiate additional compensation
proportional to the increased benefit to City.
13. For purposes of applying insurance coverage only, this Agreement will be
deemed to have been executed immediately upon any party hereto taking any
steps that can be deemed to be in furtherance of or towards performance of this
Agreement.
14. Consultant acknowledges and agrees that any actual or alleged failure on the
part of City to inform Consultant of non - compliance with any insurance
requirement in no way imposes any additional obligations on City nor does it
waive any rights hereunder in this or any other regard.
15. Consultant will renew the required coverage annually as long as City, or its
employees or agents face an exposure from operations of any type pursuant to
D -3
this agreement. This obligation applies whether or not the agreement is canceled
or terminated for any reason. Termination of this obligation is not effective until
City executes a written statement to that effect.
16. Consultant shall provide proof that policies of insurance required herein expiring
during the term of this Agreement have been renewed or replaced with other
policies providing at least the same coverage. Proof that such coverage has
been ordered shall be submitted prior to expiration. A coverage binder or letter
from Consultant's insurance agent to this effect is acceptable. A certificate of
insurance and /or additional insured endorsement as required in these
specifications applicable to the renewing or new coverage must be provided to
City within five days of the expiration of the coverages.
17. The provisions of any workers' compensation or similar act will not limit the
obligations of Consultant under this agreement. Consultant expressly agrees not
to use any statutory immunity defenses under such laws with respect to City, its
employees, officials and agents.
18. Requirements of specific coverage features or limits contained in this section are
not intended as limitations on coverage, limits or other requirements nor as a
waiver of any coverage normally provided by any given policy. Specific reference
to a given coverage feature is for purposes of clarification only as it pertains to a
given issue, and is not intended by any party or insured to be limiting or all -
inciusive-
19.These insurance requirements are intended to be separate and distinct from any
other provision in this agreement and are intended by the parties here to be
interpreted as such.
20. The requirements in this Section supersede all other sections and provisions of
this Agreement to the extent that any other section or provision conflicts with or
impairs the provisions of this Section.
21. Consultant agrees to be responsibte ensuring that no contract used by any
party involved in any way with the project reserves the right to charge City or
Consultant for the cost of additional insurance coverage required by this
agreement. Any such provisions are to be deleted with reference to City. It is not
the intent of City to reimburse any third party for the cost of complying with these
requirements. There shall be no- recourse against City for payment of premiums
or other amounts with respect thereto.
Consultant agrees to provide immediate notice to City of any claim or loss against
Consultant arising out of the work performed under this agreement. City assumes no
obligation or liability by such notice, but has the right (but not the duty) to monitor the
handling of any such claim or claims if they are likely to involve City.
I,
WILL DAN ENGINEERING
Schedule of Hourly Rates
tnecnve uuiv - I, zu'l l to uune su, zu'lz
,.,,.,, ". y ........ .............................................
Director.............. ............................... .........................180.00
....... W �......,..
Deputy Director .. ............................... .........................180.00
150.00
Principal Project Manager ................ .........................180.00
125.00
City Engineer ..... ............................... .........................180.00
115.00
Project Manager ............................... .........................180.00
100.00
Program Manager ............................. .........................180.00
145.00
Supervising Engineer ........................ .........................160.00
140.00
Senior Engineer . ............................... .........................145.00
140.00
Senior Design Manager .................... .........................145.00
? 00.00
Design Manager ............................... .........................135.00
115.00
Associate Engineer ........................... .........................135.00
115.00
Senior Designer . ............................... .........................130.00
115.00
Senior Design Engineer 11 ................. .........................130.00
115.00
Senior Design Engineer 1 .................. .........................125.00
* *105.00/110.00
Designer 11 ......... ............................... .........................120.00
.............. 105.00
DesignerI .......... ............................... .........................115.00
100.00
Design Engineer II ............................ .........................120.00
95.00
Design Engineer I ............................. .........................115.00
* *95.00/110.00
Senior Drafter .... ............................... .........................110.00
80.00
Drafter 11 ............. ............................... .........................100.00
80.00
DrafterI ............... ............................... ..........................95.00
Technical Aide .... ............................... ..........................85.00
75.00
CONSTRUCTION MANAGEMENT
..._ ......... 180.00
Director................. ............................... ......................180.00
150.00
Deputy Director .. ............................... .........................180.00
125.00
Project Manager ............................... .........................180.00
115.00
Senior Construction Manager ............ ........................155.00
100.00
Construction Manager ............................ ...................
145.00
Assistant Construction Manager ....... .........................120.00
140.00
Utility Coordinator ............................. .........................125.00
140.00
Labor Compliance Manager ............. .........................120.00
? 00.00
Labor Compliance Specialist ............. ..........................95.00
115.00
INSPECTIOAL ERVICES
Supervising Public Works Observer . .........................120.00
Senior Public Works Observer ......... .........................110.00
Public Works Observer . ..............................* *100.00/110.00
Assistant Public Works Observer ..............* *100.00/110.00
SURVEYING
Principal Project Manager ...........................
