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HomeMy WebLinkAboutContracts & Agreements_54-2019PS l l (11126118) AGREEMENT TO PERFORM PROFESSIONAL SERVICES This agreement for the provision of landscape architectural design ("Agreement") is made and entered in this 20th day of March, 2019 ("Effective Date"), by and between the City of Redlands, a municipal corporation ("City)" and STB Landscaping Architects, Inc ("Consultant") City and Consultant are sometimes individually referred to herein as a "Party" and, together, as the "Parties " In consideration of the mutual promises contained herein, City and Consultant agree as follows ARTICLE I — ENGAGEMENT OF CONSULTANT I I City hereby engages Consultant to provide architectural landscaping design services for City (the "Services") 12 The Services shall be performed by Consultant in a professional mannei, and Consultant represents that it has the skill and the professional expertise necessary to provide the Services to City at a level of competency presently maintained by other practicing professional consultants in the industry providing like and similar types of Services ARTICLE 2 — SERVICES OF CONSULTANT 21 The Services that Consultant shall perform are more particularly described in Exhibit "A," entitled "Scope of Services," which is attached hereto and incorporated herein by reference 22 Consultant shall comply with applicable federal, state and local laws and regulations in the performance of this Agreement including, but not limited to, State prevailing wage laws ARTICLE 3 — RESPONSIBILITIES OF CITY 3 1 City shall make available to Consultant information in its possession that may assist Consultant in performing the Services 32 City designates Christopher Boatman, Quality of Life Department Director, as City's representative with respect to performance of the Services, and such person shall have the authority to transmit instructions, receive information, interpret and define City's policies and decisions with respect to performance of the Services ARTICLE 4 — PERFORMANCE OF SERVICES 41 Consultant shall perform and complete the Services in a prompt and diligent mannei L 1caWjmlAgreementslSTB Gateway- Professlonal.ServicesTS 1 l doc I PS I I (11126/18) 42 Consultant shall complete the Services by April 22, 2019, unless the Services are terminated earlier as provided foi herein 43 If Consultant's Services include deliverable electronic visual presentation materials, such materials shall be delivered in a form, and made available to the City, consistent with City Council adopted policy for the same It shall be the obligation of Consultant to obtain a copy of such policy from City staff ARTICLE 5 ---- PAYMENTS TO CONSULTANT 5 1 Total compensation for Consultant's performance of the Services shall be in the amount of nineteen thousand four hundred thirty dollars ($19,43 0) 52 Consultant shall submit monthly invoices to City describing the Services performed during the preceding month Consultant's invoices shall include a brief description of the Services performed, the dates the Services were performed, the number of hours spent and by whom, and a descriptionn of reimbursable expenses related to the Services City shall pay Consultant no later than thirty (30) days after receipt and approval by City of Consultant's invoice 5 3 Any notice or other communication required, or which may be given, pursuant to this Agreement, shall be in writing Any such notice shall be deemed delivered (r) on the date of delivery in person, (it) five (5) days after deposit in first class registered mail, with return receipt requested, (iii) on the actual delivery date if deposited with an overnight courier, or (iv) on the date sent by facsimile, if confirmed with a copy sent contemporaneously by first class, certified, registered or express mail, to each case properly posted and fully prepaid to the appropriate address set forth below, or such other address as a Party may provide notice in accordance with this section City Consultant City Clerk Shawn Burch, President City of Redlands STB Landscape Architects, Inc 35 Capon Street 15 S 5h St Redlands, CA 92373 P O Box 3005 (marling) shawn@stblandarch com Redlands, CA 92373 909 798-7490 ARTICLE b — INSURANCE AND INDEMNIFICATION 61 The following insurance coverage required by this Agreement shall be maintained by Consultant foi the duration of its performance of the Services Consultant shall not perform any Services unless and until the required insurance listed below is obtained by Consultant Consultant shall provide City with certificates of insurance and endorsements evidencing such insurance prior to commencement of the Services Insurance policies L 1ca1dJjn AgreementslSTB Gateway Professional.Servcces.PS I l doc2 PS i 1 (11/26/18) shall include a provision prohibiting cancellation or modification of the policy except