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Item 16 - Approval of Engineering Agreement between City/RDA and Right of Way Engineering AGENDA REPORT SUMMAR,y ~ INITIATED BY: Honorable ~ayor and Members of City Council Honorable Chairman and Members of the Redevelopment Agency JaleS l. Bowersox, City Mana~ Executive Director ~ John D. Fitch, Assistant City Manage~1- ~ Mark S. Weston, Director of Engi.neering,~erVice Kipp Hefner, Associate Civil Engineer ~ TO: FROM: DATE: June 6, 1995 SUBJECf: Approval of an Engineering Agreement between the City of Poway/Poway Redeve 1 opment Agency and Ri ght 'of Way Engi neeri ng, Inc. for Surveyi ng Services for Fiscal Year 1995-96 ABSTRACf The City of Poway and the Poway Redevelopment Agency have contracted with Right of Way Engi neeri ng, Inc. for surveying and other related services for several years. Staff has negotiated a one year contract for Fiscal Year 1995-96 which allows two one-year extensions. i ENVIRONMENTAL REVIEWI i This action is administrative in nature and not subject to CEQA review. FISCAL IMPACf i This contract has no incre~se in engineering hourly rates over FY 9S-96. Engineering fees for Right of Way Engi~eering, Inc. will be borne by the City or Poway Redeve 1 opment Agency for cpita 1 improvement proj ects. ADDITIONAL PUBLIC NOTIfICATION AND CORRESPONDENCE Cecil Ryals, President, Ri~ht of Way Engineering, Inc. I RECOMMENDATION , It is recommended that the Ifity Council/Redevelopment Agency approve the one-year contract with Right of Way Engineering, Inc. for FY 1995-96. ACfION , I 1 of 14 JUN 6 1995 ITEM 16 " - AGENDA REPOR"" CITY OF POW A Y This report is included on the Consent Calendar. There will be no separate discussion of the report prior to approval by the City Council unless members of the Council. staff or public request it to be removed from the Consent Calendar and discussed separately. If you wtsh to have this report pulled for discussion, please fill out a slip indicating the report number and give it to the City Clerk pnor to the beginning of the City CouMdl meeting. FROM: INITIATED BY: Honorable Mayor and Members of City Council Honorable Chairman and Members of the Redevelopment Agency James L. Bowersox, City Manager/Executive Dire~ John D. Fitch, Ass i stant City Manager cai\- ;;; Mark S. Weston, Director of Engineering Service~~ Kipp Hefner, Associate Civil Engineer ~ IV'- June 6, 1995 TO: DATE: SUBJECT: Approval of an Engineering Agreement between the City of Poway/Poway Redevelopment Agency and Right of Way Engineering, Inc. for Surveying Services for Fiscal Year 1995-96 Backllround The City of Poway and the Poway Redevelopment Agency have contracted for engineering services with Right of Way Engineering, Inc. for surveying and other related services for several years. Staff has negotiated a one year contract for Fiscal Year 1995-96 which allows two one-year extensions. FindinCls Right of Way Engineering, Inc. has provided the City of Poway and the Poway Redevelopment Agency with contract survey services since 1989. During Right of Way Engineering, Inc.'s relationship with the City, they have proven capable of providing professional surveying services encompassing a wide variety of areas at a competitive rate. Staff has negotiated a one-year contract which provides no fee increases over FY 9S-96. Included in the contract is a provision for two one-year extensions which will allow negotiation of hourly rates. Staff recommends approval of an engineering agreement with Right of Way Engineering, Inc. Environmental Review This action is administrative in nature and is not subject to CEQA review. ACTION: )) 2 of 14 JUN 6 1995 ITEM 16 II Approval of an Enginllrin, .leement between the City of PowaylPoway Redfo Jpment Agency end Right of Way Engineering, Inc. for Surveying Services for Fisce' Yur 1995-96 City Council Agende - June 6. 1995 Pogo 2 Fiscal ImDact This contract has no increase in engineering hourly rates over FY 95-96. Engineering fees for Right of Way Engineering, Inc. will be borne by the City or Poway Redevelopment Agency for capital improvement projects. Public Notification and CorresDondence Cecil Ryals, President, Right of Way Engineering, Inc. Recolllllendation It is recommended that the City Council/Redevelopment Agency approve the new one-year contract with Right of Way Engineering, Inc. for FY 1995-96. JLB:JDF:MSW:KH:pc Attachments: A - Right of Way Engineering, Inc. Agreement 3 of 14 JUN 6 1995 ITEM 16 'I STANDARD AGREEMENT FOR CONSUL TANT SERVICES This Agreement, entered into this 6th day of JUNE, 1995, by and between the CITY OF POWAY (hereinafter referred to as "CITY") and the POWAY REDEVELOPMENT AGENCY (hereinafter referred to as" Agency") and RIGHT OF WAY ENGINEERING, INC. (hereinafter referred to as "Consultant"). RECITALS WHEREAS, CITY and AGENCY desires to obtain the services of a private consultant to perform as-needed surveying services; and WHEREAS, CONSULTANT is a(n) SURVEYING consultant and has represented that CONSULTANT possesses the necessary qualifications to provide such services; and WHEREAS, CITY and AGENCY has authorized the preparation of an agreement to retain the services of CONSULTANT as hereinafter