..._ ......... 180.00
Supervisor - Survey & Mapping ......... ........................155.00
150.00
Senior Survey Analyst ...................... .........................130.00
125.00
Certified Party Chief .......................... .........................130.00
115.00
Senior Calculator .............................. .........................120.00
100.00
Calculator 11 .................................. ..............................
110.00
Calculator I ......... ............................... .........................100:00
140.00
Survey Analyst 11 ............................... .........................115.00
140.00
Survey Analyst I .......................... . ..............................
? 00.00
Survey Party Chief ................ _a__..............................
115.00
Field Party (One) .............................. .........................180.00
115.00
Field Party (Two) .............................. .........................235.00
115.00
Field Party ( Three ) . ............................ .........................295.00
115.00
Principal Project Manager ......... ...............................
180.00
Principal Landscape Architect ... ...............................
150.00
Senior Landscape Architect ....... ...............................
125.00
Associate Landscape Architect .. ...............................
115.00
Assistant Landscape Architect .. ...............................
100.00
JU%LD/NG SAFETY
Director....................................... ...............................
180.00
Deputy Director .......................... ...............................
180.00
Principal Project Manager ......... ...............................
180.00
Supervising Plan Check Engineer ............................
150.00
Building Official .......................... ...............................
150.00
Plan Check Engineer ................. ...............................
140.00
Deputy Building Official .............. ...............................
140.00
Inspector of Record .................... ...............................
140.00
Senior Plans Examiner .............. ...............................
125.00
Supervising Building Inspector .. ...............................
125.00
Plans Examiner .......................... ...............................
115.00
Senior Building Inspector ........... ...............................
115.00
Supervisor Code Enforcement ... ...............................
115.00
Building Inspector ....... ...............................
* *105.00/110.00
Supervising Construction Permit Specialist
.............. 105.00
Senior Construction Permit Specialist ......................
100.00
Senior Code Enforcement Officer ...............................
95.00
Assistant Building Inspector .........................
* *95.00/110.00
Code Enforcement Officer ........... ...............................
80.00
Construction Permit Specialist ..... ...............................
80.00
Assistant Construction Permit Specialist ....................85.00
Plans Examiner Aide .................... ...............................
75.00
Assistant Code Enforcement Officer . ..........................
70.00
Director....................................... ...............................
180.00
Deputy Director .......................... ...............................
180.00
Principal Planner ........................ ...............................
150.00
Principal Community Development Planner .............
150.00
Senior Planner ........................... ...............................
130.00
Senior Community Development Planner .................
130.00
Associate Planner ...................... ...............................
115.00
Associate Community Development Planner ...........
115.00
Assistant Community Development Planner............
105.00
Assistant Planner ....................... ...............................
105.00
Planning Technician ..................... ...............................
85.00
Community Development Technician .........................
85.00
Computer Data Entry ................... ............................... 65.00
Clerical......................................... ............................... 65.00
Word Processing .......................... ............................... 65.00
Personal Computer Time ............. ............................... 30.00
Mileage reimbursement will be charged at the current Federal
guideline rate at the time of billing. Vehicles will be charged at
a monthly rate of $500.00.
** Prevailing Wage Project, Use $110.00
Additional billing classifications may be added to the above listing during the year as new positions are created. Consultation in connection with litigation and court
appearances will be quoted sebanateiv. The above schedule is for straight time. Overtime will be charged at 1.25 times, and Sundays and holidays. 1.70 times the standard
rates. Blueprinting, reproduction, messenger services, and printing will be invoiced at cost plus fifteen percent (15 %). A subconsultant management fee of fifteen percent
(15%) will be added to the direct cost of all subconsultant services to provide for the cost of administration, consultation, and coordination. Valid July 1, 2010 thm June 30,
2011, thereafter, the rates may be raised once per year to the value of change of the Consumer Price Index for the Los Angeles /Orange County /Sacram area, but not more
than five percent per year.