upon thirty (30) days prior written notice to City A Workers' Compensation and Employer's Liability insurance in the amount that meets statutory requirements with an insurance carrier acceptable to City, or certification. to City that Consultant is self-insured of exempt from the workers' compensation laws of the State of California Consultant shall execute and provide City with Exhibit `B" entitled "Workers' Compensation Insurance Certification," which is attached hereto and incorporated herein by this reference prior to performance of the Services B Comprehensive General Liability insurance with carriers acceptable to City in the minimum amount of One Million Dollars ($1,000,000) pei occurrence and Two Million Dollars ($2,000,000) aggregate, for public liability, property damage and personal injury is required City shall be named as an additional insured and such insurance shall be primary and non-contributing to any insurance or self-insurance maintained by City C Business Auto Liability coverage, with minimum limits of One Million Dollars ($1,000,000) per occurrence, combined single limit bodily injury liability and property damage liability This coverage shall include all Consultant owned vehicles used in connection with Consultant's provision of the Services, hied and non -owned vehicles, and employee non -ownership vehicles City shall be named as an additional insured and such insurance shall be primary and non-contributing to any insurance or self-insurance maintained by City D Consultant is expressly prohibited from assigning or subcontracting any of the Services without the prior written consent of City In the event of mutual agreement by the Parties to assign of subcontract a portion of the Services, Consultant shall add such assignee or subcontractor as an additional insured to the insurance policies required hereby and provide City with the insurance endorsements prior to any Services being performed by the assignee or subcontractor 62 Consultant shall defend, indemnify and hold harmless City and its elected officials, employees and agents from and against any and all claims, losses or liability, including attorneys' fees, ansing from injury or death to persons of damage to property occasioned by any negligent act or omission by, or the willful misconduct of, Consultant, or its officers, employees and agents in performing the Services ARTICLE 7 — CONFLICTS OF INTEREST 71 Consultant covenants and represents that it does not have any investment of interest in any real property that may be the subject of this Agreement or any other source of income, interest in real property of investment that would be affected in any manner or degree by the performance of Consultant's Services Consultant further covenants and L 1ca\dpn\AgreementslSTB Gateway Nofessional.SmicesTS t ] doc3 PS 1 1 (11/26/18) represents that in the performance of its duties hereunder, no person having any such interest shall perform any Services under this Agreement 72 Consultant agrees it is not a designated employee within the meaning of the Political Reform Act because Consultant A Does not make a governmental decision whether to (i) approve a rate, rule or regulation, of adopt or enforce a City law, (ii) issue, deny, suspend or revoke any City permit, license, application, certification, approval, order of similar authorization or entitlement, (iii) authorize City to enter into, modify of renew a contract, (iv) giant City approval to a contract that requires City approval and to which City is a party, of to the specifications for such a contract, (v) grant City approval to a plan, design, report, study or similar item, (vi) adopt, or grant City approval of, policies, standards of guidelines for City or for any subdivision thereof B Does not serve in a staff capacity with City and in that capacity, participate in making a governinental decision or otherwise perform the same or substantially the same duties for City that would otherwise be performed by an individual holding a position specified in City's Conflict of Interest Code under Government Code section 87302 73 In the event City determines that Consultant must disclose its financial interests, Consultant shall complete and file a Fair Political Practices Commission Form 700, Statement of Economic Interests, with the City Clerk's office pursuant to the written instructions provided by the City Clerk ARTICLE 8 — GENERAL CONSIDERATIONS 8 1 In the event any action is commenced to enforce or interpret any of the terms or conditions of this Agreement the prevailing Party shall, in addition to any costs and other relief, be entitled to the recovery of its reasonable attorneys' fees, including fees for the use of in-house counsel by a Party 82 Consultant shall not assign any of the Services, except with the prior written approval of City and in strict compliance with