set forth. NOW, THEREFORE, IT IS MUTUALLY AGREED THAT CITY and AGENCY DOES HEREBY RETAIN CONSULTANT ON THE FOLLOWING TERMS AND CONDITIONS: 1. ScoDe of Services. Consultant shall provide services as described in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 2. ComDensatlon and Reimbursement. City and Agency shall compensate and reimburse Consultant as provided in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 3. Term of Aareement. The term of this Agreement shall be as described on Exhibit" A" entitled "Special Provisions" attached hereto and made a part hereof. POW.Y Redevelopment Agency 4-25-95 Attachment A -1- 4 of 14 JUN 6 1995 ITEM 16 4. Termination. This Agreement may be terminated with or without cause by City and Agency. Termination without cause shall be effective only upon SO-day written notice to Consultant. During said 50-day periOd Consultant shall perform all consulting services in accordance with this Agreement. This Agreement may be terminated by City and Agency for cause in the event of a material breach of this Agreement, misrepresentation by Consultant in connection-with the formation of this Agreement or the performance of services, or the failure to perform services as directed by City and Agency. Termination for cause shall be effected by delivery of written notice of termination to Consultant. Such termination shall be effective upon delivery of said notice. 5. Confidential Relationship. City and Agency may from time to time communicate to Consultant certain information to enable Consultant to effectively perform the services. Consultant shall treat all such information as confidential, whether or not so identified, and shall not disclose any part thereof without the prior written consent of City and Agency. Consultant shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services. The foregoing obligation of this Paragraph 5, however, shall not apply to any part of the information that (i) has been disclosed in publicly available Sources of information;1 (ii) is, through no fault of Consultant, hereafter disclosed in publicly available sources of information; (Iii) is now in the possession of Consultant without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to Consultant by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. Consultant shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this contract without the prior written consent of the City and Agency. In its performance hereunder, Consultant shall comply with all legal obligations it may now or hereafter have respecting the information or ocher property of any other person, firm or corporation. 6. Consultlna Services Provided to Others. Consultant shall not represent any other client, public or private, in addition to City and Agency during the term of this Agreement unless Consultant first obtains the express written consent of City and Agency. Powey Redevelopment Agency 4-25"95 -2- of 14 JUN 6 1995 ITEM 16 '.1 7. Office Soace and Clerical Suooort. Consultant shall provide its own office space and clerical support at its sole cost and expense. 8. Covenant Aa.inst Continaent Fees. Consultant declares that it has no.t employed or retained any company or person, other than a bona fide employee working for Consultant, to solicit or secure this Agreement, that it has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift or any other consideration, contingent upon or resulting from the award or making of the Agreement. For breach of violation of this warranty, City and Agency shall have the right to annul this Agreement without liability, or, at its sole discretion, to deduct from the Agreement price or consideration, or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. 9. Ownershio of Documents. All memoranda, reports, plans, specifications, maps and other documents prepared or obtained under the terms of this Agreement shall be the property of City and Agency and shall be delivered to City and Agency by Consultant upon demand. 10. Conflict of Interest and Political Reform Act Obliaations. During the term of this Agreement Consultant shall not act as consultant or perform services of any kind for any person or entity whose interests conflict in any way with those of the City and Agency. Consultant shall at all times comply with the terms of the Political Reform Act and the local conflict of interest ordinance. Consultant shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the City and Agency in which the Consultant has a financial interest as defined in Government Code Section 87103. Consultant represents that it has no knowledge of any financial interests which would require it to disqualify itself from any matter on which it might perform services for the City and Agency. Consultant shall comply with all of the reporting requirements of the Political Reform Act and local ordinance. Specifically, Consultant shall file Statements of Economic Interest with the City Clerk of the City of Poway in a timely manner on forms which Consultant shall obtain from the City Clerk. POW8Y Redevelopment Agencv 4-25,95 \ -3- JUN 6 1995 ITEM 16 .1 6 of 14 11.