2011 HOURLY RATE SCHEDULE
INFRASTRUCTURE
ENGINEERS
Principal in Charge
$185
Interim City Manager
$185
AS§iStant /Deputy City Manager
$155
Civil Engineering
_
_
Project Manager
$140
Program Management
Geo- Technical Engineer
$140
Senior Engineer
$120
Project Director
$145
Plan Checker
$95
Program Manager
$125
Engineering Associate
$85
Program Supervisor
$105
Engineering Assistant
$75 -
Sr. Program Coordinator
$100
Engineering Technician
$70
Program
$85
CAD Manager
$10o- -
Program Assistant
$66
CAD Operator
$70 -
Municipal Engineering Support
i Traffic Engineering
�-
City Engineer
$125
Principal Engineer
$140-
City Traffic Engineer
$125
Senior Traffic Engineer
$120
Deputy Engineer
$115
Traffic Engineer
$110
Dep. City Traffic Engineer
$115
Plan Checker
$95
Engineering_ Manager
$95
Engineering Associate
$90
Plan Checker
$95
Engineering Assistant
$75
Engineering Technician
$70
Public Relations
CAD Manager
$100
CAD Operator
$70
PR Project Principal
$140
Transit Planner
$99
PR Project Manager
$120
PR Coordinator
$80
, Surveying
PR Assistant
$65
Graphic Designer
$99
Surveyor Party Chief
$175
Market Research Coordinator
$85
Survey Crew - 2 person
$225
Market Research Assistant
$65
Survey Crew - 3 person
$275
Media Relations Manager
$135
Survey Analyst
$90
Web Programming
$105
Plan Checker (Subdivision & Survey Document) $95
Illustration
$105
Construction Management
Building & Safety
Construction Manager
$120
Building Official
$155
Resident Engineer
$120 1
Plan Check Engineer
$140
Scheduler /Controller
$95
Senior Building Inspector
$89
Senior Inspector
$75
Building Inspector
$75
Inspector
$65
Technician
$45
Technician
$55
Clerical
Other Charges
Organizer /Supervisor
$63
Delivery
$65
Clerk Typist
$50
Mileage
$0.60 /Mile
Travel
Cost + 15%
Reimbursements
Cost + 15%
Additional billing classifications may be added to the above list throughout the year as new positions are created. The above schedule is for straight
time. Overtime will be charged at 1.5 times. Sundays and holidays are charged at 2.0 times the standard time.
Kimley -Horn
and Associates, Inc.
HOURLY RATE SCHEDULE
Effective July 1, 2011 to June 30, 2012
CLASSIFICATION
LABOR RATE RANGE
SUPPORT STAFF ........................... ...............................
.........................$55.00 - $80.00
DESIGNER/CADD OPERATOR ........................... ...............................
$80.00 - $135.00
ANALYST ............................................................ ...............................
$95.00- $130.00
PROFESSIONAL ................................................. ...............................
$130.00 - $170.00
SENIOR PROFESSIONAL .................................. ...............................
$170.00 - $250.00
PRINCIPAL ......................................................... ...............................
$200.00 - $250.00
An allocation charge (currently at 6.15 %) will be added to the labor fee shown above to
cover routine expenses, such as local mileage, copying, fax, mail, telephone, in -house
blueprinting, etc.
A $25 /hour cost will be charged for engineering software computer usage. Overtime work is
charged at 1.5 times the normal billing rate for non - exempt staff.
Evan Brooks Associates: Planning Consultants
BILLING RATES
The following pages contain EBA's current billing rates (effective for one -year during the
period January 1, 2011 to December 31, 2011) and key client references.
Evan BrooksAssociates
Planning Consultants
STANDARD+IO.URLY RATES
Effective July 1, 2010 through -June 30, 2011
Classification
Hourly Rate
Principal in Charge /Project Manager
$150
Project Engineer (Traffic & Civil)
$140
Assistant Project Manager
$120
Transportation /Traffic Planner
$100
Federal /State Aid Specialist
$100
CADD /GIS Specialist
$95
Technical Analyst /-Planner
$85
Administrative Analyst
$45
Reimbursable direct expenses are billed at cost plus 10% for administration fee.
EBA understands the importance of providing services that can respond to the Client's
needs based on work load and demand by adjusting level of staffing as necessary, and
provide the services in an efficient and cost effective manner without sacrificing the
quality and responsiveness. Responsiveness is an integral part of EBA's "customer
friendly" service approach. While our service is always on an "as needed" basis, our
responsiveness is on "full- time" basis. Our approach is to provide as needed services with
a full -time responsiveness approach.
RECOMMENDED ANNUAL BUDGET FOR THE ON -CALL TRANSPORTATION AND GRANTS
MANAGEMENT SERVICES
Transportation Management Services- Commission: $35,000
Grants Service Assignments and Other Tasks On -Call: $40,000
Total Annual Budget: Not to Exceed $75,000
22IPage -.
ORNELAS CONSULTING SERVICES
STANDARD RATE SCHEDULE
EFFECTIVE JULY 1, 2011 — JUNE 30, 2013
CATEGORY HOURLY_RATE
Principal $90
945 WINDSONG COURT
DIAMOND BAR, CAR 91765
TELEPHONE: (626) 945-8037
STEVE BEER INSPECTION SERVICES
STANDARD RATE SCHEDULE
EFFECTIVE JULY 1, 2011 —JUNE 30, 2013
CATEGORY HOURLY RATE
Inspector $70
3099 West Chapman
Orange, CA 92868
TELEPHONE: (714)2935 -8897
Email: pwinspector64 @att.net