the terms and conditions of this Agreement Any assignment or attempted assignment without such prior written consent may, in the sole discretion of City, results in City's immediate termination of this Agreement 83 Consultant is for all purposes under this Agreement an independent contractor and shall perform the Services as an independent contractor Neither City nor its agents shall have control over the conduct of Consultant of Consultant's employees, except as herein set L 1caldjni\A, eements\STB Gateway Proresstonal.Servlces.PS 1 1 doc4 P5 I 1 (11/26/18) forth Consultant shall supply all necessary tools and instrumentalities required to perform the Services Assigned personnel employed by Consultant are for its account only, and in no event shall Consultant or personnel retained by it be deemed to have been employed by City or engaged by City for the account of, or on behalf of City Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent, nor shall Consultant have any authority, express or implied, to bind City to any obligation 84 This Agreement may be terminated by City, in its sole discretion, by providing not Iess than five (5) days prior written notice to Consultant of City's intent to terminate If this Agreement is terminated by City, an adjustment to Consultant's compensation shall be made, but (1) no amount shall be allowed for anticipated profit or unperformed Services, and (2) any payment due Consultant at the time of termination may be adjusted to the extent of any additional costs to City occasioned by any default by Consultant Upon receipt of a tennrnatron notice, Consultant shall immediately discontinue its provision of the Services and, within five (5) days of the date of the termination notice, deliver or otherwise make available to City, copies (in both hard copy and electronic form, where applicable) of project related data, design calculations, drawings, specifications, reports, estimates, summaries and such other information and materials as may have been accumulated by Consultant in performing the Services Consultant shall be compensated on a pro -rata basis for Services completed up to the date of termination 8 5 Consultant shall maintain books, ledgers, invoices, accounts and other records and documents evidencing costs and expenses related to the Services for a period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant pursuant to this Agreement Such books shall be available at reasonable times for examination by City at the office of Consultant 86 This Agreement, including the Exhibits incorporated herein by reference, represents the entire agreement and understanding between the Parties as to the matters contained herein, and any pnor negotiations, written proposals or verbal agreements relating to such matters are superseded by this Agreement Except as otherwise provided for herein, any amendment to this Agreement shall be in writing, approved by City and signed by City and Consultant 87 This Agreement shall be governed by and construed in accordance with the laws of the State of California 8 8 If one or more of the sentences, clauses, paragraphs or sections contained in this Agreement is declared invalid, void or unenforceable by a court of competent jurisdiction, the same shall be deemed severable from the remainder of this Agreement and shall not affect, impair or invalidate the remaining sentences, clauses, paragraphs or sections contained herein, unless to do so would deprive a Party of a material benefit of its bargain under this Agreement LIcaldjaMgreeinents%STBGateway Professlonal.ServacesPS1Idocs PS -1 1 (11126118) IN WITNESS WHEREOF, duly authorized representatives of City and Consultant have signed in confirmation of this Agreement CITY OF DLANDS By e McConnell, Interim City Manager Attest Jc&c Donaldson, City Clerk L 1ca1djmlAgreements\STB Gateway- Professlonal.Servlces.PS-I I.doc6 STB LANDSCAPE ARCHI TS, INC By Shawn Burch, President PS I I (11126/18) EXHIBIT "A" SCOPE OF SERVICES A STS has been recruited to assist with a project to further beautify the 1-10 freeway onramp areas within Redlands For this phase, work will be performed at two specific locations One work site is located at the eastbound I-10 onramp at Redlands Blvd and Ford St The work will take place within the city easement abutting the onramp as well as on the four corners of the Redlands Blvd and Ford St intersection The other work site is located on Sixth St south of Colton Ave and directly across from the westbound I-10 off ramp for Sixth St This work area will encompass approximately 100' of city easement lying adjacent to Sixth St and between the back of curb and the I-10 fence line B STB shall provide working drawings for the sites based on the approved conceptual design prepared by STB as required for bidding purposes Plans are to include the following items 1 Construction plan