~. ""'"' Neither any part nor all of this Agreement may be assigned or subcontracted, except as otherwise specifically provided herein, or to which City and Agency, in its sole discretion, consents to in advance thereof in writing. Any assignment or lIIbcontracting in violation of this provision shall be void. 12. Rbfntllnance of Records. Consultant shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence, pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the contract period and for three (3) years from the date of final payment under this Agreement, for inspection by City and Agency and copies thereof shall be furnished, if requested. 13. IndeDendent Contractor. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of the City of Poway or Agency. City and Agency shall have the right to control Consultant only insofar as the results of Consultant's services rendered pursuant to this Agreement; however, City and Agency shall not have the right to control the means by which Consultant accomplishes 14. Licenses. Permits. Etc. Consultant represents and declares to City and Agency that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. Consultant represents and warrants to City and Agency that Consultant shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for Consultant to practice its profession. 15. Consultant's Insurance. Consultant shall provide insurance as set forth in Exhibit . A. entitled .Special Provisions. attached hereto and made a part hereof. 16. Liabilltv. Notwithstanding any other provIsion contained in this Agreement, Consultant shall be responsible for all injuries to persons and for all damage to real or personal property of City and Agency or others, caused by or resulting from the wrongful act or negligent acts, errors, or omissions of itself, its employees, or its agents during the progress of, or in connection with, the rendition of services hereunder. Consultant shall hold harmless and indemnify City and Agency, and all officers and employees of City and Agency from all costs and claims for damages to real or personal property, or personal injury to any third party, including reasonable POW8Y Redevelopment Agency 4-25,95 ... -4- 7 of 14 JUN 6 1995 ITEM 16 II attorney fees resultin("'rom the negligent performance of "'onsultant, its employees, or its agents, under tl. . Agreement. 17. Consultant Not an Aaent. Except as City and Agency may specify in writing, Consultant shall have no authority, expressed or implied, to act on behalf of City and Agency in any capacity whatsoever as an agent. Consultant shall have no authority, expressed or implied, pursuant to this Agreement to bind City and Agency to any obligation whatsoever. 18. Personnel. Consultant shall assign qualified and certified personnel to perform requested services. The City and Agency shall have the right to review and disapprove personnel for assignment to Po way projects. City and Agency shall have the unrestricted right to order the removal of any person(s) assigned by Consultant by giving oral or. written notice to Consultant to such effect. Consultant's personnel shall at all times comply with City's and Agency's drug and alcohol policies then in effect. 19. Notices. Notices shall be given as described on Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 20. Arbitration. In the event of a dispute between City and Agency and Consultant concerning the terms of this Agreement or its performance, the parties agree to submit such dispute to arbitration before the American Arbitration Association or other mutually acceptable arbitrator. In the event that the subject of such arbitration is compensation claimed by Consultant in the event of termination, Consultant's damages shall be limited to compensation for the 50-day period for which Consultant would have been be entitled to receive compensation if terminated without cause. In the event of arbitration, each party shall bear its own attorneys' fees and costs incurred. 21. Gender. Whether referred to in the masculine, feminine, or as "it, n "Consultant" shall mean the individual or corporate consultant and any and all employees of consultant providing services hereunder. Powey Redevelopment ,,'g.nev 4-25-95 -5- JUN 6 1995 ITEM 16 I I 8 of 14 22. Entire Aareement. This Agreement shall constitute the entire understanding between Consultant and City and Agency relating to the terms and conditions of the services to be performed by Consultant IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement on the date first above written. -5illlq5 f I Dated: CITY OF POWA Y REDEVELOPMENT AGENCY James L. Bowersox ity Manager/Executive Director Dated; 1))/5/9)" CONSULTANT By ~ ~f.?~ ecll Presid F'oway Rede....elopment Agency 4-25,95 -6- JUN 6 1995 ITEM 16 '1 g of 14 Agency . services. .SPECIAL PROVISIONS. EXHIBIT "A" A. Scaae of Services. Consultant agrees to perform consulting services as required by City and Consultant shall provide the necessary qualified personnel to perform the In performance of the services Consultant shall: 1. Perform all necessary construction staking on City and Agency Capital Improvement Projects. 2. Perform design surveys on City and Agency Capital Improvement Projects. 3. Perform topographic surveys, as necessary, on City and Agency Capital Improvement Projects. 4. Perform computer mapping as directed by the City and Agency. 5. Prepare legal descriptions and exhibits as directed by the City and Agency . 6. Prepare improvement plans on City and Agency Capital Improvement Projects. \ POW8V Redevelopment Agency 4-25,95 10 of 14 -1- JUN 6 1995 ITEM 16 B. ComDensation and Reimbursement. City and Agency shall pay Consultant a fee as follows: COMPENSATION SHALL BE BASED ON THE CONTAINED FLAT FEE IN EXHIBIT "B". Consultant's fee shall include and Consultant shall be responsible for the payment of all federal, state, and local tax_of any kind which are attributable to the compensation received. In addition to said consulting fee, Consultant shall be reimbursed for all reasonable expenses, including lodging, telephone, and travel (air, auto, rail) necessarily incurred in performance of the services. Consultant shall bill City and Agency for such expenses as incurred, referencing this Agreement. All expenses shall be itemized and supported by receipts for amounts in excess of Twenty-Five Dollars ($25.00). Statements for reimbursement of expenses shall be paid within ten (10) days of approval by City and Agency. All air travel shall be billed at coach or special fare rates. Only lodging outside San Diego County shall be reimbursable. Consultant shall receive prior authorization for air travel and lodging expenses. All other expenses shall be reimbursed in accordance with City's and Agency's cash disbursement policies in effect at the time incurred. C. Term of Aareement. This Agreement shall be effective from the periOd commencing JUNE 6, 1995 and ending JUNE 6, 1996 with the provision to mutually extend the contract with two one-year extensions, unless sooner terminated by City and Agency as provided in the section of this Agreement entitled "Termination." Upon expiration or termination of this Agreement, Consultant shall return to City and Agency any and all equipment, documents or materials and all copies made thereof which Consultant received from City and Agency or produced for City and Agency for the purposes of this Agreement. D. Consultant's Insurance. 1. Coveraaes: Consultant shall obtain and maintain during the life of this Agreement all of the following insurance coverages: (a). Comorehensive General Liabilitv, including premises- operations, products/completed, broad form property damage, and blanket contractual liability with the following coverages: General Liability .................. $ 500,000 per person per occurrence/ . $1,000,000 aggregate per occurrence $500,000 property damage per occurrence Powey Redevelopment Agency 4-25,55 -2- JUN 6 1995 ITEM 16 ,j 11 of 14 (bJ Automobile Uability, including o~lled, hired, and non-owned vehicles with the following insurance coverages: Auto Uability ....................... $ 500,000 per person per occurrence / $1,000,000 aggregate per occurrence $100,000 property damage per occurrence (c) Consultant shall obtain and maintain, during the life of the Agreement, a policy of Professional Errors and Omissions Uability Insurance with policy limits of not less than $1,000,000.00 combined single limits, per claim and annual aggregate. (d) Workers' Comoensation insurance in statutory amount. All of the endorsements which are required above shall be obtained for the policy of Workers' Compensation insurance. 2. Endorsements: Endorsements shall be obtained so that each policy contains the following three provisions: (a) Additional Insured. (Not required for Professional Errors and Omissions Uability Insurance or Workers' Compensation.) "THE CllY OF POWA Y and the POWA Y REDEVELOPMENT AGENCY and its elected and appointed boards, officers, agents, and employees are additional insureds with respect to this subject project and contract with City and Agency." (b) Notice. "Said policy shall not terminate, nor shall it be canceled, until thirty (30) days after written notice is given to City and Agency." (c) Primarv Coveraae. 'The policy provides primary coverage to City and Agency and its elected and appointed boards, officers, agents, and employees. It is not secondary or in any way subordinate to any other insurance or coverage maintained by City and Agency." 3. Insurance Certificates: Consultant shall provide City and Agency certificates of insurance showing the insurance coverages described in the paragraphs above, in a form and content approved by City and Agency, prior to beginning work under this Agreement. \, Poway Redevelopment Agency 4-25-95 -3- JUN 6 1995 ITEM 16 'I 12 of 14 E. Notices. All notices, billings and payments hereunder shall be in writing and sent to the following addresses: To Director: Poway Redevelopment Agency City of Poway 13325 CMc Center Drive P.O. Box 789 Poway, CA 92074 To Consultant: Right of Way Engineering 2125 EI Camino Real Suite 210 Oceanside, CA, 92054 .... P'OW8V Redevelopment Agencv 4-25,95 -4- JUN 6 1995 ITEM 16 13 of 14 Survey Crew Principal Ucensed Surveyor Computer Technician Secretarial P'oway Redevelopment Agency 4-25,95 4 of 14 EXHIBIT B CITY OF POWAY SCHEDULE OF HOURLY RATES FISCAL YEAR 1995-96 -5- FY 95-96 Hourlv Rate $135.00 $ 75.00 $ 65.00 $ 55.00 $ 25.00 JUN 6 1995 ITEM 16