indicating proposed hardscape elements and dimensions 2 Final Planting plan(s) will indicate all materials to be planted for the project area showing location, species and size 3 Irrigation plan will indicate head placement and type, Iine locations and sizes and necessary equipment to operate the system 4 Lighting fixture placement plan showing proposed decorative lights for the monument sign and planter boxes 5 Construction specifications in book format will be provided to indicate means and methods of design construction 6 Construction details as needed to describe hardscape, irrigation and landscape installation methods in graphic terms C The contribution of STB to beautify the I-10 freeway onramps under scope items above shall be limited to areas of design and aesthetics, STB does not assume responsibility for the work of others in the production of construction documents of the sufficiency thereof necessary to the execution of the work D STB will provide all revisions to the drawings if required by the City during its review Should the approved conceptual design be modified by the City after STS has commenced any work on the construction drawings, STB shall be paid hourly at the rates listed in Appendix A for said alterations Any requested revisions will be considered additional services and billed under a Work Order form L 1caldjinlrlgreeinentslST13 Gateway Proressional.ServlcesTS I I doc 7 PS l 1 (11/25/18) APPENDIX A FEES FOR PROFESSIONAL SERVICES Services outlined under Extra Services shall be provided on a time basis computed as follows Landscape Architect $125 00 per hour -office ($140 00 -field) Project Manager $95 00 per hour -office ($115 00 -filed) SIB IN-HOUSE DIRECT EXPENSES REIMBURSABLE COSTS The following costs shall be reimbursed at cost (plus 15%) and are not included 1n the Fee for Professional Services A Costs of copies of drawings, specifications, reports, and cost estimates, xerography and photographic reproduction of drawings and other documents furnished or prepared in connection with the work of this contract sent to an outside reproduction company If done within STB's offices, above chart shall be used for calculating expenses B Cost ofpostage and shipping expenses other than first class mail L IcaldjmlAgreements\STl3 Gateway Professional. Services.PS 1 1 doc 8 Reproduction 8 5 x 11 $010 per paLe Color Reproduction 8 5 x 11 $100 pei page Color Re roduction 11 x 17) $3 00 per page Mileage $0 58 per mile Plotting $4 00 per S F ColorPlottin $10 00 per S F Scanning -Black and White $3 00 per S F Scanning -Color $5 00 per S F REIMBURSABLE COSTS The following costs shall be reimbursed at cost (plus 15%) and are not included 1n the Fee for Professional Services A Costs of copies of drawings, specifications, reports, and cost estimates, xerography and photographic reproduction of drawings and other documents furnished or prepared in connection with the work of this contract sent to an outside reproduction company If done within STB's offices, above chart shall be used for calculating expenses B Cost ofpostage and shipping expenses other than first class mail L IcaldjmlAgreements\STl3 Gateway Professional. Services.PS 1 1 doc 8 PS I i (11/26/18) EXHIBIT "B" WORKERS' COMPENSATION INSURANCE CERTIFICATION Every employer, except the State, shall secure the payment of compensation in one or more of the following ways (a) By being insured against liability to pay compensation by one or more insurers duly authorized to write compensation insurance in this State (b) By securing from the Director of Industrial Relations, a certificate of consent to self -insure, either as an individual employer, of as one employer in a group of employers, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self -insure and to pay any compensation that may become due to his or her employees CHECK ONE (I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers' Compensation of to undertake self- insurance elfinsurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work and activities required or permitted under this Agreement (Labor Code §1861) I affirm that at all times, in performing the work and activities required or permitted under this Agreement, I shall not employ any person in any manner such that I become subject to the workers' compensation laws of California However, at any time, if I employ any person such that I become subject to the workers' compensation laws of California, immediately I shall provide the City with a certificate of consent to self -insure, or a certification of workers' compensation insurance I certify under penalty of perjury under the laws of the State of California that the information and representations made in this certificate are true and correct STB LANDSCAPE ARC ECTS, INC By lawn Burch, President L Icaldim\Ae eements\STB Gateway Professional Services,PS I I doe 9 Date